Republic of the Philippines

First Judicial Region

REGIONAL TRIAL COURT
OFFICE OF THE CLERK OF COURT AND EX-OFFICIO SHERIFF
Bauang, La Union

TO: THE HONORABLE CLERK OF COURT

AND EX-OFFICIO SHERIFF
Bauang, La Union

THRU: THE EXECUTIVE JUDGE

Regional Trial Court
Bauang, La Union

MANUEL MORALES, Foreclosure Case No.____

Petitioner-Mortgagee, For: Extra-Judicial
Foreclosure of Real Estate
Mortgage
-versus-

SPOUSES JERICHO D. VENERACION

AND LORELEI A. VENERACION,
Respondents-Mortgagors.

X--------------------------------------------X

PETITION

COMES NOW, the Petitioner-Mortgagee, unto this Honorable

Office, most respectfully avers:

1. That Manuel Morales, Filipino, single, of legal age and a

resident of No. 35 Montinola Compound, Baguio City,
hereinafter referred to as the Petitioner-Mortgagee;

2. Spouses JERICHO D. VENERACION AND LORELEI A.

VENERACION, Filipinos, both of legal age, and are residents of
Zone 1, Brgy. Licaoang, Science City of Munoz, herein
collectively referred to as the Respondents-Mortgagors;

3. On September 2015, Respondents-Mortgagors obtained a loan

from the Petitioner-Mortgagee in the amount of Two Million
Pesos, Philippine Currency;

4. The aforesaid loan was secured by a Promissory Note and Real

Estate Mortgage over a parcel of land covered bt TCT
 No.014299 by the Registry of Deeds of San Jose City and more
particularly described as follows to wit:

Tax Declaration 2014-07-0021-00023

A parcel of land situated in Pagdalagan Sur, Bauang, La

Union designated as Lot 3577-B-2-A. Assessed at Php26,310.00
and declared under the name of Juvy F. Andres.

Attached hereto are copies of the Real Estate Mortgage

appearing in the Notarial Registry Book of Atty. Juan dela Cruz
and Transfer Certificate of Title 193840-0 by the Registry of
Deeds of San Jose City as Annexes “A” and “B”, respectively
and made as integral parts hereof;

5. The mortgage shall be for a period of two (2) months from the
time of the execution of the Mortgage or up to 25 November
2019 with an agreed interest, damages, cost of collection in
case of non-payment;

6. The said Real Estate Mortgage had been duly registered in the
Registry of Deeds for San Jose City;

7. In case of breach of any conditions indicated in the mortgage

such as non-payment of the obligation on time, the
Respondents-Mortgagors specifically authorized the Petitioner-
Mortgagee to extra-judicially foreclose the above described
property, through a Sheriff or Notary Public of San Jose City;

8. The Petitioner-Mortgagee has not consented nor do they know

of any second or subsequent mortgage constituted over the
subject property nor has the mortgagor and the mortgagee
varied the terms and conditions of the mortgage contract nor
postponed its fulfilment;

9. The terms and conditions of the Real Estate Mortgage were

violated when the Respondents-Mortgagors miserably failed to
pay her loan obligation despite demands for the payment of the
overdue obligation, wherein the Notice to Foreclosure was
received by Rosario Veneracion-the mother of respondent-
Jericho Veneracion on August 1, 2019. Prior thereto however,
several verbal demands were made but, the respondents-
mortgagors failed to pay her loan obligation;
 Attached hereto is a copy of the Notice To Foreclosure which
was received by Rosario D. Veneracion as Annex “C” and made
as an integral part hereof.

10. Thus, the Petitioner-Mortgagee is left with no other recourse

other than to Extra-judicially foreclose the Mortgage, through
the Office of the Ex-Officio Sheriff, as a result of the non-
payment of the said mortgage indebtedness;

11. As of today, the total mortgage debt of the Respondents-

Mortgagors is TWO MILLION PESOS, Philippine Currency,
excluding the accrued interest, attorney’s fees and expenses for
the Foreclosure Sale which is not less than ONE HUNDRED
PESOS (Php100,000.00)

PRAYER

WHEREFORE, in view of the foregoing and pursuant to the

Real Estate Mortgage, which confers upon the mortgagee the power
to extra-judicially foreclose the above-mentioned property and to sell
the same at public auction, it is most respectfully prayed of the
Honorable Executive Judge:

a. To grant this petition;

b. To ALLOW the EXTRA-JUDICIAL FORECLOSURE of the
abovementioned property through the Office of the Ex-
Officio Sheriff, in order to satisfy the indebtedness of the
mortgage; and
c. Other reliefs just and equitable under the premises are
likewise prayed for.

Baguio City to Bauang, La Union

13 August 2018.

MANUEL R. MORALES
Petitioner-Mortgagee
 VERIFICATION & CERTIFICATION

I, CECILIA G. NALDA, under oath, depose and say:

1. That I am the petitioner of this petition, I caused the preparation and

filing of this petition, and I have read the contents thereof to be true and
correct and based on authentic documents;

2. That I hereby certify that I have not 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, I shall report that fact within five (5) days
therefrom to the court wherein my aforesaid complaint or initiatory pleading
has been filed.

___________________
CECILIA G. NALDA
Petitioner/Affiant

SUBSCRIBED AND SWORN to before me this 20 January 2015 in

Tacloban City, Leyte, Petitioner/Affiant who is personally known to me and
personally signed this document in my presence and affirmed that the same is
her free and voluntary act and deed.