REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
BRANCH 105, QUEZON CITY

PETITION FOR THE ISSUANCE OF A

NEW OWNER’S DUPLICATE COPY OF
TRANSFER CERTIFICATE OF TITLE
NO. N-188547 OF THE REGISTRY OF
DEEDS FOR QUEZON CITY,

LRC CASE NO. 34359(12)

SPS. NOEL M. ARANCILLO and FE V.

ARANCILLO
PETITIONER.
x-------------------------------------------x

OFFER OF TESTIMONY; PURPOSE –

Petitioners, thru counsel, respectfully offers the testimony of Mr. Noel

M. Arancillo to prove the allegations in the petition, particularly for the

issuance of new owner’s duplicate of title and the following:

1. To prove that he is the husband and duly authorized

representative of his wife, Fe V. Arancillo;

2. To prove that Estelita G. Ocoma mortgaged her property covered

by TCT No. N-188547 in the amount of One Million Five Hundred Thousand

(P1,500,000.00) Pesos to herein petitioners;

3. To prove that Estelita G. Ocoma failed to pay herein petitioners;

4. To prove that the TCT No. N-188547 was lost in petitioners

possession and the necessary affidavit of loss executed and caused the

annotation in the title;

4. To prove other matters relevant to the petition and to identify

documents related to the petition.

JUDICIAL AFFIDAVIT OF PETITIONER NOEL M. ARANCILLO

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 I, NOEL M. ARANCILLO, hereby declare in this JUDICIAL AFFIDAVIT,
the following:

(a) My name is Noel M. Arancillo, Filipino, married, with residence

address at B15 L5 Judea St., Multinational Village, Parañaque
City;

(b) Atty. Charlie S. Garcia conducted the examination or

questioning;

(c) In answering the questions asked of me, I was fully conscious

that I was doing so under oath, and that I may face criminal
liability for false testimony or perjury; and

(d) The questions asked of me and corresponding answers are

herein consecutively number, to wit:

1) QUESTION: Please state your name, age, occupation and other

personal circumstances.

ANSWER: I am Engr. Hermes Jude G. Juntilo, 42 years old married, a

licensed engineer employed with NHA-Region VII, with
residential postal address at 15 Cabarrubias St. San Jose
Village Tisa Cebu City.

2) QUESTION: You made mention that you are working for NHA, what is
your position?

ANSWER: I am assigned as a Senior Engineer A at NHA Region VII.

3) QUESTION: As an Engineer of NHA, what are among your important

duties and functions?

ANSWER: Among other important functions are Site Investigation,

Engineering Design and Planning, Project Cost
Estimates of proposed housing sites; Works
Engineering during project implementation,
representation to various Local Housing Boards and
Project Monitoring of ongoing projects.

4) QUESTION: What are among the projects you have handled?

ANSWER: NHA Resettlement Sites in Talisay City, Local Housing

Projects in Bogo Cebu and Toledo City, PAF 3 Medium Rise
Housing in Mandaue City, NHA- DOH Housing
Projects in Carreta and Sambag 2 Cebu City, Busay
Heights Housing Project Estate Management Assistance
and Tisa-Punta Housing Project Monitoring.

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5) QUESTION: You made mention of Tisa-Punta Housing Project, is that
the property subject matter of this case?

ANSWER: Yes, ma’am.

6) QUESTION: In your experience, what is the normal procedure before a

housing project of NHA may be implemented?

ANSWER: Among the important steps in undertaking this kind of a

housing project are site evaluation and investigation,
community preparation, planning and pre-feasibility
study. Since this project can be considered by NHA as
“Slum Upgrading” Project-wherein the beneficiaries are on
site, with this scheme “Maximum Retention,
Minimum Displacement” will be followed. A preliminary
land survey must be undertaken to determine actual situation of
structures on site and to assist the NHA planners for the
preparation of re-blocking plan in consonance
with BP 220 standard.

7) QUESTION: What happens next?

ANSWER: This subdivision scheme is then finalized and presented to

the Community Association. In TIPUN’s case, the CA
requested to undertake the survey of the project and
contracted a Geodetic Engineer’s services for this
purpose. The subdivision plan presented and approved by NHA
was then given to the CA’s Geodetic Engineer
for computation and eventual submission to DENR-LMS
(Land Management Section) VII.

8) QUESTION: What happens after the submission of the survey plan to

the Bureau of Lands?

ANSWER: NHA proceeds with the implementation of land survey.

9) QUESTION: Do you not wait for the approved subdivision plan?

ANSWER: Due to the exigency of government service, we sometimes

proceed with the project and awarding of lots and just await
for the approved subdivision plan.

10) QUESTION: What other reasons did NHA have why you did nit wait for
the subdivision plan?

ANSWER: The entire project map/lot plan implemented which was

approved in consultation with the CA is the same as the
one submitted to the DENR-LMS VII. Also because we needed
money for the plan and not all the beneficiaries
contributed for the payment of the plan and we are still in
the process of finding the funds for it.

