RULE 68

Foreclosure of Real Estate Mortgage

Section 1. Complaint in ______ for ______. In an action for the ______ of a mortgage or other ______ upon
real estate, the complaint shall set forth the date and due execution of the mortgage; its ______, if any; the
names and _______ of the mortgagor and the mortgagee; a description of the mortgaged property; a statement
of the date of the note or other documentary _____ of the obligation secured ______ the mortgage, the amount
______ to be ______ thereon; and the names and residences of all persons having or _______ an interest in the
property ______ in right to that of the ______ of the mortgage, all of whom shall be made ______ in the action.
(1a)

Section 2. Judgment on foreclosure for payment or sale. If upon the trial in such action the court shall ______
the facts set forth in the complaint to be true, it shall ______ the amount due to the plaintiff upon the mortgage
debt or obligation, including _____ and other charges as approved by the court, and costs, and shall ______
judgment for the ______ so found due and _______ that the same be paid to the court or to the judgment
______ within a period of not less than ninety (90) days nor more than one hundred twenty (120) days from the
______ of judgment, and that in ______ of such payment the property shall be sold at public auction to ______
the judgment. (2a)

Section 3. Sale of mortgaged property; effect. When the defendant, after being ______ to do so as provided
in the next _____ section, _____ to pay the amount of the judgment within the period ______ therein, the court,
upon motion, shall order the property to be sold in the _______ and under the provisions of Rule 39 and other
_______ governing sales of real estate under _______. Such sale shall not affect the rights of persons ______
______ encumbrances upon the property or a part thereof, and when _______ by an order of the court, also
______ motion, it shall operate to ______ the rights in the _____ of all the parties to the action and to vest their
rights in the ______ subject to such rights of _____ as may be allowed by law.

Upon the _______ of the order of confirmation or upon the expiration of the period of redemption when
allowed by law, the purchaser at the auction sale or last _____, if any, shall be entitled to the _______ of the
property unless a third party is _____ holding the same adversely to the judgment obligor. The said _____ or
last ______ may secure a _____ of _____, upon motion, from the court which ordered the _____. (3a)

Section 4. ______ of proceeds of sale. The amount _____ from the ____ sale of the mortgaged property shall,
after deducting the costs of the sale, be paid to the person _____ the mortgage, and when there shall be any
______ or ______, after paying off the mortgage debt due, the same shall be paid to junior ______ in the order
of their ______, to be ______ by the court, or if there be no such encumbrancers or there be a balance or residue
after payment to them, then to the mortgagor or his duly ______ ______ or to the person entitled to it. (4a)

Section 5. How sale to ______ in case the debt is not all due. If the debt for which the mortgage or ______
was held is not all due as provided in the judgment as soon as a ______ ______ of the property has been sold to
pay the _____ amount and the ______ due, the sale shall ______; and afterwards as often as more becomes due
for ___ or ____ and other valid ______, the court may, on ______ order more to be sold. But if the property
cannot be sold in portions without prejudice to the parties, the ______ shall be ordered to be sold in the first
______ and the entire debt and costs shall be paid, if the proceeds of the sale be ______ therefor, there being a
______ of interest where such rebate is proper. (5a)

Section 6. Deficiency judgment. If upon the sale of any real property as provided in the next preceding
section there be a ______ due to the plaintiff after ______ the proceeds of the sale, the court, upon motion, shall
render ______ against the ______ for any such balance for which, by the ______ of the case, he may be ______
liable to the plaintiff, upon which ______ may issue ______ if the ______ is all due at the time of the ______ of
the judgment; otherwise; the plaintiff shall be entitled to ______ at such time as the balance ______ becomes
due under the terms of the ______ contract, which time shall be stated in the ______. (6a)

Section 7. ______ A certified copy of the final order of the court ______ the sale shall be registered in the
______ of deeds. If no right of ______ exists, the ______ of title in the name of the mortgagor shall be ______,
and a new one issued in the name of the ______.

Where a right of ______ exists, the certificate of ______ in the name of the mortgagor shall not be cancelled, but
the certificate of sale and the order confirming the sale shall be registered and a ______ ______ thereof made by
the ______ of ______ upon the certificate of title. In the event the property is redeemed, the ______ of ______
shall be registered with the registry of deeds, and a brief memorandum thereof shall be made by the registrar
of deeds on said certificate of title.

