Professional Documents
Culture Documents
It is a remedy available to the mortgagee by which he number and date of issue of their MCLE Certificate of
subjects the mortgaged property to the satisfaction of Compliance, and if they could not do so, it will result
the obligation to secure which the mortgage was to the dismissal of the case and the expunction of the
given. pleadings from the records.
Denotes a procedure adopted by the mortgagee to
terminate the rights of the mortgagor on the property 4. COMBINED VERIFICATION AND
and includes the sale itself. CERTIFICATION AGAINST FORUM
SHOPPING (RULE 7, SEC. 5)
RULE 68: FORECLOSURE OF REAL ESTATE The plaintiff or principal party shall certify under
MORTGAGE oath in the complaint or other initiatory pleading
asserting a claim for relief, or in a sworn
FORM 1: COMPLAINT FOR JUDICIAL certification annexed thereto and simultaneously
FORECLOSURE filed therewith:
1. CAPTION AND TITLE a. that he has not theretofore commenced
Caption - is that part of the pleading, which sets any action or filed any claim involving the
forth: same issues in any court, tribunal or
Name of the court quasi-judicial agency and, to the best of
Title of the action his knowledge, no such other action or
Docket number, if assigned claim is pending therein;
Title indicates the names of the parties, who b. if there is such other pending action or claim,
shall be named in the original complaint or a complete statement of the present status
petition. However, in subsequent pleadings, it thereof; and
shall be sufficient if the name of the first party on c. if he should thereafter learn that the same or
each side be stated with an appropriate similar action or claim has been filed or is
indication when there are other parties. Their pending, he shall report that fact within five
respective participation in the case shall be (5) days therefrom to the court wherein his
indicated. aforesaid complaint or initiatory pleading has
been filed.
2. BODY Failure to comply with the foregoing
RULE 68 : FORECLOSURE OF REAL ESTATE requirements shall not be curable by mere
MORTGAGE amendment of the complaint or other initiatory
Section 1. Complaint in action for foreclosure. pleading but shall be cause for the dismissal of
1. In an action for the foreclosure of a mortgage the case without prejudice, unless otherwise
or other encumbrance upon real estate, the provided, upon motion and after hearing.
complaint shall set forth the following:
2. Date and due execution of the mortgage; The submission of a false certification or non-
3. Its assignments, if any; compliance with any of the undertakings
4. The names and residences of the mortgagor therein shall constitute indirect contempt of
and the mortgagee; court, without prejudice to the corresponding
5. A description of the mortgaged property; administrative and criminal actions. If the acts
6. A statement of the date of the note or other of the party or his counsel clearly constitute
documentary evidence of the obligation willful and deliberate forum shopping, the same
secured by the mortgage, shall be ground for summary dismissal with
7. The amount claimed to be unpaid thereon; and prejudice and shall constitute direct contempt,
8. The names and residences of all persons as well as a cause for administrative sanctions.
having or claiming an interest in the property
subordinate in right to that of the holder of the 5. JURAT accompanies any notarized document
mortgage, all of whom shall be made that is declaratory in nature as opposed to a
defendants in the action. notarized document that transmits rights or
property, which must be accompanied by an
3. SIGNATURE OF COUNSEL ACKNOWLEDGEMENT.
As per A.M. No. 07-6-5-SC, counsels are now "Jurat" refers to an act in which an individual on a
required to indicate in their pleadings or other legal single occasion:
documents their contact details aside from address, a. appears in person before the notary public and
i.e., telephone, fax, mobile or email. presents an instrument or document;
b. is personally known to the notary public or
As per SC En Banc Resolution on Bar Matter No. identified by the notary public through
1132, all pleadings must indicate the ff: competent evidence of identity as defined by
1. Roll of Attorneys number of counsel these Rules;
2. Current Professional Tax Receipt number (PTR c. signs the instrument or document in the
No.) presence of the notary; and
3. IBP Official Receipt or Life Member number.
d. takes an oath or affirmation before the notary 4. NOTICE OF HEARING
public as to such instrument or document. 5. SERVICE OF MOTION
6. PROOF OF SERVICE
FORM 2: MOTION TO SELL MORTGAGE
PROPERTY PARTITION
Partition is the separation, division, and assignment of
1. CAPTION AND TITLE a thing held in common among those to whom it may
2. BODY (Motion To Sell Mortgage Property) belong
Contains allegations of the plaintiff, that the
court has already rendered its judgment requiring Every act which is intended to put an end to an in-
defendant to pay his principal obligation, interest, division among co-heirs and legatees or devisees is
liquidated damages and attorneys fees. deemed to be a partition, although it should purport
to be a sale, exchange, a compromise or any other
After the expiration of the period given, without the transaction
judgment debtor paying in full said obligations.
