COMPLAINT FOR FORECLOSURE OF REAL ESTATE MORTGAGE

Republic of the Philippines

MUNICIPAL TRIAL COURT
Davao City

ANDRE DELA CRUZ

Plaintiff,

Civil Case No. 0824

For: Foreclosure of
Real Estate Mortgage
NINA SANTOS
Respondent.

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COMES NOW, the plaintiff by the undersigned attorney, and unto this Honorable
Court, respectfully states:

1. That both the plaintiff and the defendant are of age, and residents of 192 Nickelodeon
St. El Rio Subdivision, Davao City;

2. That on June 12, 2017 the defendant, in order to secure the payment of the sum of TWO
HUNDER THOUSAND PESOS (P200,000.00) acknowledged to have been received by
him on said date, executed in favor of the plaintiff a first mortgage on certain real property
located in Lot 8, Blk 4, Minni Street, Matina Aplaya, Davao City a true copy of said
mortgage contract is hereto attached as Exh. “A”, and made an integral part of this
complaint.

3. That the condition of said mortgage, as stated therein, is such, that if within the period
of Five (5) years from and after the execution of same, the defendant shall pay or cause to
be paid to the plaintiff, his heirs or assigns, the said sum of TWELVE THOUSAND PESOS
(P12,000.00) together with the stipulated interest of 8% per annum, then the said mortgage
shall be discharged; otherwise, it shall remain in full force and effect, to be enforceable in
the manner prescribed by law;

4. That the defendant has not paid or caused to be paid the mortgage debt any part thereof,
in spite of the lapse of the stipulated period;

5. That the plaintiff has demanded of the defendant to pay the above sum of TWO
HUNDRED PESOS (P200,000.00) plus the stipulated interest, but said defendant has
failed to pay the same;

6. That the defendant has also agreed in the mortgage contract that should the plaintiff
foreclose the mortgage, the latter is entitled to receive the further sum of 30% of the total
amount due as attorney’s fees, expenses and costs.

7. That there are no other persons having or claiming an interest in the mortgaged property.
WHEREFORE, it is respectfully prayed:

(a) That, upon due hearing, judgment be rendered: (1) ordering the defendant to pay
unto the court within the reglementary period of ninety days the sum of TWO HUNDRED
THOUSAND PESOS (P200,000.00) together with the stipulated interest at 8% per annum
plus the additional sum of 30% of the total amount due as attorney’s fees, expenses and
costs; (2) and that in default of such payment, the above-mentioned property be ordered
sold to pay off the mortgage debt and its accumulated interest, plus 30% of the total amount
due as attorney’s fees, expenses and costs,

(b) That plaintiff be granted such other relief in law and equity. March 12 2018.

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

Republic of the Philippines

(City of Davao ) S.S.

I, Andre 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.

Davao City, Philippines, March 20, 2018

 __________________
ANDRE DELA CRUZ

SUBSCRIBED AND SWORN to before me this 20th day of March 2018 at

Davao City, Philippines affiant exhibiting to me her Passport No. 58158450 issued in DFA
Manila 2014.

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