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Republic of the Philippines
Ninth Judicial Region
Municipal Trial Court
xxxx City, Branch 3

Artemio Perez, Enrique Perez,
and Mariano Perez, All Minors,
assisted by Juanita Perez, guardian
Plaintiffs,
Civil Case No. 5678
- versus -

For: Breach of Contract

Martha Ferrer,
Defendant
x ----------------------------------------------- x

COMPLAINT
COMES NOW, the plaintiff through undersigned counsel to
this Honorable Court, most respectfully states that:
1. Plaintiffs are all minors assisted by Juanita Perez, their
guardian, the latter of legal age, Filipino, widow, all residents of
Camino Nuevo, Zamboanga City, Philippines.
Defendant is a Filipino, of legal age, single, resident of
Tetuan, Zamboanga City, Philippines, also the mother of the
plaintiffs-minor children.
2. Plaintiffs and defendant are co-owners of a house and lot
located at 123 Camanchile Drive, Zamboanga City, Philippines,

2 donated by Rolando Perez. 5. Zamboanga City. from whom the parties descended and traced their claim of ownership and right of possession. After the execution of the mortgage contract by and between the defendant and mortgagee-bank. 6. the father of the plaintiffs-minor children. A copy of the Deed of Donation is herein attached as Annex A. on behalf of the minor children. the defendant mortgaged the said properties to secure her personal loan. while plaintiffs are possessing and occupying the premises. Other just and equitable reliefs are also prayed for. premises considered. Sometime in January 2011. 13 August 2015 . defendant left for abroad. signed for and on behalf of the minors. leaving the custody of her children to herein plaintiff. is constrained to secure the services of counsel and file this complaint. WHEREFORE. The defendant. plaintiff respectfully prays that judgment be rendered ordering defendant to pay the plaintiffs moral. the plaintiff. A copy of the Contract of Mortgage is attached as Annex B. 4. and Attorney’s fees. 7. they were informed by the mortgageebank that the same are subject to foreclosure. to the detriment of the rights and interests of the minor co-owners over the said properties. compensatory and nominal damages. to consent such disposition. Two years later. Due to defendant’s breach of trust in the management of the co-owned properties. 3. Juanita Perez. being the mother of the co-owners.

and a resident of Camino Nuevo. no such other action or claim is pending therein. or quasijudicial agency. I shall report that fact within five (5) days therefrom to the Court wherein the aforesaid complaint or initiatory pleading has been filed. 4.3 Counsel for plaintiff La Purisima Street. Zamboanga City Philippines VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING I. 3. widow. That I have caused the preparation of said complaint. That I have not theretofore commenced any action or filed any claim involving the same issues in court. That I am the plaintiff in the above entitled complaint. . depose and say: 1. of legal age. and to the best of my knowledge. and that the same and true and correct of my personal knowledge and/or based on authentic records. after having been duly sworn to under oath. and if I should thereafter learn that the same or similar action or claim has been filed or is pending. Zamboanga City. Juanita Perez. That I have read the allegations therein contained. 2. Philippines. tribunal.

123456789-0 issued on January 10. Philippines. affiant appearing before me with her CTC No. Juanita Perez Affiant SUBSCRIBED AND SWORN to before me. Notary Public Until December 31. a notary public. Philippines. 2015.4 Witness my hand this 13th of August 2015 at Zamboanga City. this thirteenth day of July 2015. at Zamboanga City. 2015 . and who signed said document in my presence and sworn as to said document that she understood the contents thereof and that the same was his free and voluntary act and deed.

02 Page No. 01 Book No. I Series of 2015 .5 Doc. No.

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