Republic of the Philippines

REGIONAL TRIAL COURT

Second Judicial Region
Branch 03
Tuguegarao City, Cagayan

IN RE: PETITION FOR THE ISSUANCE OF

ANOTHER OWNER’S DUPLICATE ADM CASE NO 6097
COPY OF TRANSFER CERTIFICATE
OF TITLE (TCT) No. T-102359 OF
THE REGISTRY OF DEEDS OF
CAGAYAN, TUGUEGARAO CITY

ROSITA C. MORGADO,
Petitioner,

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

JUDICIAL AFFIDAVIT
(ROSITA C. MORGADO)

I, Rosita C. Morgado, Filipino citizen, of legal age, widow and a

resident of Amulung, Cagayan, after having been sworn to in
accordance with the law do hereby depose and state that:

PRELIMINARY STATEMENT

Atty. Orlando B. Bareng Jr. of Integrated Bar of The

Phillippines-Cagayan chapter is the lawyer who is questioning me in
this Judicial Affidavit. The interrogation is being conducted at IBP
office, Hall of Justice, Carig Sur, Tuguegarao City on October 18,
2019.

I am answering the questions fully conscious that I do so under

oath and that I may be held criminally liable for false testimony or
perjury.

PROFFER OF TESTIMONY

The testimony of the witness, Rosita C. Morgado, is offered to

prove the following:

1. She is the petitioner in the above-captioned petition;

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 2. The owner’s duplicate copy of Transfer Certificate of Title (TCT)
No. T-102359 in the name of Nena Caban was destroyed/loss;

3. The Registry of Deeds of Cagayan, Tuguegarao City was duly

notified of such destruction/loss of Transfer Certificate of Title
(TCT) No. T-102359 on July 23, 2019;

4. The said owner’s duplicate copy of Transfer Certificate of Title

Title (TCT) No. T-102359 was not mortgaged nor delivered to
any person as security for the performance of any obligation;

5. Petitioner faithfully complied with the Order dated August 20,

2019 of the Honorable Court which required for the posting of
the said Order and the Petition and its annexes in four (4)
conspicuous places in the Province of Cagayan;

QUESTIONS (Q) AND ANSWERS (A)

1. Q. Madam Witness, what is your interest in the present petition?

A. I am the petitioner sir.

2. Q.Are you the same person who filed the petition?

A. Yes Sir.

3. Q. Now, Madam witness, why did you file this petition?

A. Because the owner’s duplicate copy of Transfer Certificate of
Title (TCT) No. T-102359 was destroyed and I wanted the same to
be replaced sir.

4. Q. What happened to the petition?

A. It was given due course by the Honorable Court in its Order
dated August 29, 2019 and I was ordered to cause the posting
of the said Order in (a) Bulletin Board of the Province of
Cagayan; (b) Bulletin Board of municipality of Amulung,
Cagayan;and (c) Bulletin Board of Barangay Casingsingan
Norte, Amulung, Cagayan; and Registry of Deeds, Tuguegarao
City.

5. Q. What did you do when you received the order?

A. I immediately complied with the order sir.

6. Q. What is your proof of your compliance?

A. I have here various documents certifying my compliance sir.
(witness is handling to counsel some documents)

7. Q. You handed me three (3) CERTIFICATIONS issued by the

following: 1) Rosalinda P. Callang, DPA, Secretary to the

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 Sanggunian, Office of the Sangguniang Panlalawigan of Cagayan;
2) Marita B. Butacan, Secretary to the Sanggunian, Office of the
Sangguniang Bayan, Amulung, Cagayan; 3) Edgar S. Basa,
Barangay Captain of Barangay Casingsingan Norte, Amulung,
Cagayan; and . I will now mark them as Exhibits “A”, “B” “C”
and “C”and attach them to your Judicial Affidavit. Do you confirm
my action?
A. Yes sir.

8. Q. Now, from whom do the petitioner derived the right to file this
petition?
A. From Nena Caban.

9. Q. Who is Nena Caban?

A. The registered owner of the subject property sir.

10. Q. Do you have any proof that Nena Caban is the registered
owner of the subject property?
A. The electronic copy of Transfer Certificate of Title (TCT) No. T-
102359.

11. Q. Where is the electronic copy of that title?

A. Here sir. (Witness is handling a document to the counsel)

12. Q. You handed me the electronic copy Transfer Certificate of

Title (TCT) No. T-102359 in the name of Nena Caban. I will now
mark this electronic copy as Exhibit “D-1” for the first page, “D-
2”, for the second page, “D-3” for the third page and “D-4” for the
fourth page, do you agree?
A. Yes sir.

