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Republic of the Philippines


Ninth Judicial Region
Municipal Trial Court- Branch III
(Zamboanga City)
Juan Dela Cruz,
Plaintif,
Civil Case No. 1234
- versus Juanita Perez (assisting

For: Unlawful Detainer

Artemio Perez, Enrique Perez,


and Mariano Perez, All Minors),
Defendants
x ----------------------------------------- x

COMPLAINT
COMES NOW, the plaintiff through his undersigned counsel
to this Honorable Court, most respectfully states that:
1. Plaintiff is a Filipino, of legal age, single, and a resident of
La Purisima Street, Zamboanga City, Philippines.
Defendant Juanita Perez, is a Filipino, of legal age, widow,
and a resident of Camino Nuevo, Zamboanga City, Philippines.
Defendants minor children being assisted by co-defendant,
Juanita Perez, their guardian.
2. Plaintiff and a certain Martha Ferrer entered into a loan
agreement in February 2011, whereby the former lent the latter

the amount of one million pesos (P1,000,000.00), payable for two


(2) years, as evidenced by a promissory note attached herein as
Annex A.
The parties also agreed that, in case of non-payment after the
lapse of two (2) years, an interest rate of two percent (2%) per
month shall be imposed based on the unfulfilled portion of the
loan.
3. To secure the obligation, Martha Ferrer mortgaged a house
and lot located at 123 Camanchile Drive, Zamboanga City,
Philippines. A copy of the Deed of Mortgage is attached as Annex
B.
The subject properties were co-owned by Martha Ferrer and
her three (3) children, the above-named minor defendants, by
virtue of a donation executed by a certain Rolando Perez, the
father of the minor defendants, from whom the parties descended
and traced their claim of ownership and right of possession. The
same property is where the defendants herein currently and
continuously reside. A copy of the Deed of Donation is attached as
Annex C.
4. When Martha Ferrer mortgaged the said properties to
secure her personal loan, she signed for and on behalf of the minor
defendants to consent such disposition, being the mother and the
guardian of the minor defendants.
5. During the first year of obligation, Martha Ferrer made
two (2) payments only totalling one hundred thousand pesos
(P100,000.00). The initial payment was made in June 2011, and
the second payment was made in December 2011.
However, as regards the outstanding balance of nine hundred
thousand pesos (P900,000.00), no payment was ever made during

the second year. A copy of receipts of payment is attached as


Annex D and Annex D-1.
6. In February 2013, when the obligation had already lapsed,
the plaintiff was prompted to foreclose the property to satisfy the
obligation. The notice of such foreclosure, dated 01 April 2013, was
sent to Ferrers residence, the address being, 123 Camanchile
Drive, Zamboanga City, Philippines. A copy of the receipt of notice
is attached as Annex E and a copy of the writ of attachment is
attached as Annex E-1.
7. On 10 April 2015, the subject properties were sold at a
public auction, under the direction of sheriff Pedro Santos, and the
same were awarded to the plaintiff, being the highest bidder. A
copy of the affidavit of the sheriff to attest the conduct of public
auction sale is attached as Annex F
Prior to the sale, notice of public auction was published once
a week for at least three consecutive weeks in Zamboanga Times,
a newspaper of general circulation in the city. A copy of the said
publication is attached as Annex F-1. Moreover, posting of such
notices of the sale was also made in three (3) public places of
Zamboanga City, namely, Hall of Justice, City Hall, and Plaza
Pershing. A copy of the posting of such notices is attached as
Annex F-2, Annex F-3, and Annex F-4.
8. After the sale had been confirmed, the plaintiff, together
with the issued writ of possession and executed by the sheriff,
surrendered the old Transfer Certificate of Title before the
Registry of Deeds, to obtain a new Transfer Certificate of Title
covering the subject properties under his name. A copy of the writ
of possession is attached as Annex G and a copy of the new
Transfer Certificate of Title in favour of the plaintiff, is attached
as Annex H.

9. The plaintiff, now the registered owner of subject


properties, asked the defendants to vacate the premises through a
letter dated 30 June 2015. A copy of the plaintiffs letter to
defendants is attached as Annex I.
9. Despite demands duly made and received, defendants
refused to vacate and continue to occupy the said properties.
Resort

to

Barangay

Conciliation

system

proved

futile

as

defendants refused to appear before the Lupong Tagapamayapa. A


certification to file action is attached as Annex J.
10. Defendants continued occupation of the premises has
caused injuries to plaintiff because the properties cannot be used
for its purpose which prompted the latter to sue and incur legal
expenses.
7. WHEREFORE, plaintiff respectfully prays for judgment in
his favour by ordering defendants to vacate the property and
peacefully turn over possession to plaintiff, and for defendants to
pay plaintiff the actual cost of litigation and Attorneys fees.

Other just and equitable reliefs are also prayed for.


Zamboanga City, 13 August 2015

Ann Loraine L. Tam


Counsel for plaintiff
La Purisima Street, Zamboanga City
Philippines

VERIFICATION AND CERTIFICATION AGAINST FORUM


SHOPPING
I, Juan Dela Cruz, Filipino, of legal age, single, and a
resident of La Purisima, Zamboanga City, after having been duly
sworn to under oath, depose and say:
1. That I am the plaintiff in the above entitled complaint;
2. That I have caused the preparation of said complaint;
3. That I have read the allegations therein contained, and
that the same and true and correct of my personal knowledge
and/or based on authentic records;
4. That I have not theretofore commenced any action or filed
any claim involving the same issues in court, tribunal, or quasijudicial 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, I shall report that fact within five (5) days therefrom to
the Court wherein the aforesaid complaint or initiatory pleading
has been filed.
Witness my hand this 13th of August 2015 at Zamboanga
City, Philippines.

Juan Dela Cruz


Affiant

SUBSCRIBED AND SWORN to before me, a notary public,


this thirteenth day of July 2015, at Zamboanga City, Philippines,
affiant appearing before me with his CTC No. 123456789-0 issued
on January 10, 2015, and who signed said document in my
presence and sworn as to said document that he understood the
contents thereof and that the same was his free and voluntary act
and deed.

Ann Loraine L. Tam


Notary Public
Until December 31, 2015

Doc. No. 02
Page No. 01
Book No. I
Series of 2015

Copy furnished:

Atty. Rhea Doll B. Gonzalo

Consel for the defendants

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