Complaint Nullity

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REPUBLIC OF THE PHILIPPINESNATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURTNATIONAL CAPITAL REGION JUDICIAL REGION

Manila, Branch 1 , Manila

JUAN DELA CRUZ,Plaintiff,

Civil Case No. 0000001 -versus- For:

Annulment of ExtrajudicialForeclosu

re of Certificate of Sale with

Damages

MARIA MERCEDEZDefendant.

x--------------------------------------x

COMPLAINT FOR ANNULMENT OF EXTRAJUDICIALFORECLOSURE OF CERTIFICATE OF SALE WITH

DAMAGESCOMPLAINT

COMES NOW, the plaintiff through the undersigned counsel and to this

Honorable Court, respectfully alleges:

1. That pP laintiff Juan Dela Cruz is of legal age, single and aresident of 111 San Miguel St., Quiapo, Manila, and the Dd efendantMaria Mercedez is of legal age, single and a resident of 222 San MiguelSt., Quiapo Manila.

FIRST CAUSE OF ACTION

2. On June 1, 2010, Pp laintiff obtained a loan form from theDd efendant in the amount of FIVE HUNDRED THOUSAND PESOS (PhP500,000.00) for which PlaintiffI executed and delivered to Dd efendanta promissory note, a copy of which is hereto attached as “Annex A”and made part of this complaint, to wit to wit : (copy PN);

3. This The loan was secured by a real estate mortgage over aparcel of land located at 333 San Miguel St., Quiapo, Manila, with TCTNo. 12345 (hereinafter referred to as “Property”) , a copy which ishereto attached as “Annex B” and made part of this complaint, to wit:(copy REM);

4. On December 31, 2010, plaintiff paid the Dd efendant the totalamount of FIVE HUNDRED THOUSAND PESOS (PhP 500,000.00),evidenced by an acknowledgement receipt issued by the Dd efendant,a copy of which is hereto attached as “Annex C” and made part of thiscomplaint and made part of this complaint, to wit: (copy AR);

5. Despite such payment, On March 1, 2011, the Property wasextrajudicially foreclosed and an auction sale was conducted by Sheriff Wyatt Earp (hereinafter referred to as “Sheriff”) as evidenced bydefendant extrajudicially foreclosed the subject property through anauction sale for which a Cc ertificate of Ss ale was dated March 1,2011issued , a copy of which is hereto attached as “Annex D” andmade part of this complaint, to wit: (copy CS):



SECOND CAUSE OF ACTION

6. That Tthe notice of auction sale in the extrajudicialforeclosure was not published by the the Ss heriff n or by the notary

public in a newspaper of general circulation as required by section 1,Presidential Decree NO. 1079, dated January 2, 1997 and as furtherrequired by A.M. No. 99-10-05-0, dated August 7 2001.

PRAYER

WHEREFORE, it is respectfully pp rayed that judgment berendered in favor of Pp laintiff and against the Dd efendant for:

1. The annulment of the Certificate of Sale dated March 1, 2011.2. Moral damages in the amount of ONE HUNDRED THOUSAND

PESOS (PhP 100,000.00) for the mental anguish and sleeplessnights caused by the defendant to the plaintiff.

Such other reliefs as may be just and equitable under thepremises are likewise prayed for.

City of Manila, Philippines , June 1, 2011.

Francis fraganteATTY. FRANCIS FRAGANTECounsel for Plaintiff Unit 444, Building 555, San Miguel,Quiapo, ManilaIBP No. 123456; 01/10/11 – ManilaPTR No. 1234567; 01/10/11 -ManilaRoll No. 12345; 5/05/05MCLE EXEMPT

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPINGI, JUAN DELA CRUZ, of legal age, after having been duly sworn inaccordance with law, depose and state that:

1. I am a plaintiff in the above-stated case;2. I caused the preparation of the foregoing complaint;3. I have read the contents thereof and the facts stated therein aretrue and correct of my personal knowledge and/or on the basis of copies of documents and records in my possession;4. I have not commenced any other action or proceeding involving thesame issues in the Supreme Court, the Court of Appeals, or any othertribunal or agency;5. To the best of my knowledge and belief, no such action orproceeding is pending in the Supreme Court, the Court of Appeals, orany 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 any other tribunal or agency, I undertake to report that factwithin five (5) days therefrom to this Honorable Court.

