REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION BRANCH 69, MANDALUYONG CITY

ABC FINANCE AND LENDING CORPORATION represented by Mr. Ang Bee Chin, President Plaintiffs. -versusCIVIL CASE NO. M-2014-123 For: Foreclosure and Collection of Sum of Money

Estate of Mr. Michael Green, Mrs. Michelle Green, surviving spouse of Mr. Michael Green, and Manny Pacman, owner of Manny Pacman Holding Corporation Defendants. x------------------------------------------------x AMENDED COMPLAINT COMES NOW Plaintiff, by counsel, unto this Honorable Court, most respectfully states: 1. That plaintiff is a finance and lending corporation duly organized and existing under the Laws of the Philippines, having its principal office at No.7, Ideal St. Brgy. Addition Hills, Mandaluyong City; 2. That defendants are the estate of Mr. Michael Green; Mrs. Michelle Green, the surviving spouse of Mr. Michael Green, of legal age, Filipino citizen and residing at Unit 7C Shaw Residenza, Shaw Boulevard, Barangay Addition Hills, Mandaluyong City, where she may be served with summons and other Court processes; and Manny Pacman, the owner of Manny Pacman Holding Corporation, of legal age, Filipino citizen and residing at Unit 101 Dionisia Subdivision, Shaw Boulevard, Barangay Mountain Hills, Mandaluyong City, where he may be served with summons and other Court processes; 3. That on September 15, 2013, the defendant obtained a loan from the plaintiff in the sum of Seven Hundred Fifty Thousand Pesos (P750,000.00) Philippine Currency, with the following terms and conditions among others: a. The principal loan obligation shall be payable in Three (3) Months from time of execution of the agreement; b. The principal loan obligation shall incur an interest of 36% per month compounded; and c. The loan was to mature on 31 December 2013.

A copy of the Loan Agreement is herewith attached as Annex A and made an integral part hereof. 4. That as a security for the loan, Mr. Michael Green has mortgaged by way of Accommodation Mortgage a Condominium in Paranaque City registered under the holding company of Manny Pacman Holding Corporation. As evidence, a Xerox copy of the Accommodation Mortgage dated September 15, 2013 is herewith attached and marked as Annex B and made integral part hereof. 5. That Mr. Michael Green died on November 15, 2013. Leaving the loan unpaid. The second paragraph of Sec. 16, Rule 3 of the 1997 Rules Civil Procedure as Amended, provides: Section 16. Death of party; duty of counsel. Whenever a party to a pending action dies, and the claim is not thereby extinguished, it shall be the duty of his counsel to inform the court within thirty (30) days after such death of the fact thereof, and to give the name and address of his legal representative or representatives. Failure of counsel to comply with his duty shall be a ground for disciplinary action. The heirs of the deceased may be allowed to be substituted for the deceased, without requiring the appointment of an executor or administrator and the court may appoint a guardian ad litem for the minor heirs. The court shall forthwith order said legal representative or representatives to appear and be substituted within a period of thirty (30) days from notice. If no legal representative is named by the counsel for the deceased party, or if the one so named shall fail to appear within the specified period, the court may order the opposing party, within a specified time to procure the appointment of an executor or administrator for the estate of the deceased and the latter shall immediately appear for and on behalf of the deceased. The court charges in procuring such appointment, if defrayed by the opposing party, may be recovered as costs. Death certificate of Mr. Michael Green was attached as Annex C. 6. That the said loan is now overdue and the defendants refused and failed to pay the amount despite demands made orally and in writing by the plaintiff, as evidenced by the Demand Letter send by the Banks Legal Counsel, dated January 01, 2014, photocopy of which is hereto attached as Annex D and made an integral part hereof. 7. As a result, plaintiff was constrained to institute this case, incurring in the process obligations for litigation expenses and attorneys fees in the amount of P30,000.00, and moral and exemplary damages in the amount of P20, 000, for which the defendants should be held liable.

PRAYER WHEREFORE, it is most respectfully prayed of this Honorable Court that after due hearing, judgment be rendered in favor of plaintiff and against the defendant in this manner. 1. Ordering the defendant to pay plaintiff the amount of Seven Hundred Fifty Thousand Pesos (P750,000) Philippine Currency, with interest thereon at the rate of 36% per month, compounded from September 15, 2013, and until the same is fully paid; and That the aforementioned condominium, which was the subject of the Accommodation Mortgage, be sold at a public auction should the defendants fail to pay the sums set forth in this complaint and apply the proceeds thereof in accordance with the dispositions of the law. Ordering the defendant to pay the cost of this suit.

2.

3.

