REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT 11TH Judicial Region Branch 30 Tagum City, Davao del Norte IN RE: PETITION FOR ISSUANCE OF NEW OWNER’S DUPLICATE COPY OF TRANSFER CERTIFICATE OF TITLE NO. T-170669 IN LIEU OF THE LOST ONE Petitioner, -versus- LRC CASE NO. 834-19 THE REGISTER OF DEEDS FOR THE PROVINCE OF DAVAO DEL NORTE, Public Respondent. x----------------------------------------------x JUDICIAL AFFIDAVIT OF EDIOSO E. VENTIC I, Edioso E. Ventic, a Filipino, of legal age, married and a resident of 4667 Lapu-Lapu Extension, Digos, Davao del Sur, Philippines, under oath, depose: I CERTIFY that the taking of this Affidavit was conducted by Atty. Jonathan O. Tabugon at Piccio Building, Jose Abad Santos St., Magugpo Central, Tagum City, Davao del Norte. It is prepared in English language which I know and understand. I am answering the questions asked of me fully conscious that I am doing it under oath, and that I may face criminal liability for false testimony or perjury. QUESTIONS AND ANSWERS 1. Q: Are you aware that you are under oath? A: Yes. I am aware of that sir. 2. Q: Why are you here now? A: In order to prove the merits of the petition I filed for the issuance of a new owner’s duplicate copy of Original Certificate of Title No. T-170669 in lieu of the lost one. 3. Q: Do you know MILDRED E. DELA CERNA? A: Yes sir. She is the Vendor that sold me the property with the Original Certificate of Title No. T-170669. 4. Q: Do you have proof of this Original Certificate of Title No. T170669? A: Yes sir. 5. Q: I am showing to you this Original Certificate of Title No. T170669 is this the same Certification you are referring to? A: Yes sir. 6. Q: I am attaching this Original Certificate of Title No. T-170669 to your Judicial Affidavit as Exhibit “A”. Do you confirm my action? A: Yes sir. 7. Q: Are you the same owner of the property? A: Yes sir. 8. Q: Do you have proof of ownership on the said property? A: Yes. I am the owner as proven by this Deed of Absolute Sale. 9. Q: I am showing you this DEED OF ABSOLUTE SALE. Is this the same DEED OF ABSOLUTE SALE you are referring to? A: Yes sir. It is the same. 10. Q: I am attaching this DEED OF ABSOLUTE SALE to your Judicial Affidavit as Exhibit “B”. Do you confirm my action? A: Yes sir. 11. Q: You filed this petition claiming that the owner’s duplicate copy of the Original Certificate of Title No. T-170669 had been lost. Did you previously execute a sworn statement regarding such loss? A: Yes sir. I have previously executed an affidavit of Loss. 12. Q: I am showing to you this Affidavit of Loss dated 02 August 2019, and this Certified true copy of Original Certificate of Title No. T170669. Are these the same Affidavit of Loss and Certificate of Title of the property you are referring to? A: Yes sir. 13. Q: I attaching this Affidavit of Loss dated 02 August 2019, and this Certified true copy of Original Certificate of Title No. T-170669 to your Judicial Affidavit as Exhibit “B” and Exhibit “C”. Do you confirm my action? A: Yes sir. 14. Q: Is the above-identified Certificate of Title presently under any lien or encumbrance? A: No. Sir. 15. Q: Do you have any proof? A: Yes sir. The Certification issued by the Registry of Deeds, Tagum City to the effect that the same Certification of Title is INTACT and free from liens and encumbrancer sir. 16. Q: I am showing to you this Certification dated 19 September 2019, is this the same Certification you are referring to? A: Yes sir. 17. Q: I am attaching this Certification to your Judicial Affidavit as Exhibit “D”. Do you confirm my action? A: Yes sir. 18. Q: Is the property covered by the above property covered by the above-identified Certificate of Title presently subject to any litigation, cadastral proceeding and/or civil case? A: No sir. 19. Q: Do you have any proof of that? A: Yes sir. Here is the Certification issued by the Office of the Clerk of Court, Tagum City. 20. Q: I am showing to you this Certification dated 25 September 2019, is this the same Certification you are referring to? A: Yes sir. 21. Q: I am attaching this Certification to your Judicial Affidavit as Exhibit “E”. Do you confirm my action? A: Yes sir. 22. Q: Do you have any other proof of ownership on the abovementioned property? A: Yes sir. I have a Tax Declaration of Real Property. 23. Q: I am showing to you this Tax Declaration of Real Property issued on 18 OCTOBER 2019, is this the same document that you are referring to? A: Yes sir. 24. Q: I am attaching this Tax Declaration of Real Property to your Judicial Affidavit as Exhibit “F”. Do you confirm my action? A: Yes sir. 25. Q: So what do you pray of the Honorable Court? A: I most respectfully pray of the Honorable Court that my petition be GRANTED, and an Order be issued directing the Register of Deeds, Tagum City to issue a new Owner’s Duplicate Copy of Transfer Certificate of Title No. T-120669 in lieu of the lost one. 26. Q: Is there anything else you want to add? A: None sir. IN WITNESS WHEREOF, I have hereunto set my hands this 12th of November, 2019 at Tagum City, Davao del Norte. Edioso E. Ventic Affiant SUBSCRIBED AND SWORN TO before me this 12th day of November 2019 at Tagum City, Davao del Norte, Philippines. ATTESTATION I, Atty. Jonathan O. Tabugon, of legal age, Filipino and with office address at Piccio Building, Jose Abad Santos St., Magugpo Central, Tagum City, Davao del Norte, after having been sworn in accordance with law, hereby depose and say that: (a) I am the Counsel of the Petitioner Edioso E. Ventic in Land Registration Case Nos. 834-19 before RTC, 11th Judicial Region, Branch 30, Tagum City, Davao del Norte; (b) That I faithfully recorded or caused to be recorded the questions I asked and the corresponding answers of the witness Christopher Buot Diamante; and (c) That neither I nor any other person then present or assisting me coached the witness regarding his answers to the questions I propounded to him. I attest to the truth of the foregoing circumstances. IN WITNESS WHEREOF, I have hereunto set my hands this 12 th day of November 2019 at Tagum City, Davao del Norte, Philippines. Atty. Jonathan O. Tabugon Affiant SUBSCRIBED AND SWORN TO BEFORE ME this 12 th day of November 2019 at Tagum City, Davao del Norte, Philippines. Doc No. ____ Page No. ___ Book No. ___ Series of 2019.
