REPUBLIC OF THE PHILIPPINES

SIXTH JUDICIAL REGION

REGIONAL TRIAL COURT
REGION 6
BRANCH 24, ILOILO CITY

SINGH FINANCE AND LENDING

represented by Mr. Jason Patel
Singh, Sole Proprietor and Mr.
Jay Patel Singh, Secretary

Plaintiffs.

-versus- CIVIL CASE NO. M-2017-283

For: Sum of money and damages

QUEENIE LIZA L. ARCANO

Defendants.
x------------------------------------------------x

COMPLAINT

COMES NOW Plaintiff, by counsel, unto this Honorable Court, most

respectfully states:

1. That plaintiff is a finance and lending firm duly existing under the
Laws of the Philippines, having its principal office at H. Montinola
Corner Muelle Loney Street, Iloilo City, 5000 Iloilo;

2. That defendant is QUEENIE LIZA L. ARCANO, of legal age, Filipino

citizen and residing at Riyadh St., Monte Rosa Residential Estate,
Mandurriao, Iloilo City, where she may be served with summons
and other Court processes;

3. That on October 15, 2016, the defendant obtained a loan from the
plaintiff in the sum of Seven Hundred Fifty Thousand Pesos
(P750,000.00) Philippine Currency, with the following terms and
conditions among others:

a. The principal loan obligation shall be payable in Three (3)

Months from time of execution of the agreement;
b. The principal loan obligation shall incur an interest of 36% per
month compounded; and
c. The loan was to mature on 31 January 2017.

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 4. That as a security for the loan, QUEENIE LIZA L. ARCANO has
mortgaged by way of Accommodation Mortgage a Condominium in
Iloilo City registered under the holding company of Henry Chuesuy
Holding Corporation. As evidence, a Xerox copy of the
Accommodation Mortgage dated October 15, 2016 is herewith
attached and marked as Annex “A” and made integral part hereof.

5. That the said loan is now overdue and despite demands made orally
and in writing by the plaintiff, defendant’s spouse refused and failed
to pay the amount as evidenced by the Demand Letter send by the
Plaintiff’s Legal Counsel, dated January 31, 2017, photocopy of which
is hereto attached as Annex “B” and made an integral part hereof.

PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable Court

that after due hearing, judgment be rendered in favor of plaintiff and
against the defendant in this manner.

1. Ordering the defendant to pay plaintiff the amount of Seven

Hundred Fifty Thousand Pesos (P750,000) Philippine
Currency, with interest thereon at the rate of 36% per month,
compounded from October 15,2016, and until the same is
fully paid; and

2. Ordering the defendant to pay the cost of this suit.

Plaintiff likewise prays for such other and further relief or reliefs as
this Honorable Court may deem just and equitable in the premises.

Iloilo City, Philippines, December 10, 2017.

BELLEZA ASSOCIATES LAW

OFFICE
Counsel for the Plaintiff.
4th Floor Courtyard Tower
Enterprise Road, Iloilo Business
Park, Mandurriao, Iloilo City, 5000
Iloilo

IBP No. 827847, 6/8/14, IC

PTR No. 576784, 6/8/16, IC
Attorney’s Roll No. 374435
MCLE Compliance No. 11-0989699
MCLE Compliance No. 111-006969

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 VERIFICATION AND CERTIFICATION OF
NON-FORUM SHOPPING

I, Ang Jason Patel Singh, of legal age, President of SINGH FINANCE

AND LENDING CORPORATION located at H. Montinola Corner Muelle Loney
Street, Iloilo City, 5000 Iloilo City, under oath, do hereby depose states
that:

1. I am the complainant in the said case;

2. I have caused the preparation of the same and I attest to the

veracity of all the allegations stated herein;

3. I have read and understood all the allegations herein and that I
attest to the authenticity and veracity of all the documents
attached herein as based on existing and authentic records;

4. I further certify that I have not commenced or filed any claim

involving the same issues herein with any other Court. Tribunal
or Quasi-Judicial Agency or I am not aware of any such other
case or claim pending before any other court, tribunal or quasi-
judicial agency; and

5. Should I thereafter learn of the filing or pendency of such similar

action or claim, I will inform this Honorable Court of such fact
within five (5) days from knowledge thereof.

IN WITNESS WHEREOF, I have hereunto affixed my hands this

10th day of December, 2017 at Iloilo City, Philippines.

Jason Patel Singh

Affiant

SUBSCRIBED and SWORN TO before me this 10th day of

December, 2017 at Iloilo City, Philippines, affiant exhibiting to me her CTC
# 2014123456 issued on 20th day of November at Iloilo City, Philippines.

NOTARY PUBLIC

Doc. No. __________

Page No. __________
Book No. __________
Series of 2017

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 Annex A

THIS ACCOMMODATION MORTGAGE

AGREEMENT EXECUTED BY AND BETWEEN:
[QUEENIE LIZA L. ARCANO], Filipino, of legal age, married and with
address at Riyadh St., Monte Rosa Residential Estate, Mandurriao, Iloilo
City, hereafter called the Debtor/Mortgagor;

– and –

[Mr. Jason Patel Singh], Filipino, of legal age, married, and a resident
of, hereafter called the Creditor/Mortgagee;

W I T N E S S E T H : That –

1. The Property. – The Property subject of this contract is a

condominium unit more particularly described as follows:

Transfer Certificate Of Title No. 22919-R _

2-bedroom unit, located at 18C, Grand Towers Condominium, Atria

District, Iloilo, with an area of SEVENTY EIGHT (78) SQUARE METERS
more or less, covered by Condominium Certificate Title No. 22919-R of
the register of Deeds of Iloilo City, registered in the name of Henry
Chuesuy Holding Corporation.;

together with all the improvements thereon, herein collectively

referred to as the Property.

