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Republic of the Philippines

REGIONAL TRIAL COURT
7th Judicial Region
Branch 80
Bogo City, Cebu

IN RE: PETITION FOR THE ISSUANCE

OF OWNER’S DUPLICATE OF ORIGINAL
CERTIFICATE OF TITLE NO. OP-9616
IN LIEU OF THE ONE THAT WAS LOST.

NORMA T. MEDALLO AND MILA M.

VELASCO
PetitionerS,

-versus- LRC CASE NO. 61-0411

REGISTER OF DEEDS OF
CEBU PROVINCE
Respondent.
x----------------------------------------------x

JUDICIAL AFFIDAVIT
(NORMA T. MEDALLO)

PRELIMINARY STATEMENT

The person examining me is Atty. Giovanni D. Sususco with office address

at Suite 306 Diaz Bldg. J Avila St. Osmeña Blvd., Cebu City. The
examination is being held at the same address. I am answering his questions
fully conscious that I do so under oath and may face criminal liability for
false testimony and perjury.

PURPOSE: This affidavit/testimony of witness NORMA MEDALLO is

being offered to prove that she is the petitioner of this instant petition: to
prove that she is the daughter of Genaro Medallo who is the registered
owner of the a parcel of land subject matter of this petition covered Original
Certificate of Title No. OP-9616; to prove the circumstances of how the
owner’s copy of Original Certificate of Title No. OP-9616 was lost; and
other matters in relation thereto.

After having been duly sworn in accordance with the law, the
petitioner hereby answers the following questions:

Q1) Are you the same NORMA MEDALLO who is the

petitioner in this case?
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ANSWER: Yes Sir.

Q2) Are you the one who prepared the foregoing

petition?

ANSWER: Yes sir. We went to the office of Atty. Giovanni

D. Sususco to help us prepare this petition.

Q3) What is your purpose of filing this petition?

ANSWER: I am filing this petition so that I will be issued

a new owners’ copy of the certificate of title of a parcel of land
left by my father located at Malbago, Madridejos, Cebu, which is
covered Original Certificate of Title No. OP-9616 and was lost in
my possession;

Q4) Ms. witness, you mentioned in your petition that Original

Certificate of Title No. OP-9616 is registered in the name of
GENARO MEDALLO, who is that person Ms. Witness and
where is he?

ANSWER: GENARO MEDALLO is my father sir and he is already

deceased sir.

Q5) What proof do you have to show that you are the daughter of
GENARO MEDALLO?

ANSWER: I have with me my Birth Certificate sir that will prove

that my father is Genaro Medallo.

Q6) Showing to you the said Certificate of Live Birth, is this the
one you are referring to?

ANSWER: Yes sir that is the one.

(Your honor may we request that this Certificate of Live Birth be

mark as our Exhibit ___)

Q7) Are you familiar with Original Certificate of Title No. OP-
9616?

ANSWER: Yes sir.

Q8) Why are you familiar with that Ms. witness?

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ANSWER: I am familiar with Original Certificate of Title No. OP-

9616 because when my father died I ma in possession of the owner’s
copy of the said certificate of title.

Q9) Showing to you the Certified True Copy of Original

Certificate of Title No. OP-9616, is this one you are referring to?

ANSWER: Yes, sir. That is the one.

Q10) How did you know that the owner’s copy of Original
Certificate of Title No. OP-9616 was lost?

ANSWER: When we and my siblings were about to make an

Extrajudicial Settlement of the Estate of our father, I found out that I
had no owner’s copy to present and that it could no longer be found in
the place where I put the owners copy of Original Certificate of Title
No. OP-09588.

Q11) Could you tell to this Honorable Court how did the owner’s
copy of Original Certificate of Title No. OP-9616 was lost?

ANSWER: That after the death of my father, I came to the possession

of the owner’s duplicate of copy of Original Certificate of Title No.
OP-9616. I placed it in the cabinet of our house along with the other
documents on the properties of my father. The said Original
Certificate of Title No. OP-9616 was inadvertently lost in my
possession when the said owners copy could no longer be retrieved
nor found inside my cabinet in my house where I usually placed all
my documents and papers;

Q12) What did you do inorder to retrieved the owner’s copy of

the said Original Certificate of Title No. OP-9616?

ANSWER: I executed an Affidavit of Loss and had it annotated in

the said Certificate of Title in the Register of Deeds of Cebu Province.

Q11) Ms. Witness, I have with me a copy of the Affidavit of Loss

that was annotated in the original copy of Original Certificate of
Title No. OP-9616 registered in the Register of Deeds of Cebu
Province, kindly go over of this Affidavit of Loss and tell to this
Honorable Court whether this is the same Affidavit of Loss that
you are referring to?

ANSWER: This is the same Affidavit of Loss that I and my sister had
executed sir.
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Q12) Ms. witness, you have mentioned that you caused the
annotation of the Affidavit of Loss at the records in the Register
of Deeds of Cebu Province, I have with me a copy of Original
Certificate of Title No. OP-9616 with the annotation of the
Affidavit of Loss executed by you and your sister, kindly go over
of this Certified True Copy and tell to this Honorable Court on
whether the said Affidavit of Loss was annotated in the said
Certificate of Title?

ANSWER: The affidavit of loss that I executed was clearly annotated

in the Original Certificate of Title No. OP-9616 per record in the
Register of Deeds of Cebu Province.

Q13) What is now your prayer Ms. Witness?

ANSWER: I respectfully pray that this Honorable Court will issue an

order declaring null and void the owner’s duplicate of Original
Certificate of Title No. OP-9616 which has been lost, and to order
and direct the Register of Deeds of Cebu Province, to issue in lieu
thereof, a new owner’s duplicate of Original Certificate of Title No.
OP-9616 which shall in all respects be entitled to like faith and credit
as the original duplicate

TH
IN WITNESS WHEREOF, I have hereunto signed this 9 day
of March 2020 in Cebu City, Philippines.

________________________________
NORMA MEDALLO
AFFIANT

SUBSCRIBED AND SWORN to before me this __ day of

__________ 2020 at Cebu City, Philippines. She attested that the
execution of this judicial affidavit is her free and voluntary act and
having fully understood the above statements.

Doc. No. ___

Page No. ___
Book No. ___
Series of 2020
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SWORN ATTESTATION

I hereby attest that I conducted the examination of the witness,

that I faithfully recorded the questions I asked and the corresponding
answers that the above-named witness gave; that neither I nor any
other person coached the witness regarding the answers she gave.

ATTY. GIOVANNI D. SUSUSCO

Roll of Attorneys No. 53097
Admitted to the Bar on April 26, 2007

SUBSCRIBED AND SWORN to before me this __ day of

______________ 2020 at Cebu City, Philippines.

Doc. No. __
Page No. __
Book No. __
Series of 2020