If the property is not ______, the final deed of sale ______ by the ______ in favor of the purchaser at the ______
sale shall be registered with the registry of deeds; whereupon the certificate of title in the name of the ______
shall be cancelled and a new one ______ in the name of the purchaser. (n)

Section 8. Applicability of other provisions. The provisions of sections 31, 32 and 34 of Rule 39 shall be
applicable to the ______ ______ of real estate ______ under this Rule insofar as the former are not ______ with
or may ______ to ______ the provisions of the latter. (8a)
ACT NO. 3135 AN ACT TO REGULATE THE SALE OF PROPERTY UNDER SPECIAL POWERS
INSERTED IN OR ANNEXED TO REAL-ESTATE MORTGAGES

SECTION 1. When a sale is made under a ______ ______ inserted in or attached to any real-estate ______
hereafter made as security for the payment of money or the ______ of any other ______, the provisions of the
following election shall govern as ______ the manner in which the sale and ______ shall be ______, whether or
not provision for the same is made in the ______.

SECTION 2. Said ______ cannot be made legally outside of the ______ in which the ______ sold is situated; and
in case the place within said province in which the sale is to be made is subject to ______, such sale shall be
made in said place or in the ______ ______ of the ______ in which the property or part thereof is situated.

SECTION 3. Notice shall be given by ______ ______ of the sale for not less than twenty days in at least three
public places of the municipality or city where the property is situated, and if such property is worth more
than four hundred pesos, such notice shall also be published once a week for at least three ______ weeks in a
______ of ______ ______ in the ______ or city.

SECTION 4. The sale shall be made at ______ auction, between the ______ or ______ in the ______ and ______
in the ______; and shall be under the ______ of the sheriff of the province, the justice or ______ justice of the
peace of the ______ in which such sale has to be made, or a ______ public of said municipality, who shall be
______ to collect a fee of five pesos each day of actual work ______, in ______ to his ______.

SECTION 5. At any sale, the ______, ______, or other persons authorized to act for the creditor, may ______ in
the bidding and purchase under the same ______ as any other ______, unless the contrary has been ______
provided in the ______ or ______ deed under which the sale is ______.

SECTION 6. In all cases in which an extrajudicial sale is made under the special power ______ referred to, the
debtor, his ______ in interest or any ______ creditor or judgment creditor of said debtor, or any person having
a lien on the property ______ to the mortgage or deed of ______ under which the property is sold, may ______
the same at any time within the term of one year from and after the date of the sale; and such redemption shall
be governed by the provisions of sections ______ ______ and ______-______ to ______ ______ and ______-
______, inclusive, of the Code of Civil Procedure, in so far as these are not ______ with the ______ of this Act.

SECTION 7. In any sale made under the provisions of this Act, the ______ may ______ the Court of First
Instance of the province or place where the property or any part thereof is ______, to give him possession
______ during the ______ period, furnishing ______ in an amount ______ to the use of the property for a period
of ______ months, to indemnify the debtor in case it be shown that the sale was made without ______ the
mortgage or without complying with the requirements of this Act. Such petition shall be made under ______
and ______ in form of an ______ ______ ______ in the registration or ______ ______ if the property is ______, or
in ______ ______ in the case of property registered under the ______ Law or under section one hundred and
ninety-four of the ______ Code, or of any other real property ______ with a mortgage duly ______ in the office
of any register of deeds in ______ with any ______ law, and in each case the ______ of the ______ shall, upon
the filing of such ______, collect the fees ______ in paragraph ______ of section one hundred and fourteen of
Act Numbered Four hundred and ninety-six, as amended by
Act Numbered Twenty-eight hundred and sixty-six, and the court shall, upon ______ of the bond______ order
that a ______ of ______ issue, ______ to the sheriff of the ______ in which the property is situated, who shall
______ said order ______.

SECTION 8. The debtor may, in the proceedings in which possession was ______, but not later than thirty days
after the ______ was given ______, petition that the sale be ______ ______ and the ______ of ______ ______,
______ the damages ______ by him, because the ______ was not ______ or the sale was not made in accordance
with the provisions hereof, and the court shall take ______ of this ______ in accordance with the ______
procedure provided for in section one ______ and twelve of Act Numbered Four hundred and ninety-six; and
if it finds the complaint of the debtor justified, it shall dispose in his ______ of all or part of the bond ______ by
the person who ______ ______. Either of the parties may ______ from the order of the judge in accordance with
section ______ of Act Numbered ______ ______ and ______; but the order of ______ shall continue in effect
during the ______ of the ______.