RULE 69: PARTITION
The plaintiff prays to the court order the mortgaged
property subject matter of the judgment be sold at FORM 4: COMPLAINT FOR PARTITION
public auction and the proceeds thereof disposed of
according to law. In an action for partition, there should be
simultaneous presentment of two issues
3. SIGNATURE OF COUNSEL - There is the issue of whether the plaintiff
is indeed a co-owner of the property
4. NOTICE OF HEARING The notice of hearing is sought to be partitioned
actually both a request and a notice, a REQUEST for - Assuming that the plaintiff successfully
the branch clerk of court to include the motion in the hurdles the first issue, there is the
calendar for hearing on a specific date and NOTICE secondary issue of how the property is to
to opposing counsel of the hearing requested. be divided between the plaintiff and the
defendants.
In non-litigious motions or ex-parte motions, it is
sufficient that the request not contain a date, and for 1. CAPTION AND TITLE
that purpose, such may be omitted with notice to 2. BODY (Complaint For Partition)
opposing counsel simply stating that counsel will a. Plaintiff must set forth in his complaint the
submit the motion to the court for approval nature and extent of his title; and
immediately upon receipt. b. An adequate description of the real estate
of which partition is demanded; and
6. PROOF OF SERVICE The requirement is for a c. Joining as defendants all other persons
written explanation if service is done by registered interested in the property.
mail instead of by personal service; the
explanation need not be verified, it being required 3. SIGNATURE OF COUNSEL
only that it is signed. 4. VERIFICATION AND CERTIFICATION AGAINTS
FORUM SHOPPING
However, the Supreme Court, where an Affidavit 5. JURAT
of Service is required, it may be practical to
combine the Explanation and the Affidavit of FORCIBLE ENTRY AND UNLAWFUL DETAINER
Service. An ejectment case is a summary proceeding designed
to provide expeditious means to protect actual
FORM 3: MOTION FOR CONFIRMATION OF possession or the right to possession of the property
SALE involved
In all other cases, charges for indirect contempt shall 3. SIGNATURE OF COUNSEL
be commenced by a verified petition with supporting 4. VERIFICATION AND CERTIFICATION OF
particulars and certified true copies of documents or NON-FORUM SHOPPING
papers involved therein, and upon full compliance 5. JURAT
with the requirements for filing initiatory pleadings for
civil actions in the court concerned. If the contempt FORM 9: APPEAL FROM ADVERSE JUDGMENT
charges arose out of or are related to a principal IN INDIRECT CONTEMPT
action pending in the court, the petition for contempt
shall allege that fact but said petition shall be 1. CAPTION AND TITLE
docketed, heard and decided separately, unless the 2. BODY (Notice of Appeal)
court in its discretion orders the consolidation of the
contempt charge and the principal action for joint The judgment or final order of a court in a case of
hearing and decision. indirect contempt may be appealed to the proper
court as in criminal cases. But execution of the
Before one may be convicted of indirect contempt, judgment or final order shall not be suspended until a
there must be compliance with the following bond is filed by the person adjudged in contempt, in
requisites: an amount fixed by the court from which the appeal is
taken, conditioned that if the appeal be decided
a. a charge in writing to be filed; against him he will abide by and perform the
b. an opportunity for respondent to comment judgment or final order.
thereon within such period as may be fixed
by the court; and Respondent manifests his willingness and readiness
c. an opportunity to be heard by himself or by to bond, in an amount fixed by Honorable Court, for
counsel. the suspension of the execution of the decision, and
that he will abide by and perform the judgment or
A person may be charged with indirect contempt by final order against him.
either of two alternative ways, namely:
1. by a verified petition, if initiated by a party; or 3. SIGNATURE OF COUNSEL
2. by an order or any other formal charge 4. NOTICE OF HEARING
requiring the respondent to show cause why 5. PROOF OF SERVICE