Republic of the Philippines

Supreme Court
Third Judicial Region
Regional Trial Court
Office of the Executive Judge through the
Office of the Clerk of Court as Ex-Officio Sheriff
City of San Fernando, Pampanga

Banco Mexico Inc.

(formerly Rural Bank of
Mexico, Inc.), Represented
herein by Eden G. Pascual,,
Petitioner- Mortgagee

EJF NO. ______________

- versus - For:“Extra-Judicial Foreclosure
of Mortgage Under Act 3135,
As Amended”

Victorina Fontanilla,
Respondent-Mortgagor
x----------------------------------x

PETITION

Petitioner-Mortgagee, assisted by the undersigned counsel,

respectfully alleges:

1. Petitioner-Mortgagee is a domestic banking institution duly

organized and existing under Philippine laws with main office at GSO
National Road, Parian, Mexico, Pampanga. It is represented in this
case by Eden G. Pascual by virtue of a Board Resolution and
Secretary’s Certificate;

A copy of the Secretary’s Certificate is hereto attached as

Annex “A”;

2. Defendant is a Filipino, and with residence and postal

address at Fontanilla Compound, Calulut, City of San Fernando,
Pampanga;

3. On May 02, 2017, mortgagor obtained a loan from

mortgagee in the amount of Seven Hundred Thousand Pesos (Php
700,000.00), payable in twenty five (25) monthly installments, the
same being due on April 22, 2019 as per Promissory Note dated May
02, 2017;
 A copy of the Promissory Note together with its annexes
is hereto attached as Annex “B and series”;

4. The parties agreed that mortgagor should pay interest at the

rate of 15% per annum plus a penalty of 24% percent per annum in
case of delay in the payments when they fall due;

5. As a security for the payment of the aforesaid loan, the

parties executed a Real Estate Mortgage dated _______________
over the following parcels of land:

TRANSFER CERFIFICATE OF TITLE NO.

708969-R

“A PARCEL OF LAND (LOT 8-A, OF THE SUBD. PLAN,

PSD-03-176842, BEING A PORTION OR LOT 8, BLK. 1, PSD-
03-16907, L.R.C. REC. NO.), SITUATED IN BO. SAN
MIGUEL, MUN. OF MEXICO, PROV. OF PAMPANGA. x x x
CONTAINING AN AREA OF SIXTY (60) SQ. METERS. MORE
OR LESS”

Registered in the name of Sps. Benjamin D. Fontanilla &

Victorina B. Fontanilla.

TRANSFER CERFIFICATE OF TITLE NO.

042-2017004168

“LOT NO: 1-A-5-B-2 PLAN NO: (LRA) PSD-E2016006702

PORTION OF: LOT 1-A-5-B, PSD-03-124442;
L.R.A. (CLR) RECORD NO. 5802
LOCATION: BO. OF CALULUT, MUNICIPALITY. OF SAN
FERNANDO, PROVINCE OF PAMPANGA
AREA: ONE HUNDRED FIFTY SQUARE METERS (150),
MORE OR LESS”

TRANSFER CERFIFICATE OF TITLE NO.

042-2017004169

“LOT NO: 1-A-5-B-1 PLAN NO: (LRA) PSD-E2016006702

PORTION OF: LOT 1-A-5-B, PSD-03-124442;
L.R.A. (CLR) RECORD NO. 5802
LOCATION: BO. OF CALULUT, MUNICIPALITY. OF SAN
FERNANDO, PROVINCE OF PAMPANGA
AREA: NINETY NINE SQUARE METERS (99), MORE OR
LESS”
 Both registered in the name of Cristine Joy B. Fontanilla
who authorized Victorina B. Fontanilla to sell and to mortgage
said property through a Special Power of Attorney annotated on
both titles as Entry No. 2017006895 on April 26, 2017.

A copy of the Real Estate Mortgage is hereto attached as

Annex “C”;
A copy of the Transfer Certificate of Title No.708969-R is
hereto attached as Annex “D”
A copy of the Transfer Certificate of Title No. 042-
2017004168 is hereto attached as Annex “E”
A copy of the Transfer Certificate of Title No. 042-
2017004169 is hereto attached as Annex “F”

6. The condition of said mortgage as stated therein is such that

if mortgagor should fail to pay the amount in full, including the
interest, at maturity, mortgagor hereby authorizes mortgagee to extra-
judicially foreclose the property subject of the mortgage;

7. Unfortunately, mortgagor has not paid or caused to be paid

her monthly amortization since March 2018;

8. Several months have passed and the mortgagor still has not
paid; thus, mortgagee, through counsel, demanded payment in a
demand letter dated January 24, 2019;

A copy of the Demand Letter dated January 24, 2019 is

hereto attached as Annex “G”; while the corresponding LBC
Receipt is attached as Annex “G-1”;

9. Despite receipt, said initial demand obviously fell on deaf

ears. Then, mortgagee, through counsel, sent a final demand letter
dated March 11, 2019;

A copy of the Demand Letter dated March 11, 2019 is

hereto attached as Annex “H”; while the corresponding LBC
Receipt is attached as Annex “H-1”;

10. Still, mortgagor failed to pay her obligation and comply

with the promissory note and real estate mortgage;

11. As of January 31, 2020, the outstanding obligation of the

mortgagor including the principal, interests, and penalties stands at
Seven Hundred Ninety Thousand, One Hundred Sixty Seven
Pesos and Seventy Two Centavos (Php 790, 167.75);

A copy of the Statement of Account is hereto attached as

Annex “I”;
 12. WHEREFORE, mortgagee respectfully prays for the
extra-judicial foreclosure under Act 3135, as amended, of the
foregoing real properties including the improvements existing
thereon.

City of San Fernando, Pampanga, January 31, 2020.

Eden G. Pascual
Attorney-in-Fact of the Petitioner-Mortgagee

Assisted by:

Atty. Roniel D. Muñoz

Roll of Attorney No. 63074
PTR No. 6586743B, 01/14/2020
Paid IBP Dues at IBP (01/14/2020)
MCLE Compliance No. VI-0009993, 07/03/2018
Email Address: munozlawcentral@gmail.com
A.C. Benoza Law Office, Ground Floor,
DATA College Bldg., Capitol Blvd., Sto. Niño,
City of San Fernando, Pampanga
 VERIFICATION AND CERTIFICATION
OF NON-FORUM SHOPPING

I, Eden G. Pascual, of legal age, Filipino, married and with

residence and postal address at Mexico, Pampanga after having
been duly sworn to in accordance with law, hereby depose and state
that:

1. I am the representative of the petitioner-mortgagee in the

above entitled case;

2. I have caused the preparation of the foregoing and all

allegations contained therein are true and correct to the best of my
own knowledge and belief and/or based on authentic documents;

3. I have not therefore 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 there from to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this ____ day of January, 2020 in the City of San Fernando,
Pampanga.

Eden G. Pascual
Affiant

Subscribed and sworn to before me this __ day of January,

2020 in the City of San Fernando, Pampanga. Affiant personally
appeared before me and had exhibited a competent evidence of
identity. Affiant represented to me that the signature on this document
was voluntarily affixed for the purpose(s) stated herein, and avows
under penalty of law to the whole truth of the contents of the
document.