SECTION 9. When the property is redeemed after the ______ has been given possession, the redeemer shall be
entitled to ______ from the price of redemption any ______ that said purchaser may have ______ in case the
property or any part thereof was ______; if the purchaser ______ the property as his own dwelling, it being
______ ______, or used it gainfully, it being ______ ______, the ______ may ______ from the price the ______ of
______ ______ ______ ______ ______ provided for in section four hundred and sixty-five of the Code of Civil
Procedure.

SECTION 10. This Act shall take ______ on its ______.

Approved: ______ 6, ______

ACT NO. 4118 AN ACT TO ______ ACT NUMBERED THIRTY-ONE HUNDRED AND THIRTY-
FIVE, ENTITLED AN ACT TO REGULATE THE SALE OF PROPERTY UNDER ______ ______
INSERTED IN OR ANNEXED TO ______ ______.

SECTION 1. Section six of Act Numbered Thirty-one hundred and thirty-five, entitled An Act to regulate the
sale of property under ______ ______ inserted in or ______ to real-estate ______, is hereby amended to read as
follows:

Section 6. In all cases in which an ______ sale is made under the special ______ herein before referred to, the
debtor, his ______ in interest or any judicial ______ or judgment ______ of said debtor, or any person having a
lien on the property ______ to the ______ or deed of ______ under which the property is sold, may ______ the
same at any time ______ the term of one year from and after the date of the sale; and such ______ shall be
governed by the provisions of sections four ______ and sixty-four to four hundred and sixty-six, inclusive, of
the Code of Civil Procedure, in so far as these are not ______ with the provisions of this Act.

SECTION 2. The following three ______ are hereby inserted after section six of said Act ______ Thirty-one
hundred and thirty-five:

Section 7. In any sale made under the provisions of this Act, the purchaser may petition the Court of First
Instance of the province or place where the property or any part thereof is ______, to give him ______ thereof
during the redemption period, ______ ______ in an amount ______ to the use of the property for a period of
______ ______, to indemnify the ______ in case it be shown that the sale was made without ______ the
mortgage or without ______ with the ______ of this Act. Such petition shall be made under oath and filed in
form of an ______ ______ ______ in the registration or ______ proceedings if the property is registered, or in
______ ______ in the case of property registered under the ______ ______ or under section one hundred and
ninety-four of the ______ Code, or of any other real property ______ with a mortgage duly ______ in the office
of any register of deeds in ______ with any ______ law, and in each case the ______ of the ______ shall, upon
the filing of such petition, collect the fees ______ in paragraph eleven of section one hundred and ______ of Act
Numbered Four hundred and ninety-six, as ______ by Act Numbered Twenty-eight hundred and sixty-six, and
the court shall, upon ______ of the bond, order that a writ of posses______, ______ to the sheriff of the ______
in which the property is ______, who shall ______ said order ______.

Section 8. The debtor may, in the ______ in which possession was ______, but not later than thirty days after
the ______ was given ______, petition that the sale be set aside and the writ of possession ______, specifying
the ______ ______ by him, because the mortgage was not violated or the ______ was not made in accordance
with the provisions hereof, and the court shall take ______ of this petition in accordance with the ______
______ provided for in section one hundred and twelve of Act Numbered Four hundred and ninety-six; and if
it ______ the ______ of the debtor justified, it shall dispose in his ______ of all or part of the bond furnished by
the person who ______ possession. ______ of the parties may appeal from the ______ of the judge in ______
with section fourteen of Act Numbered Four hundred and ninety-six; but the order of ______ shall continue in
______ during the ______ of the ______.

Section 9. When the property is redeemed after the purchaser has been given possession, the ______ shall be
entitled to ______ from the price of ______ any ______ that said ______ may have ______ in case
the ______ or any part thereof was ______; if the purchaser ______ the property as his own ______, it being
______ property, or used it ______, it being rural property, the ______ may ______ from the price the ______ of
one per centum per month ______ for in section four hundred and sixty-five of the Code of Civil Procedure.

SECTION 3. The ______ of the present ______ seven of said Act ______ Thirty-one hundred and thirty-five is
hereby ______, ______ it ______ ten.

SECTION 4. This Act shall take effect on its ______.

Approved, ______ 7, ______