Republic of the Philippines

REGIONAL TRIAL COURT OF MISAMIS ORIENTAL

10th Judicial Region
Branch 41
Cagayan de Oro City

In re: Petition for Issuance of

Owners Duplicate Copy of
Transfer Certificate of Title
Nos. T-119406 and T-119407 MISC. CASE NO. 2016-119
by the Office of the Register
of Deeds of Cagayan de Oro
City,

Edna Irene San Jose, represented by

her Attorney-In-Fact, Leah A. Cartin,
Petitioner.
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JUDICIAL AFFIDAVIT
(LEAH A. CARTIN, Witness)

What follows is the judicial affidavit of LEAH A. CARTIN,

representing her direct testimony taken by Atty. Dale Bryan D. Mordeno
at his law office located at 1000 Dongallo Compound, Camaman-an,
Cagayan de Oro City on December 2, 2016. The affiant undertook to
answer the propounded questions fully conscious that she does so under
oath and she was aware that she may be held criminally liable for perjury
for false testimony:

1. Q. Please raise your right hand. Do you swear to tell the truth
and nothing but the truth in this proceedings?
A. Yes.

2. Q. Please state your personal circumstances.

A. I am LEAH CARTIN, of legal age, Filipino citizen, married
and a resident of Cagayan de Oro City.

3. Q. Are you the same person who is the Attorney-in-Fact of the

petitioner in this case?
A. Yes.

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4. Q. Why did you file this petition?
A. I desire that the Honorable Court issue an order declaring the
loss of the owners duplicate copy of Transfer Certificate of
Title Nos. T-119406 and T-119407 and consider it as void
and inoperative and, secondly, for the Honorable Court to
issue another order directing the Register of Deeds of
Cagayan de Oro City to issue a new owners duplicate
copies of Transfer Certificate of Title Nos. T-119406 and T-
119407 under the same terms and conditions as the original
copy.

5. Q. Can you tell the Honorable Court the name of the owner
registered in the owners duplicate copy of Transfer
Certificate of Title Nos. T-119406 and T-119407?
A. Edna Irene San Jose.

6. Q. What is your proof that Edna Irene San Jose is the registered
owner?
A. I have a copy of the Certified True Copies of the Transfer
Certificate of Title Nos. T-119406 and T-119407.

7. Q. Are you referring to the document already marked as Exhibit

A in the records?
A. Yes.

8. Q. You said the title was lost, can you tell the Court how did it
happen?
A. Edna Irene A. San Jose entrusted me the custody of the
owners copy of said land titles. However, on December 17,
2011, flash floods brought about by Typhoon Sendong swept
our residence at Tambo, Macasandig and as a consequence
of the flash flood, destroyed or carried-away our things,
including the owners duplicate of said titles.

9. Q. What did she do after she discovered that her owners

duplicate copies was already missing?
A. She executed an affidavit of loss.

10. Q. What is your proof that she executed an affidavit of loss?

A. I have a copy of the affidavit.

11. Q. Are you referring to the document marked as Exhibit B in

the records?
A. Yes.

12. Q. What did you do with the affidavit of loss?

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 A. I have it registered with the Register of Deeds, Cagayan de
Oro City.
13. Q. What is your proof of that registration?
A. The annotation was written shown in the owners duplicate
copy of the titles.

14. Q. Are you referring to the annotation marked as Exhibit C at

the dorsal portion of Transfer Certificate of Title Nos. T-
119406 and T-119407?
A. Yes.

15. Q. Do you have any other proof of that registration?

A. I also secured an annotated copy of the affidavit of loss from
Register of Deeds, Cagayan de Oro City.

16. Q. What is your proof of the annotation of the affidavit?

A. I have a copy of the annotated affidavit.

17. Q. Are you referring to the document attached and marked as

Exhibit D in this judicial affidavit?
A. Yes.

18. Q. Can you tell the Honorable Court if the owners duplicate
copy of Transfer Certificate of Title Nos. T-119406 and T-
119407 had not been delivered to any person or entity to
secure the payment or performance of any obligation
whatsoever nor is any transaction or document relating to the
same was presented or pending registration at the Office of
the Registry of Deeds for the City of Cagayan de Oro?
A. There is none.

19. Q. Please go over your answers in this judicial affidavit and tell
the Honorable Court if you answered the questions correctly.
A. Yes, I answered the questions correctly.

20. Q. Do you affirm and confirm the truthfulness of your answers?

A. Yes.

21. Q. Do you have more to say?

A. No more.

22. Q. Are you willing to sign this judicial affidavit?

A. Yes.

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 IN WITNESS WHEREOF, I have hereunto affixed my signature
this ______ day of ______________, Cagayan de Oro City, Philippines.

LEAH A. CARTIN
Affiant

SUBSCRIBED AND SWORN to before me this ______ day of

_____________ in Cagayan de Oro City. Affiant is personally known to
me and exhibited to me her CTC/I.D. No. _____________ issued on
________ issued at Cagayan de Oro City as proof of her true and correct
identity.

WITNESS MY HAND AND SEAL.

Doc. No.
Page No.
Book No.
Series of 2016

Copy furnished