Plaintiff likewise prays for such other and further relief or reliefs as this Honorable Court may deem just and equitable in the premises. Mandaluyong City, Philippines, March 31, 2014. GROUP ONE ASSOCIATES LAW OFFICE Counsel for the Plaintiff. 3rd. Floor New Era Building No. 10 Magalang Street, Bgy. Pinyahan, Mandaluyong City For the Firm: Juan Dela Cruz IBP No. 827847, 6/8/12/Mandaluyong City PTR No. 576784, 6/8/12/Mandaluyong City MCLE Compliance No. 12-0989699/Makati City Attorneys Roll No. 374435

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, Ang Bee Chin, of legal age, President of ABC Lending Corporation located at No. 7 Ideal Street, Brgy. Additional Hills Mandaluyong City, under oath, do hereby depose states that: 1. I am the complainant in the said case; 2. I have caused the preparation of the same and I attest to the veracity of all the allegations stated herein; 3. I have read and understood all the allegations herein and that I attest to the authenticity and veracity of all the documents attached herein as based on my own personal knowledge, information and belief;
3

4. I further certify that I have not commenced or filed any claim involving the same issues herein with any other Court. Tribunal or QuasiJudicial Agency or I am not aware of any such other case or claim pending before any other court, tribunal or quasi-judicial agency; and 5. Should I thereafter learn of the filing or pendency of such similar action or claim, I will inform this Honorable Court of such fact within five (5) days from knowledge thereof.

IN WITNESS WHEREOF, I have hereunto affixed my hands this 31st day of March, 2014 at Mandaluyong City, Philippines.

___________________ Ang Bee Chin Affiant

SUBSCRIBED and SWORN TO before me this 31st day of March, 2014 at Mandaluyong City, Philippines, affiant exhibiting to me her Passport ID Number EB12125311 issued on 9th day of January, 2013 at Mandaluyong City, Philippines.

NOTARY PUBLIC Doc. No. __________ Page No. __________ Book No. __________ Series of 2014

ANNEX A LOAN AGREEMENT KNOW ALL MEN BY THESE PRESENTS: This Loan Agreement is executed this 15th day of September 2013, by and between: ABC FINANCE AND LENDING CORPORATION, a corporation organized and existing under the laws of the Philippines, with business address at No. 7, Ideal St. Brgy. Addition Hills, Mandaluyong City, herein duly represented by its President, Ang Bee Chin, hereinafter referred to as the LENDER; - and MICHAEL GREEN, of legal age, married, Filipino citizen and residing at Unit 7C Shaw Residenza, Shaw Boulevard, Barangay Addition Hills, Mandaluyong City BORROWER. -WITNESSETHThe LENDER has sufficient cash to lend to BORROWER, and the latter has agreed to avail of a loan thereof, subject to the following terms and condition: 1. LENDER shall extend to BORROWER a cash loan in the amount Pesos: Seven Hundred Fifty Thousand Pesos (P750,000.00), in Philippine Currency, receipt of which is hereby acknowledged by the parties. The principal amount shall bear an interest of Thirty Six Pecent (36%) per month compounded. The PARTIES warrant that they have the necessary corporate powers and are duly authorized to execute, deliver and perform its obligations and duties under this Agreement; This Agreement shall be binding upon the BORROWER, its estate and permitted assigns and shall inure to the benefit of the LENDER, its successors and assigns; This Agreement, executed hereafter pursuant to the same, constitutes the entire understanding between the parties in respect of the matters dealt with therein and the terms and conditions hereof may only be modified, altered or amended with the prior written consent of the party of or parties against whom, such modification, alteration, or amendment shall take effect.

2. 3.

4.

5.

IN WITNESS WHEREOF, the parties have executed this Agreement on the date and place above specified.

ABC FINANCE AND LENDING CORPORATION LENDER

5

MICHAEL GREEN BORROWER

SIGNED IN THE PRESENCE OF:

________________

___________________

ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES) MANDALUYONG CITY )S.S. BEFORE ME, this 15th of September 2013, in Mandaluyong City, personally appeared: Name Ang Bee Chin Michael Green Passport ID Number EB1212531 AB1234567 Issued at Makati City Pasay City Issued on January 9, 2013 July 15, 2012

known to me to be the same persons who executed the foregoing instrument consisting two (2) pages including this Acknowledgment, and who acknowledged to me that the same is their voluntary and free act and deed and those of the parties represented. IN WITNESS WHEREOF, I set my hand and affix my notarial seal on the date and place above written. NOTARY PUBLIC Doc. No. _____; Page No. _____; Book No. _____; Series of ______.

