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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION


REGIONAL TRIAL COURT
VALENZUELA CITY, BRANCH 10

KELVIN DE LEON,
Plaintiff,

-versus-

Civil Case No. 123456


COMPLAINT FOR
FORECLOSURE OF
MORTGAGE

CHRISTINE BARES AND JEFFERSON BARES,


Defendant.

x-x
COMPLAINT
NOW COMES plaintiff, through counsel, to this Honorable Court and for
cause of action against the defendant, respectfully alleges:
1. Palintiff is single, Filipino of legal age and a resident of Lot 54, Gen. T.
De Leon Road, Valenzuela City while respondents were resident of #3
Igmedio St., Gen. T. De Leon, Valenzuela City;
2. That on February 1, 2012, defendants executed a promissory note (Annex
A hereof) in favor of the plaintiff in terms and conditions as follows:
That I (Respondent) hereby promise and undertake to pay the
said indebtedness unto the said Kelvin De Leon (Petitioner)
within a period of one (1) year from today, in the amount of
FIVE HUNDRED PESOS (P 500,000.00) with interest at the rate
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of one (1%) per centum per month until fully paid. As a security
(respondent) gave him an real estate mortgage.
3. That to secure the payment of said promissory note, defendant executed
on January 28, 2012 a Deed of Mortgage in favor of plaintiff over a
parcel of land which was in the name of spouses whose technical
description as follows:
Lot 4-A-1 of the subd. Plan Psd-00-067648, being a portion of Lot
4-A, Psd-13-010160), situated in Brgy. Gen. T. De Leon, alenzuela
City, Prov. Of MM, Is of Luzon. Bounded one the NW., along line 12 by Lot 783, Malinta Estate; on the NE., along line 2-3 by Lot 4-A-2
of the subd. Plan; on the SE., along line 3-4 by Lot 4-G (Psd-13010160 (Alley) and on the SW., along line 4-1 by Lot M. de Leon
Street (F Suerte Street) Beginningcontaining an area
of ONE HUNDRED SIXTY (160) SQ. M., more or less .
4. Copy of said Deed of Mortgage is attached hereto, marked as Annex B
and made as integral part of this complaint;
5. The said mortgage was registered with the Registry of Deeds of Quezon
City on March 23, 2012;
6. That defendant paid the initial amount of FIFTY THOUSAND PESOS
(P50,000.00) and for the three months of terms of loan. However, she
failed to pay the remaining and the full of her obligation upon expiration
of the term;
7. The one-year period has expired, without defendant paying the remaining
amount and interests thereon. Accordingly, plaintiff demanded of
defendant to pay his overdue obligations, but notwithstanding such
demands, both verbal and written, defendant refused and continues to
refuse to pay the same.

WHEREFORE, plaintiff prays for judgment as follows:


a) Issuing a decree of foreclosure for the sale at public auction of the abovedescribed parcel of land, and for disposition of the proceeds thereof in
accordance with law, upon failure of the defendant to pay in full his
obligations within period set by law.
b) Ordering defendant to pay the litigation expenses of P50,000.00 and
attorneys fees of P250,000.00, plus costs.
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Other relief and remedies as may be deemed just and equitable under the
premises are likewise prayed for.
Valenzuela City, April 25, 2013.

JAYZIE CARPI
Counsel for Plaintif
35 McArthur Highway,
Marulas, Valenzuela City
PTR No. 0118484
Issued on : Nov 13, 2014
Issued at: Manila
IBP No. 577025
Issued on: Dec 02, 2014
Issued at: Manila
ROLL NO: 38854

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, KELVIN DE LEON, of legal age, and a resident of a resident of Lot 54,


Gen. T. De Leon Road, Valenzuela City, in the above-entitled case after being
sworn to in accordance with law, do hereby depose and state:
1. I am the plaintiff in the above-entitled case;
2. I have personally caused the preparation of the foregoing Complaint;
3. I have read and understood its contents and that the allegations contained
therein are true and correct of my own personal knowledge and based on
authentic records;
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
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any other tribunal or agency, I undertake to report that fact within five (5)
days therefrom to this Honorable Court.

KELVIN DE LEON
Plaintiff
REPUBLIC OF THE PHILIPPINES

VALENZUELA CITY

) SS.

SUBSCRIBED AND SWORN to before me, this 25th day of April, 2013,
in Valenzuela City, affiant Kelvin De Leon exhibiting to me her Community Tax
Certificate No. 02058446 issued on May 19, 2008 at Caloocan City.

ATTY. JUAN GALING

Doc No. _____;


Page No. ____;
Book No.____;
Series of 2013.

Notary Public
GALING LAW OFFICES
49 McArthur Highway,
Marulas, Valenzuela City
PTR No. 0123184
Issued on : Nov 12, 2013
Issued at: Manila
IBP No. 598025
Issued on: Dec 08, 2013
Issued at: Manila
ROLL NO: 38854

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