\nCOMES \nNOW,<\/b> the Petitioner by Counsel and unto this Honorable Court respectfully \nstates:<\/span><\/span><\/div>\n
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\n1. Petitioner is a domestic corporation, duly \nregistered with Securities and Exchange Commission, with office address at Unit 101 Roseland Building, Banahaw \nAvenue, Quezon C<\/u><\/b>ity, where it may be serve with court\u2019s orders, \nnotices, decisions, summons and other court\u2019s processes while Defendants are \nwith legal capacity and with residence address at 123 Kalayaan Avenue, Quezon \nCity, where they may be serve with summons, orders, notices, notices and other \ncourt\u2019s processes;<\/span><\/span><\/div>\n
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\n2. Defendants are the registered owners of a \nparcel of land located in Quezon City, covered by TCT No. 45678<\/u> <\/b>of the Registry of Deeds for Quezon City, <\/b>containing \nan area of 800 square meters<\/u><\/b>, more or less, copy of which is \nhereto attached as Annex \u201cA\u201d<\/b>;<\/span><\/span><\/div>\n
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\n3. The said property of the defendants was \nmortgaged to the herein Petitioner sometime in July 2005 to secure the mortgage \nobligation of XXX X XXX, with the petitioner in the amount of One Million \nPesos (P1,000,000.00)<\/b>, copy of the Real Estate Mortgage is hereto attached \nas Annex \u201cB\u201d<\/b> and made integral \npart hereof;<\/span><\/span><\/div>\n
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\n4. Upon default in the payment of the \nmortgage obligation by the mortgagors XXX X XXX to herein petitioner, the same \nproperty was foreclosed and a sheriff Certificate of Sale was issued on July \n16, 2012 in favor of the petitioner as shown in the Entry No. 201255-23-345 <\/b>inscribed \nat the back of TCT No. 45678 Registry of Deeds for Quezon City;<\/span><\/span><\/div>\n
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\n5. The petitioner was able to register the \nhighest bid for the said property in the amount of P1,900,000.00;<\/span><\/span><\/div>\n
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\n6. On 19 October 2013, the petitioner \nconsolidated the ownership of the said property in its favor by executing an \naffidavit of consolidation as per Entry No. 2345-678<\/b> dated 13 November \n2013 shown at the back of TCT No. 45678;<\/span><\/span><\/div>\n
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\n7. On February 16, 2014, the petitioner \nrequested the defendants to voluntarily execute a Deed of Partition<\/b> over \nthe said property covered by TCT No. 45678 but despite of which, the latter \nfailed and refused to do so, copy of which is hereto attached as Annex \u201cC\u201d<\/b> \nand made integral part hereof;<\/span><\/span><\/div>\n
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\n8. Forced to litigate, the petitioner was \nconstrained to engaged the services of a counsel for a fee of P50,000.00 by way \nof attorney\u2019s fees and expenses per court appearance in the amount of P4,000.00 \nfor which the defendants should be held liable and the same must be paid to the \nPetitioner;<\/span><\/span><\/div>\n
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\nPRAYER<\/span><\/span><\/u><\/b><\/div>\n
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\nWHEREFORE<\/b>, \npremises considered, it is most respectfully prayed of the Honorable Court that \nafter due hearing, a decision be rendered in favor of the petitioner and \nagainst herein defendants, as follows:<\/span><\/span><\/div>\n
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\n1. Ordering the defendants to execute a Deed \nof Partition over TCT No. 45678 of the Registry of Deeds for Quezon City, \ndividing the property covered thereof into two equal shares, one-half (\u00bd ) \nthereof goes to the Petitioner and the other half goes to the Defendants. In \ncase of unjust refusal of the respondents, the Branch Clerk of Court of this \nHonorable Court be authorized to execute the said Deed of Partition of Real \nProperty;<\/span><\/span><\/div>\n
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\n2. Ordering the Respondents to pay the sum of \nP50,000.00 by way of attorney\u2019s fees and the expenses incurred in the filing of \nthis suit and its prosecution;<\/span><\/span><\/div>\n
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\n3. To pay the cost of the suit.<\/span><\/span><\/div>\n
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\n Such \nother reliefs and remedies deemed just and equitable under the premises are \nlikewise prayed for.<\/span><\/span><\/div>\n
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\nManila for Quezon City, October 19, 2014.<\/span><\/span><\/div>\n
\nVERIFICATION WITH CERTIFICATION OF NON-FORUM \nSHOPPING<\/span><\/span><\/h1>\n
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\nI, AAA A AAA<\/u>,<\/b> of legal age, \nmarried with office and corporate address at _______________________________<\/b>, after having been duly sworn to in \naccordance with law hereby deposes and states that:<\/span><\/span><\/div>\n
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\n1. \n<\/span><\/span>I \nam the duly authorized representative of BBB Corporation, as evidenced in the \nSecretary\u2019s Certificate dated ____________. (Annex \u201cD\u201d);<\/b><\/span><\/span><\/div>\n
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\n2. \n<\/span><\/span>I \ncaused the preparation of the foregoing \nPetition, read and understood the contents thereof, and hereby attests that the \nsame are true and correct of his own knowledge and from available authentic \ndocuments in the possession of the Corporation;<\/span><\/span><\/div>\n
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\n3. \n<\/span><\/span>I \ncertify that Plaintiff has not commenced any action involving the same issues \nbefore the Supreme Court, Court of Appeals, or other quasi-judicial body, that \nto the best of his knowledge no such action is pending before said court, \ntribunal or agency, and that should he learns thereafter of the pendency of any \nsuch similar action, he undertakes to report the same to this Court in five (5) \ndays from notice.<\/span><\/span><\/div>\n