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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-Cv-
ORIGINAL CERTIFICATE OF 18
TITLE NO. O-1198(s) of the Reconstitution of lost OCT
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. 12-8-8-


SC, 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. 12-8-


8-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.


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(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 O-
1198(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 P-
O-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.

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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. O-
1198(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)
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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?


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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
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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.
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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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