REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FIRST JUDICIAL REGION
BRANCH 8
BAGUIO CITY

BAYAD KAH,
Plaintiff,

-versus- Civil Case No. 874-093-8362

For: Complaint for Foreclosure of
Real Estate Mortgage

WALA PAH,
Defendant.
x - - - - - - - - - - - - - - - - - - - - -x

PETITION FOR FORECLOSURE OF REAL ESTATE MORTGAGE

COMES NOW the plaintiff by the undersigned counsel and unto

this Honorable Court, respectfully states:

1. That both the plaintiff and the defendant are of legal age and
residents of #10 Rainbow Hills, Baguio City and #222 Brentwood,
Baguio City, respectively;

2. That on August 18, 2016, the defendant, in order to secure the

payment of the sum of SIX HUNDRED THOUSAND PESOS (600,000.00),
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
Baguio City, and duly registered with the Register of Deeds of Baguio
City;

3. That the condition of said mortgage, as stated therein, is such,

that if within the period of one (1) year 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 Php 600,000.00, together with the
stipulated interest of 12 % 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 of Php 600,000.00 or 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 Php 600,000.00, plus the stipulated interest, but said
defendant has failed, up to the present, 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 5% 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 most respectfully prayed:

(a) That, upon due hearing, judgment he rendered:

(1) ordering the defendant to pay unto the court within
the reglementary period of ninety (90) days the sum of
Php500,000.00, together with the stipulated interest at 12
per annum plus the additional sum of 5% 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 5% of the total
amount due as attorney's fees, expenses and costs.
(b) That plaintiff be granted such other relief in law and equity.

Plaintiffs further pray for such other relief and remedies deemed just
and proper in the premises.

City of Baguio, this 1st day of March 2017.

ATTY. MARY THERESE GABRIELLE B. ESTIOKO

Roll No. 71813
Room 718, Ireland Bldg., Upper Session Road, Baguio City
IBP Lifetime Membership No. 01004218: 07/18/16: Baguio–Benguet
PTR No. 718100421: 10/04/00: Baguio–Benguet
MCLE Compliance Cert. No. IV-0001984, 10/21/16

VERIFICATION AND CERTIFICATION

AGAINST FORUM SHOPPING

I, BAYAD KAH, of legal age and with residence at #10 Rainbow Hills,
Baguio City, after having been duly sworn, depose and say:
 1. That I am the plaintiff in the above entitled complaint.

2. That I have caused the preparation by my counsel of said

complaint.

3. That I have read the allegations therein contained, and that

the same are true and correct of my personal knowledge or
based on authentic records.

4. That I have not theretofore commenced any action or filed

any claim involving the same issues in any court, tribunal or
quasi-judicial agency and, to the best of my knowledge, no such
other action or claim is pending therein; and if I should
thereafter learn that the same or similar action or claim has
been filed or is pending to the court wherein the aforesaid
complaint or initiatory pleading has been filed.

Witness my hand this 1st day of March 2017 at the City of Baguio,
Philippines.

BAYAD KAH
Affiant

SUBSCRIBED and SWORN to before me, this 28th day of February

2017 at Baguio City, Philippines by BAYAD KAH with his valid PRC ID
No. X98-9837-001 issued on 31 January 2016, at Baguio City,
Philippines as proof of his identification.

ATTY. MARY THERESE GABRIELLE B. ESTIOKO

Notary Public
Commission Serial No. 93-NC-13
Notary Public for Baguio City
Until December 31, 2019
Office: Room 718, Ireland Bldg., Upper Session Road,
Baguio City
Roll No. 71813
IBP Lifetime Membership No. 01004218: 07/18/16: Baguio–
Benguet
PTR No. 718100421: 10/04/17: Baguio–Benguet
MCLE Compliance Cert. No. IV-0001984, 10/21/16

Doc. No. 81;

Page No. 16;
Book No. I;
Series of: 2017;
Copy Furnished (by personal service):

ATTY. CHEW BAKA

Counsel for Defendant