ANNEX B This MORTGAGE is executed on 15th day of September 2013 by Mr. Michael Green, of legal age, Filipino citizen, married to Mrs. Michelle green, and residing at Unit 7C Shaw Residenza, Shaw Boulevard, Barangay Addition Hills, Mandaluyong City, hereinafter called the MORTGAGOR; In favour of, ABC FINANCE AND LENDING CORPORATION, a finance and lending corporation duly organized and existing under the Laws of the Philippines, having its principal office at No.7, Ideal St. Brgy. Addition Hills, Mandaluyong City, herein referred to as the MORTGAGEE. Whereas, the term Mortgagor and Mortgagee, unless repugnant to the context shall mean and include their representatives heirs, successors, executors, administrators, trustees, legal representatives and assigns. Whereas, the Mortgagor herein, is accommodated by Manny Pacman Holding Corporation, who is the sole and absolute owner of immovable Property which is a Condominium Unit valued at FOUR MILLION PESOS (P4,000,000.00) in Philippine currency, situated in Paranaque City. Manny Pacman Holding Corporation has been in possession and enjoyment of the mortgaged property and paying taxes and levies thereon, as sole and absolute owner thereof. Whereas Mortgagor being in need of money for the purpose of improving its business, mortgagor requested the Mortgagee to lend him the sum of Seven Hundred Fifty Thousand Pesos (P750,000.00) Philippine Currency, which the Mortgagee has agreed to do on the Mortgagor executing these presents with a view to secure the repayment thereof with interest as herein after provided. Whereas, Manny Pacman Holding Corporation agreed to signed this foregoing instrument as maker, acceptor or indorser, without receiving valur therefor, and for the purpose of lending his name to the Motgagor and he is liable on this instrument to a holder for value. The Loan Agreement has the following terms and conditions among others: 1. The principal loan obligation shall be payable in Three (3) Months from time of execution of the Agreement; 2. The principal loan obligation shall incur an interest of 36% per month compounded; 3. The loan was to mature on 31 December 2013; IN WITNESS WHEREOF the Mortgagor has put his hand on 15th day of September 2013, at Mandaluyong City.

MORTGAGOR ______________________ Mr. Michael Green

MORTGAGEE _______________________________________ ABC FINANCE AND LENDING CORPORATION Represented by Mr. Ang Bee Chin, President

WITH MY MARITAL CONSENT: ______________________ Mr. Michelle Green, Wife of Mortgagor

MAKER: ______________________ Manny Pacman Holding Corporatio Represented by Manny Pacman SIGNED IN THE PRESENCE OF:

____________________ ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES) MANDALUYONG CITY )S.S.

______________________

BEFORE ME, this 15th of September 2013, in Mandaluyong City, personally appeared: Name Ang Bee Chin Michael Green Passport ID Number EB1212531 AB1234567 Issued at Makati City Pasay City Issued on January 9, 2013 July 15, 2012

known to me to be the same persons who executed the foregoing instrument consisting two (2) pages including this Acknowledgment, and who acknowledged to me that the same is their voluntary and free act and deed and those of the parties represented. IN WITNESS WHEREOF, I set my hand and affix my notarial seal on the date and place above written. NOTARY PUBLIC Doc. No. _____; Page No. _____; Book No. _____; Series of ______.

ANNEX C

DEATH CERTIFICATE

ANNEX D DEMAND LETTER January 1, 2014 TO: Heirs of Mr. Michel Green and Mrs. Michelle Green Surviving spouse of Mr. Michael Green Unit 7C Shaw Residenza, Shaw Boulevard, Barangay Addition Hills, Mandaluyong City

Mr. Michael Green has not yet paid a debt owed to ABC FINANCE AND LENDING CORPORATION which he has incurred on September 15, 2013. The amount remaining unpaid is the principal debt amounting to Seven Hundred Fifty Thousand Pesos (P750,000.00) Philippine Currency, plus an interest of 36% per month compounded. Demand is hereby made to you in view of Mr. Michael Greens death, that this money be paid. Unless, payment is received by the undersigned no later than March 1, 2014, a lawsuit will be brought against you as heirs and wife of Mr. Michael Green. Sincerely, Mr. Ang Bee Chin President, ABC FINANCE AND LENDING CORPORATION No.7, Ideal St. Brgy. Addition Hills, Mandaluyong City

January 1, 2014 TO: Manny Pacman Owner of Manny Pacman Holding Corporation Unit 101 Dionisia Subdivision, Shaw Boulevard, Barangay Mountain Hills, Mandaluyong City;

Mr. Michael Green has not yet paid a debt owed to ABC FINANCE AND LENDING CORPORATION which he has incurred on September 15, 2013. The amount remaining unpaid is the principal debt amounting to Seven Hundred Fifty Thousand Pesos (P750,000.00) Philippine Currency, plus an interest of 36% per month compounded. You are part of this transaction as maker of the Accommodation Mortgage as a security for the loan thereby making you liable in case the principal debt/obligation remained unpaid. Hence, demand is hereby made to you that this money be paid. Unless, payment is received by the undersigned no later than March 1, 2014, a lawsuit will be brought against you.

Sincerely, Mr. Ang Bee Chin President, ABC FINANCE AND LENDING CORPORATION No.7, Ideal St. Brgy. Addition Hills, Mandaluyong City

10