Republic of the ________

REGIONAL TRIAL COURT

_____ Judicial Region
_________, Br. _____

HEIRS OF ALBERTO herein represented

by BEN
Plaintiffs,

- versus - Civil Case No. 3509987

For: Annulment of Real
Estate Mortgage and
Damages with Prayer for
Writ of Preliminary
Injunction

ABC BANK, Inc., represented by

Atty. T, and R

Defendants,
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

COMPLAINT

PLAINTIFFS, by and through the undersigned counsel, and unto this Honorable
Court, most respectfully submit the instant complaint and further allege that:

1. Plaintiffs Ben - married and a resident of ____; Carla– married and a resident
of____; and David– single and a resident of ______, are all of legal age, all
_____ and co-owners of Lot 123-A of the ____, situated in ________

2. Plaintiffs may be served with copies of Orders, Decision. And other court
processes through the undersigned counsel. Plaintiffs are represented by their
attorney-in-fact, plaintiff Ben pursuant to “Joint Special Power of Attorney”
which is made a part of this complaint and attached hereto as Annex “A”.

3. Defendants ABC Bank,Inc., a commercial bank and incorporated under the

laws of the ______ with business address at ______; Atty. T, corporate legal
counsel of respondent bank; Romeo – married and a resident of ___ where
they may be served with Summons and copies of Orders, Decisions and other
processes of this Honorable Court through their respective address.

4. On January 31, 2017, Plaintiffs were surprised when they learned that Lot
123-A of the ______ situated in ______ containing an area of Six Hundred
Square Meters (900 sq. m.) and known to have an assessed value of Twenty
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 Million Pesos (P 20,000,000.00) is subject to “Foreclosure Sale” in favor of
defendants;

5. The Deed of Real Estate Mortgage was allegedly signed by the father of the
Plaintifs and their brother Romeo ___ in ______ when in truth and in fact, the
late Alberto ______ could not sign a document in 2014 as he was not in his
sound mind.

6. In order to give an impression of validity to the contract of mortgage,

Defendants caused the Deed of Real Estate Mortgage to appear to have been
allegedly signed by Two (2) witnesses but without securing the signature of
the vendor’s wife, Maria and declaring Ben as the only descendant without the
signature of other three (3) children who were all then of legal age.

7. For several years prior to the death of Alberto on January 2015, defendants
have always assisted him as he has been under the influence of alcohol and
under medication due to insanity.

8. Through fraud or any means of machination employed by the Defendants, the

signature above the name of the late Alberto was forged to make it appear that
he signed the Deed of Real Estate Mortgage. A careful inspection of the
signature of the mortgagor on the deed would clearly reveal that the same is
not the signature of the late Alberto. The stroke of the signature is so fluid that
it is not even similar to the signature of the ascendant of the Plaintiffs who
were then not in sound mind.

9. Due to the impending foreclosure sale, the Defendants’ only source of living
which is the commercial building constructed on the subject lot is in danger of
being lost and for this reason, the latter suffered sleepless nights and untold
sufferings. Thereby, Plaintiffs should be entitled to moral and exemplary
damages in the amount of Two Hundred Thousand Pesos (P 200,000.00).

10. In addition, Plaintiffs were constrained to litigate and hired the services of the
undersigned counsel and agreed to pay the amount of Sixty Thousand Pesos
(P 30,000.00) as attorney’s fees.

11. Moreover, the issuance of writ of preliminary injunction is proper in the

instant case considering that the Plaintiffs are co-owners of the subject
property. The matter is of extreme urgency and the Plaintiffs will suffer grave
injustice and irreparable business loss if the injunction is not issued.

12. Lastly, Plaintiffs are willing to post the required bond executed in favor of the
Defendants in an amount to be fixed by the Honorable Court to the effect that
Plaintiffs will pay the Defendants all damages which they may sustain by
reason of injunction if the Court should finally decide that the Plaintiffs are
not actually entitled thereto.

WHEREFORE, premises considered it is most respectfully prayed unto this

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Honorable Court to render judgment ordering the following:

a) Declaring the Deed of Real Estate Mortgage null and void.

b) Ordering the Register of Deeds for the Province of Aklan to cancel any
registration effected by the assailed Deed of Real Estate Mortgage.

c) Ordering Defendants to pay Plaintiffs moral and exemplary damages in

the amount of Two Hundred Thousand Pesos (P 200,000.00); and

d) Ordering Defendants to pay Plaintiffs the amount of Sixty Thousand

Pesos (P 30,000.00) as attorney’s fees.

Plaintiffs pray for such other relief just and/or equitable in the premises.

Province of_______, February 10, 2018.

______LAW OFFICE
Counsel for the Plaintiffs
_________________

By:
____________
IBP No. 129456
PTR No. 090345
Roll No. 359789
MCLE No. 87650

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 VERIFICATION

I, Ben, after being duly sworn to in accordance with law hereby depose and say
that:

1. I am one of the plaintiffs in the above entitled case and I am duly authorized to
represent all the other plaintiffs ;
2. I have caused the preparation and filing of the instant Complaint;
3. I have read and understood the contents of the same and that the same are true to
the best of my own personal knowledge and of authentic documents;
4. I hereby certify that I have not commenced any other action or proceeding
involving the same issues in the Supreme Court, Court of Appeals , or any other
tribunal or agency;
5. That If I should thereafter learned that a similar action or proceedings has been filed
or is pending before the Supreme Court, Court of appeals, or any other tribunal or
agency, I hereby undertake to report that fact within five (5) days therefrom to the
court or agency wherein the original pleading and sworn certification contemplated
herein have been filed;

IN WITNESS WHEREOF, I have hereunto affixed my signature this 10th

day of February 2018, in the_______.

BEN
Affiant

SUBSCRIBED AND SWORN to before me this 10th day of February 2017,

in the __________, affiant exhibiting to me his _______. No. _____, issued at ______ on
January 31, 2017.

Doc. No. 997

Page No. 731
Book No. IX
Series of 2018

_______________
Notary Public
Until Dec. 31, 2019
IBP No. 1234856
PTR No. 098345
Roll No. 356889
MCLE No. 887650