Judicial Affidavit Franklin Agnir.docx

REPUBLIC OF THE PHILIPPINES SECOND JUDICIAL REGION

REGIONAL TRIAL COURT SANCHEZ MIRA, CAGAYAN BRANCH 12 IN MATTER OF THE PETITION FOR ISSUANCE OF OWNER’S DUPLICATE ORIGINAL of LRC/ADM Case No.:4564-S-CvORIGINAL CERTIFICATE OF 18 Reconstitution of lost OCT TITLE NO. O-1198(s) of the Register of Deeds for the Province of Cagayan, IN LIEU OF THE LOST ONE, FRANKLIN A. AGNIR, Petitioner, - vs – THE REGISTER OF DEEDS for the Province of CAGAYAN, Respondent. x- - - - - - - - - -- - - - - - - - - - - - --x

AFFIDAVIT IN THE FORM OF QUESTION AND ANSWER IN LIEU OF DIRECT TESTIMONY --------------------------OFFER OF TESTIMONY: The testimony of the witness FRANKLIN AGNIR, is being offered to establish the fact that the Owner’s Duplicate Original of ORIGINAL CERTIFICATE OF TITLE NO. O-1198 of the Register of Deeds for the Province of Cagayan, was lost. He will testify on the earnest efforts made to locate said title and the futility of the same. In establishing the material allegations of the Petition, the witness will also testify on the annotations or encumbrances on the subject title as well as on other matters directly related to the petition at bar.

COMPLIANCE In compliance with Section 3, of Administrative Matter No. 12-8-8SC, otherwise known as the Judicial Affidavit Rule, herein Affiant avers: 1. Affiant is of legal age, Filipino, married, and a resident of Barangay Union, Claveria, Cagayan.

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2. The counsel who supervised the preparation of this Judicial Affidavit is ROTCIV R. CUMIGAD, bearing roll number 68067 and the said Judicial Affidavit has been prepared through a series of interviews in the office of counsel at ADVIENTO LAW CENTER, Peralta Building, Centro 1, Sanchez Mira, Cagayan; and 3. Affiant is responding to the questions propounded fully conscious and under oath and has been made aware that any false statement herein subjects his to criminal liability for false testimony or perjury.

WARRANTY ON AUTHENTICATION OF DOCUMENTS In compliance with Section 2 (b) of Administrative Matter No. 12-88-SC, otherwise known as the Judicial Affidavit Rule, herein Affiant further warrants that the copies of the Exhibits herein promised to be attached or submitted separately have been duly identified, authenticated and marked and that the same are faithful reproductions of the originals. REPUBLIC OF THE PHILIPPINES ) Municipality of SANCHEZ MIRA ) Province of CAGAYAN ) S. S.

JUDICIAL AFFIDAVIT I, FRANKLIN A. AGNIR, of legal age, Filipino, married, with residence Barangay Culao, Claveria, Cagayan, having been duly sworn to in accordance with law, do hereby depose and state: ATTY. CUMIGAD: The testimony of the witness FRANKLIN A. AGNIR , is being offered to establish the fact that the Owner’s Duplicate Original of ORIGINAL CERTIFICATE OF TITLE NO. O-1198(s) of the Registry of Deeds for Sanchez Mira, Province of Cagayan, was lost. He will testify on the earnest efforts made to locate said title and the futility of the same. In establishing the material allegations of the Petition, the witness will also testify on the annotations or encumbrances on the subject title as well as on other matters directly related to the petition at bar. Question 1:

Mister Witness, what is your work?

Answer 1: I am a farmer, Sir.

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Q 2: Why are you here? A 2: To pursue the reconstitution of the lost title or owner’s duplicate original of the title of the property of Wenceslao A. Agnir, Sr., and Cristina I. Agnir, Sir. Q 3: Specifically what property? A 3: It is in the Petition, Sir. Q 4: Wait, let us go over the Petition first. There is a Petition attached to the case folder. Is this the Petition you are referring to? A 4:

Yes, Sir.

ATTY. CUMIGAD: I shall now mark the Petition as Exhibit “A” (Counsel marks the Petition as Exhibit “A”.) Q 5:

Can you now please tell me the specific land that is the subject of this case?

A 5:

It is a land covered by Owner’s Duplicate Original of Original Certificate of Title Number O-1198(s) of the Register of Deeds of Cagayan, Sanchez Mira Branch, Sir.

Q 6:

Mister witness, are you familiar with the land subject of this case?

A 6:

Yes, Sir.

Q 7:

Where is the land located?

A 7:

It is located in the Municipality of Claveria, Province of Cagayan, Sir.

Q 8:

And how big is the land?

A 8:

It is Five Hundred Fifty Seven (557) Square Meters, Sir.

Q 9:

Does this land have title?