2. The Loan. – Debtor/Mortgagor has obtained a loan from

the Mortgagee in the sum of Seven Hundred Fifty Thousand Pesos
(P750,000.00) subject to the terms and conditions hereunder
prescribed, to wit:

2.1. The loan shall be payable on or before 31 January 2017.

2.2. It shall bear interest at the rate of twelve percent (12%) per
annum payable every 15th day of the month corresponding to the month
for which interest is due.

2.3. The amounts due by way of interest payments shall be covered

by [three] (3) postdated checks of P250,000 each and the principal loan
of P750,000.00 shall also be covered by a postdated check dated 31
January 2017.

2.4. Failure and/or refusal or the Debtor/Mortgagor to pay two (2)

consecutive monthly interests (or when the checks are dishonored) shall
automatically make the principal loan of P750,000.00 due and
demandable, together with the unpaid interest, if any.

3. The Mortgage. – For and in consideration of the loan stated in

paragraph 2 hereof and by way of a security therefor,
the Debtor/Mortgagor hereby constitutes a ACCOMMODATION
MORTGAGE AGREEMENT on the Property in favor
of Creditor/Mortgagee, under the following terms and conditions:

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 Annex A

3.1. The mortgage shall secure the payment of the loan, together with
the unpaid interest, if any.

3.2. In case the maturity of the loan is extended, upon mutual

agreement in writing of the Parties, this mortgage shall be a continuing
security for the obligation/s of the Debtor/Mortgagor to
the Creditor/Mortgagee without the necessity of executing a new contract
of ACCOMMODATION MORTGAGE AGREEMENT.

3.3. If the Debtor/Mortgagor shall well pay and/or comply with his all
and every obligation under this Deed, then this mortgage shall cease to
have any force and effect. However, if the Debtor/Mortgagor shall fail
and/or refuse, for any reason whatsoever, to fully pay and/or comply with
all or any of his said obligations, then the Creditor/Mortgagee may
judicially or extrajudicially, at his option, foreclose the mortgage on the
property in accordance with law.

3.4. In case collection of any amount due under this mortgage

agreement is referred to a lawyer by the Creditor/Mortgagor,
the Debtor/Mortgagor is under obligation to pay the former twenty
percent (36%) of the amount due.

4. Expenses. – Expenses for notarial fees shall be for the account of

the Debtor/Mortgagor. All other expenses for the registration with the
appropriate office / the Register of Deeds shall be for the account of
the Creditor/Mortgagee.

5. The parties agree that all court actions concerning this Agreement
shall be brought before the proper courts of Quezon city or the city of
Makati to the exclusion of any other venue.

6. If any one or more of the provisions of this Agreement is declared

invalid or unenforceable, in any respect under any applicable law, the
validity, legality or enforceability of the remaining provisions contained
herein shall not in any way be affected or impaired.

IN WITNESS whereof, the Parties affixed their signatures this 15th day
of October 2017 in Iloilo City.

Signed:

QUEENIE LIZA L. ARCANO Mr. Jason Patel Singh

(Mortgagor) (Mortgagee)

Signed in the presence of:

_____________________________ ___________________________

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

) S.S.

x––––––––––––––––––––––x

BEFORE ME personally appeared:

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 Annex A

PERSONS ID

presenting their competent evidence of identity, known to me and to me

known to be the same persons who executed the
foregoing ACCOMMODATION MORTGAGE AGREEMENT and
they acknowledged to me that the same is their knowing, free and
voluntary act and deed.

This document relates to the mortgage of a parcel of land

registered under TCT No. 1495589 of the Registry of Deeds for IloIlo
City and consists of 3 (3) pages, including this page, each of which had
been signed by the Parties an d their instrumental witnesses.

WITNESS my signature and notarial seal this 15th day of October 2016.

Doc. No. 21;

Page No. 3;

Book No. I;

Series of 2016.

BELLEZA ASSOCIATES LAW

OFFICE
Counsel for the Plaintiff.
4th Floor Courtyard Tower
Enterprise Road, Iloilo Business
Park, Mandurriao, Iloilo City, 5000
Iloilo

IBP No. 827847, 6/8/14, IC

PTR No. 576784, 6/8/16, IC
Attorney’s Roll No. 374435
MCLE Compliance No. 11-0989699

6
 Annex B

LETTER OF DEMAND
QUEENIE LIZA L. ARCANO
Riyadh St., Monte Rosa Residential Estate,
Mandurriao, Iloilo City

February 10, 2017

Madam:

We write in behalf of our client, SINGH FINANCE AND LENDING, Inc.,

the matter of your non-payment of your obligation.

Records disclose that you have an outstanding obligation with our client in
the amount of Php750,000.00 inclusive of interest and surcharges. Despite
repeated demands, you failed and continuously fail to pay the aforesaid
amount.

Accordingly, FINAL DEMAND is hereby made upon you to settle the

amount of Php750,000.00 within TEN (10) days from receipt of this
letter. Otherwise, we will be constrained to file the necessary legal action
against you to protect the interest of our client.

We trust that you will give this matter your prompt and preferential
attention to avoid the expense and inconvenience of litigation.

Truly yours,

ATTY. JUAN C. DELA CRUZ

BELLEZA ASSOCIATES LAW

OFFICE
Counsel for Mr. Jason Patel Singh
4th Floor Courtyard Tower
Enterprise Road, Iloilo Business
Park, Mandurriao, Iloilo City, 5000
Iloilo

IBP No. 827847, 6/8/14, IC

PTR No. 576784, 6/8/16, IC

7
 Attorney’s Roll No. 374435
MCLE Compliance No. 11-0989699