THE HONORABLE EXECUTIVE JUDGE

REGIONAL TRIAL COURT

BIAN, LAGUNA

Attention:

OFFICE OF THE CLERK OF COURT

AND EX-OFFICIO SHERIFF

Re:

Petition for Extrajudicial Foreclosure of the Real Estate Mortgage

executed by SPOUSES ROGELIO M. ANCHETA, JR AND
LALAINE M. ANCHETA in favor of The Philippine American Life
and General Insurance Company.

SIR/MADAM:
On behalf of our client, THE PHILIPPINES AMERICAN LIFE

AND

GENERAL

INSURANCE COMPANY (PHILAMLIFE), we respectfully request your Honorable

Office to undertake the foreclosure of the Real Estate Mortgage executed on 17
September 2003 by the Spouses Rogelio M. Ancheta, Jr. and Lalaine M. Ancheta,
over a parcel of land located in Bian, Province of Laguna together with all the
building and improvements thereon, and covered by Transfer Certificate of Title
No. T-526156 of the Registry of Deeds for Calamba, Province of Laguna, machine
copy of which is attached as Annex A.
In support of this Petition, we respectfully state that:
1.

On 17 September 2003, a Deed of Mortgage was executed by Spouses

Rogelio M. Ancheta, Jr. and Lalaine M. Ancheta, as security of a loan extended to

them by Philamlife in the amount of One Million Four Hundred Sixty-Nine
Thousand Pesos (Php1,469,000.00). Attached as Annex B hereof is a machine
copy of said Deed of Mortgage;
2.

Under the terms of the Deed of Mortgage (Annex B), the aforesaid

mortgage indebtedness shall be payable in accordance with the schedule of

payments prescribed in the Loan Agreement of the Spouses Rogelio M. Ancheta,
Jr. and Lalaine M. Ancheta with Philamlife executed on 17 September 2003.
Attached as Annex C hereof is a machine copy of the Loan Agreement;

3.

Sometime thereafter, the Spouses Rogelio M. Ancheta, Jr. and Lalaine

M. Ancheta became delinquent in the payment of the agreed monthly

amortizations, in consequence of which their entire obligation to Philamlife
became due and payable. Despite repeated demands to update their loan account,
said Spouses have failed and refused, and continue to fail and refuse to settle their
outstanding obligation to Philamlife. Attached as Annex D is a machine copy of
the 29 March 2012 demand letter of Philamlife addressed to Mr. Rogelio M.
Ancheta, Jr. A copy of the Notice of Disposition for Non-Delivery due to
Addressee Unknown is likewise attached hereto as Annex E;
4.

The Deed of Mortgage pertinently provides as follows:

If the MORTGAGEE shall, at its discretion,
declare this Mortgage due, payable and
defaulted,
then
the
MORTGAGEE
may
immediately foreclose this Mortgage judicially,
or extra judicially under Act No. 3135 as
amended by Act No. 4118, without prejudice to
its other rights. For purposes of extra-judicial
foreclosure,
the
MORTGATORS
hereby
irrevocably appoint the MORTGAGEE as its
attorney-in-fact with full power and authority to
foreclose and sell the mortgaged property and
to do all necessary acts relative thereto. In the
event of foreclosure, the MORTGAGEE shall be
entitled
to
compensation
for
expenses,
attorneys fees, and cost of collection, which it is
stipulated, shall be twenty five percentum (25%)
of the total indebtedness then unpaid at the
time if the institution of foreclosure proceedings
of other legal action but in no case less than
TEN THOUSAND PESOS (P10,000), PHILLIPINE
CURRENCY, exclusive of all costs and fees
allowed by the Rules of court; and the payment
thereof shall, likewise, be secured by this
Mortgage. (Clause No. 13, Annex B)

5.

As of 02 March 2012, the net outstanding obligation of the Spouses

Rogelio M. Ancheta, Jr. and Lalaine M. Ancheta amounts to ONE MILLION

THREE HUNDRED EIGHTY-SEVEN THOUSAND ONE HUNDRED SIX
PESOS AND 86/100 (Php1,387,106.86), exclusive of all legal fees, charges and
expenses to be incurred by Philamlife in the instant foreclosure proceedings.

3
Attached as Annex F is a machine copy of their Statement of Account as of 02
March 2012.
WHEREFORE, we request your Honorable Office to proceed, after due
publication and necessary posting of notices in the manner provided by law, to sell
the mortgaged property at public auction for the satisfaction of the mortgaged
obligation of the Spouses Rogelio M. Ancheta, Jr. and Lalaine M. Ancheta to
Philamlife in the amount of
SEVEN

THOUSAND

ONE MILLION THREE HUNDRED EIGHTY-

ONE

HUNDRED

SIX

PESOS

AND

86/100

(Php1,387,106.86), as stated above, plus interests and all other charges as of the
date of the public auction, including the fees that may be due to your Office for
your services rendered.

Other reliefs just and equitable under the premises are similarly prayed for.

JIMENEZ GONZALES BELLO VALDEZ CALUYA & FERNANDEZ

JGLAW
Counsel for Philamlife
6 Floor, SOL Building, 112 Amorsolo Street,
Legaspi Village, 1229 Makati City, Philippines
Tel. Nos. 8159071 to 78
E-mail: info@jglawph.com
th

By:

BENIGNO G. PAR, JR.

IBP Lifetime No. 697826/04 January 2007/Nueva Vizcaya
PTR No. 3182360/ 05 January 2012/Makati City
MCLE Compliance No. III-0006957, 15 January 2009
Roll No. 43698/TIN No. 163-257-628

EDWIN ALDEN V. UY
IBP No. 861651/ 04 January 2012/ Quezon City
PTR No. 0046498/ 05 January 2012/ Makati City
MCLE Compliance No.: Exempt
Roll of Attorneys No. 59726

VERIFICATION/CERTIFICATION
I, Frances T. Soriano, under oath hereby depose and state that:
1.
I am the Assistant Vice President of the Investment Administration
Department of The Philippine American Life and General Insurance Company
(Philamlife);
2.
In my capacity as the duly authorized representative of Philamlife, I have
caused the preparation and filing of the foregoing Petition for Foreclosure of Real Estate
Mortgage and hereby confirm that I have read the same and that the allegations contained
herein are true and correct based on my personal knowledge and authentic documents
3.

I further attest to the authenticity of the annexes attached thereto;

4.
I further certify that Philamlife has not commenced any other action or
proceeding involving the same or similar issues in the Supreme Court, the Court of
Appeals, the different division thereof, or at nay other court, tribunal or agency, nor is
there any other action or proceeding involving the same or similar issues in the instant
case pending in the Supreme Court, the Court of Appeals or different divisions thereof or
any other tribunal or agency;
7.
I hereby undertake to notify this Honorable Office within five (5) days from
notice should I learn that any similar action or proceeding is filed or is pending before any
body or court or tribunal above-mentioned.
FURTHER AFFIANT SAYETH NAUGHT.

FRANCES T. SORIANO
Affiant
ACKNOWLEDGEMENT
REPUBLIC OF THE PHILIPPINES)
_________________________
) S.S.
BEFORE ME, a Notary Public for and in ____________________ this ____ day of
____________ personally appeared the following:

Frances T. Soriano

Drivers License No.

Issued on

___________________

_________________

Known to me to be the same person who executed this Special Power of Attorney and
acknowledged to me that the same is his free act and voluntary deed.
WITNESS MY HAND AND SEAL on the date and the place first above written.

Doc. No. ____;

Page No. ____;
Book No. ____;
Series of 2012.