Escolar Documentos
Profissional Documentos
Cultura Documentos
WAYLAN BASUNGIT,
Petitioner,
Position Paper
Respondent, through counsel, and unto this Honorable Court respectfully states:
Statement of Facts
On the same date, Karla, in order to secure the payment of such loan,
executed a Real Estate Mortgage (REM) in favor of Waylan Basungit. The
REM is covered by Transfer Certificate of Title No. 167965, including all
improvements thereon, and more particularly described as follows:
The aforesaid Real Estate Mortgage was duly registered with the Office
of the Register of Deeds of the Province of Benguet on the 24 th day of May
2016. A copy of TCT No. 167965 is attached as ANNEX C and made an
integral part hereof;
Karla faithfully complied to her obligation, in fact, she has paid the
entire amount due to him, to Waylans agent, AMARRA ROBLES, who was
authorized by Waylan to receive payment by virtue of the Special Power of
Attorney (ANNEX A) granted to MS. ROBLES. Respondent has complied
with the Loan Agreement and in actuality, has paid twice the amount of her
monthly dues from July 09, 2016 to December 09, 2016, as evidenced by the
receipts (ANNEX B to G) issued by the petitioners agent;
Respondent also denies having received the demand letters and having
requested any extension for the payment of her dues as she believed in good
faith that petitioners agent had been remitting respondents payments to the
petitioner;
Respondent met with petitioners agent on January 6, 2017 and told the
agent of her plan to file a Petition for the Cancellation of the Real Estate
Mortgage. Respondent also, gave a letter (ANNEX H) to petitioners agent
addressed to the petitioner informing the latter of the same.
Discussion
The petitioner in this case has no cause of action to foreclose the
property. Foreclosure is the process by which a property covered may be
subjected to sale to pay demand for which mortgages stand as security (Pacific
Commercial Co. v. Alvarez, 38 OG 758). Foreclosure is the necessary
consequence of non-payment of mortgage indebtedness. The mortgage can be
foreclosed only when the debt remains unpaid at the time it is due (Producers
Bank v. CA, GR No. 111584, 17 Sept. 2001; Govt of the PI v. Espejo, 57 Phil
496) or in case of default in the payment of obligation (PNB v. CA, GR No.
126908, 16 Jan. 2003; Chinabank v. CA, 265 SCRA 327 [1996])
PRAYER
Such other reliefs and remedies which may be just and equitable under
the circumstances are likewise prayed for.
Copy Furnished
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VERIFICATION AND CERTIFICATION FOR
NON-FORUM SHOPPING
3. I have read the allegations contained therein and hereby certify that they are
true and correct to my knowledge and based on the true records of the case;
4. I hereby certify that I have not filed or caused to be filed any other case or
proceeding involving the same issues or subject matter in the Supreme Court,
the Court of Appeals, or any other Court, tribunal or quasi-judicial agency, and
to the best of my knowledge, no such action or claim is pending therein;
5. Should hereafter I learn that there is a similar pending before any such
Courts, tribunal or agency, I undertake to report such fact tot his agency within
five (5) days from such knowledge;