Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
City of Manila
Branch ___

SPONGEBOB SQUAREPANTS,
Plaintiff,

-versus- CIVIL CASE NO. ___________

For: Foreclosure of Real Estate
Mortgage

EUGENE HAROLD KRABS,

Defendant.

x--------------------------------------------x

COMPLAINT

Plaintiff, through undersigned counsel, respectfully alleges that:

1. Plaintiff Spongebob Squarepants, is of legal age, Filipino citizen,

with postal address at 971 M. H. del Pilar St., Malate, Manila;

2. Defendant, Eugene Harold Krabs, is of legal age, Filipino citizen,

with postal address at 1082 Vicente Cruz St., Sampaloc, Manila, where he may
be served with summons and other processes by this Honorable Court;

3. On October 6, 2018, defendant obtained a loan in the amount of

P750,000.00, which was evidenced by a promissory note on the same date,
promising to pay the plaintiff the said amount with legal interest, on or before
January 15, 2019. Copy of the promissory note is hereby attached as Annex “A”
of this complaint.

4. To secure the payment thereof, he mortgaged a certain parcel of

land covered by TCT No. 16747 issued by the Register of Deeds of the City of
Manila, hereby attached as Annex “B”, which is more particularly described as
follows:

“A parcel of land (Lot No. 2927-A, Psd-07-020869, being a portion of Lot

No. 2927), situated in Mabini Street cor. United Nations Avenue, Ermita,
Manila. Bounded on the E, along line 1-2 by Mabini Street; on the S, along line
2-3 by Lot 2927-C; on the W, along line 3-4 by Lot 2927-B; on the N, United
Nations Avenue x x x containing an area of twenty-two square meters (22 sq. m.)
more or less, covered by Transfer Certificate of Title No. T-16747 in the name of
Spongebob Squarepants.”
 5. The terms and conditions of said mortgage are incorporated in a
Real Estate Mortgage executed and signed by defendant on October 12, 2018.
Copy of the Real Estate Mortgage is attached hereto as Annex “C”;

6. The mortgage debt is now long overdue, but defendant failed, and
still fails, to pay the same, or any part thereof, notwithstanding demands of
plaintiff. Copy of the demand letter is hereto attached as Annex “D”;

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

mortgaged property.

WHEREFORE, premises considered it is most respectfully prayed that

judgment be rendered against the defendant:

a) To pay within a period of not less than ninety (90) days but not
more than one hundred twenty (120) days from entry of judgment, the sum of
P1,000,000.00 together with the stipulated interest, plus cost of suit and
attorney’s fees; and

b) In default of such payment, the aforementioned 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 are likewise prayed for.

Manila, February 7, 2019.

LENNON MCCARTNEY AND ASSOCIATES

LAW OFFICE
Counsel for the Plaintiff
Unit 906 Penny Lane Building
2824 San Andres St., Malate, Manila

By:

ATTY. PAUL MCCARTNEY

IBP Lifetime No. 049042/31 May 2013
PTR No. 2310491/9 December 2018/Manila
MCLE Exemption No. V 000244/15 March 2017
Tel No. 734-5957

VERIFICATION/CERTIFICATION AGAINST FORUM SHOPPING

REPUBLIC OF THE PHILIPPINES)

CITY OF MANILA ) S.S.
 I, PAUL MCCARTNEY, of legal age, Filipino citizen, married, after
having been duly sworn to in accordance with law do hereby depose and say that:

1. I am the plaintiff in the above-entitled case;

2. The facts stated in the above complaint are true and correct to the
best of my knowledge and authentic records;

3. I have not commenced any 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 other action or claim is pending in them; and

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

IN WITNESS WHEREOF, I have hereunto affixed my signature this ____

day of February 2019, in the City of Manila.

ATTY. PAUL MCCARTNEY

SUBSCRIBED AND SWORN to before me this _____ day of February

2019, in the City of Manila, affiant exhibiting to me his SSS/Passport/Driver’s
License I.D. No. __________________, issued at ___________________ on
__________________.

ATTY. CHRIS PAUL HARDEN

Notary Public
Until December 31, 2020
IBP Lifetime No. 069022/31 May 2015
PTR No. 3892310/20 October 2018/Manila
MCLE Exemption No. V 000242/15 March 2017
Tel No. 561-8989

Doc. No. _________;

Page No. _________;
Book No. _________;
Series of 2019.