REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

4TH JUDICIAL REGION
Branch 34
Calamba City, Laguna

IN RE:
RTC SLRC
NO. 3547-2012-C
PETITION FOR REPLACEMENT
OF SECOND OWNERS DUPLICATE
COPY OF TCT NO..T-060-2012001641

CATALINO SENA, rep. by

RHODORA S. MANAIG,
Petitioner.
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JUDICIAL AFFIDAVIT

WITNESS: RHODORA MANAIG

OFFER: We are offering the testimony of this witness to prove the following:

1. That she was appointed Attorney-in-Fact by the

registered owner, CATALINO SENA to represent
him in this case.
2. That Catalino Sena entrusted said Title to her for
transfer of Real Property Tax in the Calamba City
Assessor’s office;
3. That she misplaced said Title and best efforts
exerted yielded negative results hence she
executed an Affidavit of Loss which was duly
annotated in page 3 of the TCT;
4. That she presented Ms Maximina Manglo to the
Court during its hearing on 19 Sept 2012 and
she manifested her consent to the issuance of
replacement Owner’s Duplicate Original Copy of
lost TCT;
5. That this JUDICIAL AFFIDAVIT is submitted in
compliance to the Order of the Court;

I, Rhodora S. Manaig, Filipino, 33 years old,

married, presently residing at Gumamela Heights
Subd., Brgy. Palo-Alto, Calamba City, under oath
hereby swear to tell the truth and nothing but the
truth in this Judicial Affidavit.

Question- Are you the same Rhodora S. Manaig,

petitioner’s
representative in this case?

Answer- Yes sir.

 Q- Are you willing to execute a JUDICIAL
AFFIDAVIT in Question and Answer Form as your
direct testimony in this case?

A- Yes sir.

Q- Are you willing to be cross-examined by the

Public Prosecutor on matters incorporated in your
judicial affidavit?
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A- Yes sir.

Q- In paragraph 2 of your petition, you stated of a

parcel of land containing 120 square meters located at
Brgy. Laguerta, Calamba City, please tell this Court the
name of its owner?

A- Spouses Catalino Sena and Evangeline Sena of

Brgy. Laguerta,
Calamba City, Laguna, sir.

Q- Likewise, in paragraph 3 of your petition, you

stated that the duplicate original owner’s certificate of
TCT No. 060-2012001641 has been lost, please tell the
Court how it got lost?

A- I gave the Owner’s Original Duplicate of TCT

No. 060-
2012001641 to Mr Catalino Sena upon issuance by
the Register of Deeds of Calamba, Laguna. After
seeing it, he returned it to me with the instruction to
transfer its Real Property Tax Declaration in his
name. I and my husband, put it in our drawer,
however, my husband and I discovered on the first
week of February 2012, that said Title was missing
in our drawer. We searched diligently for the said
title inside our house, but without success. I
reported the matter to the office of the Register of
Deeds of Calamba, Laguna and the staff there advised
me to submit an “ Affidavit of Loss”.

Q- Where you able to submit said Affidavit of Loss

and what happened next?

A- Yes sir, and said Affidavit of Loss is annotated in

the original
copy of said Title kept in the Vault of the Registry of
Deeds of Calamba, Laguna under Entry No.
2012005050 dated 13 February 2012, appearing in
page 3 of said Title.
 Q- Do you have a certified copy of said TCT with
its annotation as you alleged?
A- Yes sir, official certified copy of TCT NO. 060-
2012001641 with
the following annotations on page 3 “ ENTRY NO.
LIABILITIES- TO THE CREDITORS HEIRS OR OTHER
PERSONS WHO MIGHT BE UNLAWFULLY DERIVED
OF THEIR SHARES AND PARTICIPATION IN THE
ESTATE OF THE DECEASED DAMASA SALAZAR AND
MARCELINO MANAIG AS JUDICIALLY SETTLED
WITHIN THE PERIOD OF TWO (2) YEARS IN
ACCORDANCE WITH SEC. 4 RULE 74 OF THE RULES
OF COURT. DATE OF INSTRUMENT: 6-10-96. DATE
OF INSCRIPTION: 9-30-96. SGD. CASIANO C. ARCILLAS,
BRANCH REGISTER OF DEEDS.
Entry No. 2012005050 DATE: February 13,2012
1:18 pm. AFFIDAVIT OF LOSS: EXECUTED BY
RHODORA S. MANAIG AS AIF OF THE SPS.
CATALINO P. SENA AND EVANGELINE B. SENA,
ATTESTING THAT THE OWNERS DUPLICATE OF
TITLE WAS LOST IN ACCORDANCE WITH DOC. NO.
710, PAGE NO. 8, BOOK II, SERIES OF 2012 OF
NOTARY PUBLIC OF CALAMBA CITY, GREGORIO E.
MAUNAHAN, DATED FEB. 13, 2012. Jose Roy B. Raval
Acting Deputy Register of Deeds.”
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Q-

