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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
7th Judicial Region
Branch ___, Talisay City, Cebu

IN RE: PETITION FOR THE ISSUANCE

OF NEW OWNER’S DUPLICATE OF TRANSFER
CERTIFICATE OF TITLE NO. 58568 IN LIEU
OF THE ONE THAT WAS LOST.

HEIRS OF LOURDES DEL ROSARIO

Represented by JOCELYN B. GUTANG,
Petitioner,

-versus- LAND REGISTRATION CASE NO. ______

REGISTER OF DEEDS OF
CEBU PROVINCE
Respondent,
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JUDICIAL AFFIDAVIT
(JOCELYN B. GUTANG)

PRELIMINARY STATEMENT

That I, JOCELYN B. GUTANG, is a Filipino, of legal age, and a

resident of 761-A M. Pacubas Drive, Mambaling, Cebu City Philippines, hereby
depose and state that:

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

address at Central Poblacion, City of Naga, Cebu. 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 JOCELYN B. GUTANG is

being offered:

1) To prove that she is the representative of the HEIRS OF LOURDES

DEL ROSARIO who are the petitioners of this case;

2) To prove that LOURDES DEL ROSARIO is the registered owner of a

parcel of land known as Lot 1155, situated in Dumlog, Talisay City,
Cebu, with an area of 2,529 square meters and covered by Transfer
Certificate of Title No. 58568;
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3) To prove that Hermiginildo Trinidad is the one in possession of the

owners’ copy of Transfer Certificate of Title No. 58568;

4) To prove that Hermiginildo Trinidad ost in his possession the owners’

copy of Transfer Certificate of Title No. 58568;

5) And other matters in relation thereto.

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

Q1) Are you the same the representative of the HEIRS OF LOURDES
DEL ROSARIO who are the petitioners of this case?

ANSWER: Yes Sir.

Q2) Are you the one who prepared this petition?

ANSWER: Yes sir. The Heirs 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: We are filing this petition so that the petitioners will be

issued a new owners’ copy of Transfer Certificate of Title No. 58568
which was lost in my possession;

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

Certificate of Title No. 58568 is registered in the name of LOURDES
DEL ROSARIO, who is this LOURDES DEL ROSARIO?

ANSWER: She is the grandmother of the petitioners;

Q5) Are you familiar with Transfer Certificate of Title No. 58568?

ANSWER: Yes sir.

Q6) Why are you familiar with that Ms. witness?

ANSWER: I am familiar with that sir because I and Hermiginildo

Trinidad was in possession of the said Transfer Certificate of Title No.
58568;
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Q7) Showing to you the Certified True Copy of Transfer Certificate

of Title No. 58568, is this one you are referring to?

ANSWER: Yes, sir. That is the one.

Q8) How did you know that the owner’s copy of Transfer Certificate
of Title No. 58568 was lost?

ANSWER: II and Hermiginildo Trinidad were the one who safe keep the
said owners copy to distribute it among the heirs. When I checked it in
my cabinet files, it was not there anymore.

Q9) What did you do in order to retrieved the owner’s copy of the
said Transfer Certificate of Title No. 58568?

ANSWER: One of the Heirs of Lourdes Del Rosario in the person of

Monica Vergara who is now deceased executed an Affidavit of Loss and
had it annotated in the original copy of Transfer Certificate of Title No.
58568 in the Register of Deeds of Cebu Province.

Q10) Ms. Witness, I have with me a copy of the Affidavit of Loss that
was annotated in the original copy of Transfer Certificate of Title No.
T-59901 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 Monica Vergara

executed sir.

Q11) MS. witness, you have mentioned that Monica Vergara 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 Transfer
Certificate of Title No. 58568 with the annotation of the Affidavit of
Loss executed by Monica Vergara, 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 Monica Vergara executed was

clearly annotated in the Transfer Certificate of Title No. 58568 per
record in the Register of Deeds of Cebu Province;

Q. 12) How did it lost to your possession?

ANSWER: We lost the possession of Transfer Certificate of Title No.

58568 when we could not find it in my cabinet files. I was surprised that
the said owner’s copy could no longer be found after years of safe
keeping it.
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Q.13) What did you do when you lost possession of the owner’s copy
of Transfer Certificate of Title No. 58568?

ANSWER: I made a diligent search and efforts to locate the said owner’s
copy of Transfer Certificate of Title No. 58568 but it could never be found
such now that I believe that it has been lost beyond recovery.

Q. 14) 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 Transfer
Certificate of Title No. 58568 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 Transfer Certificate of Title No. T58568
which shall in all respects be entitled to like faith and credit as the original
duplicate

IN WITNESS WHEREOF, I have hereunto signed this __ day of

_________________ in ________________, Cebu, Philippines.

________________________________
JOCELYN B. GUTANG
AFFIANT

SUBSCRIBED AND SWORN to before me this _________ at

___________________, CEBU, 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 2022
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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
MCLE COMPLIANCE NO. VI-0027317

SUBSCRIBED AND SWORN to before me this __ day of

______________ 2022 at _____________, Philippines.

Doc. No. __
Page No. __
Book No. __
Series of 2022