Republic of the Philippines
Supreme Court
REGIONAL TRIAL COURT OF BATAAN
Third Judicial Region
Branch 7
Balanga City, Bataan

RURAL BANK OF BACOLOR, INC.
Plaintiff,

THELMA RODRIGUEZ
Defendant.

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SUMMONS BY PUBLICATION

TO: THELMA RODRIGUEZ
Agua travel and Tours
2^nd Flr Midtown Ramada Hotel
Ermita, Manila
(last known address)

GREETINGS:

WHEREAS on 4 September 2008 the above-named plaintiff filed a verified petition for Judicial Foreclosure.

WHEREAS on 10 December 2008 the Court issued an Order that summons be served upon the defendant by publication in a newspaper of general circulation.

NOW THEREFORE, you defendant THELMA RODRIGUEZ, is hereby summoned and required to file with this court your Answer or any responsive pleading to the petition to herein plaintiff within sixty (60) days after the publication of this Summons and the copy of the petition serving thereof upon the plaintiff, RURAL BANK OF BACOLOR with business address at Tita’s Building, Gemsville, Dolores City of San Fernando, Pampanga.

Let this Summons as well as the Petition be published by the plaintiff and at its expense in a newspaper of general circulation and likewise to deliver a copy of the same as well as the petition with postage prepaid and by registered mail addressed to the said defendant at her last known address.

WITNESS THE HON. MANUEL M. TAN. Presiding Judge of this Court this 27th day of February 2009.

Republic of the Philippines
Regional Trial Court
Third Judicial Region
Balanga City, Bataan

RURAL BANK OF BACOLOR, INC.,
Plaintiff,

THELMA RODRIGUEZ,
Defendant.

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COMPLAINT

COMES NOW, the Plaintiff, by the undersigned counsel, to this Honorable Court, most respectfully states that ---

1. Plaintiff is a banking institution existing under and by virtue of Republic Act 720, as amended, represented herein by its President/Manager, Mary Lynn C. Naguit, of legal age, Filipino citizen, married and a resident at St. Francis Village, Dolores, City of San Fernando, Pampanga. Plaintiff is amenable to be served with orders, notices, processes, decision and other writs of this Honorable Court at its office at Tita’s Building, Gemsville, Dolores, City of San Fernando, Pampanga.

2. Defendant is of legal age, single, Filipino citizen and may be served with orders, notices, processes, decision and other writs of this Honorable Court at Agua Travel and Tours at Second Floor, Midtown Ramada Hotel, Ermita, Manila.

   CAUSE/S OF ACTION

3. On the 11th day of March 1999, Defendant executed in favor of Plaintiff a Real Estate Mortgage Agreement conveying by way of mortgage a parcel of land, including all the improvements thereon, which is particularly described in and covered by transfer Certificate of Title No. T-193575 of the Registry of Deeds for the Province of Bataan, which parcel of land is more particularly described as follows--

   A parcel of land (Lot 387-B-5-C of the Subd. Plan psd-03-0383336, being a portion of Lot 387-B-5 Psd 03-021045, L.R.C. Rec. Nio. 315), situated in the Bo. of Tugatog, Mun. of Orani, Province of Bataan. x x x containing an area of THREE THOUSAND SIX HUNDRED NINETY SIX (3,696) square meters. x x x

   Photocopies of the said Real Estate Mortgage Agreement and title are hereto attached and made as integral parts hereof as ANNEXES “A” and “B”, respectively.

4. The Real Estate Mortgage Agreement was executed by the Defendant in favor of the Plaintiff to secure the prompt and due payment and performance of any and all loan obligations for which the Defendant may be bound to the Plaintiff under and by virtue of a Promissory Note executed by the Defendant in favor of the Plaintiff.

5. The Real Estate Mortgage Agreement, dated March 11, 1999, was duly registered in the Office of the Registry of Deeds for the Province of Bataan, as evidenced by Entry No. 386922 which is annotated on the dorsal portion of Transfer Certificate of Title No. T-193575.

6. Thereafter, the Defendant renewed her loan several times, the last of which was in December 6, 2000, for which she executed a new Promissory Note. Application for Loan and Disclosure Statement on Loan/Credit Transaction, copies of which are hereto attached and made as integral parts hereof as "ANNEXES "C", "D" and "E".

