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The key takeaways are that the plaintiff Anna Ferrer is filing a complaint to annul a real estate mortgage contract entered into by her husband Ben Ferrer on a property they jointly own, without her consent.
This is a case to annul a contract of real estate mortgage and seek injunctive relief.
The property being disputed is a 460 sqm parcel of land located in Cebu City covered by TCT No. T-9132.
REPUBLIC OF THE PHILIPPINES
REGIONAL TRAIL COURT
7 TH JUDICIAL REGION Branch 1, Cebu City
ANNA FERRER
Plaintiff
- versus -
FOR: ANNULMENT OF CONTRACT OF REAL ESTATE MORTGAGE WITH PRAYER FOR TEMPORARY RESTRAINING ORDER AND A WRIT OF PRELIMINARY INJUNCTION
Plaintiffs, through counsels, and unto this Honorable Court most respectfully aver:
THE PARTIES 1. Plaintiff is of legal age, married to defendant, and a resident of 181-P Elizabeth Pond Ext. St., Cebu City, Philippines. Plaintiff may be served with notices, orders and other processes of the Honorable Court through the office of the undersigned counsel. 2. Defendant, on the other hand, is the plaintiffs husband, and a resident of 32-B Pelaez St., Cebu City, Philippines whereat he may be served with summons, notices, orders and other processes of the Honorable Court. 3. Defendant Banco de Oro, is a duly incorporated under the the mortgagee of the real estate mortgage, and is located at 231 Escario St., Cebu City. 4. Plaintiff and defendant Ben Ferrer acquired a 460 sq. m parcel of landusing their joint funds worth P 110, 000 situated at 47-C Pelaez St., Cebu City, covered by Transfer Certificate of Title No. T-9132 of the Register of Deeds of the City of Cebu and more particularly described in the certificate of title as follows: A PARCEL OF LAND (Lot 32 of the consolidation-subdivision plan (LRC) Pcs-5141, being a portion of the consolidation of Lots 1 and 2, Psu- 112287 Amd., LRC (GLRO) Rec. No. N-17511), situated in Escario St., Cebu City, Philippines. Bounded on the NE., points 3 to 6, by Lot 85; on the S., points 6 to 1 by Lot 30; on the SW., points 1 to 2, by Lot 31; and on the N., points 2 to 3 by Lot 35, all of the consolidation-subdivision plan. Beginning at a point marked "1" on plan, being N. 51 deg. 36' E., 1321.76 m. from B.L.L.M. No.1, Cebu City, Cebu xxxxxxxx. 5. Defendant Ben Ferrer entered into a contract of loan with Banco de Oro, Escario Branch, without securing the consent of his wife Plaintiff Anna Ferrer. 6. Defendant failed to pay the loan despite repeated demands of Defendant bank. 7. Defendant Banco de Oro then moved to foreclosed the land. 8. Defendant also executed a Real Estate Mortgage and attached the aforesaid parcel of land as the collateral in the contract of loan. 9. Plaintiff and Defendant are governed by the system of Absolute Community of Property 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. 8. Plaintiff is filing this complaint to annul the Contact of Real Mortgage entered by Defendant husband without securing her consent. 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