Forclosure Macayba

Republic of the Philippines
OFFICE OF THE NOTARY PUBLIC

Baguio City
Re: PETITION FOR EXTRAJUDICIAL

FORECLOSURE OF REAL ESTATE
MORTGAGE EXECUTED BY RITA AKIA
a.k.a ARMIE AKIA married to Rafael Akia .
ARTHUR SILONG
Mortgagee/Petitioner
- versus –
RITA B. AKIA a.k.a. ARMIE AKIA

Married to RAFAEL AKIA.
Mortgagors/Respondents.
X :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: x
ATTY. BARTOLOME L. BALDAS, JR.

Notary Public
Baguio City
GREETINGS:
As the Mortgagee/Petitioner, may I respectfully deliver to you a copy (the same is

attached hereto as Annex “A”) of that Real Estate Mortgage executed by RITA B.
AKIAN, married to Rafael Akia, both of legal age, Filipino Citizens and with present
residence and postal address located at _______. the s/Respondents in the above-
entitled case in favor of Mortgagee, ARTHUR SILONG, herein represented by his
Attorney-in-fact, ________. The subject matter of said Real Estate Mortgage is that
parcel of land herein below described as follows, to wit:
“A parcel of land (Lot 26-A, of the subdivision plan (LRC) Psd-22431,

being a portion of Lot 18, Ts-39-Lot 26, Res. Sec. “L”, (SWO-32187), LRC
(GLRO) Record No. Civ. Res. No. 211), situated in the Res. Sec. “L”, City of
Baguio, Island of Luzon. Bounded on the SE., points 1 to 3 by Lot 26-B of
the subdivision plan; on the SW., points 3 to 4 by Parcel 19, Lot 27, Res. Sec.
“L”, Baguio Townsite; and on the NW., points 4 to 1 by Public Land.
Beginning at a point marked “1” on plan being N. 41 deg. 47’W., 1869.91 m.
from Triangulation Station “LIMESTONE”, Baguio Townsite, thence x x x x
x x x x x x x x x x x x x x x . Containing an area of TWO THOUSAND
NINE HUNDRED SIXTY SIX (2,966) SQUARE METERS, more or less. X
xxxxxxxxxxxxxxxxxxx .
Covered by Transfer Certificate of Title No. T-41664 of the records of the Office
of the Registry of Deeds for the City of Baguio City.”
A copy of the Tax Declaration of the residential building is hereto attached and
marked as Annex “B” and made integral part hereof;
The above-mentioned Real Estate Mortgage includes whatever right the

Mortgagor have over a 300 square meter parcel of land on which said residential building
is erected and all improvements found thereto. Likewise, a copy of the foregoing ARP
No. 96-6019-116663/016019-60369 is hereto attached as Annex “B” and is made a part
hereof;
-2-
The above-mentioned Real Estate Mortgage was executed by Florencia B.

Tabuzo in favor of undersigned to secure the payment of that loan amounting to ONE
HUNDRED TWENTY THOUSAND PESOS (P120,000.00), Philippine Currency, as of
September 13, 2001, the due date as agreed upon;
In view of the foregoing, may I respectfully request your good office to foreclose
said mortgage (Annex “A” hereof) pursuant to the provision of Act 3135 or the Real
Estate Mortgage Law as amended and in support thereof, it is hereby stated:
a. The terms and conditions of the aforesaid Real Estate Mortgage (Annex “A”
hereof) have never changed, or modified, whether tacitly or expressly, by any
agreement made after the execution thereof;
b. The principal obligation, including whatever interest thereof, have remain

unpaid despite repeated oral demands;
c. The principal indebtedness and/or obligation of the MORTGAGOR is

P120,000.00, exclusive of interest, attorney’s fees which is equivalent to 25%
of the total amount due and other charges and expenses that may be incurred
as a result of this foreclosure.
WHEREFORE, all of the above premises favorably considered, it is most

respectfully requested that you sell at Public Auction the above-described residential
building including the whatever rights over a 300 square meters parcel of land to satisfy
the above-mentioned mortgage indebtedness of the above-named MORTGAGOR.
Other reliefs, just and equitable under the premises are likewise prayed for.
Baguio City for Baguio City this ___ day of March 2006.
PRILL MARK MACAYBA
Mortgagee/Petitioner
-3-
Cc:
1. Spouses FLORENCIA B. TABUZO
Purok 5, Kias, Baguio City
2. THE REGISTRY OF DEEDS

Baguio City
3. THE OFFICE OF THE CLERK OF COURT

Regional Trial Court
Baguio City
4. THE EXECUTIVE JUDGE

Regional Trial Court
Baguio City
REPUBLIC OF THE PHILIPPINES) s.s.

BAGUIO CITY . . . . . . . . . . . . . . . )
VERIFICATION/CERTIFICATION
I, PRILL MARK MACAYBA, of legal age, married, Filipino citizen and with
present residence and postal address located at No. 20, Lower Pinget, Baguio City, under
oath hereby depose and state:
1. That am the PETITIONER in the above-entitled PETITION;
2. That I have caused the preparation of the foregoing PETITION, read the
contents thereof and found them to be true and correct of my own personal
knowledge and belief;
3. That I further certify the following:
a. I have not commenced nor filed any other action or proceeding

involving the same issues in the Supreme Court, the Court of Appeals
or any other tribunal or agency;
b. To the best of my knowledge, no such action or proceeding is pending

in the Supreme Court, the Court of Appeals or any other tribunal or
agency;
c. Should I learn thereafter of any similar action pending before the

Supreme Court, Court of Appeals or any other tribunal or agency, I
undertake to report the same within five (5) days to this Honorable
Office.
In Witness Whereof, I have hereunto set my hand at Baguio City this ____ day of March
2006.
PRILL MARK MACAYBA

Affiant
CTC No. 19503763, 3-06-06
Issued at Baguio City
SUBSCRIBED AND SWORN to before me this _____ day of March 2006 at Baguio
City.
Doc. No.
Page No.
Book No.
Series of 2006.

Forclosure Macayba

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Republic of the Philippines

OFFICE OF THE NOTARY PUBLIC

Re: PETITION FOR EXTRAJUDICIAL

RITA B. AKIA a.k.a. ARMIE AKIA

ATTY. BARTOLOME L. BALDAS, JR.

As the Mortgagee/Petitioner, may I respectfully deliver to you a copy (the same is

“A parcel of land (Lot 26-A, of the subdivision plan (LRC) Psd-22431,

The above-mentioned Real Estate Mortgage includes whatever right the

The above-mentioned Real Estate Mortgage was executed by Florencia B.

b. The principal obligation, including whatever interest thereof, have remain

c. The principal indebtedness and/or obligation of the MORTGAGOR is

WHEREFORE, all of the above premises favorably considered, it is most

2. THE REGISTRY OF DEEDS

3. THE OFFICE OF THE CLERK OF COURT

4. THE EXECUTIVE JUDGE

REPUBLIC OF THE PHILIPPINES) s.s.

1. That am the PETITIONER in the above-entitled PETITION;

3. That I further certify the following:

a. I have not commenced nor filed any other action or proceeding

b. To the best of my knowledge, no such action or proceeding is pending

c. Should I learn thereafter of any similar action pending before the

PRILL MARK MACAYBA

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