Republic of the Philippines

Regional Trial Court

7th JUDICIAL REGION
Branch 66, Talisay City,Cebu
Lenin G. Conay,
Plaintiff,
CIVIL CASE NO. 12345.
- versus -

For: Injunction against

Foreclosure of Real
Estate Mortgage

Northwest Banking, Inc.,

Defendant.
X- - - - - - - - - - - - /
COMPLAINT
The
plaintiff,
through
respectfully states that:

the

counsel,

1. Lenin G. Conay is a Filipino citizen, of

legal age, and resident of Sitio Tres, Barangay
Dumlog, Talisay City, Cebu, Philippines.
2. The defendant, Northwest Banking, Inc., is
a duly licensed banking institution operating under
the laws of the Philippines, with head office
address at unit 9, 2nd floor, Star Mall Mall,
Lawaan City, Cebu, Philippines.
3. On February 4, 2016, plaintiff applied for
a loan with the defendant bank for eight hundred
thousand pesos (P800,000.00) which defendant bank
approved with the condition that plaintiff will
mortgage his property as form of security for the
loan, and to pay forty-one thousand, three hundred
thirty three and thirty three cents (P41,333.33)
monthly for two years, starting from February 11,
2016. Plaintiff executed a promissory note (Annex
A) following the said terms and conditions.
Plaintiff likewise executed a real estate mortgage
over his titled property TCT No. 58023 to secure
the loan (Annex B).
1

4. On February 11, 2016, the plaintiff fully

paid his loan to defendant bank.
5. On February 20, 2016, defendant bank
demanded
from
plaintiff
to
pay
the
monthly
amortizations of October, November and January,
2015. According to defendant bank, plaintiff failed
to pay.
6. On February 21, 2016, plaintiff went to
defendant bank and showed his receipts to prove
that he fully paid his loan on February 11, 2016.
But defendant bank refused to listen and insisted
for the payment of said amortizations.
7. On March 6, 2016, plaintiff read in the
local news paper which published the notice of
auction sale over his real property (TCT No.
58023), which was set on April 13, 2016 (Annex C).
8. The notice of auction sale published in the
local
news
papers,
caused
embarrassment,
humiliation, anxiety, trauma, and sleepless nights
to
plaintiff.
As
such,
defendant
should
be
condemned to pay plaintiff five hundred thousand
pesos
(P500,000.00)
as
moral
damages
which
plaintiff suffered.
9. To set an example to defendant bank for
filing a baseless and malicious suit against
plaintiff, defendant bank should likewise be
condemned to pay plaintiff one hundred thousand
pesos (P100,000.00) as exemplary damages.
10. Defendant banks act to extrajudicially
foreclosure
plaintiffs
property,
despite
plaintiffs full payment to the loan, forced
plaintiff to litigate and hire the services of
undersigned counsel. As such, defendant bank should
be condemned to pay plaintiff all costs of
litigation including attorneys fees in the amount
of fifty thousand pesos (P50,000.00).
11. Continuing and executing the auction sale
over
plaintiffs
titled
property
will
cause
irreparable injury to plaintiff through loss of
ownership and possession over his property. Thus,
plaintiff is entitled to injunctive relief by
restraining defendant bank and the sheriff from
2

further executing the auction sale of plaintiffs

property.
Wherefore, it is most respectfully prayed of
the Honorable Court to order the following:
1. The issuance of a restraining order to
enjoin
defendant
bank,
Northwest
Banking, Inc., and the sheriff from
further executing the auction sale
over plaintiffs titled property (TCT
No. 58023).
2.The defendant bank to
the following amounts:
a.Five hundred
(P500,000.00)
damages.

pay

thousand
as

plaintiff
pesos
moral

b.One hundred thousand pesos

(P100, 000.00) as exemplary
damages.
c.Fifty thousand pesos (P50,
000.00) for litigation costs
and attorneys fees.
3.Other equitable forms
likewise prayed for.

of

relief

Respectfully submitted on March

Talisay City, Cebu, Philippines, by:

16,

are
2016,

ATTY. LLEINA CANOY-JAMERO

Roll of Attorneys No. 111111
- May 8, 2013
Counsel for the plaintiff
Unit 1, DMD Building, IT
Park, Cebu City, Cebu,
Philippines
IBP No. 101010 (01/17/2016)
PTR No. 010101 (01/17/2016)
MCLE Compliance No. 143443

Republic of the Philippines )

City of Cebu
) S. S.
VERIFICATION AND CERTIFICATION
AGAINST FORUM SHOPPING
VERIFICATION
I, Lenin G. Conay, legal age, Filipino
citizen, and resident of Sitio Tres, Barangay
Dumlog, Talisay City, Cebu, Philippines, after
having been duly sworn to in accordance with law,
do hereby depose and say, that:
1. I am the petitioner in the instant case;
2.I have read the foregoing Petition and the
allegations therein are true and correct to my
own knowledge;
3.I attest to the authenticity of the annexes
thereof.
CERTIFICATION
I certify that:
a. I have not commenced any other action or
proceeding involving the same issues in
the Supreme Court, the Court of Appeals,
or different Divisions thereof, or any
other tribunal or agency.
b. No such action or proceeding is pending in
the Supreme Court, the Court of Appeals,
or different Divisions thereof, or any
other tribunal or agency.
c. If I should learn that a similar action or
proceeding has been filed or is pending
before the Supreme Court, the Court of
Appeals, or different Divisions thereof,
or any other tribunal or agency, I hereby
undertake to notify this Honorable Court
within five (5) days from such notice.

LENIN G. CONAY
Subscribed and sworn to me this 16th day of
March, 2016 in Talisay City, Cebu, Philippines,
Lenin G. Conay with his TIN No. 12-123-345-6-000.

Doc No. 123

Page No. 12
Book No. 5
Series of 2016.

ATTY. LLEINA CANOY-JAMERO

Roll of Attorneys No. 111111
- May 8, 2013
Unit 1, DMD Building, IT
Park, Cebu City, Cebu,
Philippines
Notary Public
Until December 31, 2016
Notarial Commission No. 1234
- Cebu City
IBP No. 101010 (01/17/2016)
PTR No. 010101 (01/17/2016)
MCLE Compliance No. 143443