Complaint 1

Republic of the Philippines
First Judicial Region

MUNICIPAL TRIAL COURT
La Trinidad, Benguet
BRANCH 426-B
MA. CONCEPCION DG.

ASUNCION, Represented by her Special Civil Action
husband and Attorney-in-Fact, No.__________________
MIGUEL S. ASUNCION
Plaintiff,
-versus- For
GARY PAUL ABELA, Foreclosure of Real Estate

MARCELO A. ABELA and Mortgage
ADELYN ABELA,
Defendants
x---------------------------------------x
COMPLAINT
PLAINTIFF, herein represented by her husband and

attorney-in-fact, MIGUEL S. ASUNCION, unto this Honorable Court, most
respectfully alleges:
THE PARTIES
1. Plaintiff Ma. Concepcion DG Asuncion, is of legal age, Filipino,

married to Miguel S. Asuncion, as her Atty-In-Fact, both residing at 71 Del
Pilar St. Ayala Heights Village, Old Balara, Quezon City, Petitioner and her
Atty-In-Fact may be served with court processes at the foregoing address.
2. Plaintiff is represented herein by her husband, by virtue of a

Special Power of Attorney. A copy of the Special Power of Attorney is
hereto attached as Annex "A" and made an integral part hereof.
3. Defendant Gary Paul Abela is of legal age, Filipino, widower and

with business address at Brighthouse International Preschool, No. 10 Maya
1
St., Dizon Subdivision, Baguio City, where he may be served with summons
and other court processes.
4. Defendants Marcelo A. Abela and Adelyn Abela are spouses, both

of legal age, Filipinos and residents of BB-038 Camp Dangwa, Alapang, La
Trinidad, Benguet, where they may be served with summons and other court
processes.
AVERMENTS IN SUPPORT OF THE CAUSE OF ACTION
5. On September 14, 2017, Defendants executed a Deed of Real

Estate Mortgage to secure the prompt and full payment of their obligation to
the petitioner as borne out by the Promissory Note dated August 17, 2017
attached thereto in the amount of One Million Two Hundred Fifty Thousand
Pesos (Php1,250,000.00). Copies of the Deed of Real Estate Mortgage and
Promissory Note are hereto attached as Annex "B" and Annex “C”,
respectively, both made integral parts hereof.
6. Pursuant to the foregoing Deed of Real Estate Mortgage, the

Respondent-Mortgagors transferred, conveyed and encumbered unto the
Petitioner by way of mortgage a certain real property and all its
improvements thereon, situated at Barangay Alapang, Municipality of La
Trinidad, Province of Benguet covered by Tax Declaration bearing ARP No.
2010-03-02-01340 of the Provincial Assessor's Office of the Province of
Benguet, registered in the name of defendant, Marcelo A. Abela and more
particularly described as follows:
Tax Declaration/ Assessment of Real Property No. 2010-03-02-01340

(Provincial Assessor's Office of the Province of Benguet)
Property Index No : 009-03-002-11-074
Location : Barangay Alapang, La Trinidad,

Benguet
Boundaries : North : National Road

South : Assessor's Lot 003
West : Assessor's Lot 001
Classification: Area:
Residential lot : 130 sq. m.
2
Commercial lot : 59 sq. m.
Total : 189 sq. m.
A copy of Tax Declaration of Real Property No. 2010-03-02-01340 is

hereto attached as Annex “D” and made integral part hereof.
7. Upon maturity of the Promissory Note on September 30, 2017, the

Defendants failed to pay the principal amount valued at One Million Two
Hundred Fifty Thousand Pesos (Php1,250,000.00) despite initial oral
demands made against them.
8. Desperate and frustrated by the inaction of the Defendants, the

Petitioner was constrained to send formal demands to the Defendants on
October 26, 2018. Copies of the demand letters are hereto attached as Annex
“E” and Annex “F, respectively, both made integral parts hereof.
9. Despite oral and formal demands, the defendant-mortgagor

intentionally refused and continue to refuse to pay their indebtedness.
Hence, this complaint for judicial foreclosure of real estate mortgage.
DOCUMENTARY EVIDENCE IN SUPPORT OF THE

