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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF ILCOS NORTE


FIRST JUDICIAL REGION
BRANCH ___, BATAC CITY, ILOCOS NORTE

IN RE PETITION FOR THE


ISSUANCE OF A SECOND
OWNERS DUPLICATE COPY OF Cad Case No. _____
LRC Cad Rec. No. ______
ORIGINAL CERTIFICATE OF
Lot No. 9848
TITLE NO. 9954
OCT No. 9954
Batac Cadastre
ARCHER A. AVILA
Petitioner,

-vesus-

AUGUSTUS WATERS, in his


capacity as the Registrar of Deeds
of Batac City,
Respondent.
x------------------------------------------
x

PURPOSE OF TESTIMONY

The testimony of ARCHER A. AVILA is being offered to establish


the material allegations on the facts of lost of the owners duplicate copy
of Original Certificate of Title No. 9954, and the registration of an
Affidavit of Loss with the Registry of Deeds of Batac City in relation to
the lost of the aforesaid certificate of title. He will also identity
documentary exhibits to substantiate his testimonies.

JUDICIAL AFFIDAVIT

I, ARCHER A. AVILA, of legal age, Filipino citizen, married, and a


resident of Brgy. Ablan, Batac City, Ilocos Norte, under oath, hereby
depose and state that:

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The counsel who conducted my examination is Atty. APRILLE S.
ALVIARNE, which was conducted in her office situated at Unit 4 NME
Blgd., Washington St., Brgy. Cangrunaan, Batac City, Ilocos Norte;
I am answering all the questions hereinafter propounded fully
conscious that I am under oath, thus, I may be criminally liable for
perjury or false testimony for any falsehood I may testify;

The following questions were asked of me, which I answer in the


manner provided below:

Q1: You stated a while ago that your name is ARCHER A. AVILA.
Are you the same ARCHER A. AVILA, the petitioner in Cad
Case No. 44-12 in relation to the Petition for Re-issuance of
Second Owners Duplicate Copy of Original Certificate of
Title No. 9954 pending before the Regional Trial Court
Branch 18, Batac City?
A1: Yes sir

Q2: And on what authority did you instituted the said petition?
A2: I am a compulsory heir of SILVESTRE ANTONIO being his
son, and I was responsible in the lost of the title, sir.

Q3: What title again are you referring to?


A3: The Original Certificate of Title No. 9954 registered in the
name of ALBERTO ANTONIO, married to HONORATA
ANTONIO, sir.

Q4: And how is SILVESTRE ANTONIO related to ALBERTO


ANTONIO?
A4: SILVESTRE ANTONIO is one of the children of ALBERTO
ANTONIO, sir.

Q5: Who are the other children of ALBERTO ANTONIO?


A5: They are MARINA ANTONIO, ANDREA ANTONIO and
ROMANA ANTONIO, sir.

Q6: Where are ALBERTO ANTONIO and her wife HONORATA


ANTONIO?
A6: They are both deceased, sir.

Q7: How about SILVESTRE ANTONIO and his three (3) sisters?
A7: All of them are also deceased, sir.

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Q8: So, Kindly tell how are you responsible foot the lost of the title?
A8: I borrowed the title from my sister, JOSEPHOINE A. APTOC, to
show it to a prospective buyer, sir.

Q9: What is it that JOSEPHINE A. PATOC was custodian of the


subject title?
A9: She is the oldest living heir of the children of ALBERTO
ANTONIO as such she was designated as de facto
administrator of the lot and the custodian of the title, sir.

Q10: You said that you were responsible in the lost of the subject
title. Kindly tell how did you loss from your custody the title?
A10: After I received the title from my sister I placed it in an
envelope for safekeeping upon reaching home, sir. The
following day I proceeded to the buyers residence via
motorcycle and upon arrival thereafter I noticed that the
envelope where I placed the title was missing, sir.

Q11: What did you do when you discovered that the envelope and
the title were missing?
A11: I hurried back home to ascertain if I dropped the envelope
but all my efforts to find it proved futile, sir.

Q12: After that what did you do next?


A12: I returned to my sister, JOSEPHINE, to still inquire if she
indeed gave the title to me, of which she was positive and
certain that she entrusted it to me, sir.

Q13: When you failed to find the owners copy of the title, what
happened next?
A13: I met again with my sister to discuss to them the need to
secure another copy of the title because the prospective
buyer was insistence to buy the lot, sir. My cousins, MA.
ANGELITA PASCUAL and AMPARO DANAS, were also present
in the meeting.

Q14: What are the interests of MA. ANGELITA PASCUAL and


AMPARO DANAS, if any, on the lot, reason that they were
present in the meeting?
A14: MA. ANGELITA PASCUAL represents the heirs of MRINA
ANTONIO and ANDREA ANTONIO, while AMPARO DANAS

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represents the heirs of ROMANA ANTONIO, in relation to the
conveyance of the lot, sir.

Q15: What were discussed in said meeting?


A15: We agreed to meet with the prospective buyer to transact
with the sale of the lot and to inform him of our
predicament, sir.

Q16: Kindly tell if your meeting with the buyer pushed through?
A16: It pushed through, sir.

Q17: And what happened in your meeting with the buyer?


