Republic of the Philippines

REGIONAL TRIAL COURT

9th Judicial Region
Branch 21
Pagadian City
-o0o-

IN RE: ISSUANCE OF
DUPLICATE OWNER’S COPY LRC CASE NO. 621-2K17
OF TRANSFER CERTIFICATE
OF TITLE NO. T-14,042, OF THE
OFFICE OF REGISTRY OF
DEEDS OF ZAMBOANGA DEL
SUR,

ESPACIO TOMARONG y ARIAS

Petitioner,

x--------------------------------------------------------x

JUDICIAL AFFIDAVIT
OF
ESPACIO TOMARONG y ARIAS

This is the Judicial Affidavit of the Petitioner, ESPACIO

TOMARONG y ARIAS who is of legal age, Filipino, married and a
resident of Purok Calubi, Poblacion, Aurora, Zamboanga del Sur whose
examination was supervised and taken by ATTY. SHINE NOVEL L.
SAIPUDIN at 0451 Purok Ferdinand, Sto. Niño District, Pagadian City,
Zamboanga del Sur.

The following transcription of the questions were propounded to, and

answered by, the Petitioner in English language known and understood by
him. The Petitioner is fully conscious that he is giving his testimony under
oath and that he may face criminal liability for false testimony or perjury.

The testimony of the ESPACIO TOMARONG y ARIAS is being

offered to prove the following, to wit: THAT-

1. He is the lawful owner of a parcel of land covered under TRANSFER

CERTIFICATE OF TITLE (TCT) NO. T-14,042;

2. He acquired the subject parcel of land by virtue of a Deed of

Absolute Sale;

3. The owner’s duplicate copy of TCT NO. T-14,042 was given to him
by the registered owner of the subject parcel of land after the sale;
 4. The owner’s duplicate copy of TCT NO. T-14,042 was lost while it
was in his possession;

5. He executed an affidavit of loss in relation to the missing owner’s

duplicate copy of TCT NO. T-14,042 and caused the annotation of
the same with the Register of Deeds of Zamboanga del Sur;

6. The original copy of the Deed of Absolute Sale was likewise lost
together with the owner’s duplicate copy of TCT NO. T-14,042;

7. The Register of Deeds of Zamboanga del Sur was furnished with the
Copy of the Petition together with all its annexes;

8. The adjoining lot owners of the subject parcel of land was furnished
with the copy of the order issued by the Honorable Court dated 9
August 2017;

9. To testify on other matters which are relevant to the instant petition.

LEGEND

Questions – Q
Answer - A

Upon being asked of his personal circumstances, Petitioner answered:

I am Espacio Arias Tomarong, Filipino, of legal age, married, and

with residence at Purok Calubi, Poblacion, Aurora, Zamboanga del Sur,
and presently working with the Provincial Veterinarian Office, Provincial
Government of Zamboanga del Sur designated as Provincial A.I
Coordinator with a position of Agriculturist 11;

1. Q. Mr. Witness, who is the petitioner of this instant petition?

A. I am the petitioner of sir.

2. Q. Why did you file the petition?

A. I filed the petition sir to pray before the Honorable Court to issue
an order directing the Registry of Deeds of Zamboanga del Sur
that a new owner’s duplicate copy of Transfer Certificate of Title
No. T-14,042 be issued in my favor because my owner’s
duplicate copy of title was lost.

3. Q. Who is the registered owner of the subject parcel of land?

A. The land is registered under the name of Cleopatra Leonardo sir.
 4. Q. If Cleopatra Leonardo is the registered owner of the subject parcel
of land, what capacity do you have in filing the petition?
A. It is because I have already bought the land from Cleopatra
Leonardo Sir.

5. Q. What proof do have that you already bought the subject parcel of
land?
A. We have executed a deed of absolute sale sir.

6. Q. I am showing to you a deed of sale dated 5 October 2016, do you

recognize this document?
A. Yes sir. That is the deed of sale that we have executed sir.

7. Q. There is a name ESPACIO ARIAS TOMARONG below this deed

of sale, whose name is this?
A. That is my name sir.

8. Q. There is a signature above the name of ESPACIO ARIAS

TOMARONG, whose signature is this?
A. That is my signature sir.

9. Q. There is a name Cleopatra Leonardo in this deed of sale, whose

name is this?
A. That is the name of the registered owner of the land which is the
subject of the deed of sale sir.
10.Q. There is a signature above the name of Cleopatra Leonardo,
whose signature is this?
A. That is the signature of Cleopatra Leonardo.

11.Q. How can you say that it is the signature of Cleopatra Leonardo?
A. Because Cleopatra Leonardo signed the deed of sale in my
presence sir and I saw her signing that deed of sale.

12.Q. It appears Mr. Witness that this deed of sale is not the original
copy. Where is the original copy of this deed of sale?
A. It was likewise lost together with the owner’s duplicate copy of
transfer certificate of title no. T-14,042.

13.Q. If this is not the original copy of the deed of sale Mr. Witness,
then what is this copy?
A. That is the certified true copy of the deed of sale sir.

