REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
Branch ____
Makati City
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IN
RE: PETITION
FOR ISSUANCE OF WRIT OF POSSESSION OVER REAL PROPERTY COVERED BY TRANSFER
CERTIFICATE OF TITLE
NO. 100-201367890 OF THE
REGISTRY OF DEEDS FOR MAKATI CITY
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LRC Case
No. _____________
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AAA,
Petitioner.
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EX-PARTE
PETITION
FOR ISSUANCE OF WRIT OF POSSESSION
COMES NOW the Petitioner, by and through the
undersigned counsel, and unto this Honorable Court, respectfully alleges that;
1. The Petitioner, AAA, of legal age, Filipino and a resident of Block 11 Lot 12,
Chocolate Village, Makati City, where it may be served with court processes;
2. SPS
XXX and YYY, both Filipino, of legal age and with residence at No. 143 Lovingly
Avenue, Barangay Kalayaan, Makati City, obtained a loan from the
Petitioner in the amount of THREE MILLION PESOS (Php 3,000,000.00);
3. To secure the prompt payment of the said
loan, SPS XXX and YYY executed a
Real Estate Mortgage in favor of the Petitioner over a parcel of land together
with all the improvements thereon, identified as Lot 39 Block 5 of the subd. Plan Pcs-20-000123, situated in Barangay
Kalayaan, Makati City, covered then by Transfer Certificate of
Title No. T-123456 issued by the Registry of Deeds for Makati City, a copy of
the aforesaid Real Estate Mortgage dated 18 January 2008 is hereto attached and
made an integral part hereon as Annex “A;
4. The
said borrowers/mortgagors failed to
pay the aforesaid loan pursuant to the terms of the loan agreement), and
notwithstanding demands for payment, they failed and refused to pay the
Petitioner the aforesaid loan, which became past due;
5. As a consequence of the failure and refusal
of the said borrowers/mortgagors to pay
their past due loan, the Petitioner instituted an extra-judicial foreclosure
proceeding against the Real Estate Mortgage and caused the sale at public
auction pursuant to Act No. 3135, as amended, of the aforesaid mortgaged
property, which was sold to the herein Petitioner as the highest bidder, and
subsequently the corresponding Certificate of Sale was issued in its
favor, a copy of said Certificate
of Sale dated 19 October 2011, is here on attached as Annex ”B”;
6. The said Certificate of Sale (Annex “B”) was duly registered with the
Registry of Deeds for Makati City on 13 November 2011;
7. The said borrowers/mortgagors failed to
redeem the property within the redemption period or within one (1) year from
the date of the registration of the Certificate of Sale; hence, the Petitioner,
consolidated its ownership of the subject property by executing and filing with
the Registry of Deeds for Makati City an Affidavit of Consolidation of
Ownership dated 18 December 2012, a copy of which is hereto attached as Annex “C”;
8. Consequently, Transfer Certificate of
Title No. T-123456 covering the subject property in the name of the
borrowers/mortgagors was cancelled and in lieu thereof, Transfer Certificate of
Title No. 100-201367890 in the name
of the herein Petitioner was issued by the Registry of Deeds for Makati City on
14 February 2013, a copy of the said TCT No. 100-201367890 is hereto attached as Annex “D”;
9. That in a Letter dated 18 June 2013,
demand was made upon the said borrowers/mortgagors SPS XXX and YYY to vacate the subject property and to turn over
actual possession thereof to the herein Petitioner, but said spouses failed and
refused to comply with the said demand to the prejudice of the Petitioner, a
copy of the demand letter is hereto attached as Annex “ E ”;
10. The Honorable Court has the power and
authority, upon ex-parte application of the Petitioner, as purchaser and owner
of the aforesaid property, to issue a writ of possession to give the Petitioner
actual possession thereof;
11. In the case of Nagtalon vs. United Coconut
Planters Bank, G.R. No. 172504, July
31, 2013 the Supreme Court held:
“We have long
recognized the rule that once title to the property has been consolidated in the
buyer’s name upon failure of the mortgagor to redeem the property within the
one-year redemption period, the writ of possession becomes a matter of right
belonging to the buyer. Consequently, the buyer can demand possession of the
property at anytime. Its right to possession has then ripened into the right of
a confirmed absolute owner and the issuance of the writ becomes a
ministerial function that does not admit of the exercise of the court’s
discretion.”
PRAYER
WHEREFORE, premises considered, it is
respectfully prayed of this Honorable Court that a Writ of Possession be issued
directing the Sheriff of the Honorable Court
to place the herein Petitioner in actual possession of the said
foreclosed real property identified as Lot
39 Block 5 of the subd. Plan Pcs-20-000123, situated in Barangay
Kalayaan, Makati City, together with all the improvements
existing thereon, covered
previously by Transfer Certificate of
Title No. T-123456, now by Transfer Certificate of Title No. 100-201367890 in the name of the
Petitioner, and to eject therefrom the borrowers/mortgagors SPS XXX and YYY and/or all persons
occupying the same and claiming rights under them or under their authority.
Other
reliefs just and equitable under the
premises are likewise being prayed
for.
RESPECTFULLY SUBMITTED. Makati City, 10
October 2014.
ATTY. MMM
123 Hope St., Caramel Village, Makati City
Contact No. 02-8118990
IBP No. 9111189 / 01-15-2014 / Makati City
PTR No. 8212135 / 01-15-2014/ Makati City
Roll of Attorney’s No. 80527
MCLE Compliance No. V-0054010
Republic of the Philippines )
Makati City ) S.S.
VERIFICATION WITH CERTIFICATION OF
NON-FORUM SHOPPING
I, AAA, of legal age, married and with
office and postal address at Block 11
Lot 12, Chocolate Village, Makati City, after having been duly sworn to
in accordance with law do hereby depose and state that:
1.
I
am the Petitioner in the above-entitled case;
2.
I
have caused the preparation of the foregoing Petition and that the allegations
therein are true and correct of my own personal knowledge based on authentic
documents on record;
3.
I
have not heretofore commenced any other action or proceeding involving the same
issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency
as are raised in this case;
4.
To
the best of my knowledge, no such action or proceeding is pending in the
Supreme Court, the Court of Appeals or any tribunal or agency; and
5.
If
I should thereafter be aware or 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 will undertake to report this fact within five (5)
days there from to this Court.
JURAT
SUBSCRIBED
AND SWORN
to before me this ____________________, affiant, personally appeared and exhibited to me his LTO Driver’s License No.
N02-12-123456 issued on 18 June 2014 in Quezon City, Philippines.
NOTARY
PUBLIC
Doc. No. _____;
Page No. _____;
Book No._____;
Series of 2014.