COMPLAINT
ANNEX NATURE OF PURPOSE

DOCUMENT
“A” Special Power of To prove that Miguel Asuncion is
Attorney the Attorney-in-Fact of Ma.
Concepcion DG. Asuncion and that
he is authorized to perform the acts
to demand, collect, sue for both
civil and criminal cases and receive
from Gary Paul L. Abela and Sps.
Marcelo A. Abela and Adelyn
Lumbag Abela.
“B” Deed of Real Estate To prove that the indebtedness is
Mortgage secured by a real property in the
nature of a mortgage.
“C” Promissory Note To prove that the Defendants are
indebted to the Plaintiff and the debt
is already due and demandable.
3
“D” Tax Declaration To prove the assessed value of the
property in the Deed of Real Estate
mortgage.
To prove that the Respondent,

specifically, Marcelo A. Abela is the
owner of the property mortgaged
under the Deed of Real Estate
Mortgage.
“E” Formal Demand Letter To prove that Formal Demand
Letter was sent to Gary Paul Abela
on October 26, 2018
“F” Formal Demand Letter To prove that Formal Demand
Letter was sent to Sps. Marcelo A.
Abela and Adelyn Abela on
October 26, 2018
TESTIMONIAL EVIDENCE IN SUPPORT OF THE COMPLAINT
ANNEX NAME OF WITNESS PURPOSE OF TESTIMONY

“G” MIGUEL ASUNCION To testify on the complaint
and veracity of the averments
made thereto and to testify on
the contents of the executed
Deed of Real Estate
Mortgage and Promissory
Note
PRAYER
WHEREFORE, premises considered, plaintiff prays for judgment as

follows:
1. Ordering all the defendants, jointly and severally, to pay unto the
plaintiff the amount of One Million Two Hundred Fifty Thousand Pesos
(Php1,250,000.00) , plus legal interest thereon from date of maturity of the
obligation on September 30, 2017, within the period provided for by the
Rules;
4
2. Issuing a decree of foreclosure for the sale at public auction of the
above-described real property, together with all improvements existing
thereon, and for the disposition of the proceeds thereof in accordance with
law and the Rules, upon failure of the defendants to pay the plaintiff as
above set forth;
3. Ordering the defendants to pay unto the plaintiff the costs of suit.
Plaintiff prays for such other relief and remedies just and equitable in the
premises.
RESPECTFULLY SUBMITTED
Baguio City, March 28, 2023.
TANDERS LAW OFFICE

Counsel for the Petitioner
[email protected] | (074) 445 2132
Suite 203, Jose Miguel Bldg.,
Yandoc St., Baguio City
By:
KennAngala
Atty. Kenn Jaero Angala
09177165444 | [email protected]
Roll of Attorneys No. 100001
IBP Lifetime No. 09821
PTR No. 12312532/02-01-2023/Baguio City
CleahMaryellLlamas
Atty. Cleah Maryell Llamas
XyrusFlores
Atty. Raziel Xyrus Flores
5
Charmie Ann Ferreria

Atty. Charmie Ann Ferreria
Copy furnished:
Gary Paul Abela

Respondent
Brighthouse International Preschool,
No. 10 Maya St., Dizon Subdivision, Baguio City
Sps. Marcelo A. Abela and Adelyn Abela

Defendants
BB-038 Camp Dangwa, Alapang, La Trinidad,
Benguet
6
VERIFICATION AND CERTIFICATION
OF NON-FORUM SHOPPING
I, MIGUEL S. ASUNCION, of legal age and a resident of 71 Del