___________________________

Affiant JUAN DELA CRUZ

SUBSCRIBED AND SWORN to before me this 1st day of June 2011 at Unit 444, Building 555, San Miguel, Quiapo, Manilaaffiant exhibiting to me his Passport No. 12345 issued on January1, 2011 at Manila City.

Doc. No. ; 12345Page No. ; 002Book No. ; 0001Series of 2011.



ANNEX “A”

June 1, 2010

Seven (7) months after date, I promise to pay to the order of

Maria Mercedes the sum of FIVE HUNDRED THOUSAND PESOS aspayment for the loan I received from her today .

juan dela cruz Juan de la CruzMaker



ANNEX “B”

Republic of the Philippines)City of Manila) S.S.

REAL ESTATE MORTGAGEKNOW ALL MEN BY THESE PRESENTS:

This REAL ESTATE MORTGAGE made and executed by:

Juan de la Cruz, Filipino, of legal age, single, with residence at111 San Miguel St., Quiapo, Manila, herein called the MORTGAGOR; infavor of

Maria Mercedes, Filipino, of legal age, single, with residence at222 San Miguel St., Quiapo, Manila, herein called the MORTGAGEE.

WITNESSETH That:

1. The MORTGAGOR does hereby convey by way of REAL ESTATEMORTGAGE unto the MORTGAGEE the following described realproperty, situated in Manila City, together with allimprovements, to wit:

“Containing an area of 800 sqm. more or less.

Bounded on the south along line 1-2, Manila Cadastre x x x

Of which real property the MORTGAGOR is the registered owneras evidenced by TCT No. 123 of the Registry of Deeds of Manila.

2. That this REAL ESTATE MORAGE is given as security for thepayment to the MORTGAGEE of the loan dated June 1, 2010for the sum of FIVE HUNDRED THOUSAND PESOS (P500,000).Provided, however that if said Juan de la Cruz shall pay orcause to be paid to said Maria Mercedes her heirs, or assigns,within the period seven months from and after the executionof this MORTGAGE. This MORTGAGE shall be discharged andof no effect. Otherwise it shall remain in full force and effectand shall be enforceable in the manner provided for by law.

IN WITNESS WHEREOF, these presents are signed at the City of Manila, Philippines, on this June 1, 2010.

Juan dela cruzmmmercedez

JUAN DE LA CRUZ MARIA MERCEDESMortgagor Mortgagee

SIGNED IN THE PRESENCE OF: Ttgo pp-han Tess Tigo Pirma HanWitness Witness



ANNEX “C”

Acknowledgement Receipt

This is to certify that I, Maria Mercedes of 222 San Miguel St.,Quiapo, Manila, receive the amount of FIVE HUNDRED THOUSANDPESOS (PHP500,000.00) from Mr. Juan dela Cruz as payment for the hisloan of Juan dela Cruz dated March 1, 2010.

Sgd.mmmercedezMaria MercedezDecember 31 2010



ANNEX “D”

CERTIFICATE OF SALE

This is to certify that the undersigned has purchased the land as

described under TCT No. 12345 located at 333 San Miguel St., Quiapo,Manila on March 1, 2011 at an auction sale held at Manila for theamount of FIVE HUNDRED THOUSAND PESOS (PhP 500,000.000)

BUYER:mmmercedez

Maria Mercedez

NOTED BY:iggyiggyChristopher Ignacio

(Sheriff)

Complaint Nullity

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