A 9:

Yes, Sir. Here it is, Sir. 3

(Witness showing a document to Atty. Cumigad) Q 10:

What is this you are showing me?

A 10:

It is the Certified True Copy of Original Certificate of Title Number O-1198(s) of the Register of Deeds of Cagayan (Sanchez Mira) Sir. Copy is also attached to the Petition, Sir.

Q 11:

I am showing you Annex “B” of the Petition which purports to be a copy of the Certified True Copy of Original Certificate of Title Number O-1198(s) of the Register of Deeds of Sanchez Mira. Can you compare it with the Certified True Copy you just showed me.

A 11:

Annex “B” of the Petition is a faithful reproduction of the original Certified True Copy of Original Certificate of Title Number O-1198(s) of the Registry of Deeds of Sanchez Mira, Cagayan, Sir.

ATTY. CUMIGAD: I shall now mark the photocopy being Annex “B” of the Petition which purports to be a copy of the Certified True Copy of Original Certificate of Title Number O1198(s) of the Register of Deeds of Sanchez Mira as Exhibit “__”. (Counsel marks Annex “B” of the Petition which purports to be a copy of the Certified True Copy of Original Certificate of Title Number O-1198(s) of the Register of Deeds of Sanchez Mira, Cagayan as Exhibit “___”. Q 12:

Mister witness, do you know who owns this land covered by Original Certificate of Title Number PO-1198(s) of the Register of Deeds of Sanchez Mira, Cagayan?

A 12:

Yes, Sir.

Q 13:

Well then, who owns it?

A 13:

It is owned by the spouses Wenceslao A. Agnir and Cristina I. Agnir, Sir. 4

Q 14:

Mister Witness, you showed me Certified True Copy of the title. Where is the Owner’s Duplicate Original of the title?

A 14:

It got lost, Sir.

Q 15:

How did this happen?

A 15:

Well Sir, upon the execution of Deed of Absolute Sale, the Seller delivered to me the owner’s duplicate original of the title and I remember I put the same in an envelope and in turn, I kept it in one of the drawers at home. However, when I was trying to retrieve it from the cabinet, it was then I discovered it was missing, Sir.

Q 16:

So?

A 16:

One of my housemates could have possibly misplaced the Owner’s Duplicate Original of the title, Sir, because it cannot be located in the safe and filing cabinet in our house, Sir.

Q 17:

Well, did you look for the title?

A 17:

Yes Sir, I did everything in searching for the title in all our cabinets at home, Sir but we just could not find it anymore, Sir.

Q 18:

Then what did you do about the loss?

A 18:

I, being considered to be one of the owners of the subject property and being the one who possessed the owner’s duplicate original of the OCT No. O1198(s), have executed an Affidavit of Loss and had the said Affidavit of Loss registered with the Register of Deeds of Cagayan, Sir.

Q 19:

And where is this Affidavit of Loss you are mentioning?

A 19:

It is attached to the Records, Sir, It is Annex “C” of the Petition, Sir. That is the one that was duly received by the Registry of Deeds, Sir.

(Witness showing the specific page of the Records of the case and pointing to the stamped received by the Registry of Deeds of Sanchez Mira, Cagayan) 5

Q 20:

Can you go over, Annex “C” of the Petition, the front portion, would you confirm that there is a stamp on it?

A 20:

Yes, Sir.

Q 21:

And what is this stamp?

A 21:

That is the proof that the Registry of Deeds received the Affidavit of Loss, Sir. There is also another stamped portion at the bottom portion of the Affidavit of Loss, Sir.

Q 22:

And would you know what the Registry of Deeds did with the Affidavit of Loss?

A 22:

They annotated it, Sir, it is in the Memorandum of Encumbrances portion, Sir.

Q 23:

Where is that?

A 23:

The one at the back of the title we marked earlier, Sir.

Q 24:

There is a signature appearing on the Affidavit of Loss, whose signature is it?

A 24:

Mine, Sir.

ATTY. CUMIGAD: At this juncture, the Affidavit of Loss, Annex “C” of the Petition is marked as Exhibit “__” and the stamp on the Affidavit of Loss is being bracketed and marked as Exhibit “____”. (Counsel marks the Affidavit of Loss as Exhibit “__” and brackets the Annotation of the Affidavit of Loss and marked the same as Exhibit “_____”.) Q 25:

After reporting the fact of loss, what did you do next?

A 25:

I caused the preparation of the present Petition for Reconstitution, Sir.

Q 26:

What happened to the Petition? 6

A 26:

It was given due course, Sir.

Q 27:

What do you mean it was given due course?

A 27:

There was an Order to this effect Sir.

Q 28:

Are you referring to this Order dated October 11, 2018?

A 28:

Yes, Sir.

Q 29:

Upon receiving the Order, What did you do next?

