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Sta. Rosa City, Laguna,: Judicial Affidavit

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REPUBLIC OF THE PHILIPPINES

FOURTH JUDICIAL REGION


MUNICIPAL TRIAL COURT IN CITIES
City of Sta. Rosa, Laguna
Branch_______

IN RE: PETITION FOR ISSUANCE OF


NEW OWNER’S COPY OF TRANSFER
CERTIFICATE OF TITLE NO. 40831
OF THE REGISTRY OF DEEDS FOR
STA. ROSA CITY, LAGUNA,

-versus-

SLRC CASE NO.:


PONCIANO ABANTO CAYOS,
Petitioner.

x------------------------------------------------------x

JUDICIAL AFFIDAVIT
I, Ponciano Abanto Cayos, of legal age, Filipino citizen,
married, state under oath as follows:

Preliminary Statement

The person examining me is Atty. Alpha Montanez with


address at R.C. Victoria Bldg. Manabat St. Brgy. San Antonio
Binan, Laguna. The examination is being held at the same address.
I am answering her questions fully conscious that I do so under
oath and may face criminal liability for false testimony or perjury.

PURPOSE: This affidavit/testimony of the plaintiff is being offered


to prove that the he is the lawful owner of the subject property in
question and that the title to the said parcel of land was lost

1. Q: Please state your name and other personal circumstances


for the record.

A: I am PONCIANO ABANTO CAYOS, of legal age, Filipino and


married residing at Barangay San Jose, Sta. Cruz, Laguna.

2. Q: Are you the same Ponciano Abanto Cayos, the petitioner in


this case?
A: Yes, ma’am.

3. Q: You made mention in your complaint that you bought a


parcel of land located at Lot -3C, Brgy. Tagapo, Sta. Rosa,
Laguna. Is that true?

A: Yes, ma’am.

4. Q: Do you have any proof that indeed you bought the


aforementioned property?

A: Yes, ma’am. I have here a notarized Deed of Absolute


Property dated 14 December 2020.

Counsel to the Court: Your honor we would like to manifest


that a copy of the said Deed of Absolute Sale was attached to the
Petition and was marked as Annex “A”.

5. Q: Can you particularly describe the subject lot?

A: The above-mentioned property has been declared for


taxation purposes under the name of Francisco Lawas under
Tax Declaration No. AP-17-0018-03767 issued by the Office of
the City Assessor of Santa Rosa, Laguna. Likewise, I have here
a copy of Transfer Certificate of Title No. 40831 on file in
Registry of Deeds of Calamba. The technical description of the
said lot is as follows:

TRANSFER CERTIFICATE OF TITLE NO. 40831

A parcel of land (lot 3-C, of the subdivision plan,


(LRC) Psd-213948, being a portion of Lot 3, (LRC)
Pcs-17498, LRC Rec. No. 8375), situated in the
Barrio Tagapo, Municipality of Sta. Rosa, Province
of Laguna, Island of Luzon. Bounded on the NW &
NE., point 4 to 6, by Lot 1342-A (LRC) Psd 40484 on
the SE, points 6 to 7, by Lot 3-A, points 7 to 11 by
Lot 3-B, both of the subdivision plan: on the SE,
points 11 to 1, by Lot 2, (LRC) Pcs-17488; and on
the NW., points 1 to 4, by Lot 3-D, of the
subdivision plan. Beginning at a point marked “1”
on plan, being S.69 deg.25’ W., 121.75M. from Mon.
N.4., Sta. Rosa, Estates: thence xxxx containing an
area of THREE HUNDRED EIGHTY TWO SQUARE
METERS (382) SQ. MTS.”
Counsel to the Court: Your honor we would like to manifest that a
copy of the said Transfer Certificate of Title No. 40831 was attached
to the Petition and was marked as Annex “C” and the Tax
Declaration No. AP-17-0018-03767 issued by the Office of the City
Assessor of Santa Rosa, Laguna is hereto attached as Annex “E”.

6. Q: Can you tell us how did you acquire the said property?

A: The negotiation of the sale started in the year 2019 when


petitioner’s friend intimated to him that a certain parcel of
land located at the back of his clinic was for sale. He
immediately contacted the owner of the land and he was
informed that they have inherited the said land from their
father, Francisco Lawas by virtue of an Extra-Judicial
Settlement with Special Power of Attorney.

Counsel to the Court: Your honor we would like to manifest that a


copy of the said Extra-Judicial Settlement with Special Power of
Attorney was attached to the Petition and was marked as Annex “B”.

7. Q: Mr. witness you made mention in your petition that the title
to the said property was lost and/or misplaced while in the
custody of the previous owner. Did you execute any
instrument to that effect?

A: Yes, ma’am. I have executed an Affidavit of Lost which


incident of loss or destruction was duly annotated at the
dorsal side of the title as Entry No. ___________ on __________.

Counsel to the Court: Your honor we would like to manifest that a


copy of the said Affidavit of Loss was attached to the Petition and
was marked as Annex “D” and the entry appearing thereon is
marked and bracketed as Annex “D-1”.

8. Q: Mr. witness since you have already acquired the said


property did you pay any taxes anent the said property?

A: Yes, ma’am. I paid the real property tax of the said property.

Counsel to the Court: Your honor we would like to manifest that a


copy of the official receipts of the real property tax payments for the
year 2021 was attached to this Petition and was marked as Annex
“F”.
9. Q: What are you asking this honorable court with respect to
this case?

A: I am praying that this Honorable Court would grant my


petition and subsequently order the Registry of Deeds of Sta.
Rosa City, Laguna to issue a new owner’s copy of Transfer
Certificate of Title No. 40831.

Counsel to the Court: Your honor, may we respectfully request that


this Judicial Affidavit be marked as Annex “G”. Nothing further your
honor.

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