Pilar St., Avala Heights Village, Old Balara, Quezon City, after being duly
sworn, hereby depose and state
1. I am the Attorney-in-Fact of the Petitioner in the above-stated

case;
2. I have caused the preparation of the foregoing Petition;
3. I have read and understood the contents thereof and the facts
alleged therein are true and correct based on my personal
knowledge and/or on the basis of copies of documents and records
in my possession;
4. The Petition is not filed to harass the respondent, cause

unnecessary delay, or needlessly increase the cost of litigation; and
5. The factual allegations therein have evidentiary support or, if

specifically so identified, will likewise have evidentiary support
after a reasonable opportunity for discovery.
6. I further certify that:
a. I have not heretofore commenced any other action or

proceeding or filed any claim involving the same issues or
matter in any court, tribunal, or quasi-judicial agency and, to
the best of my knowledge, no such action or proceeding is
pending therein;
b. If I should thereafter learn that the same or similar action or

proceeding has been filed or is pending before the Supreme
Court, the Court of Appeals or any other tribunal or quasi
judicial agency, I undertake to report such fact within five (5)
days therefrom to the court or agency wherein the original
pleading and sworn certification contemplated herein have
been filed.
7. I am executing this verification to attest to the truthfulness and

veracity of all the foregoing and for whatever legal intents and
purposes it may serve.
IN WITNESS WHEREOF, we have hereunto set my hand this ___ day of

________, 2022, in the City of Baguio, Philippines.
7
SUBSCRIBED AND SWORN to before me this 3rd day of
December 2022, in the City of Baguio affiant personally appearing before
me and exhibiting to me his valid PRC ID representing to me that he is one
and the same person who executed the foregoing.
JJL
Jezreel John Llanes
Notary Public for the City of Baguio
Until December 31, 2023
Commission Serial No. NP-2023-01
Roll of Attorney No. 82132, January 02, 2021
IBP Receipt No. 68612; 12-06-2023; Baguio City
PTR No. 2132132, 12-06-2023; Baguio City
MCLE Compliance No. V-918272 valid until March 09, 2023
Doc. No: 04;

Page No.01;
Book No. X
Series of 2023.
8
ANNEX “A”
9
10
ANNEX “B”
11
12
13
ANNEX “C”
14
15
ANNEX “D”
16
ANNEX “E”
17
ANNEX “F”
18

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Republic of the Philippines

First Judicial Region

MA. CONCEPCION DG.

GARY PAUL ABELA, Foreclosure of Real Estate

PLAINTIFF, herein represented by her husband and

1. Plaintiff Ma. Concepcion DG Asuncion, is of legal age, Filipino,

2. Plaintiff is represented herein by her husband, by virtue of a

3. Defendant Gary Paul Abela is of legal age, Filipino, widower and

4. Defendants Marcelo A. Abela and Adelyn Abela are spouses, both

AVERMENTS IN SUPPORT OF THE CAUSE OF ACTION

5. On September 14, 2017, Defendants executed a Deed of Real

6. Pursuant to the foregoing Deed of Real Estate Mortgage, the

Tax Declaration/ Assessment of Real Property No. 2010-03-02-01340

Property Index No : 009-03-002-11-074

Location : Barangay Alapang, La Trinidad,

Boundaries : North : National Road

Residential lot : 130 sq. m.

Total : 189 sq. m.

A copy of Tax Declaration of Real Property No. 2010-03-02-01340 is

7. Upon maturity of the Promissory Note on September 30, 2017, the

8. Desperate and frustrated by the inaction of the Defendants, the

9. Despite oral and formal demands, the defendant-mortgagor

DOCUMENTARY EVIDENCE IN SUPPORT OF THE

ANNEX NATURE OF PURPOSE

To prove that the Respondent,

TESTIMONIAL EVIDENCE IN SUPPORT OF THE COMPLAINT

ANNEX NAME OF WITNESS PURPOSE OF TESTIMONY

WHEREFORE, premises considered, plaintiff prays for judgment as

TANDERS LAW OFFICE

Charmie Ann Ferreria

Gary Paul Abela

Sps. Marcelo A. Abela and Adelyn Abela

I, MIGUEL S. ASUNCION, of legal age and a resident of 71 Del

1. I am the Attorney-in-Fact of the Petitioner in the above-stated

2. I have caused the preparation of the foregoing Petition;

4. The Petition is not filed to harass the respondent, cause

5. The factual allegations therein have evidentiary support or, if

6. I further certify that:

a. I have not heretofore commenced any other action or

b. If I should thereafter learn that the same or similar action or

7. I am executing this verification to attest to the truthfulness and

IN WITNESS WHEREOF, we have hereunto set my hand this ___ day of

Doc. No: 04;

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