Republic of The Philippines Regional Trial Court 11th Judicial Region Branch 24 Davao City Nestor N. Nicaragua

Republic of the Philippines
REGIONAL TRIAL COURT

11th Judicial Region
Branch 24
Davao City
NESTOR N. NICARAGUA,
Plaintiff,
Civil Case No. 111-662-888
-versus- For: Complaint for Foreclosure of
Real Estate Mortgage
PETER P. PAN,
Defendant.
x - - - - - - - - - - - - - - - - - - - - -x
THE PARTIES
COMES NOW, the plaintiff, through the undersigned attorney, and

unto this Honorable Court, respectfully states:
1. Plaintiff is NESTOR N. NICARAGUA a Filipino Citizen, of legal age, single

and a resident of #54 DIHO Villlage, Brgy. Buhangin, Davao City;
2. That Defendant is PETER P. PAN a Filipino Citizen, of legal age, single and
residing at #33 Barrio Hayahay, Brgy. Sasa, Davao City;
3. That Plaintiff and Defendant have capacity to sue or be sued;
COMPLAINT
4. On October 15, 2018, the defendant, in order to secure the payment of

the sum of ONE MILLION PESOS (Php 1,000,000.00), 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 Brgy. Marilog, Davao City. (A
true copy of said mortgage contract is hereto attached as Exh. “A”)
5. That the condition of said mortgage, as stated therein, is such, that if

within the period of TWELVE (12) months 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 ONE MILLION PESOS (Php 1,000,000.00)
together with the stipulated interest of 6% per annum, then the said
1
mortgage shall be discharged; otherwise, it shall remain in full force and
effect, to be enforceable in the manner prescribed by law;
6. That the defendant has not paid or caused to be paid the mortgage debt
of ONE MILLION PESOS (Php 1,000,000.00)or any part thereof, in spite of
the lapse of the stipulated period;
7. That the plaintiff has demanded of the defendant to pay the above sum
of ONE MILLION PESOS (Php 1,000,000.00) plus the stipulated interest, but
said defendant has failed to pay the same;
8. 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 50% of the total amount due as attorney’s fees, expenses
and costs; and
9. That there are no other persons having or claiming an interest in the

mortgaged property.
PRAYER
WHEREFORE, it is mostly respectfully prayed upon this Honorable

Court that due hearing and judgment be rendered:
1. Ordering the defendant to pay unto the court within the

reglementary period of ninety (90) days the sum of ONE MILLION
PESOS (Php 1,000,000.00) together with the stipulated interest at 6%
per annum from and after October 15, 2019, plus the additional sum
of 50% of the total amount due as attorney’s fees, expenses and
costs;
2. That in default of such payment, the above-mentioned property be

ordered sold to pay off the mortgage debt and its accumulated
interest, plus 50% of the total amount due as attorney’s fees,
expenses and costs; and
3. Finally, that plaintiff be granted such other reliefs that are just and
equittable in law and equity.
RESPECTFULLLY SUBMITTED
DONE. On the 30th day of January 2020. In the City of Davao, Philippines.
2
(sgd)
ATTY. JACOBO J. JUMAW
Counsel for the Plaintiffs
Roll No. 54321/January 5, 2020
IBP Lifetime No. 09190
PTR No. 1276543, issued on May 05, 2019 at Davao City
MCLE No. IV-004222, issued on April 10, 2019 at Davao City
#60 Magallanes Street, Davao City
REPUBLIC OF THE PHILIPPINES)

CITY OF DAVAO ) S.S.
x----------------------------------------------x
VERIFICATION AND CERTIFICATION
I, NESTOR N. NICARAGUA, a Filipino Citizen, of legal age, single and a

resident of #54 DIHO Villlage, Brgy. Buhangin, Davao City, under oath,
depose and state:
1. That I am the Petitioner in the above-mentioned case;
2. That I have caused the preparation of this Petition;
3. That I have read and understood its contents and affirm that they
are true and correct to my personal knowledge and based on
authentic records; and
4. That I hereby certify that there is no other case or special

proceeding commenced or pending before any court involving the
same parties and the same issue and that should we learn of such a
case or special proceeding, we shall notify the court within five (5)
days from our notice.
IN WITNESS WHEREOF, I have signed this instrument on the 30th day

of January 2020, in the City of Davao, Philippines.
NESTOR N. NICARAGUA
Affiant
SUBSCRIBED AND SWORN TO before me this 30th day of January 2020 a

certain NESTOR N. NICARAGUA exhibiting to me his Driver’s License No.
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52332 and issued on November 6, 2017 and issued at Davao City,
Philippines
(sgd)
Doc. No. 66;
Page No. 15;
Book No. 1;
Series of 2020

Republic of The Philippines Regional Trial Court 11th Judicial Region Branch 24 Davao City Nestor N. Nicaragua

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Republic of the Philippines

REGIONAL TRIAL COURT

COMES NOW, the plaintiff, through the undersigned attorney, and

1. Plaintiff is NESTOR N. NICARAGUA a Filipino Citizen, of legal age, single

3. That Plaintiff and Defendant have capacity to sue or be sued;

4. On October 15, 2018, the defendant, in order to secure the payment of

5. That the condition of said mortgage, as stated therein, is such, that if

9. That there are no other persons having or claiming an interest in the

WHEREFORE, it is mostly respectfully prayed upon this Honorable

1. Ordering the defendant to pay unto the court within the

2. That in default of such payment, the above-mentioned property be

REPUBLIC OF THE PHILIPPINES)

VERIFICATION AND CERTIFICATION

I, NESTOR N. NICARAGUA, a Filipino Citizen, of legal age, single and a

1. That I am the Petitioner in the above-mentioned case;

2. That I have caused the preparation of this Petition;

4. That I hereby certify that there is no other case or special

IN WITNESS WHEREOF, I have signed this instrument on the 30th day

SUBSCRIBED AND SWORN TO before me this 30th day of January 2020 a

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