A17: The buyer bought the lot, and a Deed of Conditional Sale was
executed, sir. (Witness presents to examining counsel a copy
of the Deed of Conditional Sale, dated July 21, 2017)

We also committed to the buyer that we will file the


necessary petition to secure another copy of the title, sir.

Q18: Do you authenticate and confirm my act of marking the


Deed of Conditional Sale (dated 21 July 2017) as Exhibit F?
A18: Yes, sir.

Q19: On the matter of filing of the petition for the re-issuance of


lost title, what was your agreement with your sister and your
cousins?
A19: We agreed that I will be responsible in the filing of the
petition, sir. In fact, my sister and my cousins executed a
Special Power of Attorney for said purpose. (Witness presents
to examining counsel a copy of Special Power of Attorney,
dated July 22, 2017)

Q20: Do you confirm and authenticate my act of marking said


Special Power of Attorney as Exhibit G?
A20: Yes, sir.

Q21: What happened after you took the responsibility to file the
petition for the re-issuance of the lost title?
A21: I executed an Affidavit of Loss and had it registered with the
Registry of Deeds of Batac City, sir.

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Q22: You said that you had the Affidavit of Loss registered with
the Registry of Deeds of Batac City. What proof will establish
the said fact?
A22:There are stamps of the Registrar of Deeds on the pages of the
Affidavit of Loss and the affidavit of loss was annotated on
the title, sir. (Witness presents to examining counsel the
Affidavit of Loss bearing the stamp of the Registrar of Deeds
of Laoag City)

Q23: What is the relation of the inscription, docketed as Entry No.


2017000229 appearing on the electronic copy of OCT No.
23187 regarding the registration of the Affidavit of Loss with
the Registry of Deeds of Batac City?
A23: That is the proof to show that the Affidavit of Loss was
registered with the Registry of Deeds, of Batac City, sir.

Q24: Do you authenticate and confirm the previous marking of the


Affidavit of Loss as Exhibit D and the rubber stamp as
Exhibit D-1
A24: Yes,sir.

Q25: Do you also authenticate and confirm the previous marking


of the electronic copy of OCT No. 9954 and Exhibit E and
entry no. 2017000854 as Exhibit E-1
A25: Yes sir.

Q26: Kindly tell what is the primary purpose that this petition was
instituted?
A26: To enable us to comply with our contractual obligation to the
lots buyer, sir.

Q27: Kindly tell if there is any indebtedness or encumbrance that


may affect the estates of ALBERTO ANTONIO and his wife
HONORATA ANTONIO, and the title?
A27: None, sir.

Q28: So what legal relief are you asking the Honorable Court to
grant in the petition you filed?
A28: I am praying to the Honorable Court to grant the petition
and order the re-issuance of a second owners duplicate copy
of Original Certificate of Title No. 9954, sir.

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NO FURTHER QUESTIONS

IN WITNESS WHEREOF, I have hereunto affixed my signature this


19 January 2017 at Batac City, Philippines.

ARCHER A. AVILA
Affiant

SUBSCRIBED AND SWORN to before me this 24th day of February


2017 at Batac City, Philippines, with the affiant exhibiting to me her
identification card, to with COMELEC ID No. VIN:2812-0020A-
A1264AAA10000 [Batac City, Ilocos Norte] as competent proof of his
identity.

Doc. No. 66; Atty. CLAUDETTE ABIGAIL DE LARA


NOTARY PUBLIC
Page No. 11;
UNTIL 31 DECEMBER 2017
Book No. I; ROLL No. 24680, 07 May 2014
Series of 2017 IBP No. 0990123/ 1.05.2016
PTR No. 2468123/1.06.2016 I.N.
MCLE Compliance No. V-0003456, 3-
26-15
Batac City, Ilocos Norte (077)654-
3425

ATTESTATION CLAUSE

I, CLAUDETTE ABIGAIL B. DE LARA, of legal age, Filipino citizen,


married, and with office address at Unit 4 MNE Bldg. Washington
Street, Brgy. Ablan, Batac City, Ilocos Norte, hereby manifest and state
that:

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I conducted the examination of ARCHER A. AVILA in relation to
Cad Case No. 44-12 in relation to the Petition for Re-issuance of a
Second Owner;s Duplicate Copy of Original Certificate of Title No. 9954
pending before the Regional Trial Court Branch 18, Batac City;

I faithfully recorded or caused to record the questions I asked and


the corresponding answers of the witness; and

On the occasion of his examination, I or any other person did not


assist or coach the testimony of the witness.

WITNESS MY HAND AND SEAL this February 24, 2017 at Batac


City, Philippines.

CLAUDETTE ABIGAIL B. DE LARA


ROLL No. 24680

SUBSCRIBED AND SWORN to before me this 24th day of February


2017 at Batac City, Philippines, with affiant exhibiting to me his
identification card, to wit: SSS ID No. 01-1194766-7 as a competent
proof of his identity.

Doc. No. 444; Atty. ALESSANDRA VILLEGAS


Page No. 89; NOTARY PUBLIC
Book No. LXXVI; UNTIL DEC. 31, 2017
Series of 2017 ROLL No. 56789, 15 May 2012
IBP No. 12098/ 1-20-2012
PTR No. 7898505 1-3-2017 I.N.
MCLE Compliance No. X-00967, 1-6-
2017
Batac City, Ilocos Norte (077)654-
3425

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