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Republic of the Philippines

FIRST JUDICIAL REGION


REGIONAL TRIAL COURT BRANCH NO. 63
PROVINCE OF BENGUET
JUSTICE HILL, LA TRINIDAD

PETITION FOR THE REGISTRATION OF UNREGISTERED LAND


LOCATED AT AMBIONG, LA TRINIDAD, BENGUET

LRC CASE
NO._______
JOHN W. BOOTH
PETITIONER

REGISTER OF DEEDS OF THE PROVINCE OF BENGUET


RESPONDENT

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

JUDICIAL AFFIDAVIT

I. PRELIMINARY INFORMATION.

A. NAME AND OTHER PERSONAL CIRCUMSTANCES OF THE


WITNESS.

Name : JOHN W. BOOTH

Age : 35 YRS OLD

Address : AU-009 AMBIONG, LA TRINIDAD, BENGUET

Occupation : FARMER

Language : Ilocano, Kankana-ey, English, and Tagalog

B. LAWYER WHO CONDUCTED OR SUPERVISED THE


EXAMINA TION OF THE WITNESS.
Name : MAHICON B. GUIMBUNGAN

Address : GUIMBUNGAN, EMING, AND


JUANITEZ LAW OFFICE

ROOM 302 H&M BUILDING, SESSION ROAD, BAGUIO


CITY, 2600

Place of Examination: GUIMBUNGAN, EMING, AND JUANITEZ


LAW OFFICE

ROOM 302 H&M BUILDING, SESSION ROAD, BAGUIO CITY, 2600

II. OFFER.

The testimony of the witness JOHN W. BOOTH is being offered to


prove the:

1. The identity of the real property subject matter of this case;

2. The location of the subject lot for registration;

3. The legal history of the antecedent and the current tax


declaration;

4. The identities of the predecesors-in-interest/decedents of the


said legal heirs/petitioner;

5. The history of occupation of the lot for registration;

6. The legal bases for the claim/prayers of the plaintiffs.

III. JUDICIAL AFFIDAVIT PROPER.

I, JOHN W. BOOTH, 35 years old, single, Filipino, and residing at


AU-009 Ambiong, La Trinidad, Benguet, under oath, depose:

1. Q – Please state your name, age, residence, and occupation of


the witness.

A – I am JOHN W. BOOTH, 35 years old, single, residing at


AU-009 Ambiong, La Trinidad, Benguet and a farmer.

2. Q- Why are you here now?


A – To give a sworn statement by way of a judicial affidavit, the
same to constitute as my direct testimony, in the above-
captioned land registration case.

3. Q- For the record, please state the name and address of


the Lawyer who is now conducting or supervising your
examination and the place where the examination is being held
now?

A – The legal counsel for the petitioner, Mahicon B.


Guimbungan, is conducting or supervising my examination now
at his law office located at:

Room 302, H&M Bldg, Session Road, Baguio City

4. Q – In what language do you want your examination to be


conducted?

A – This judicial affidavit is prepared in English. But during the


cross-examination, I prefer that the questions may be translated
when necessary in tagalog for my convenience and for clarity.

5. Q – Do you undertake to answer the questions to be asked of


you, fully conscious that you will do so under oath, and that you
may face criminal liability for false testimony or perjury?

A -Yes.

6. Q – Let us now proceed to the petition. Where is the location of


the lot that you want to be registered in your name?

A – The lot is located at Ambiong, La Trinidad, Benguet.

7. Q – How did you acquire title and possession of the lot subject
for registration?

A – The lot has been in the possession of our grandparents


since the 1900 then it was inherited by my father Junius B.
Booth and lately it was transferred to me after his death on
November 1, 2008.

8. Q – Do you have any proof of title to the lot? What are those?

A – Yes. I have a tax declaration covering said lot under my


name. I have also paid the real property taxes due thereon and
a certification from the Municipal Treasurer’s office that I have
paid all the taxes up to the present. A certified true copy of
these documents are annexed to my petition.
9. Q – Did you introduce any improvement on the said lot?

