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SAMPLE JA ADMIN

Republic of the Philippines


REGIONAL TRIAL COURT
Second Judicial Region
Branch II
Tuao, Cagayan
IN RE: PETITION FOR THE
ISSUANCE OF ANOTHER OWNERS
DUPLICATE COPY OF ORIGINAL
CERTIFICATE OF
TITLE
NO.
___________.
ADM.CASE NO.________

JUAN DELA CRUZ,


Petitioner,
x--------------------------------------------x

JUDICIAL AFFIDAVIT
This is an examination of Tomas Florenino conducted by the
undersigned counsel in the latters Law Office located at Di
Mahanap Street, Tuguegarao City, Cagayan. Further, the
undersigned counsel, unto this Honorable Court, respectfully
submits this Judicial Affidavit of the above-named witness.
PREFATORY STATEMENT
I, JUAN DELA CRUZ, of legal age, married, Filipino citizen
and a resident of ZonaKwatro, Liko-Liko Street, Di MatanawBrgy.,
Cagayan. I am fully aware that I am under oath and that I could
be held criminally and civilly liable for any false statement that I
would make. I am willing to proceed with my testimony in this
Judicial Affidavit.

JUAN DELA CRUZ


PROFFER OF ORAL TESTIMONY
The testimony of JUAN DELA CRUZ is offered to prove the
following: (1) that he is the brother of MARIA DELA CRUZ; (2)
that MARIA DELA CRUZ is the lawful owner of a parcel of land
covered under Original Certificate of Title No. P-___________
which is marked as EXHIBIT A; (3) that MARIA DELA CRUZ had
lawfully acquired the same from JUANA DE KO ALAM through
Extrajudicial Settlement with Deed of Absolute Sale which is
marked as EXHIBIT G; (4) that the Original Certificate of Title
No. _____ is lost in MARIA DELA CRUZS possession which
prompts her to execute an Affidavit of Loss which is marked as
EXHIBIT H; (5) that he will identify relevant documents; and
(6) that he will testify on other matters pertaining to surrounding
circumstances in the instant petition.
DIRECT TESTIMONY OF TOMAS FLORENTINO
Q01: How are you related with the petitioner in the instant
petition?
A01: She is my sister, sir.
Q02: Do you know the nature of the instant petition she had
filed?
A02: Yes, sir. This case is for the issuance of another owners
duplicate copy of Original Certificate of Title No. _____, sir.
Q03: Who is the owner of the parcel of land covered under
Original Certificate of Title No.P______?
A03: My sister Maria dela Cruz, sir.
Q04: How big is the parcel of land?
A04: It contains an area of Four Thousand Five Hundred and
Ninety One (4,591) square meters, sir.

Q05: Who is the registered owner of that parcel of land covered


under Original Certificate of Title No._____?
A05: It was registered in the name of Pedro dela Cruz, sir.
Q06: If I show to you the Original Certificate of Title No.
_______, will you be able to identify the same?
A06: Yes, sir.
Q07: I am showing to you this Original Certificate of Title No.
_____, what can you say about this title?
A07: This is the one I am referring earlier, sir.
ATTY. _____________:
Your honor, I am making on record that I showed and
handed to Juan dela Cruz the copy of the Original Certificate of
Title No. ______, and that he identified the same. The Original
Certificate of Title No. P-5044 is marked as EXHIBIT A.
Q08: Do you know who is this Pedro dela Cruz?
A08: Yes, sir.
Q09: Why do you know him?
A09: He is the grandfather of CARING TODO MAX from whom
my sister bought the parcel of land, sir.
Q10: Who are the parents of Caring dela Cruz, if you know any?
A10: Mariano dela Cruz and Ildefonsadela Cruz, sir.
Q11: How did Caring Todo Max acquired the parcel of land that is
covered under Original Certificate of Title No. _______?
A11: She inherited it from her father, Mariano dela Cruz,
because the latter is the sole son of Pedro dela Cruz, sir.
Q12: Do you have any proof of your claim that Mariano dela Cruz
is the sole son of Pedro dela Cruz?
A12: Yes, sir.
Q13: What is your proof?

