GOODMORNING BACOLOD

Defendant,
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JUDICIAL AFFIDAVIT
I, JOSE RAFAEL GERARDO V. VARGAS, of legal age, Filipino
and a resident of Milagros Court, Lacson Street, Brgy. 40, Bacolod City,
Negros Occidental, after having been duly sworn to in accordance with law,
hereby depose and say:

That I have answered the questions asked of me fully aware and

conscious that I am doing so under oath and that I may face criminal
liability for false testimony or perjury for any untruthful statement in this
Judicial Affidavit.

1. Petitioner has already given due notice to the Registry of Deeds for
the Province of Negros Occidental that the owner’s duplicate copy of
TCT No. T-281766 was lost and the Notice of Loss has been annotated
at the back of the title thereof;

2. TCT No. T-281766 is free from any liens and encumbrances and has
not been mortgaged or encumbered to any person or entity;

DIRECT EXAMINATION

Q1 : Mr. Witness, are you the same Segundo Gaston, who is the
Petitioner in this case?
A1 : Yes.

Q2 : What is your purpose of coming to this Honorable Court?

A2 : I am seeking the help of this Honorable Court to issue the
Second Owner’s copy of TCT No. T-281766.

Q3 : Why? What happened to the second owner’s copy of TCT No. T-

281766?
A3 : Sometime in August 2019, it was discovered that the second
owner’s copy of TCT No. T281766 was missing;

Q4 : I am marking the certified true copy of TCT No. 281766 as

EXHIBIT “A.” You said that the second owner’s copy of TCT No.
T-281766 was lost, What did you do after?
A4 : We looked for the second owner’s copy of TCT No. 281766 in
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our files and in the vaults but found nothing. We exhausted

everything to find the same but proved unavailing and I
executed an Affidavit of Loss to attest to the truthfulness of the
fact of the loss and I recorded it with the Register of Deeds for
the Province of Negros Occidental and was duly annotated at
the back of the original copy of the said title;

Q5 : I am marking the Affidavit of Loss as Exhibit “B” and the

annotation at the back of the original copy of TCT No. T-
281766 with the Register of Deeds for the Province of Negros
Occidental under Entry No. 2019007376, dated December 11,
2019 be encircled and marked as Exhibit “A-1” ; What else did
you do
A5 : I went to the lawyer and he prepared the petition to be filed in
Court.

Q6 : I am marking the petition as Exhibit “C” and the

Verification/Certification of Non-Forum Shopping as Exhibit
“C-1” and the signature over the above printed name Segundo
Gaston as Exhibit “C-2”. Did you mortgage the property covered
by TCT No. T-281766?
A6 : No. The title of T-281766 was not mortgaged or encumbered to
any person or entity as the original copy with the Register of
Deeds for the Province of Negros Occidental shows that it is free
from all liens and encumbrances;

Q8 : What reliefs are you asking from this Honorable Court to grant
through this Petition?
A8 : I humbly pray before this Honorable Court that after due
consideration of the evidence I presented, to declare the Second
Owner’s Copy of TCT No. T-281766 to be forever lost and direct
the Register of Deeds for the Province of Negros Occidental to
issue a new one in lieu of the lost one.

I am marking the Order of this Honorable Court dated December 20,

2019 giving NOTICE for the hearing of this petition as Exhibit
“D”; the Affidavit of Posting as Exhibit “E”; and the Secretary’s
Certificate as Exhibit “F”.

Q9 : Do you have anything else to add?

A9 : That’s all for now.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

____ day of October 26, 2020 at Bacolod City, Philippines.

EXHIBITS:
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A - TCT No. T-281766

A-1 annotation of the affidavit of loss

B - Affidavit of Loss

C-1 & C-2 - jurat portion of the

Verification and Certification Against Forum Shopping
And signature of the petitioner

D - Order of the Honorable Court dated December 20, 2019 giving

Notice of the hearing of the petition and posting there in two (2)
conspicuous places.

E - Certificate of Posting.

D - Certificate of Posting

F - Secretary Certificate
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