Republic of the Philippines
REGIONAL TRIAL COURT
10TH Judicial Region
Malaybalay City, Bukidnon
OFFICE CLERK OF COURT & EX-OFFICIO SHERIFF
BINOS LENDING CORPORATION - EJF No._____________
Valencia Branch
Represented in this act by:
MARISSA C. MONTOYA,
Petitioner-Mortgagee,
FOR: EXTRA-JUDICIAL
-versus-
FORECLOSURE OF REAL
VINANCIA P. LIZADA AND ESTATE MORTGAGE
ANTONIO A. LIZADA,
Represented by Attorney-in-
Fact MA. CONCEPCION L.
OMPOC,
Respondents- Mortgagors.
x------------------------------x
PETITION FOR EXTRA-JUDICIAL FORECLOSURE OF REAL ESTATE
MORTGAGE UNDER ACT. 3135, AS AMENDED BY ACT 4118
ATTENTION: THE CLERK OF COURT & EX-OFFICIO SHERIFF
We hereby deliver to you the annexed copy of a REAL ESTATE
MORTGAGE executed on November 24, 2016 by VINANCIA P. LIZADA AND
ANTONIO A. LIZADA represented by attorney-in-fact MA. CONCEPCION L.
OMPOC as MORTGAGORS, by virtue of the Special Power of Attorney of MA.
CONCEPCION L. OMPOC which is hereto attached as Annex “A” and residents
of P-3, Bangcud, Malaybalay City, Bukidnon, in favor of BINOS LENDING
CORPORATION-Valencia Branch as MORTGAGEE, with principal office
address at 2nd Floor, LYR Corporate Center, Dalisay Gante Road, Tagum City,
Davao del Norte, upon certain real properties described therein and for your
information we hereby state the following facts:
1) That the MORTGAGEE is duly represented in this act by MARISSA C.
MONTOYA by virtue of a Board Resolution of BINOS LENDING
CORPORATION-Valencia Branch. Hereto attached is the copy of
the aforementioned Board Resolution as Annex “B”;
2) That by virtue of the aforementioned MORTGAGE, the MORTGAGORS
acknowledged to be indebted to the MORTGAGEE in the loan value of
TWO HUNDRED TEN THOUSAND PESOS (PHP210,000.00),
Philippine currency, with interest thereon at 20% per annum. Hereto
attached is the copy of the Promissory Note as Annex “C”.
3) That, to guarantee the payment of said obligation and other
obligations arising thereunder, the MORTGAGORS through the same
instrument mortgaged in favor of the MORTGAGEE the real property
therein described, together with the improvements existing thereon,
situated in Bangcud, Malaybalay City, Bukidnon and covered by
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Original Certificate of Title No. P-66336, issued by the Register of
Deeds of Province of Bukidnon, more particularly describes as:
Original Certificate of Title No. P-66336:
Lot 2594-42 Csd-10-013690-D (IDENT. 40396 Cad 864)
TIE LINE: S 01-01 E : 18,027.37 m. from BLLM #1, Cad 864,
Malaybalay Cadastre to Corner 1 of Lot; T H E N C E :
LINE BEARING DISTANCE
1-2 N. 01 – 36 E 12.57 M.
2-3 S. 80 – 07 E 20.00 M.
3-4 S. 06 – 16 E 15.40 M.
4-5 N. 74 – 09 W 9.00 M.
5-1 N. 74 – 09 W 13.59 M.
AREA: TWO HUNDRED EIGHTY-SIX (286) SQUARE METERS
The machine copy of which are hereto attached as Annex
“D”.
4) That said MORTGAGE was duly registered in the Office of the Registry
of Deeds on February 28, 2017; Hereto attached is the copy of the
Real Estate Mortgage as Annex “E”
5) That up to the date of this petition, the MORTGAGORS have an unpaid
balance of FOUR HUNDRED THOUSAND PESOS (PHP400,000.00).
This amount includes interest, penalties, expenses, litigation and
atty’s fees. Hereto attached is the copy of the Statement of Account
as to be Annex “F”;
6) That the MORTGAGORS violated the terms of the Real Estate
Mortgage when they failed to settle their obligation as above-stated
after verbal and formal demands. Hereto attached forming part of
this petition as Annex “G” is the copy of the Demand Letter;
7) That under paragraph 3 of the MORTGAGE CONTRACT, the
MORTGAGORS agreed that in case it shall become necessary to
foreclose the MORTGAGE, the herein MORTGAGEE may proceed
extrajudicially in accordance with Act 3135, as amended by Act 4118,
availing himself/herself of the special power of attorney inserted
therein with express power of sale, for the satisfaction of all
outstanding obligations, including attorney’s fees and liquidated that
may then be due and remaining unpaid.
WHEREFORE, you are hereby requested to proceed, after due
publication in the manner provided by law, to sell the mortgaged property at
public auction for the satisfaction of all the outstanding obligations of the
MORTGAGORS under the aforementioned MORTGAGE in favor of the herein
MORTGAGEE, including the fees that may be due to your office for such
services rendered.
Malaybalay City, Bukidnon, Philippines, _______________.
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BINOS LENDING CORPORATION
Mortgagee
Represented by
MARISSA C. MONTOYA
Branch Manager
Assisted by:
DENNIS S. BOHOL
Roll No. 65383; TIN: 487-859-101
IBP OR No. 248572;10-11-2022 (CY 2023)
PTR No. 3312298; 01-03-2023; Tagum City
MCLE COMPLIANCE NO. VII-0011248 02-23-2022 Pasig City
Counsel’s Personal email address: [email protected]
[email protected]
Counsel’s Office Address: 2F CTC Business Center, Rizal Street,
Magugpo Poblacion, Tagum City, Davao del Norte
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Republic of the Philippines )
City of Tagum ) S.S.
x- - - - - - - - - - - - - - - - -x
VERIFICATION/CERTIFICATION
That I, MARISSA C. MONTOYA, of legal age, Filipino, married and a
resident of Valencia City, Bukidnon, Philippines, after having been duly sworn
to in accordance with law, depose and state the following:
That I am the Branch Manager and representative of BINOS LENDING
CORPORATION-Valencia Branch, Mortgagee in the above-entitled Petition
for foreclosure;
That I caused the preparation of the foregoing Petition for Extra-Judicial
Foreclosure of Real Estate Mortgage against VINANCIA P. LIZADA AND
ANTONIO A. LIZADA represented by attorney-in-fact MA. CONCEPCION L.
OMPOC and I have read the contents therein and the same are true and
correct to the best of my knowledge and authentic records;
That I have not heretofore commenced any action or proceeding
involving the same issues in the Supreme Court, the Court of Appeals, or any
other tribunal or agency;
That no such action or proceeding is pending in the Supreme Court, the
Court of Appeals or different Divisions thereof, or any other tribunal or agency;
That should I thereafter learn that a similar action or proceeding has
been filed or is pending before the Supreme Court, the Court of Appeals, or
different Divisions thereof, or any tribunal or agency, I will undertake to
promptly inform the aforesaid courts and such other tribunal or agency of that
fact within five (5) days therefrom.
IN WITNESS WHEREOF, I have hereunto set my hand this
___________________ in the Tagum City, Davao del Norte, Philippines.
MARISSA C. MONTOYA
Affiant
SUBSCRIBED AND SWORN TO before me this ________________________
in Tagum City, Davao del Norte, Philippines.
Doc. No.______
Page No. ______
Book No. ______
Series of 2023
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