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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—284653 OF THE
REGISTRY OF DEEDS OF
NUEVA ECIJA,

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 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

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and that I will be courting perjury if I told lies and falsehoods in these
proceedings.

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

Q2. Do you know the parcel of land covered by TCT No. NT—284653?
A2. Yes, sir. It is the parcel of land situated at Brgy. San Josef, Peñaranda,
Nueva Ecija where our house is also erected. It used to be part of TCT NT
211812, but it was partitioned and my parcel of land was eventually
covered by TCT No. NT—284653 while my brother’s was covered by TCT
No. NT—284652;

Q3. Do you have a copy of TCT No. NT-284653?


A3. Yes, sir. I have with me the certified true copy of the said title that I
obtained from the Register of Deeds of Nueva Ecija.

Q4. I am requesting this Honorable Court to have the said copy of TCT No. NT-
141643 be marked as Exhibit “A”, will you confirm it?
A4. Yes, sir.

Q5. Are you the registered owner of the said parcel of land covered by TCT No.
NT-284653?
A5. Yes, sir. I am the registered owner of the said parcel of land.

Q6. Who kept the possession of the TCT NT—284653?


A6. My half-brother, Bienvenido Esteban (Bien), sir?

Q7. Why did he keep the said TCT?


A7. Because I entrusted it to him sir after our properties were separated and
removed from TCT NT 211812. Even if we’re just half-brothers, we grew up
together in the same household, and I got used to the idea of entrusting
him my documents;

Q8. Where did Bien keep the subject TCT of this petition?
A8. He placed it in his attaché case sir. 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.

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Q10. So what happened next if any?
A10. 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.

Q11. What did she do after upon seeing that the attaché case was emptied?
A11. She called me and my brother, and we rushed to the scene. We 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 happened next if any?


A13. On 29 November 2021, we executed an affidavit of loss concerning the
Transfer Certificate of Title No. NT-284653. Thereafter, I caused the
affidavit to be annotated on the memorandum of Encumbrance of TCT No.
NT-284653;

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. 2021008140 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.
2021008140) on the fifth page of TCT NT-284653 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. I pay for it, sir.

Q26. Do you have proof of this?


A26. Yes, sir. Here is the Tax Clearance for the Tax Declaration of Real Property
No. 17-17007-00909 issued under my name pertaining to the subject
property. It has an assessed value of P 30,900.00. Its taxes are paid until the
4th quarter of 2022.
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Q27. This document will be marked as Exhibits “C” at the trial. Will you confirm
this?
A27. Yes, sir.

Q28. So Mr. Esteban, what do you request of this Honorable Court?


A28. I most respectfully request of this Honorable Court to order the issuance of
a second owner’s duplicate copy of TCT NT-284653.

Q29. I have no more questions to ask. Do you have any other thing to say?
A29. 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. III
Series of 2022

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