CRT I:NTERPRETER: Do you swear to tell the truth

and nothing but
the truth in this hearing?
Please state your
name and other circumstances?

WITNESS: I do. I am Reynaldo Ceguiera,

Filipino, of
legal age, married, driver,
presently residing at
Brgy. Canlubang, Calamba City

COUNSEL: The testimony of the witness is

being offered to
prove ownership of the property,
to testify about
the affidavit of loss executed,
and circumstances
of its acquisition. With the
kind permission of
the Honorable Court.

CMSR: Proceed.
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COUNSEL: Mr. Ceguiera, How are you

related to a
certain Reynaldo Ceguiera, the
petitioner in
this case?

WITNESS: I am one and the same

person, sir.

COUNSEL Earlier, your Honor, the Petition

was marked
as Exh. “A”. and we will
continue with the
same marking. Mister
Witness, were you
advised by the Court on the
date of hearing
of your petition?

WITNESS: Yes sir. It was set for today at

8:30 in the
morning.

COUNSEL: Earlier during the hearing on

jurisidictional
facts, the Order mentioned by
witness was
marked as Exh. “B” and we
will maintain the
same marking. Would you
know Mr. Ceguierra,
whether the requisite
publication was done to
inform the whole world of the
existence of
your petition?

WITNESS: Yes sir. A certificate of Posting

was executed
by the Sheriff.

COUNSEL: The Certificate of Posting was

earlier marked
as Exhibit”C” during the
hearing on
jurisdictional facts and we will
maintain the
same marking.
.COUNSEL: Please tell the Court, how you
acquire said
Real property ?

WITNESS: It was awarded to me by

the YULO’s of
Canlubang Sugar Estate for
being their family
driver for almost 30 years
now.

COUNSEL: As an AWARDEE, were you

given the
corresponding title of the
property awarded to
you?

WITNESS: Yes sir, a certified copy of

TCT No. T-
215640 which was given to
me by the
Register of Deeds of
Calamba, Laguna..

COUNSEL We would like to mark the

certified copy of
TCT No. 215640 as our Exh.
“D” and the
name of the registered
owner Reynaldo
Ceguiera be bracketed and
marked as Exh.
“D-1.” Where is that Title
you are referring
to?
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WITNESS: It was lost while in my

possession so I
executed an affidavit of loss
and filed it with
the Register of Deeds of
Calamba, Laguna.
Likewise, I filed this petition
to replace my
owners original copy of title
which was lost.

COUNSEL- Was the affidavit of loss

executed by you
annotated in the original title
kept in the
 vault of the Register of
Deeds of Calamba,
Laguna?

WITNESS- Yes sir under Entry No.

897913 annotated
at the back of t he original
title.

COUNSEL: We will be marking the Entry

No. and the
whole paragraph as our Exh.
D-2. Mr.
Ceguiera, who is occupying
said lot?

WITNESS: I am occupying said lot and

my house is
erected therein.

COUNSEL: Can you please tell the court

whether you
mortgaged your title to any
financial
institution or private person?

WITNESS: I did not mortgaged said

title, in fact I
have here a CERTIFICATION
from the
office of the Register of
Deeds of Calamba,
Laguna attesting to the fact
that my title is
not involve in any financial
transaction.

COUNSEL: Your Honor, I am marking

this
CERTIFICATION as our
Annex “E.