14.Q. Where did you get the certified true copy of the deed of sale Mr.
Witness?
A. I got it from Atty. Kenneth Alivio sir, he was the one who
notarized the deed of sale.

ATTY. SAIPUDIN: Manifestation your owner. May I pray the marking of

the following:
 a. the Deed of Sale be marked as Exhibit “A”;
b. the name and signature of ESPACIO ARIAS TOMARONG
be marked as Exhibit “A-1”;
c. the name and signature of CLEOPATRA LEONARDO be
marked as Exhibit “A-2”;
d. the description at the back portion of the deed of sale certifying
that this deed of sale is a true and faithful reproduction copy
of the original on file, as well as the name and signature of
Atty. Kenneth O. Alivio be bracketed and marked as Exhibit
“A-3”.

ATTY. SAIPUDIN: Your Honor please, just for the record, the original
copy of the certified true copy on file of this Deed of Sale is already part
on the record of this case your Honor.

15.Q. What happened after the deed of sale was executed Mr. Witness?
A. CLEOPATRA LEONARDO gave to me the Owner’s Duplicate
Copy of TCT No. T-14,042.

16.Q. By the way Mr. Witness, you said earlier that the Owner’s
Duplicate Copy of TCT No. T-14,042 was lost, who lost it Mr.
Witness?
A. I am the one who lost it sir.

17.Q. When and how was it lost?

A. It was sometime in the second week of October 2016 sir, just a
week after the deed of sale was executed. To be honest sir, I am
not sure how I lost it sir. All I know is that I placed it inside a
brown long envelope together with my copy of the Deed of Sale
and put the envelope inside the backpack bag of which I always
carry when I am doing my field work;

18.Q. How exactly did you notice that the Owner’s Duplicate Copy of
TCT No. T-14,042 was lost?
A. It was when I was compiling my documents to transfer the
registration of the subject transfer certificate of title to my name
sir, I noticed that the brown envelope was no longer in my
backpack bag.

19.Q. What brown envelope are you referring to?

A. The one where I placed the owners duplicate copy of the transfer
certificate and the deed of sale sir.

20.Q. And when was this?

A. It was sometime the second week of October 2016 sir.
 21.Q. What did you do after noticing that the brown envelope was
missing?
A. I searched for it sir, in our house as well as in my office having
the thought that I might have left it in my office or in our house.

22.Q. What was the result of your search?

A. I did not find the brown envelope which contain the transfer
certificate and the deed of sale sir.

23.Q. What did you do after failing to locate the brown envelope?
A. I executed an affidavit of lost sir and caused the annotation of the
same with the Register of Deeds of Zamboanga del Sur;

24.Q. I am showing to you an Affidavit of Loss dated 17 October 2017,

do you recognize this Affidaivt?
A. Yes sir, that is the Affidavit of Loss that I have executed in
connection with the missing owner’s duplicate copy of TCT No.
T-14,042.

25.Q. At the bottom part of this affidavit there is a signature above the
name ESPACIO ARIAS TOMARONG, whose signature is this?
A. That is my signature sir.

ATTY. SAIPUDIN: Your Honor, may I pray that the affidavit of loss
identified by the petitioner be marked as Exhibit “B”, and the name and
signature of the Petitioner be bracketed and marked as Exhibit “B-1”.

26.Q. By the way Mr. Witness, you have said earlier that you cause the
annotation of the affidavit of lost with the Register of Deeds of
Zamboanga del Sur, what proofs do you have to support that Mr.
Witness?
A. I have secured a copy of the certified true electronic copy of TCT
No. T-14,042 from the Register of Deeds of Zamboanga del Sur
sir. Then the register of deeds issued me a five-page certified true
electronic copy of TCT No. T-14,042. And on the fifth page of
the TCT No. T-14,042 issued by the register of deeds, it is shown
that the affidavit of loss dated 17 October 2016 has been
annotated under entry number 2016001803.

27.Q. I am showing to you a five-page electronic copy of TCT No. T-

14,042 issued by the register of deeds of Zamboanga del Sur, do you
recognized this document?
A. Yes sir, that is the certified true electronic copy of TCT No. T-
14,042 which I have secured from the register of deeds.

ATTY. SAIPUDIN: Your Honor, May I pray that the five-page certified
electronic true copy of TCT No. T-14,042 be marked as Annex “C”, “C-1”,
“C-2”, “C-3”and “C-4” respectively.
 28.Q. What other proof do you have to support your claim that you
caused the annotation of the affidavit of loss with the registry of
deeds of Zamboanga del Sur?
A. Yes sir, I was issued an official receipt evidencing that the
annotation was caused by me.

29.Q. Mr. Witness, I am showing to you an Official Receipt with O.R.

No. 1010390241, do you recognized this receipt Mr. Witness?
A. Yes sir, that is the Official Receipt issued by the register of deeds
when I caused the annotation of the affidavit of loss and paid the
necessary fees for the annotation sir.

ATTY. SAIPUDIN: Your Honor, may I pray that the Official Receipt with
O.R. No. 1010390241 be marked as Annex “D”.