7. The terms and conditions of the mortgage agreement have been violated when the Defendant failed and/or refused to pay, notwithstanding repeated demands, the maturity amount of the mortgage obligation and all interests and penalty due thereon. Copies of the Demand Letters sent to the Defendant, respectively dated August 30, 2001 and February 8, 2002, the corresponding registry receipts and return cards are hereto attached and made as integral parts hereof as ANNEXES "F", "F-1","F-2","G", "G-1" and "G-2".

8. Under the terms and conditions of the Real Estate Mortgage Agreement, in the event the Defendant fails and/or refuses to pay the mortgage obligations as well as the other obligations secured by the mortgage or any portion thereof when due, the Plaintiff may foreclose the same judicially.

9. The period stipulated in the last Promissory Note executed by the Defendant, which is an integral part of the Real Estate Mortgage Agreement, within which the Defendant has to pay and perform the mortgage obligation, as well as its other obligations secured by the mortgage, have not been extended. The conditions contained therein have not been altered, modified or changed, expressly or impliedly, but were instead ratified and confirmed by the Defendant and still remain to be in full force and effect.

10. Based on the personal knowledge of Plaintiff and as borne out by authentic records, the mortgaged property is not subject to any subsequent mortgage or lien whatsoever and are now in the possession of the Defendant and/or third persons authorized by the latter.

11. By the terms of the Real Estate Mortgage Agreement, the Defendant is indebted to the Petitioner-Mortgagee in the total amount of SIX MILLION SIX HUNDRED NINE THOUSAND FIVE HUNDRED THIRTY THREE PESOS AND SEVENTY CENTAVOS (PhP6,609,533.70), inclusive of past due interest and penalties as of June 30, 2008 as well as attorney’s fees, which the Defendant has agreed to pay in the event of foreclosure, in a sum equivalent to ten percent (10%) of all amount due.

    
    
    
    

    PRAYERS

    WHEREFORE, Plaintiff most respectfully prays that, after hearing, judgment be rendered ORDERING Defendant to pay the total amount of SIX MILLION SIX HUNDRED NINE THOUSAND FIVE HUNDRED THIRTY THREE PESOS AND SEVENTY CENTAVOS(PhP6,609,533.70), plus interests, penalties, attorney’s fees and other litigation expenses, computed from the date of judicial demand, to the Plaintiff or to this Honorable Court in accordance with rule 68 of the rules of Court.

    Should the Defendant fail to pay the sum so found due by this Honorable Court within the period provided in Rule 68 of the Rules of Court, it is likewise prayed that the real property described in the Real Estate Mortgage Agreement, dated March 11, 1999, covered by Transfer Certificate of Title No. T-193575 of the Registry of Deeds for the Province of Bataan, be sold in the manner and under the provisions of Rule 39 and other regulations governing sales of real estate under execution.

    City of San Fernando, Pampanga for Balanga, Bataan, July 29, 2008.

    
    
    

    MAGALANG LAGMAN & MAGALANG Law Office #145 1st Street, Dolores Homesite, Dolores City of San Fernando, Pampanga Counsel for Plaintiff By: PETER PAUL S. MAGLALANG PTR No. 5148179(1-2-08) IBP O.R. No.692062 (1-2-08) Both at San Fernando, Pampanga Attorney’s Roll No. 43983 MCLE Compliance No. II-0008460

    
    
    
    

    VERIFICATION AND CERTIFICATION
    AGAINST FORUM SHOPPING

    I, MARY LYNN C. NAGUIT, of legal age and under oath, hereby depose and state that:

    I am the duly authorized representative of the Plaintiff in the above-entitled case;

    I caused the preparation of the Complaint and the filing of the above-entitled case;

    I have read the allegations contained therein and have understood the same;

    All such allegations are true and correct based on my personal knowledge and as borne out by the documentary annexes thereto attached;

    I have not commenced any other action involving the same issues in the Supreme Court, the Court of Appeals or different divisions thereof, or any other tribunal or agency;

    To my personal knowledge, no such action or proceeding is pending in the Supreme Court, Court of Appeals or any other court, tribunal or agency;

    I hereby undertake to notify this Honorable Court within five (5) days from notice should I learn that a similar action or proceeding has been filed or is pending before the Supreme Court, Court of Appeals or any other court, tribunal or agency.

    
    

    MARY LYNN C. NAGUIT

    On this 29th day of July 2008, at the City of San Fernando, Pampanga, the above-named affiant, who is personally known to me appeared before me, affixed her signature on this document in my presence, and she avowed under penalty of law to the whole truth of the contents of the same.