Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Branch 81, Quezon City

MILLER ENG-AN CHUA

Plaintiff,

Civil Case No. 1

ANNULMENT AND/OR DECLARATION OF
NULLITY OF:
(A)PETITION/APPLICATION FOR EXTRA-
JUDICIAL FORECLOSURE UPON
TRANSFER CERTIFICATE OF TITLE NO. T-
12345 OF THE REGISTRY OF DEEDS FOR
QUEZON CITY; (B) REAL ESTATE
MORTGAGE; (C) NOTICE OF SHERIFF
SALE; (D) AFFIDAVIT OF PUBLICATION;
(E)CERTIFICATE OF POSTING; (F)
CERTIFICATE OF RAFFLE; (G) MINUTES OF
AUCTION SALE; (H) BID; (I) CERTIFICATE
OF SALE; (J) AFFIDAVIT OF
CONSOLIDATION OF TITLE; and (K)
TRANSFER CERTIFICATE OF TITLE NO. T-
45678

- versus -

BANK OF TAYUMAN and BAMBANG BANK

and REGISTER OF DEEDS OF QUEZON
CITY
Defendants.
x-----------------------x

FORMAL OFFER OF EVIDENCE

Complainant MILLER ENG-AN CHUA by counsel, respectfully comments
and/or objects to the Specific Purposes of the formal offer of exhibits as follows:

EXHIBIT DESCRIPTION COMMENTS/OBJECTIONS

1 Loan Guidelines of Defendant MILLER ENG-AN CHUA, by
BAMBANG BANK counsel admits the existence
and authenticity of said exhibits,
but objects to the purpose to
which it was offered for being
self-serving, misleading,
immaterial and irrelevant.

The Loan Guidelines of

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Defendant BAMBANG BANK

does not prove that defendant
Bambang Bank observed
extraordinary diligence in
its dealing with Plaintiff
Chua; It is just a
statement of policy and
guidelines relative to the
approval of loans.
2 Special Power of Attorney (SPA) MILLER ENG-AN CHUA, by
granting authority to Erickson counsel denies the existence and
Luz to enter into a loan with authenticity of said exhibits.
mortgage with Defendant
BAMBANG BANK, notarized on The Special Power of Attorney
November 8, 2014 (SPA) granting authority to
Erickson Luz to enter into a
loan with mortgage is a falsified
document; Plaintiff Chua
did not execute such
document.
3 Loan and Real Estate Mortgage MILLER ENG-AN CHUA, by
entered into by Plaintiff Miller counsel denies the existence and
Eng-An Chua through his agent authenticity of said exhibits.
Erickson Luz, applied for on
October 28, 2014 The Special Power of Attorney
(SPA) granting authority to
Erickson Luz to enter into a
loan with mortgage is a falsified
document; Plaintiff Chua
did not execute such
document.
4 Tax Declarations of the House MILLER ENG-AN CHUA, by
and Lot in the name of Plaintiff counsel admits the existence
Miller Eng-An Chua and authenticity of said exhibits
and the purpose to which it was
offered.
5 Sketch Plan of the subject MILLER ENG-AN CHUA, by
property owned by Plaintiff counsel admits the existence
and authenticity of said exhibits
and the purpose to which it was
offered.
6 Waiver of Confidentiality and MILLER ENG-AN CHUA, by
Consent to authorize Defendant counsel denies the existence and
BAMBANG BANK to inquire to authenticity of said exhibits.
Plaintiffs tax records before the Plaintiff Chua did not
Bureau of Internal Revenue (BIR) execute such document.
 3

7 Demand Letter sent by Defendant MILLER ENG-AN CHUA, by

BAMBANG BANK to Plaintiff
due to non-payment of six (6)
amortizations
8 1st Notice of Default sent by
Defendant BAMBANG BANK
on August 7, 2016
9 2nd Notice of Default sent by
Defendant BAMBANG BANK
on August 21, 2016
counsel admits the existence
and authenticity of said exhibits,
but objects to the admission and
to the purpose to which it was
offered for being self-serving,
misleading, immaterial and
irrelevant.
The Demand Letters and Notice
of Default are fruits of falsified
document.

10 Application for Extrajudicial MILLER ENG-AN CHUA, by

Foreclosure of Real Estate
Mortgage dated September 5,
2016
11 Notice of Extrajudicial Sale dated
September 19, 2016
12 Certificate of Extrajudicial Sale
dated December 8, 2016
13 Affidavit of Publication dated
February 10, 2017
counsel admits the existence
and authenticity of said exhibits,
but objects to the admission and
to the purpose to which it was
offered for being self-serving,
misleading, immaterial and
irrelevant.
The Demand Letters and Notice
of Default are fruits of falsified
document.

14 Judicial Affidavit of Ms. Daley MILLER ENG-AN CHUA, by

Rose Limosinero, Branch counsel admits the existence
Manager of Defendant and authenticity of said exhibits,
BAMBANG BANK but objects to the admission and
to the purpose to which it was
offered for being self-serving,
misleading, immaterial and
irrelevant.

15 Judicial Affidavit of Mrs. Bing MILLER ENG-AN CHUA, by

Diestro-Aquino, Appraiser for counsel admits the existence
Defendant BAMBANG BANK and authenticity of said exhibits,
but objects to the admission and
to the purpose to which it was
offered for being self-serving,
misleading, immaterial and
irrelevant.

16 Appraisers Report dated January MILLER ENG-AN CHUA, by

5, 2015 counsel admits the existence
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and authenticity of said exhibits,

but objects to the purpose to
which it was offered.

Appraisers Report dated

January 5, 2015 is a mere scrap
of paper because the appraiser
who issued the report has not
been established as competent
to do so.
17 Transfer Certificate of Title T- MILLER ENG-AN CHUA, by
13245 counsel denies the existence and
authenticity of said exhibits
18 Real Estate Appraisal Certificate MILLER ENG-AN CHUA, by
dated December 28, 2014 counsel denies the existence and
authenticity of said exhibits

RELIEFS

WHEREFORE, MILLER ENG-AN CHUA respectfully prays that this Honourable

Court deny the Admissions of the foregoing exhibit offered by defendant BAMBANG
BANK for the reason stated above.

MILLER ENG-AN CHUA further prays for such other reliefs just and equitable
under the premises.

PEARSON SPECTER & ASSOCIATES

Counsel for Plaintif
7 Floor, ABC Bldg., 1000 Mayon St. corner
th

Dapitan, Quezon City

Tel. Nos. 5238268 to 70
Fax No. 521-3827

By: ATTY. JACQUELINE RACHEL G. LIU

Roll No. 002410-2009
IBP No. 901824-1 5/21/09
PTR No. 298213-2 4/2/10
MCLE Compliance III No. 9812
Issued on June 10, 2016