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Manila, Branch 1, Manila JUAN DELA CRUZ, Plaintiff, Civil Case No. 0000001 -versusFor: Annulment of Extrajudicial Foreclosu re of Certificate of Sale with Damages MARIA MERCEDEZ Defendant. x--------------------------------------x COMPLAINT FOR ANNULMENT OF EXTRAJUDICIAL FORECLOSURE OF CERTIFICATE OF SALE WITH DAMAGESCOMPLAINT COMES NOW, the plaintiff through the undersigned counsel and to this Honorable Court, respectfully alleges: 1. That pPlaintiff Juan Dela Cruz is of legal age, single and a resident of 111 San Miguel St., Quiapo, Manila, and the Ddefendant Maria Mercedez is of legal age, single and a resident of 222 San Miguel St., Quiapo Manila. FIRST CAUSE OF ACTION 2. On June 1, 2010, Pplaintiff obtained a loan form from the Ddefendant in the amount of FIVE HUNDRED THOUSAND PESOS (PhP 500,000.00) for which PlaintiffI executed and delivered to Ddefendant a promissory note, a copy of which is hereto attached as “Annex A” and made part of this complaint, to wit to wit: (copy PN); 3. This The loan was secured by a real estate mortgage over a parcel of land located at 333 San Miguel St., Quiapo, Manila, with TCT No. 12345 (hereinafter referred to as “Property”), a copy which is hereto attached as “Annex B” and made part of this complaint, to wit: (copy REM); 4. On December 31, 2010, plaintiff paid the Ddefendant the total amount of FIVE HUNDRED THOUSAND PESOS (PhP 500,000.00), evidenced by an acknowledgement receipt issued by the Ddefendant, a copy of which is hereto attached as “Annex C” and made part of this complaint and made part of this complaint, to wit: (copy AR); 5. Despite such payment, On March 1, 2011, the Property was extrajudicially foreclosed and an auction sale was conducted by Sheriff Wyatt Earp (hereinafter referred to as “Sheriff”) as evidenced by defendant extrajudicially foreclosed the subject property through an auction sale for which a Ccertificate of Ssale was dated March 1, 2011issued, a copy of which is hereto attached as “Annex D” and made part of this complaint, to wit: (copy CS):
SECOND CAUSE OF ACTION 6. That Tthe notice of auction sale in the extrajudicial foreclosure was not published by the the Ssheriff nor by the notary public in a newspaper of general circulation as required by section 1, Presidential Decree NO. 1079, dated January 2, 1997 and as further required by A.M. No. 99-10-05-0, dated August 7 2001.
PRAYER WHEREFORE, it is respectfully pprayed that judgment be rendered in favor of Pplaintiff and against the Ddefendant for: 1. The annulment of the Certificate of Sale dated March 1, 2011. 2. Moral damages in the amount of ONE HUNDRED THOUSAND PESOS (PhP 100,000.00) for the mental anguish and sleepless nights caused by the defendant to the plaintiff. Such other reliefs as may be just and equitable under the premises are likewise prayed for. City of Manila, Philippines , June 1, 2011. Francis fragante ATTY. FRANCIS FRAGANTE Counsel for Plaintiff Unit 444, Building 555, San Miguel, Quiapo, Manila IBP No. 123456; 01/10/11 – Manila PTR No. 1234567; 01/10/11 Manila Roll No. 12345; 5/05/05 MCLE EXEMPT VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, JUAN DELA CRUZ, of legal age, after having been duly sworn in accordance with law, depose and state that: 1. I am a plaintiff in the above-stated case; 2. I caused the preparation of the foregoing complaint; 3. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and/or on the basis of copies of documents and records in my possession; 4. I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency; 5. To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency; 6. If I should thereafter learn that a similar action or proceeding has
been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court.
___________________________ Affiant JUAN DELA CRUZ SUBSCRIBED AND SWORN to before me this 1st day of June 2011 at Unit 444, Building 555, San Miguel, Quiapo, Manila affiant exhibiting to me his Passport No. 12345 issued on January 1, 2011 at Manila City. Doc. No. ; 12345 Page No. ; 002 Book No. ; 0001 Series of 2011.
ANNEX “A” June 1, 2010 Seven (7) months after date, I promise to pay to the order of Maria Mercedes the sum of FIVE HUNDRED THOUSAND PESOS as payment for the loan I received from her today. juan dela cruz Juan de la Cruz Maker
ANNEX “B” Republic of the Philippines) City of Manila) S.S. REAL ESTATE MORTGAGE KNOW ALL MEN BY THESE PRESENTS: This REAL ESTATE MORTGAGE made and executed by: Juan de la Cruz, Filipino, of legal age, single, with residence at 111 San Miguel St., Quiapo, Manila, herein called the MORTGAGOR; in favor of Maria Mercedes, Filipino, of legal age, single, with residence at 222 San Miguel St., Quiapo, Manila, herein called the MORTGAGEE. WITNESSETH That: 1. The MORTGAGOR does hereby convey by way of REAL ESTATE MORTGAGE unto the MORTGAGEE the following described real property, situated in Manila City, together with all improvements, to wit: “Containing an area of 800 sqm. more or less. Bounded on the south along line 1-2, Manila Cadastre x x x Of which real property the MORTGAGOR is the registered owner as evidenced by TCT No. 123 of the Registry of Deeds of Manila. 2. That this REAL ESTATE MORAGE is given as security for the payment to the MORTGAGEE of the loan dated June 1, 2010 for the sum of FIVE HUNDRED THOUSAND PESOS (P500,000). Provided, however that if said Juan de la Cruz shall pay or cause to be paid to said Maria Mercedes her heirs, or assigns, within the period seven months from and after the execution of this MORTGAGE. This MORTGAGE shall be discharged and of no effect. Otherwise it shall remain in full force and effect and shall be enforceable in the manner provided for by law. IN WITNESS WHEREOF, these presents are signed at the City of Manila, Philippines, on this June 1, 2010. Juan dela cruz mmmercedez JUAN DE LA CRUZ Mortgagor SIGNED IN THE PRESENCE OF: Ttgo Tess Tigo Witness
MARIA MERCEDES Mortgagee pp-han Pirma Han Witness
This is to certify that I, Maria Mercedes of 222 San Miguel St., Quiapo, Manila, receive the amount of FIVE HUNDRED THOUSAND PESOS (PHP500,000.00) from Mr. Juan dela Cruz as payment for the his loan of Juan dela Cruz dated March 1, 2010.
Sgd. mmmercedez Maria Mercedez December 31 2010
ANNEX “D” CERTIFICATE OF SALE This is to certify that the undersigned has purchased the land as described under TCT No. 12345 located at 333 San Miguel St., Quiapo, Manila on March 1, 2011 at an auction sale held at Manila for the amount of FIVE HUNDRED THOUSAND PESOS (PhP 500,000.000)
BUYER: mmmercedez Maria Mercedez NOTED BY: iggyiggy Christopher Ignacio (Sheriff)