REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

THIRD JUDICIAL REGION
BRANCH ___
GAPAN CITY

IN RE: ISSUANCE OF NEW OR

SECOND OWNER’S
DUPLICATE COPY OF TCT
NO. NT—284652 OF THE
REGISTRY OF DEEDS OF
NUEVA ECIJA,

BIENVENIDO A. ESTEBAN,
represented by his attorney-in-
fact EDGAR L. ESTEBAN
Petitioner,

- versus - LRC CASE NO. ____________

THE REGISTER OF DEEDS
FOR THE PROVINCE OF
NUEVA ECIJA
Respondent.
X-------------------------------X

JUDICIAL AFFIDAVIT
OF EDGAR L. ESTEBAN

Question: Please state your name, age, civil status, address and other personal
circumstances.
Answer: I am EDGAR L. ESTEBAN, Filipino, of legal age, married, farmer, with
residence and postal address at Barangay San Josef, Peñaranda, Nueva
Ecija.
Purpose: To prove the truth and veracity of the allegations stated in the petition and to
identify the documentary exhibits attached hereto.

PRELIMINARY STATEMENT

The person interrogating me is lawyer Elijah B. Bactol. The interrogation is being

held in his office at #23 Bonifacio Street, Poblacion Central, General Tinio, Nueva Ecija. I
am informed and well-aware that I am submitting to his investigation under oath and that I
will be courting perjury if I told lies and falsehoods in these proceedings.

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Q1. Are you the same Edgar L. Esteban who is named as Attorney-in-fact of the
petitioner in the above-entitled petition?
A1. Yes, sir. I am that person.

Q2. The petitioner in this case is Bienvenido A. Esteban (Bien). How are you related to
him?
A2. He is my half-brother sir;

Q3. Do you know the parcel of land covered by TCT No. NT-284652?
A3. Yes, sir. It is the parcel of land situated at Brgy. San Josef, Peñaranda, Nueva Ecija
that is owned by the petitioner. It is adjacent to my property which is covered by TCT
No. NT-284653;

Q4. Do the petitioner have a copy of TCT No. NT-284652?

A4. Yes, sir. I have with me the Certified True Copy of said certificate of title that we
obtained from the Register of Deeds of Nueva Ecija;

Q5. I am now requesting this Honorable Court to have the said copy of TCT No. NT-
284652 be marked as Exhibit “A”, will you confirm it?
A5. Yes, sir.

Q6. Is the petitioner the registered owner of the said parcel of land covered by TCT No.
284652?
A6. Yes, sir. He is the registered owner of the said parcel of land and his name appears
on the title as owner?

Q7. Who kept the possession of the TCT No. 284652?

A7. It was kept by the petitioner sir.

Q8. Where did Bien keep the subject TCT of this petition?
A8. He placed it in his attaché case sir together with my own TCT. The same case was
kept in his house in Bicutan, Parañaque sir.

Q9. In which part of their house did he place the said attaché case which contained the
subject TCT?
A9. He placed it in his room sir. The rest of the house was occupied and rented by his
colleagues.

Q10. Is the TCT still in the possession of the petitioner?

A10. Unfortunately, sir, the TCT got lost sometime in 2016.

Q11. Do you know the circumstances attending the loss of TCT No. NT-294446
A11. Yes sir. In September 2016, my sister in law, visited their house in Parañaque, and to
her utter surprise, upon opening Bien’s room, she found the attaché case lying on
their bed, emptied. Bien and his family are not staying in his house in Parañaque
most of the time sir.

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Q11. What did she do upon seeing that the attaché case was emptied?
A11. She called me and my brother, and we rushed to the scene, sir. We diligently
searched for those documents and inquired from Bien’s colleagues and our relatives
if they noticed anyone who went inside Bien’s room, but all of them were clueless of
what happened;

Q12. What happened next if any?

A12. We inquired from a lawyer about the procedure and expense to reproduce the lost
title sir. We did not have enough money at that time, so we thought it best to save a
little before we do it.

Q13. So what did the petitioner do next if any?

A13. On 29 November 2021, we executed an affidavit of loss concerning the Transfer
Certificate of Title No. NT-284652. Thereafter, we caused the affidavit to be
annotated on the memorandum of Encumbrance of TCT No. NT-284652;

Q14. Do you have proof that you caused the annotation of the affidavit of loss in relation to
the lost TCT??
A14. Yes, sir. Said annotation can be found as Entry No. 2021008139 on page 5 of the
certified true copy of TCT NT-284653;

Q15. I am now requesting this Honorable Court to have the annotation ( Entry No.
2021008139) on the fifth page of TCT NT-284652 be marked as Exhibit “A-1” will
you confirm it?
A15. Yes, sir.

Q16. I will also ask this Honorable Court to mark this affidavit of loss as Exhibit “B” will you
confirm the same?
A16. Yes, sir.

Q17. Who pays for the real property tax on this property?
A17. He paid for it, sir.

Q26. Do you have proof of this?

A26. Here is the Tax Clearance for the Tax Declaration of Real Property No. 17-17007-
00908 which has an assessed value of P 38, 900 issued under name of the
petitioner pertaining to the subject property. Its taxes are paid until the 4 th quarter of
2022.

Q27. This document will be marked as Exhibits “C” at the trial. Will you confirm this?
A27. Yes, sir.

Q28. By the way, where is the petitioner in this case?

A28. He is currently in Manila sir.

Q29. Why is he not testifying in this case?

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A29. This past few weeks, his health worsened. His condition restricted his movement sir.
He is even required to be on oxygen ventilator from time to time sir.

Q30. Do you have an authority to testify on the petitioners’ behalf?

A30. Yes, sir. I have a Special Power of Attorney which he executed in my favor for the
purpose of this case.

Q31. I am now requesting the Honorable Court to have this SPA marked as Exhibit “D”,
will you confirm it?
A31. Yes, sir.

Q32. Who is in possession of the said parcel of land Mr. Esteban?

A32. My brother still is in possession of it sir. His house is erected on it, but his house is
often empty for they do not frequently stay here in Nueva Ecija;

Q33. So Mr. Esteban, what do you request of this Honorable Court?

A33. I am most respectfully request of this Honorable Court to order the issuance of a
second owner’s duplicate copy of TCT NT-284652 in my brother’s favor.

Q34. I have no more questions to ask. Do you have any other thing to say?
A34. None for the moment sir.

FURTHER AFFIANT SAYETH NAUGHT.

SIGNED this 10th day of January 2022 at General Tinio, Nueva Ecija.

EDGAR L. ESTEBAN
Affiant

Doc. No. ______

Page No. ______
Book No. ______
Series of 2022

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