A – Yes. I have built a residential building on said lot as my


residence. A tax declaration was also issued for the building
and it is annexed to my petition.

10. Q – So you are currently residing on the building constructed


over the lot subject for registration?

A – Yes.

10. Q – Prior to the introduction of the building, were there any


improvements made before it?

A – Yes. My grandparents have improved the lot by building


their house on said lot although it is now non-existing and have
tilled the land for agricultural purposes. So did my father. A tax
declaration was also issued under the name of my father before
it was transferred under my name. A certified true copy of the
tax declaration was annexed to my petition.

11. Q – What is the actual area of the lot in square meters you are
registering?

A – Nineteen thousand two hundred twenty-four (19,224)


square meters. A survey plan approved by the DENR together
with the technical description is also annexed to my petition
showing the actual area of the lot.

12. Q – Are there no other claimant of the said land you want to be
registered?

A – I have no knowledge or any reasonable belief of any


claimant over the same lot.

13. Q – Do you have other brothers or sisters?

A – None.

14. Q – Are there no other encumbrances over the said lot?

A - I have no knowledge or any reasonable belief of any


encumbrance of any kind whatsoever over the same lot.

15. Q – What reliefs do you seek from the Court?

A – I seek before the court an order for the issuance of an


original certificate of title of the lot located at Ambiong, La
Trinidad, Benguet under my name.
16. Q - What documents do you wish to submit to the Court?

A – I hereby introduce, for marking purposes, the following


exhibits which were already attached to the petition as Annexes
“A” to “H” thereof.

Annex “A” The original or tracing plan, together with a blue print
copy thereof;
Annex “B” The technical description of the land (in duplicate);
Annex “C” The surveyor’s report of survey, or surveyor’s
certificate (in duplicate);
Annex “D” Certified assessed value from the municipal
assessor of La Trinidad, Benguet
Annex “E” Certified true copy of the Tax Declaration dated year
1938
Annex “F” Certified true copy of the current tax declaration
under the name of petitioner of the lot
Annex “G” Certified true copy of the current tax declaration
under the name of petitioner of the building
Annex “H” Certification from the Municipal of non-tax
delinquency

17. Q – I have no more questions. Anything else you want to add?

A – None.

Nothing follows.

Baguio City, January 28, 2019.

John W. Booth/Petitioner

SUBSCRIBED and sworn to before me in Baguio City on January 28,


2019, affiant showing his competent proof of identity, to wit: Comelec
VIN 123456789.

Doc. II MAHICON B.
GUIMBUNGAN
Page I Notary Public
Book I Roll No.
70366
Series of 2019 IBP Lifetime
Member No. 10051
IBP Chapter Baguio-
Benguet
PTR No. 5142867
S&B Bldg., Km 4 Pico, La
Trinidad, Benguet

ATTESTATION

I, Atty. Mahicon B. Guimbungan, Counsel of the accused, after


having been sworn to in accordance with the law do hereby depose
and say:

1. That I have faithfully recorded or caused to be recorded the


questions I asked and the corresponding answers that
witness/petitioner John W. Booth, gave;

2.That I have not, nor any other person present or assisting


coached the witness regarding the witness’ answers; and

3. That I fully understand that any false attestation shall subject


me to disciplinary action, including disbarment.

Atty. Mahicon B. Guimbungan

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public


in and for City of Baguio, Philippines, this 28th day of January, 2019,
affiant personally came and appeared with his SSS ID No. 45-
823665-8 issued by the Social Security Systems at Baguio City,
bearing his photograph and signature, known to me as the same
person who personally signed the foregoing instrument before me
and avowed under penalty of law to the whole truth of the contents of
said instrument.

MARCUS J. BRUTUS
Notary Public
Notarial Commission No. 20-NC-20-R
Until December 31, 2020
Roll No. 20202; 4.20.2016
PTR No. 2020202 01.5.2019; Baguio City
IBP No. 2020202; 01.5.2017; Baguio City
MCLE Cert. of Compliance No. L-2020202