REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

7th JUDICIAL REGION
Branch ______
Cebu City, Philippines
-o0o-

RODING A. BULANTAO CIVIL CASE No.

______
Plaintiff, FOR: FORECLOSURE OF
REAL MORTGAGE under
Rule 68, Rules of Court

MARILYN G. DALAMPINES
Defendant.
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COMPLAINT

COMES NOW, the complainant by the undersigned counsel and unto

this Honorable Court, respectfully aver that:

1. Complainant Roding A. Bulantao (hereinafter referred as plaintiff-

mortgagee) is of legal age and a resident of Barangay, Mambaling, Cebu
City, Philippines. Likewise, defendant Marilyn G. Dalimpines is of legal age
and a resident of Barangay Quiot Pardo, Cebu City. Both parties may sue
and be sued, served summons and be subject to other court processes;

2. On, January 2, 2014, the said defendant obtained a loan in the sum of
ONE MILLION TWO HUNDRED THOUSAND PESOS (Php 1,200,000.00),
evidenced by a promissory note on the same date, promising to pay the
plaintiff-mortgagee the said amount with legal interest, on or before
January 8, 2016. Machine copy on faithful reproduction of the said
promissory note is here attached as Annex "A" of this complaint;
3. The loan was secured by a real estate mortgage executed by the
defendant in favor of the plaintiff-mortgagee, on one (1) piece of land
located in Barangay Quiot, Pardo, Cebu City and duly registered with
Registry of Deeds -City of Cebu under TCT No. 12345-CB with the an area
of NINE HUNDRED FORTY SIX SQUARE METERS, more or less with its
technical description hereto described as follows to with:

TCT No. 12345-CB

"A PARCEL OF LAND (Lot 20 Blk 54 of consolidation subdivision plan

(LRC) Pcs-13265, being a portion of the consolidation of Lots 4751-A and
4751-B (LRC) Psd-50533, Lot 3, Psd-100703, Lot 1, Psd-150980, LRC
Rec. Nos. Nos. N-27024, 51768, 89632, N-11782, N-13466, and 21071
situated in the Bo. of Quiot, City of Cebu, Prov of Cebu, Is. of Cebu.
Bounded on NE., point 4 to 1 by Road Lot 22, on...to the point of beginning;
containing an area of NINE HUNDRED FORTY SIX SQUARE METERS
(946) square meters more or less including improvements thereon.."

4.The real estate mortgage was duly registered with the Registry of Deeds
of Cebu City, on January 7, 2014. Copy of the said mortgage is attached as
Annex "B" and made an integral part of this complaint;

5. Defendant has not paid the mortgage debt of ONE MILLION TWO
HUNDRED THOUSAND PESOS (Php 1,200,000.00) in spite of the lapse
of the stipulated period;

6. Defendant failed to pay the plaintiff any amount despite repeated oral
and written demands to satisfy the same. A copy of the final written demand
letter personally received by the defendant is here attached as Annex "C";
and

7. There are no other persons having or claiming an interest in the

mortgaged property.

PRAYER

WHEREFORE, it is respectfully prayed that judgment be rendered against

the defendant:

1. To pay within a period of not less than ninety (90) days but not more than
one hundred twenty (120) days from the entry of judgement, the sum of
ONE MILLION TWO HUNDRED THOUSAND PESOS (Php 1,200,000.00),
together with the stipulated interest, plus cost of suit and attorney's fees
and;

2. In default of such payment, the abovementioned property be ordered

sold at public auction to pay off the mortgage debt and its accumulated
interest, plus attorney's fees and cost of suit.

Other reliefs, just and equitable under this premise are likewise
prayed for.

Municipality of Argao for Cebu City, Philippines. February 26, 2016

ATTY. Jeryl Grace C. Fortuna

Counsel for Petitioners
Fortuna Fortuna Law Office
G/F Hi-Tristar Building
Brgy. Poblacion, Mun. of
Argao, Cebu
Tel No. 452-2624
Roll No. 1145676
IBP Lifetime No. 343567
3/4/11 Cebu City
PTR No. 45678 3/5/15 Cebu City
MCLE Compliance
Certificate No. 65738 2/7/16

REPUBLIC OF THE PHILIPPINES )

CITY OF CEBU ) S.S.
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VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, RODING A. BULANTAO, Filipino, of legal age, and a resident of Sitio

Kawaling, UC-METC Corner, Barangay Mambaling, Cebu City, Philippines,
after having duly sworn in accordance with law, depose and state that:

1.) I am the Plaintiff in the above titled case;

2.) I caused the preparation of the foregoing complaint by our counsel;
3.) I have read the contents thereof and the facts stated therein are true
and correct to the best of my personal knowledge and authentic records;

4.) I have not commenced any other action or filed any claim involving the
same issues in any court, tribunal or quasi-judicial agency and, to the best
of my knowledge, no such action or proceeding is pending in them; and

6.) If I should thereafter learn that the same or similar action or claim has
been filed or is pending after its filing, I undertake to report the fact within
five (5) days therefrom to the court or where the complaint or initiatory
pleading has been filed.

IN WITNESS WHEREOF, I hereby affix our signatures this 24 th day of

February 2016 at Cebu City, Philippines.

ROMING A. BULANTAO
Affiant

SUBSCRIBED AND SWORN to before me this 24th day of February 2016

in the City of Cebu. Affiant exhibiting to me his Competent Identification
Card with Numbers 145-309-899 (Tax Identification Number) as proof of his
identity.

Doc. No. _____ CLINT M. DIESTO

Page No. _____ Notary Public for the City of Cebu and
Book No. _____ Municipalities under the Jurisdiction of
Series of 2016. RTC of Cebu
Commission Valid Until December 31,
2015
PTR No. 3451/Cebu City/1-6-14
IBP Lifetime Member No. 00953/Cebu
City
2/F BPI Building Magallanes St., Cebu
City
Notarial Commission No. 09306
Roll No. 23075
MCLE Compliance No. IV-0000999