REPUBLIC OF THE PHILIPPINES

OFFICE OF THE EX-OFICIO SHERIFF

FOURTH JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH 86
TAAL, BATANGAS

PETITION FOR
EXTRAJUDICIAL FORECLOSURE OF
REAL ESTATE MORTGAGE

To: The Executive Judge ________________

Regional Trial Court
Branch 86, Taal, Batangas

Thru: The Ex-Oficio Sheriff

RTC-86, Taal, Batangas

We hereby respectfully deliver to you the annexed copy of the Real Estate Mortgage
(Annex “A”) executed on December 13, 2011, by SPS. LORETTA M. PLATA and CESAR
PLATA, both of legal age, Filipinos and with address at Brgy. Ilog, Taal, Batangas, hereinafter
referred to as the MORTGAGOR, as Attorney-in-Fact of CONRADO V. MARINAY married to
MERCEDES C. MARINAY, by virtue of a Special Power of Attorney dated November 08, 2010
(Annex “B”) in favor of SOROSORO IBABA DEVELOPMENT COOPERATIVE (SIDC) a
cooperative duly organized and existing under the laws of the Philippines, with legal capacity to
sue and be sued, herein represented by its General Manager, RICO B. GERON, Filipino citizen,
of legal age, married and with office address at SIDC, Sorosoro Ibaba, Batangas City,
hereinafter referred to as the MORTGAGEE, upon certain real property together with all
improvements existing thereon and for your information, we state the following facts:

1. By virtue of the aforementioned Real Estate Mortgage, the MORTGAGOR

acknowledged to be indebted to the MORTGAGEE in total principal amount of THREE
HUNDRED FIFTY SEVEN THOUSAND PESOS (Php357,000.00), Philippine currency, payable
according to the schedule set forth in the corresponding Loan Note, hereto attached as Annex
“C” and made an integral part hereof, as follows:

Date of Note ---------------- October 24, 2013

Date of Maturity ------------ October 24, 2015

2. The Loan Note provided that upon default of payment of any installment when
due, the entire balance of this note shall become immediately due and payable at the option of
the holder.

3. To secure the payment of the said principal obligation and other obligations
arising thereunder, MORTGAGOR, through the said Real Estate Mortgage mortgaged in favor
of the MORTGAGEE that certain real property containing an area of 2,449 square meters
together with all improvements existing thereon, presently located in Brgy. Ilog, Taal,
Batangas, registered under Transfer Certificate of Title No. T-19650 and covered by Tax
Declaration No. 27-0016-00440 attached hereto and made integral parts hereof as Annexes
“D” and “E”.

4. The Real Estate Mortgage was duly presented in the Office of the Register of
Deeds of Batangas – Lemery Branch on January 9, 2012, registered in the Day Book under Act.
No. 496 as amended by P.D. 1529, under Entry No. 14388.

5. On the date said obligation fell due as mentioned in the aforesaid Loan Note,
MORTGAGOR failed to pay the obligation to the MORTGAGEE. Despite numerous demands
made upon the MORTGAGOR, the latter still failed and refused to pay the MORTGAGEE.
Subsequently, a demand letter dated November 8, 2018, was sent to the MORTGAGOR thru
registered mail. A copy of the demand letter dated November 8, 2018 together with the return
card are attached herewith as Annex “F”, “F-1” and “F-2”.

6. As of May 28, 2019, the total unpaid obligations of the MORTGAGOR is in the
sum of SEVEN HUNDRED FORTY SIX THOUSAND SEVEN HUNDRED FIFTY FIVE AND
49/100 PESOS (Php746,755.49), as shown in the Statement of Account attached hereto and
made an integral part hereof as Annex “G”.

7. Under paragraph #3 of the terms and conditions of the aforesaid Real Estate
Mortgage, the MORTGAGOR agree that in case of foreclosure, the MORTGAGEE may
proceed extrajudicially, availing itself of the special power of attorney inserted therein with
express power to sell for the satisfaction of all outstanding obligations in the mortgage.

8. The terms and conditions of the said MORTGAGE have been broken,
MORTGAGOR having failed to pay the obligation when it fell due as stated in the aforesaid
Loan Note.

9. The MORTGAGOR, due to their refusal to pay their obligation are likewise liable
for attorney’s fees equivalent to TWENTY PERCENT (20%) of the total obligation that is due
and unpaid.

10. Herein MORTGAGEE is not aware of any person having or claiming any right or
interest in the mortgaged property subordinate to that of said MORTGAGEE.

PRAYER
WHEREFORE, premises considered, it is most respectfully requested that you take
immediate possession of the property in the Real Estate Mortgage Contract and sell the same
for the satisfaction of all outstanding obligations of the MORTGAGOR in favor of the
MORTGAGEE pursuant to law.

Other reliefs just and equitable under premises are likewise prayed for.

Batangas City for Taal, Batangas, May 28, 2019.

JAERO P. GARCIA
Counsel for the Mortgagee
Unit N, 2nd Floor, FRC Building
Pastor Avenue, Pallocan West, Batangas City
Roll of Attorneys No. 46776
PTR No. 3309990/Batangas City/01-04-19
IBP Lifetime No. 1011203/Batangas City
MCLE Compliance No. V-0022932; 07-11-16
Mobile No. 09209818552
Email: garciajaero@yahoo.com

VERIFICATION/CERTIFICATION

I, RICO B. GERON, Filipino citizen, of legal age, married and with office address at
SIDC, Sorosoro Ibaba, Batangas City, after having been duly sworn to in accordance with law,
hereby depose and state that:

1. I am the duly authorized representative of the mortgagee/petitioner in the above-

entitled petition and I caused the preparation of the same; I have read and
understood the contents thereof and the same are true and correct of my own
personal knowledge and based on authentic documents and records.
 2. I have not commenced any other action or proceedings involving the same issues in
the Supreme Court, the Court of Appeals or any other tribunal or agency. To the
best of my knowledge, no such other action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals or any other tribunal or
agency, and if I should learn that a similar action or proceeding has been filed before
any of the said courts, tribunal or agency, I hereby undertake to report such fact
within five (5) days therefrom to the court or agency wherein the original pleading
and sworn certification contemplated therein has been filed.

IN WITNESS WHEREOF, I hereby affixed my signature this ____________ at Batangas

City.

RICO B. GERON
Affiant

SUBSCRIBED AND SWORN TO before me this __________________, at Batangas

City.

Doc. No. ____ JAERO P. GARCIA

Page No. ____ Notary Public for and in the City of Batangas
Book No. ____ Municipalities of Tingloy, Mabini, Bauan
Series of 2019. San Pascual and San Jose
Commission No. 2018-34
Until December 31, 2020
Unit N, 2nd Floor, FRC Building
Pastor Ave., Pallocan West, Batangas City
Roll of Attorneys No. 46776
PTR No. 3309990/Batangas City/01-04-19
IBP Lifetime No. 1011203/Batangas City
MCLE Compliance No. VI-0018062; 02-11-19
TIN: 200-109-780