Republic of the Philippines

National Capital Judicial Region

 METROPOLITAN TRIAL COURT
Branch LXIII (63)
Makati City

Pedro Sanchez
Plaintiff,

- versus -                                                                

Juan Santiago,
Defendant.
x-------------------------------------------x

Civil Case No 546578

                                              

EX-PARTE PETITION
FOR ISSUANCE OF WRIT OF POSSESSION
COMES NOW the Petitioner, by and through the undersigned counsel, and unto this Honorable Court,
respectfully alleges that;

1. The Petitioner, AAA, of legal age, Filipino and a resident of Block 11 Lot 12, Chocolate Village,
Makati City, where it may be served with court processes;
2. SPS XXX and YYY, both Filipino, of legal age and with residence at No. 143 Lovingly Avenue,
Barangay Kalayaan, Makati City, obtained a loan from the Petitioner  in the amount of THREE
MILLION PESOS (Php 3,000,000.00);
          3.      To secure the prompt payment of the said loan, SPS XXX and YYY executed a Real Estate
Mortgage in favor of the Petitioner over a parcel of land together with all the improvements thereon,
identified as Lot 39 Block 5 of the subd. Plan Pcs-20-000123, situated in Barangay Kalayaan, Makati
City, covered then by Transfer Certificate of Title No. T-123456 issued by the Registry of Deeds for
Makati City, a copy of the aforesaid Real Estate Mortgage dated 18 January 2008 is hereto attached and
made an  integral part hereon as Annex “A; 
4.      The said borrowers/mortgagors failed to pay the aforesaid loan pursuant to the terms of the loan
agreement), and notwithstanding demands for payment, they failed and refused to pay the Petitioner the
aforesaid loan, which became past due;
5.      As a consequence of the failure and refusal of the said borrowers/mortgagors  to pay their past due
loan, the Petitioner instituted an extra-judicial foreclosure proceeding against the Real Estate Mortgage
and caused the sale at public auction pursuant to Act No. 3135, as amended, of the aforesaid mortgaged
property, which was sold to the herein Petitioner as the highest bidder, and subsequently the
corresponding Certificate of Sale was issued  in  its favor, a copy  of said  Certificate  of Sale dated 19
October 2011, is here on attached as Annex ”B”;
          6.      The said Certificate of Sale (Annex “B”) was duly registered with the Registry of Deeds for
Makati City on 13 November 2011;
          7.      The said borrowers/mortgagors failed to redeem the property within the redemption period or
within one (1) year from the date of the registration of the Certificate of Sale; hence, the Petitioner,
consolidated its ownership of the subject property by executing and filing with the Registry of Deeds for
Makati City an Affidavit of Consolidation of Ownership dated 18 December 2012, a copy of which is
hereto attached as Annex “C”;
          8.      Consequently, Transfer Certificate of Title No. T-123456 covering the subject property in the
name of the borrowers/mortgagors was cancelled and in lieu thereof, Transfer Certificate of Title
No. 100-201367890 in the name of the herein Petitioner was issued by the Registry of Deeds for Makati
City on 14 February 2013, a copy of the said TCT No. 100-201367890 is hereto attached as Annex “D”;
9.      That in a Letter dated 18 June 2013, demand was made upon the said borrowers/mortgagors SPS
XXX and YYY to vacate the subject property and to turn over actual possession thereof to the herein
Petitioner, but said spouses failed and refused to comply with the said demand to the prejudice of the
Petitioner, a copy of the demand letter is hereto attached as Annex “ E ”;
10.    The Honorable Court has the power and authority, upon ex-parte application of the Petitioner, as
purchaser and owner of the aforesaid property, to issue a writ of possession to give the Petitioner actual
possession thereof;
          11.    In the case of Nagtalon vs. United Coconut Planters Bank, G.R. No. 172504, July 31,
2013 the Supreme Court held:

“We have long recognized the rule that once title to the property has been consolidated in the buyer’s
name upon failure of the mortgagor to redeem the property within the one-year redemption period, the
writ of possession becomes a matter of right belonging to the buyer. Consequently, the buyer can demand
possession of the property at anytime. Its right to possession has then ripened into the right of a
confirmed absolute owner and the issuance of the writ becomes a ministerial function that does not admit
of the exercise of the court’s discretion.”

PRAYER
WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court that a Writ of
Possession be issued directing the Sheriff of the Honorable Court  to place the herein Petitioner in actual
possession of the said foreclosed real property identified as Lot 39 Block 5 of the subd. Plan Pcs-20-
000123, situated in Barangay Kalayaan, Makati City, together with all the   improvements  existing 
thereon, covered previously by  Transfer Certificate of Title No. T-123456, now by Transfer Certificate
of Title No. 100-201367890 in the name of the Petitioner, and to eject therefrom the
borrowers/mortgagors SPS XXX and YYY and/or all persons occupying the same and claiming rights
under them or under their authority.
         
          Other reliefs just and equitable under the  premises  are likewise being prayed for.

          RESPECTFULLY SUBMITTED. Makati City, 10 October 2014.

ATTY. MMM
123 Hope St., Caramel Village, Makati City
Contact No. 02-8118990
IBP No. 9111189 / 01-15-2014 / Makati City
PTR No. 8212135 / 01-15-2014/ Makati City
Roll of Attorney’s No. 80527
MCLE Compliance No. V-0054010

Republic of the Philippines )

Makati  City  ) S.S.

VERIFICATION WITH CERTIFICATION OF

NON-FORUM SHOPPING
          I, AAA, of legal age, married and with office and postal address at Block 11 Lot 12, Chocolate
Village, Makati City, after having been duly sworn to in accordance with law do hereby depose and state
that:                                  
1.  I am the Petitioner in the above-entitled case;
2.  I have caused the preparation of the foregoing Petition and that the allegations therein are true and
correct of my own personal knowledge based on authentic documents on record;
3. I have not heretofore commenced any other action or proceeding involving the same issues in the
Supreme Court, the Court of Appeals, or any other tribunal or agency as are raised in this case;
4. To the best of my knowledge, no such action or proceeding is pending in the Supreme Court, the Court
of Appeals or any tribunal or agency; and
5.  If I should thereafter be aware or learn that a similar action or proceeding has been filed or is pending
before the Supreme Court, the Court of Appeals or any other tribunal or agency, I will undertake to report
this fact within five (5) days there from to this Court.

NOTARY PUBLIC                            
                                                                            
Doc. No. _____;
Page No. _____;
Book No._____;
Series of 2014.