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11) QUESTION: Would it not be wise to wait for the approved subdivision
plan?

ANSWER: Yes, but sometimes it takes months or sometimes even

years for a plan to be approved and we cannot wait that
long because the project is already occupied and our
beneficiaries have nowhere else to live.

12) QUESTION: Are the beneficiaries informed of this?

ANSWER: Yes, we informed them that the NHA subdivision plan for
the project has yet to be approved by the DENR-LMS VII,
but it is the same subdivision plan that was also the
basis of their individual lot awards. In fact, since the CA
contracted the GE, they were also directly coordinating
with the GE and were aware of the status of the
approval of the plan.

13) QUESTION: In the Tisa-Punta, why was the project implemented

without the subdivision plan approved by DENR-LMS?

ANSWER: Because there were already occupants within the project

and the beneficiaries wanted to start paying for their
lot so that they can improve their structures. If we
waited for the approved plan, we cannot provide for their
immediate security of tenure. The NHA- approved
subdivision plan was coordinated with the association’s
GE and with the CA before it was submitted to the DENR-LMS
approval.

14) QUESTION: What are the problems encountered during the

implementation of the lot survey with this project?

ANSWER: I can only speak of issues encountered during my tenure

like regarding building improvements of beneficiaries
that is inconsistent with the NHA Subdivision
Plans.

15) QUESTION: Why?

ANSWER: Like in the case of Mr. Yutico wherein he requested for the
implementation of his right of way as
designated on the NHA approved subdivision plan.

16) QUESTION: Can you explain further?

ANSWER: After NHA made an evaluation on subject area, we found

that Mrs. Noel has encroached on the designated right of
way of Mr. Yutico.

17) QUESTION: What did you do?

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ANSWER: Several attempts to settle the dispute of Mrs. Noel’s
encroachment upon the right-of way of Mr. Yutico but
nothing happened.

18) QUESTION: Did you try to speak with Mrs. Noel personally?

ANSWER: Yes, we wrote her several letters. The matter was even
brought to the Barangay on January 27, 2007 wherein Ms.
Noel promised to survey her lot, January 29, 2009 were
NHA volunteered to undertake the survey of the
Road Right of Way for Lot 2, Block 7 of Mr. Yutico and February
19, 2009 where NHA presented to the LUPON the result
of the survey. The case is designated as Barangay
case No. 1182.

19) QUESTION: Do you have a copy of the subdivision plan?

ANSWER: Yes. Here is the subdivision plan fro the Tisa-Punta.

MANIFESTATION: Your Honor, may we request that this be marked as

Exhibit __________ for NHA.

20) QUESTION: What else transpired during the Barangay Case meetings?

ANSWER: February 19, 2009, I, together with Mrs. Noel and Mr.
Yutico went to the Barangay to discuss the
result of the survey, which Mrs. Noel refused to accept.
The parties were given by the Barangay a
Certification to File Action.

21) QUESTION: What happened next?

ANSWER: The NHA sent her another letter on July 29, 2009, informing
here of her encroachment.

22) QUESTION: Do you have a copy of this letter?

ANSWER: None at the moment. The matters which took place after
February 2009 will be discussed by NHA’s next witness.

_____________________________
ENGR. HERMES JUDE G. JUNTILO
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, this _______________ at

the City of Cebu, affiant exhibiting to me his NHA ID with No.
_________________ and who manifested to me that the same is his free
voluntary act and deed.

NOTARY PUBLIC

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Doc. No. _________
Page No. ________
Book No. ________
Series of 2013.

SWORN ATTESTATION

I, CHARLIE S. GARCIA, the lawyer who conducted the examination of

the above-named witness, Noel M. Arancillo, hereby certify and attest that:

1. I faithfully recorded the questions asked and the corresponding

answers that the witness gave.

2. Neither I nor other persons then present or assisting me coached

the witness regarding the latter’s answers.

Quezon City, _____________, 2013.

CHARLIE S. GARCIA

SUBSCRIBED AND SWORN TO BEFORE ME, this _______________ at

the City of Quezon, affiant personally known to me and who manifested to
me that the same is his free voluntary act and deed.

NOTARY PUBLIC
Doc. No. _________
Page No. ________
Book No. ________
Series of 2013.

EXPLANATION

Copies of the foregoing pleading are being served by registered mail

due to lack of office personnel to effect personal filing and service of the
same as the lone liaison officer in the office is burdened with filing and
serving other pleadings for equally-important cases.

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 CHARLIE S. GARCIA

Copy furnished:

Mark Elton C. Garrote

(Counsel for Plaintiff)
Rm. 204, Aniceta Bldg.
Osmeña Blvd., Capitol Site
Cebu City

Atty. Rodulfo D. Dacalos, Jr.

(Counsel for Defendant Yutico)
222 N. Bacalso Avenue
Mambaling, Cebu City

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