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Republic of the Philippines

8th Judicial Region


REGIONAL TRIAL COURT
Branch 28
Catbalogan City

IN RE: PETITION FOR ISSUANCE


OF NEW OWNER’S DUPLICATE
COPY OF TRANSFER CERTIFICATE
OF TITLE NO. T- 2642 IN LIEU OF THE
ONE LOST.

SPCL PROC. NO. 8651-5-


7-19

RAUL G. ASTORGA
Petitioner.
x----------------------------------------------x

FORMAL OFFER OF DOCUMENTARY EXHIBITS

COMES NOW, PETITIONER, by counsel, unto the


Honorable Court, most respectfully offers the following documentary
exhibits for admission, to wit;

Exhibit “A” – Petition dated 21 December 2018 signed by Raul


G. Astorga, petitioner consisting of five (5) pages;

Exhibit “A-1” – second (2nd) page;

Exhibit “A-2” – third (3rd) page;

Exhibit “A-3” – verification and certification of non- forum


shopping;
Exhibit “A-3-a” - signature of Raul G. Astorga, petitioner;

Exhibit “A-3-b” - jurat and signature of the notary public;

Exhibit “A-4” - the receipt of a copy of the petition by


the Office of the Register of Deeds of
Samar, dated 17 March 2019;

Purpose: This exhibit and its series is being offered to show that
petitioner filed the instant petition in order that a new owner’s duplicate
copy of Transfer Certificate of Title No. T- 2642 be issued in lieu of
the lost original duplicate copy of the same and to prove that a copy of

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the petition was furnished the respondent Register of Deeds of Samar
represented by it’s Acting Register of Deeds;

EXHIBIT “B” – Photocopy of the Transfer Certificate of Title


No. T- 2642 REGISTERED IN THE NAME OF MANUEL B.
ASTORGA consisting of five (5) pages;

EXHIBIT “B-1” - Second (2nd) page;

EXHIBIT “B-2” – Third (3rd) page;

EXHIBIT “B-3” - Fourth (4th) page;

EXHIBIT “B-4” - Fifth (5th) page;

Purpose: This exhibit and its series are being offered to show that
the property covered by TCT No. T- 2642 was registered in the name
of Manuel B. Astorga and that the original copy thereof is still intact
and existing in the Office of the Register of Deeds of Samar;

EXHIBIT “C” - Affidavit of Loss, dated 24 November 2018 ;

EXHIBIT “C-1” - signature of Raul B. Astorga;

EXHIBIT “C-1-a” - Jurat including signature of notary public;

Purpose: This exhibit and its series is being offered to prove


that the original owner’s duplicate copy of TCT No. T- 2642 was lost
and that petitioner, Raul B. Astorga executed an affidavit of loss
alleging, among others, the circumstances leading to the loss of the
owner’s duplicate copy of TCT No. T- 2642 and this affidavit was filed
with the Office of the Register of Deeds of Samar;

EXHIBIT “D” - Order of the Honorable Court, dated 27 May,


2019 consisting of one (1) page;

Purpose: This exhibit is being offered to show that the


Honorable Court issued an Order dated 27 May 2019 finding the
petition to be sufficient in form and substance and ordering the
petition to be posted in the bulletin board of this Court, Municipal Hall
of Jiabong, Samar and at the Barangay Hall of Brgy. Tagbaya-on,
Jiabong, Samar, where the property is located.

EXHIBIT “E” – Certificate of Posting, dated 03 June 2019,


signed by Nordan Roy O. Zosa, Sheriff IV ;

EXHIBIT “E-1” - name and signature of Nordan Roy O. Zosa,


Court Sherrif IV of RTC Branch 28, Bulwagan ng Katarungan,
Catbalogan City
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Purpose: This exhibit and its series is being offered to prove
that in compliance with the Order of the Honorable Court dated 27
May 2019, Nordan Roy O. Zosa, Court Sherrif IV of RTC Branch 28,
posted the Order at the bulletin board of the Bulwagan Ng
Katarungan, Municipal Hall of Jiabong, Samar and at the Barangay
Hall of Brgy. Tagbaya-on, Jiabong, Samar, where the property is
located;

Exhibit “F” - Judicial Affidavit of Raul B. Astorga, petitoner;

Exhibit “F-1” - 2nd page thereof;

Exhibit “F-2” - 3rd page;

Exhibit “F-3” - 4th page;

Exhibit “F-4” - 5th page

“F-4-a” - the name and signature of petitioner, Raul G.


Astorga;
“F-4-b - jurat and signature of the notary public;

Exhibit “F-5” - 6th page;

“F-5-a” - Attestation

“F-5-b” - jurat and signature of the notary public;

Purpose: This exhibit and its series is being offered to show that
Raul G. Astorga is the petitioner in the instant case and he filed this
petition in order to inform this court that the duplicate copy of TCT
No. T- 2642 the name of Manuel B. Astorga was lost and that the
same be declared as null and void and without legal effect and that an
affidavit of loss was executed by herein-petitioner alleging the facts
and circumstances which led to the loss of the owner’s duplicate copy
and that a copy of affidavit of loss was filed with the Office of the
Registered of Deeds of Samar and the said owner’s duplicate copy
were not delivered to any bank, financial institution or to a third
person/s as a collateral for the payment of a loan or the performance of
an obligation nor submitted to the Office of the Register of Deeds of
Samar in connection with any financial transactions involving the
same.

This exhibit and its corresponding series are also being offered as
part of the testimony of petitioner who testified and identified the
same and also to show and prove that petitioner has complied the
jurisdictional requirements for the court to try and resolve the instant
petition and as part of the testimonies of the petitioner.

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Exhibit “G” - Judicial Affidavit of Pedro Geradila;

Exhibit “G-1” - 2nd page thereof;

Exhibit “G-2” - 3rd page;

“G-2-a” - the name and signature of petitioner, Pedro


Geradila;
“G-2-b” - jurat and signature of the notary public

Exhibit “G-3” - 4th page;

“G-3-a” - Attestation

“G-3-b” - jurat and signature of the notary public;

Purpose: The testimony of the witness is being offered to prove that


the Transfer Certificate of Title No. T- 2642 at Brgy. Tagbaya-on,
Jiabong, Samar, registered in the name of Manuel B. Astorga is still
existing and intact and on file at the Office of the Register of Deeds of
Samar and to prove that the title is clean and there are no annotations
regarding sales and loans and to prove that the Transfer Certificate of
Title No. T- 2642 and the certified true copy of the subject Transfer
Certificate of Title and that the owner’s duplicate copy thereof were
not made as a collateral to warrant the payment of the loan/s or the
performance of an obligations or given to the Office of the Register of
Deeds for processing of whatever official transactions involving the
herein owner’s duplicate copy.

WHEREFORE, it is most respectfully prayed, that the


documentary exhibits being offered for admission be ADMITTED and
thereafter the petitioner rests his case.

Catbalogan City, Samar, June 28 2019.

The Branch Clerk of Court


Regional Trial Court
Bulwagan ng Katarungan
Catbalogan City

Madam:

Please submit the foregoing Formal Offer of Documentary


Exhibits for the kind consideration and resolution of the Honorable
Court immediately upon receipt hereof.

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ATTY. DEMETRIO MEDINO J. ACUBA

Copy Furnished: (personal service)


Office of the Register of Deeds of Samar
Catbalogan City

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