COUNSEL: Do you have a valid ID to

prove that you
are Reynaldo Ceguiera?

WITNESS: I have here my DRIVERS

LICENSE TO
PROVE MY IDENTITY.

COUNSEL: I have no more question

with my witness;
 May I be allowed to make
my formal offer
of evidence?

CMSR: Please do so.

COUNSEL: Thank you. Your Honor, We

are offering
our petition as Exh. A to
prove that
herein petitioner brought
the matter of loss
of his title to this Court
praying for its
replacement.
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The Order of the

Honorable Court is
offered as Exh. B to prove
that jurisdiction
has been acquired by this
Honorable Court
and sufficient notices and
publication has
been made to inform the
whole world of
the existence of instant
petition. The
Certificate of Posting is
offered as Exh. C
to prove that compliance to
the requisite
notices and publications
under Republic Act
No. 26 has been fully
satisfied.

Are you paying the real

property taxes of
these properties?

WITNESS: Yes sir. Here it is ( Witness

handing to
Counsel Real Property Taxes).

COUNSEL: Do you have a certification of

no claim and
transaction of said properties?
WITNESS

COMSR: The witness is excused.

COUNSEL: Your honor, during the initial hearing of
instant case, this
representation presented some documents
to prove jurisdiction of this
Honorable Court and was duly marked and
admitted as Exhibits “A to
D and its sub-markings.”

COUNSEL: Likewise, your Honor, during that initial

hearing, instant petition was
read aloud inside the Courtroom and no
oppositor registered objection
to the granting of this petition, hence this
Honorable Court issued an
Order of General Default except the
government. I have no more
witness nor documents to be marked.

COMR Make your formal offer.

COUNSEL: Petitioner wish to formally offer the following

evidence earlier marked and
admitted:
1. Exh. “A” and its sub-markings, is the
petition and receipt of
concerned government offices, purpose is to
prove jurisdictional fact;
2. Exh. “B” is the order of this
Honorable Court dated
5 March 2004, its purpose is to prove
jurisdiction and notice of hearing;
2. Exh. “C” is the certificate of posting,
its purpose is to
notify the public of said petition;
4. Exh. “D” and its sub-markings is TCT
NO. 233362, the
purpose of which is to prove that petitioner
is the legal owner of said
Title and said lien appearing thereto has
lose its efficacy because the
two (2) years period had elapsed on 1950
yet without any claimant.

COMR: All exhibits from A to D is accepted.

COUNSEL: With the acceptance of our exhibits “A to

D” and the direct
testimony of petitioner herself, we formally
rest our case.
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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
4TH JUDICIAL REGION
Branch 37
Calamba City, Laguna

IN RE: Petition for Issuance of 2nd

Owner’s Copy in lieu of
One lost
RTC SLRC NO.
2746-2006-C

BENIGNO LUMBRES rep. by

LORENZO LUMBRES,
Petitioner.
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EX-PARTE HEARING ON 30 OCT 2006 AT 2.00 P.M.

CONDUCTED BY BRANCH CLERK OF COURT, ATTY
RONALD SOLIS, CALAMBA CITY.

COMMISSIONER: Call the Case.

INTERPRETER: SLRC RTC CASE NO. 2746-06-C

COMR: Any Appearance?

ATTY MAUNAHAN: Good Afternoon, your Honor.

Respectfully
Appearing as Counsel for
Petitioner who is
present in Court today.
COM: Do you have any witness to present?

COUNSEL: Yes, your Honor. My witness is the

petitioner, himself.

COMR: Call your witness. Court Interpreter to

swear the witness.

CI: Do you swear to tell the truth and

nothing but the truth
In this proceeding? Please state your
name and other
circumstances?

WITNESS: Yes sir. I am LORENZO LUMBRES, Filipino,

of legal
Age, married, presently residing at
Barangay Tranca,
Talisay, Batangas.

COUNSEL: The testimony of the witness is being offered

to prove
Ownership of the property and
circumstances leading to
the loss of the Title No. 185714
( 586501) and other
related matters related thereto. May I
proceed, your Honor.