A13: The Negative Certification of Birth issued by the National


Statistics Office, sir.
Q14: If I show to you a copy of Negative Certification of Birth of
Mariano dela Cruz issued by the National Statistics Office,
will you be able to identify the same?
A14: Yes, sir.
Q15: I am showing to you a copy of Negative Certification of
Birth issued by the National Statistics Office, what can you
say about this document, if there is any?
A15: This is the Negative Certification of Birth issued by the
National Statistics Office that I was referring to earlier, sir.
ATTY. _____________:
Your honor, I am making on record that I showed and
handed to Juan dela Cruz the copy of Negative Certification of
Birth, and that he identified the same. The Original Negative
Certification of Birth is marked as EXHIBIT B.
Q16: You have said earlier that Caring dela Cruz is the daughter
of Mariano dela Cruz, do you have any proof to your claim?
A16: Yes, sir.
Q17: What is your proof?
A17: The Marriage Certificate between Mariano dela Cruz and
Ildefonsadela Cruz and the Birth Certificate of Caringdela
Cruz, sir.
Q18: If I show to you the Marriage Certificate between Mariano
dela Cruz and Ildefonsadela Cruz and the Birth Certificate
of Caring dela Cruz, will you be able to identify the same?
A18: Yes, sir.
Q19: I am showing to you a copy of Marriage Certificate between
Mariano Florentino and Ildefonsa Valencia and the Birth
Certificate of Eva Florentino, what can you say about this
document, if there is any?

A19: This is the Marriage Certificate and Birth Certificate that I


was referring to earlier, sir.
ATTY. LOUIE A. SOCRATES:
Your honor, I am making on record that I showed and
handed to Tomas Juan dela Cruz the copy of the Certificate
between Mariano dela Cruz and Ildefonsadela Cruz and the Birth
Certificate of Caring dela Cruz, and that he identified the same.
The Marriage Certificate and Birth Certificate are marked
as EXHIBIT C and EXHIBIT D.
Q20: You also said that Caring dela Cruz inherited the parcel of
land covered under Original Certificate of Title No.
_______, is it safe to say that the parents of Caring dela
Cruz were already deceased?
A20: Yes, sir. They were already departed.
Q21: What is your proof?
A21: The Death Certificates of Mariano
Ildefonsadela Cruz and itself, sir.

dela

Cruz

and

Q22: If I show to you the Death Certificates of Mariano dela Cruz


and Ildefonsadela Cruz, will you be able to identify the
same?
A22: Yes, sir.
Q23: I am showing to you the copies of Death Certificates of
Mariano dela Cruz and Ildefonsadela Cruz, what can you
say about this document, if there is any?
A23: These are the Death Certificates of Mariano dela Cruz and
Ildefonsadela Cruz, sir.
ATTY. __________________:
Your honor, I am making on record that I showed and
handed to Tomas Florentino the copy of the Death Certificates of
Mariano dela Cruz and Ildefonsadela Cruz, and that he identified
the same. The Death Certificates of Mariano dela Cruz and

Ildefonsadela
EXHIBIT F.

Cruz are marked as EXHIBIT E and

Q24: Can you tell me how you acquired the parcel of land
covered
under
Original
Certificate
of
Title
No.
________fromCaring dela Cruz?
A24: Sometime in year 2010, Caring dela Cruzwith the
conformity of her mother, Ildefonsadela Cruz, verbally
offered to sell the parcel of land covered under Original
Certificate of Title No. _______, sir.
Q25: What happened next, if there is any?
A25: Caring dela Cruz handed to Maria dela Cruz the Original
Certificate of Title No. _________to serve as a guaranty,
sir.
Q26: After she handed the Original Certificate of Title No.
______, what happened next?
A26: I place it in a organizing folder that contains different kinds
of important documents, sir.
Q27: What did they do after, if there is any?
A27: To fully perfect their agreement, Maria dela Cruz and
Caring dela Cruz executed an Extrajudicial Settlement with
Deed of Absolute Sale, sir.
Q28: Do you have proof to that effect?
A28: Yes, sir.
Q29: What is your proof?
A29: The Extrajudicial Settlement with Deed of Absolute Sale,
sir.
Q30: If I show to you the copy of Extrajudicial Settlement with
Deed of Absolute Sale, will you be able to identify the
same?
A30: Yes, sir.