13. Q. How did the you acquire the right to file the petition?
A. I bought the land from the registered owner sir.

14. Q. Do you have any proof of the sale you mentioned?

A. Yes sir. The notarized Deed of Sale.
.
15. Q. Where is the Deed of Sale?
A. It was attached in the petition as Annex “B” sir.

16. Q. There is here a Copy of the Deed of Sale and annexed to

the petition as ANNEX “B”, is this the Deed of Sale you have said?
A. Yes sir.

17. Q. I will now mark this Deed of Sale as Exhibit “E-1” for the
first page and “E-2” for the second page and attach to your
Judicial Affidavit, do you agree?
A. Yes sir.

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18. Q. Now, where was TCT No. T-102359 registered?
A. In the Registry of Deeds of Cagayan, Tuguegarao City sir.

19. Q. Madam witness, has the copy of this TCT No. T-102359
ever delivered to any person as a security for an obligation at any
time before the filing of this petition?
A. No sir.

20. Q. Who was holding or taking custody of the owner’s duplicate

copy of TCT No. T-102359 when it was destroyed?
A. It was me sir.

21. Q. How did you obtain possession over the copy of the said
Certificate of Title?
A. It was delivered to me by Nena Caban sir.

22. Q. Why was the copy of the Certificate of Title given to you?
A. To facilitate the transfer of ownership over the said property in
my name sir.

23. Q. Where were you keeping the said title before it was
destroyed?
A. Inside a cabinet sir.

24. Q. How was the owner’s duplicate copy of TCT No. T-102359
got destroyed?
A. It was destroyed by the termites sir.

25. Q. Did you inform the Registry of Deeds of Cagayan,

Tuguegarao City of the fact of loss of the owner’s duplicate copy of
(TCT) No. T-102359?
A. Yes sir.

26. Q. When?
A. On July 23, 2019 sir.

27. Q. Do you have a proof to that?

A. Yes sir, the electronic copy of TCT T-102359 which bears the
annotation of the notice of loss.

28. Q. Where is that electronic copy?

A. It was already attached to this Judicial Affidavit and was
previously marked as Exhibits D-1 to D-4 sir.

29. Q. I have no further questions. Do you have anything to add or

retract?
A. None sir.

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 IN WITNESS WHEREOF, I hereby affix my signature this
___________________________ in Tuguegarao City, Cagayan.

ROSITA C. MORGADO
Affiant

SUBSCRIBED AND SWORN to before me this

___________________ in Tuguegarao City, Cagayan. Affiant is
personally known to me.

Doc No. ___

Page No. ___
Book No. ___
Series of 2019

ATTESTATION

I, Atty. Orlando B. Bareng Jr., with office address at Guillermo

and Sales Law Office, A.D Taccad Building, Enrile Boulevard,
Tuguegarao City, Cagayan, under oath, attests as follows;

I personally conducted the examination as witness of Rosita C.

Morgado in ADM CASE NO. 6097 pending at Regional Trial Court,
Branch 03, Tuguegarao, Cagayan; I faithfully recorded the questions I
asked and the corresponding answers that the witness gave and that
neither I nor any other person present or assisting me has coached
the witness regarding the latter’s
statement.

ATTY. ORLANDO B. BARENG JR.

SUBSCRIBED AND SWORN to before me this

___________________ in Tuguegarao City, Cagayan. Affiant is
personally known to me.

Doc No. ___

Page No. ___
Book No. ___
Series of 2019

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 Republic of the Philippines
REGIONAL TRIAL COURT
Second Judicial Region
Branch 03
Tuguegarao City, Cagayan

IN RE: PETITION FOR THE ISSUANCE OF

ANOTHER OWNER’S DUPLICATE
COPY OF TRANSFER CERTIFICATE
OF TITLE (TCT) No. T-102359 OF
THE REGISTRY OF DEEDS OF
CAGAYAN, TUGUEGARAO CITY
ADM CASE NO. 6097

ROSITA C. MORGADO
Petitioner,
X---------------------------------------------------X
SUBMISSION

PETITIONER, by counsel, to this Honorable Court, respectfully

submits her Judicial Affidavit, hereto attached, in the above-captioned
petition.

Respectfully submitted.

Tuguegarao City, Cagayan-___________________.

IBP CAGAYAN-LEGAL AID

Counsel for the Petitioner

By:

ORLANDO B. BARENG JR.

Attorney’s Roll No. 73345
PTR No. 9353187/ 6-28-2019/CGYN
IBP Mem. O.R No. 088576/05-15-2019/CGYN
A.D Taccad Bldg.,Enrile Blvd.,
Carig Sur, Tug. City
barengorlando@yahoo.com.ph
0905-692-8114
Admitted to BAR 2019; MCLE not yet required