Ja- Demetria Puno.docx

Republic of the Philippines MUNICIPAL TRIAL COURT 11th Judicial Region Branch 5, Davao City HEIRS OF LUNA ARAW, HEREIN REPRESENTED BY SONRISA ARAW,

CIVIL CASE No. 14344-19 FOR: FORCIBLE ENTRY

Plaintiff. -versusMANUEL VANTES, REYNALDO VANTES, NOEL VANTES AND LUDO VANTES, Defendants. x-----------------------------------------------------------x

JUDICIAL AFFIDAVIT OF RHODORA N. IDORA – DEFENDANTS’ WITNESS Witness: RHODORA N. IDORA, of legal age, Filipino, Register of Deeds of Davao City, with office address LRA Blg., Bolton St., cor. Pichon St., Davao City. Examining Lawyer: KAMILLE LIZA BUHAY (insert office address) Place of Examination: (insert office address) Formal Offer: Your Honor, we are offering the testimony of Rhodora N. Idora, the Register of Deeds in Davao City, to prove that the alleged sale between Zoilo Vantes and Luna Araw, as alleged by the plaintiff Sonrisa Araw is not recorded in the primary entry book or day book of the Registry of Deeds, and that the Original Certificate of Title No. 2991, issued in the name of Luis Vantes, does not contain any annotation of the same. I, RHODORA N. IDORA, of legal age, Filipino, married, Register of Deeds of Davao City, with office address LRA Blg., Bolton St., cor. Pichon St., Davao City, and a resident of Executive Homes, Bo. Pampanga, Davao City, after having been sworn in accordance with law, hereby state that: I am answering the questions propounded by counsel, Atty. Kamille Liza Buhay, fully conscious that I am under oath and that I may face criminal liability for false testimony or perjury;

This Judicial Affidavit is written in English, a language known and understood by me, and the examination and execution thereof were done at insert office address; and This Judicial Affidavit shall serve as my direct testimony in this case.

Q1:

Ms. Witness, you mentioned that you are the Register of Deeds in Davao City. As such, what are your duties and responsibilities?

A1:

I have several administrative functions, but it is primarily the keeping of certificates of title of real property, as well as the recording of transactions involving such properties.

Q2:

In the course of your duty, do you recall the name of Manuel Vantes?

A2:

Yes. He requested my office for a certified true copy of OCT No. 2991.

Q3:

I will be showing you a document. Are you familiar with this?

A3:

Yes. This is the certified true copy of OCT No. 2991 that was issued by my office when it was requested by Manuel Vantes.

Q4:

What does the document state?

A4:

Well, aside from the technical description of the land, this title shows that it was issued in favor of Mr. Luis Vantes on October 13, 1941. Manifestation: Your Honor, we would like to manifest that this document was pre-marked during the Pre-Trial as Exhibit ____ for the defense.

Q5:

Other than the date of issuance of the OCT and the land’s technical description, are there any annotations in this title?

A5:

No, there are none.

Q6:

If there had been any transaction involving this property, what should have the parties done?

A6:

Well, they should have informed our office. They should have registered the transaction . . . submit a copy of the document evidencing the transaction, so that it could be annotated in the title.

Q7:

What other records does your office have to show that the alleged sale was, in fact, not recorded in the Registry of Deeds?

A7:

We record all transactions, such as sale and mortgages, in our primary entry book or day book.

Q8

Do you have with you a copy of the day book for transactions on alleged date of sale?

A8:

Yes. I brought with me a certified true copy of page 97, Book 320. This page contains all the registered transaction on date. Manifestation: Your Honor, we would like to manifest that this document was pre-marked during the Pre-Trial as Exhibit ____ for the defense.

Q9:

Can you please tell the court what does the document show in relation to the current case?

A9:

There is nothing. No transactions involving OCT. No. 2991 is recorded on the day book.

IN WITNESS WHEREOF, I hereunto set my hand below this 6th day of January 2018 at Davao City, Philippines.

RHODORA N. IDORA Affiant ATTESTATION OF COUNSEL I, ATTY. KAMILLE LIZA BUHAY, of legal age, counsel for the Defendants, with office address ________, Davao City, after having been sworn to in accordance with law, hereby attest that: 1. I am the examining lawyer in the foregoing Judicial Affidavit. 2. I faithfully recorded the questions that I asked and the corresponding answers that the witness gave in her Judicial Affidavit. 3. Neither I nor any other person then present or assisting me coached the witness regarding the latter’s answer. IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of January, 2018 at Davao City.

KAMILLE LIZA BUHAY Affiant SUBCRIBED AND SWORN to me this 7th day of January 2018 at Davao City, Philippines. Affiants exhibited to me their respective competent evidences of identity: RHODORA N. IDORA, her GSIS Multipurpose ID No. 123-1234-1234-1, and KAMILLE LIZA BUHAY, her IBP ID No. 12345; thus satisfactorily having proved their identities to me.

Doc No.: ____ Page No.: ____ Book No.: ____ Series of 2018.

NOTARY O. PUBLICO

Copy Furnished: Atty. Name of plaintiff’s counsel CERTIFIED TRUE COPY OF O.C.T. NO. 2991