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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

JOSEPHINE SAN JUAN

Plaintif

- versus - FOR: ANNULMENT OF CONTRACT


OF REAL ESTATE MORTGAGE WITH
PRAYER FOR TEMPORARY
RESTRAINING ORDER AND A WRIT
OF PRELIMINARY INJUNCTION

ZAMBALES RURAL BANK


AND REGISTRY OF DEEDS
BULACAN

Defendant.
x------------------------------------------------x

COMPLAINT

Plaintiffs, through counsels, and unto this Honorable Court

most respectfully aver:

THE PARTIES

1. Plaintiff is of legal age, married and a resident of

_______________Philippines. Plaintiff may be served with notices,

orders and other processes of the Honorable Court through the

office of the undersigned counsel.

2. Defendant Banco de Oro, is a duly incorporated under

the laws of the Philippines and mortgagee of the real estate


mortgage, and is located at #6-20th Street, Bajac Bajac, Olongapo

City.

3. Defendant Registry of Deeds Bulacan, as nominal party

in the instant case.

4. Plaintiff and Renato S. Sarrondo and Divina S. Sarrondo


entered into an agreement, hereby attached as Deed of
Transfer/Assignment worth P 25,000,000.00 situated at Brgy
Kalasag, San Idlefonso Bulacan covered by Transfer Certificate of
Title No. T-66964 of the Register of Deeds of the Province of
Bulacan and more particularly described in the certificate of title
as follows:

A PARCEL OF LAND xxxxxxx

ANTECEDENTS:

5. 16 April 1995, Renato S. Sarrondo and Imelda L.


Villegas entered into a contract of marriage. A copy of Certificate
of Marriage is attached herein as Annex ()

6. Renato S. Sarrondo and Imelda L. Villegas are governed


by the system of Conjugal Partnership of Gains in the absence of
their marriage settlement, thus all the properties which are
owned by the spouses at the time of the celebration of their
marriage or acquired thereafter shall be owned in common by
them (Article 91, Family Code of the Philippines). Because of this
co-ownership, both the consent of the spouses shall be obtained
in the sale and other transactions involving their co-owned
properties.

6. They begot two children namely John Patrick V.


Sarrondo and Catherine V. Sarrondo born on February 26, 1993
and March 14, 1996 respectively. Copies of birth certificate are
attached as Annex ()
7. On the 10th day of April 1995 at Guiguinto, Bulacan , A
Transfer Certificate of Title (TCT) T-66964 is registered in the
names of Renato Sarrondo and his sister, Divina Sarrondo, as
Annex ().

8. The said TCT is entered more particularly described in


the certificate of title as follows:

9. Through the years, the land was improved and different


structures are constructed thereto.

10. The following are the improvements:

a. Residential House in the name of Florentina S.


Taranto with an area of 146.93 sq. m

b. Commercial building declared in the name of Renato


S. Sarrondo with an area of 115.20 sq. m

c. Residential House in the name of Soledad S.


Sarrondo with an area of 43.50 sq. m

d. Residential House in the name of Divina Sarrondo-


Dela Cruz married to Alfredo Dela Cruz with an area of 66.96 sq.
m

e. Residential House in the name of Renato S. Sarrondo


with an area of 73 sq. m

f. Poultry House declared in the name of Renato S.


Sarrondo with an area of 1,464 sq. m

12. On 10 August 1998, Imelda Sarrondo died, leaving his


heirs, Renato, John Patrick and Catherine. A copy of death
certificate is attached as Annex ()

13. On 28 January 2011, Entry No. 2011000939 of


Memorandum of Encumbrances attached herein as Annex ()
states the following:

SPECIAL POWER OF ATTORNEY:


EXECUTED BY DIVINA S. DELA CRUZ,
MARRIED TO ALFREDO DELA CRUZ ET.
ALS., IN FAVOR OF RENATO S.
SARRONDO TO BE THEIR TRUE AND
LAWFUL ATTY. IN FACT TO DO AND
PERFORM ALL ACTS AND THINGS
SPECIFICALLY MENTIONED IN THE DEED
ON FILE IN THIS OFFICE. IN
ACCORDANCE WITH DOC NO. 278, PAGE
NO. 57, BOOK NO. XXII, SERIES OF
2011, OF NOTARY PUBLIC OF
OLONGAPO CITY. ATTY. SEGUNDO E.
MANGOHIG. DATE OF INSTRUMENT:
JANUARY 6, 2011.

14. On 15 July 2011, Renato S. Sarrondo obtained a loan

with Defendant Bank which has a principal amount of P6,700,

000.

15.

16. Defendant Bank executed a Real Estate Mortgage and

attached the aforesaid parcel of land and as well as the

improvements thereon as the collateral in the contract of loan.

The real estate mortgage is attached herein as Annex ()

9.

8. Plaintiff is filing this complaint to annul the Contact of

Real Mortgage entered by Defendant bank for not complying with

the requisites provided by the law.

15. As found in Article 2085, The following are the legal

requisites for a mortgage to be valid:

(1) It must be constituted to secure the fulfillment of a

principal obligation;
(2) The mortgagor must be the absolute owner of the thing

mortgaged;

(3) The persons constituting the mortgage must have the

free disposal of their property, and in the absence thereof, they

should be legally authorized for the purpose

As a banking institution, petitioner bank was grossly negligent

when

1. entered rem without securing the consent of the children

considering they are the co-owners of the subject rem


2. co-ownership/succession
3. diff owners for diff improvements
4. no attachment of contract of loan
5.

9. The foreclosure of the land subject in litigation would

work injustice to the plaintiff. These acts/deeds give rise to the

extreme urgency that the Plaintiff will suffer grave injustice and

irreparable injury. Thus, in order that further injury will not be

committed, Plaintiffs pray for a Temporary Restraining Order and

Preliminary Injunction. Plaintiffs are willing to execute a bond as

may be ordered by the Honorable Court for the issuance of the

herein TRO and Preliminary Injunction against Defendant.


PRAYER

WHEREFORE PREMISES CONSIDERED, it is respectfully

prayed of this Honorable Court that:

1. Upon the filing of this COMPLAINT, a Temporary

Restraining Order effective for 72 hours from its issuance be

immediately issued ex parte and out of extreme urgency, against

Defendant Banco de Oro directing it to desist from foreclosing the

land subject of litigation;

2. Within 72 hours and upon the conduct of a summary

hearing, a Temporary Restraining Order be issued directing for the

aforementioned Temporary restraining Order;

Other reliefs just and equitable under the premises are

likewise prayed for.

Cebu City, Philippines. ________________.

BY:

_______________
Roll No. ______________________
IBP No. ______, Cebu City, 1/04/08
PTR No. _____, Cebu City, 1/04/08

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