[Court]

[Region]
[COURT]
[City], [Branch No.]

[NAME]__________,
Plaintiff,
Civil Case No. ___________
- versus -

[NAME]__________,
Defendant.
x ----------------------------------- x

PETITION FOR
ISSUANCE OF A WRIT OF POSSESSION

PLAINTIFF, by counsel, respectfully states that:

1. State the relevant facts showing plaintiff’s right or claim over the property
sought to be possessed., i.e., plaintiff was the highest bidder in the auction
sale of the property held on (date) and was issued a Certificate of Sale
[attach copy of Certificate of Sale as Annex]

2. State description of the property including location of the property to

establish jurisdiction of the Court to issue the writ. The petition is filed with
the regional trial court of the province or place where the property or any
part thereof is situated.

3. If a bond is required, state material facts to show compliance with the

requirement for issuance of a bond in an amount equivalent to the use of the
property for a period of twelve months [attach supporting documents as
Annex]

A bond is required if possession is sought during the redemption period.

However, if the redemption period has lapsed, the title over the property is
already deemed consolidated in favor of the purchaser-applicant and a bond
is no longer necessary.

Section 7 of Act No. 3135, as amended by Act No. 4118, provides:

SEC. 7. In any sale made under the provisions of this Act, the purchaser may
petition the Court of First Instance of the province or place where the
property or any part thereof is situated, to give him possession thereof during
the redemption period, furnishing bond in an amount equivalent to the use of
the property for a period of twelve months, to indemnify the debtor in case it
be shown that the sale was made without violating the mortgage or without
complying with the requirements of [this] Act. Such petition shall be made
under oath and filed in form of an ex parte motion x x x and the court shall,
upon approval of the bond, order that a writ of possession issue, addressed to
 the sheriff of the province in which the property is situated, who shall execute
said order immediately.

WHEREFORE, it is respectfully prayed that the Honorable Court issue a writ of

possession commanding the Sheriff to forthwith deliver the possession of the above
described property to petitioner.

[CITY] ___________; [DATE] _________________________.

[SIGNATURE]
[NAME OF COUNSEL]
___________
Counsel for Petitioner
[ADDRESS] ______________

VERIFICATION

I, ___________________________________, the petitioner, hereby certify that the

allegations herein are true and correct to the best of my knowledge and belief.

___________________________________
Signature over printed name of petitioner

SUBSCRIBED AND SWORN TO before me in the City of _______________ on

this day of [MONTH AND YEAR]_________________, affiant exhibiting before me his
Government Issued ID no. _______________ issued on
[DATE]__________________ at [PLACE OF ISSUANCE]_____________________.

[SIGNATURE]
[NAME]_______
Notary Public

Until
[DATE]__________________
PTR No. [NUMBER] ____________
Issued at
[PLACE]______________
On [DATE]
___________________

Doc. No.
Page No.
Book No.
Series of [YEAR] ___________