A 29:

We complied with the jurisdictional requirements, Sir. Notices were sent and posted and this morning, general default was declared, Sir.

ATTY. CUMIGAD: At this juncture, the Order of this Honorable Court dated October 11, 2018 , is marked as Exhibit “__”. (Counsel marks the Order dated October 11, 2018 as Exhibit “___” Q 30:

What do you mean by notices, Mister Witness?

A 30: Well, Sir, it is all there in the Records of the case Sir. This refers to the posting at the Regional Trial Court of Sanchez Mira, Cagayan, the Bulletin Board of the Municipal Hall of Claveria, Cagayan and before the Sangguniang Panlalawigan, Sir. I believe the Certificates of Posting are all attached to the Records of the case, Sir. ATTY. CUMIGAD: At this juncture, we mark the Certificate of Posting for the posting made by the Sheriff as Exhibit “__”, the signature of the Sheriff, Emilio V. Buentipo be bracketed and marked as Exhibit “_____”, the case title and number be bracketed and marked as Exhibit “_____”, the Certificate of Posting before the Provincial Capitol be marked as Exhibit “__”, the signature of Secretary to the Sangguniang Panlalawigan, Rosalinda P. Callang, DPA be bracketed and marked as Exhibit “___” and the title number and case title and number be marked as Exhibit “___”, the Certificate of Posting before the Municipal Hall 7

of Claveria, Cagayan, be marked as Exhibit “H”, the signature of Secretary, Sanggunian Bayan, _______________ be bracketed and marked as Exhibit “H-1” and the title number and case title and number be marked as Exhibit “H-2”. (Counsel marks the Certificates of Posting accordingly) Q 31:

The land subject of this Petition, what kind of land is it?

A 31:

The land is a riceland, Sir.

Q 32:

Are there any encumbrances on this property?

A 32:

None, Sir,

Q 33:

And who is in possession of this land, now?

A 33:

I am in possession of the portion that I bought, Sir, and some portions are being possessed by the surviving compulsory heirs, Sir.

Q 34:

By the way, Mister Witness, are there any improvements on this land?

A 34:

None, Sir.

Q 35:

What would you have the Honorable Court do or grant to you?

A 35:

I ask that the Court Order the Registry of Deeds of Sanchez Mira to issue another Owner’s Duplicate of Original Certificate of Title, Sir, to replace the one that was lost, Sir.

Q 36:

The Petition that you filed, did you understand it contents or allegations?

A 36:

Yes, Sir.

Q 37:

I am showing to you the Petition. Can you go over the same and tell us if you confirm the truth and veracity of its allegations?

A 37:

I do confirm it, Sir.

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Q 38:

How about this Judicial Affidavit, do you confirm and affirm your statements as embodied herein?

A 38:

Yes, Sir. It is all true what I said in the Judicial Affidavit, Sir.

Q 39:

Are you willing to sign this Judicial Affidavit?

A 39:

Yes, Sir. I will sign it, Sir.

(Witness signing Judicial Affidavit) ATTY. CUMIGAD: That will be all Mister Witness. IN WITNESS WHEREOF, I have hereunto set my hand this __________________ in Sanchez Mira, Cagayan, Philippines. FRANKLIN A. AGNIR Affiant SUBSCRIBED AND SWORN TO before me this _____________ 2018 at Cagayan, affiant exhibiting to me his valid proof of identification (TIN) ID# 432-268-426-000 issued by the Bureau of Internal Revenue (BIR). Doc. No. _______ ; Page No. _______; Book No. _______; Series of 2018. REPUBLIC OF THE PHILIPPINES ) Municipality of Sanchez Mira Province of CAGAYAN

) ) S.S.

SWORN ATTESTATION OF COUNSEL On my Oath as a Member in good standing of the Philippine Bar, I, ROTCIV R. CUMIGAD, Filipino, single, and a resident of 2D Arellano Street Extension, Tuguegarao City, Cagayan, hereby Certify that I had supervised the preparation of the foregoing Judicial Affidavit, faithfully recording or causing to be recorded the question I propounded and the answers that the witness gave and that neither I nor any other person present or assisting him coached the witness relative to the answers he gave. I further confirm and certify on my own that the Photocopies of the documents identified in and attached to this Judicial Affidavit are FAITHFUL REPRODUCTIONS OF THEIR ORIGINALS. 9

This Certification is being issued for whatever legal purposes it may serve. WITNESS my HAND this ____th day of November 2018 at Sanchez Mira, Cagayan, Philippines. ROTCIV R. CUMIGAD Counsel

SUBSCRIBED AND SWORN TO before me this _____th day of November 2018 at Sanchez Mira, Cagayan, Philippines.

ADMINISTERING OFFICER Copy Furnished: REGISTER OF DEEDS OF CAGAYAN (SANCHEZ MIRA) Sanchez Mira, Cagayan

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