COUNSEL: Mr. witness, you said earlier that your

name is LORENZO
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LUMBRES, are you the same person who

signed the
petition for Issuance of Duplicate Title
No. 185714 (586501)
of the Register of Deeds of Calamba,
Laguna ?

WITNESS: Yes Sir.

COUNSEL: Please tell the Court, how you acquired

said property.

WITNESS: My parents, Benigno Lumbres and Maria

Lumbres bought
the said property, located at Brgy.
Canlubang, Calamba
Laguna, containing an area of 181.50 square
meters, more or
 less; and the Original Owner’s Copy was
entrusted to me for
safekeeping;

COUNSEL: Do you have a Xerox copy of said Title?

WITNESS: Yes sir. Here it is. ( For the record, witness

giving counsel a
Xerox copy).

COUNSEL: We pray that said Xerox copy of the Title

be marked as
Exh. “E”. Please tell the Court how did
you lost said
Title.

WITNESS: That said Title was entrusted to me by my

pareants, the
registered owner of said parcel of land,
and I placed it
inside an envelope inside our cabinet inside
our bedroom.
That last April 28, 2005, I noticed that said
envelop was
missing including the title. Best efforts were
exerted to
locate the same prove futile.

COUNSEL: After confirming its loss, what did you do?

WITNESS: I reported its loss to the office of the

Register of Deeds of
Calamba City who advised me to execute an
affidavit of loss.

COUNSEL: Did you execute said affidavit?

WITNESS: Yes sir, here it is. ( Witness handing to

Counsel copy of said
affidavit). For identification purposes we pray
that it be
marked as Exh. “F”.

COUNSEL: Was that affidavit annotated in the Title?

WITNESS: Yes sir. Under Entry No. 770237 inscribed

on July 25, 2006
signed by Atty Marites Tamayo.

COUNSEL: We pray that said Entry be bracketed and

marked as
 Exh. E-1.To your personal knowledge and
oath, can you
please tell the court if said title was
encumbered or
mortgaged to any bank or private persons?
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WITNESS: Said title was not mortgaged to any bank

or private
persons. The office of Register of Deeds
issued a
CERTIFICATION OF NO CLAIM.

COUNSEL : We pray that this certification be marked

as Exh. G.

COMSR: The witness is excused.

COUNSEL: Your honor, during the initial hearing of

instant case, this
representation presented some documents
to prove
jurisdiction of this Honorable Court and
was duly marked
and admitted as Exhibits “A to D” and its
submarkings.

COUNSEL: Likewise, your Honor, during that initial

hearing, instant
petition was read aloud inside the
Courtroom and no
oppositor registered objection to the
granting of this
petition, hence this Honorable Court issued
an
Order of General Default except the
government. I have no
more witness nor documents to be marked.

COMR Make your formal offer.

COUNSEL: Petitioner wish to formally offer the following

evidence earlier
marked and admitted:

1. Exh. “A” and its sub-markings, is the

petition. purpose is to prove
jurisdictional fact;
2. Exh. “B” is the order of this Honorable
Court
 dated 21 Sept 2006, its purpose is to
prove
jurisdiction and notice of hearing;
3. Exh. “C” is the certificate of posting
dated Oct 29, 2006, its purpose is to
notify the public of said petition;
3. Exh. “D” and its sub-markings is
Registry Return Receipt addressed to
LRA dated Oct 4, 2006.
4. Exh. D-1 Registry Return Receipt from
Office of the Solicitor General dated
October 4, 2006.
5. Exh. D-2 is Registry Receipt from
office of the Registry of Deeds of
Calamba, Laguna.
6. Exh. E is Xerox copy of TCT No.
185714 ( 586501) to prove its issuance
to the petitioners.
7. Exh. E-1 is the Entry of said loss in
the dorsal side of the Title.
8. Exh. F is the Affidavit of Loss, to
prove its loss.
9. Exh. G is the Certification of No Claim
involving said Title. To prove no
transaction of said Title.
COMR: All exhibits from A to G is accepted.
COUNSEL: With the acceptance of our exhibits “A to
G” and the
Direct testimony of petitioner himself, we
formally rest
our case.
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