Q31: I am showing to you the copy of Extrajudicial Settlement


with Deed of Absolute Sale, what can you say about this
document, if there is any?
A31: This is the Extrajudicial Settlement with Deed of Absolute
Sale that they executed, sir.
ATTY. __________:
Your honor, I am making on record that I showed and
handed to Juan dela Cruz the copy of the Extrajudicial Settlement
with Deed of Absolute Sale, and that he identified the same. The
Extrajudicial Settlement with Deed of Absolute Sale is
marked as EXHIBIT G.
Q32: What happened next, if there is any?
A32: We came to know only that the organizing folder where she
placed the Original Certificate of Title No. _______
including other important documents went missing.
Q33: What did you after, if there is any?
A33: We diligently search and made an effort to locate the
organizing folder, sir.
Q34: Did you find the organizing folder containing among others
the Original Certificate of Title No. _______?
A34: No, sir.
Q35: What did you do after, if there is any?
A35: My sister, Maria dela Cruz, executed an Affidavit of Loss,
sir.
Q36: If I show to you the copy of Affidavit of Loss executed by
Maria dela Cruz, will you be able to identify the same?
A36: Yes, sir.
Q37: I am showing to you the copy of Affidavit of Loss executed
by Maria dela Cruz, what can you say about this document,
if there is any?

A37: This is the Affidavit of Loss executed by Maria dela Cruz,


sir. I can identify the same because this is her signature.
ATTY. _________________:
Your honor, I am making on record that I showed and
handed to Juan dela Cruz the copy of the Affidavit of Loss, and
that he identified the same. The Affidavit of Loss is marked as
EXHIBIT H.
Q38: By the way Juan dela Cruz, do you have any authority to
appear and testify on behalf of the petitioner?
A38: Yes, sir.
Q39: What is your proof, if there is any?
A39: This Special Power of Attorney, sir
ATTY. LOUIE A. SOCRATES:
Your honor, I am making on record that Juan dela Cruz
showed and handed to me the copy of the Special Power of
Attorney. The Special Power of Attorney is marked as
EXHIBIT I.
Q40: With all the disclosure that you have made, my question is
that why do you have such relevant information in regards
to this instant case?
A40: I have first hand information because I am with my sister
for all the dealings/transactions that she made, sir.
Q41: I have nothing more to ask, do you want to add more to
your testimony?
A41: No more, sir.
Q42: Peruse the foregoing questions and answers and examine
your own statements in this Judicial Affidavit before you
sign it. Do you confirm and affirm to the truthfulness and
veracity of all the foregoing?
A42: Yes, I confirm and affirm that the foregoing statements in
my Judicial Affidavit are true and correct according to my

personal knowledge of the surrounding circumstances. The


same shall serve as my direct testimony in the abovecaptioned case.
Q43: Are you willing to sign your judicial affidavit?
A43: Yes, sir.
Affiant further sayeth naught.
IN WITNESS WHEREOF, I have hereunto set my hand this
__________________ at Tuguegarao city, Cagayan.
JUAN DELA CRUZ
Affiant
SUBSCRIBED
AND
SWORN
to
before
me
this
_____________________ at Tuguegarao City, Cagayan after the
affiant has exhibited to me his __________________________
as competent proof of his identity.
Doc. No. :_____;
Page No. :_____;
Book No. :_____;
Series of 2014
ATTESTATION
In compliance with A.M. No. 12-8-8-SC, otherwise known as
the
Judicial
Affidavit
Rule,
I,
___________________________, hereby certify that I have
conducted/supervised the examination of the above-named
witness, and that:
1.

I have faithfully caused to be recorded the questions asked


of, and the corresponding answers given by the witness; and

2.

Neither I nor any other person then present or assisting me


coached the witness regarding the latters answers.
ATTY. ________________________

SUBSCIBED
AND
SWORNbefore
me
this
____________________, in Tuguegarao City, Cagayan, and
affiant presented and shown to me his Roll no. _________as
proof of his identity.

Doc. No. :_____;


Page No. :_____;
Book No. :_____;
Series of 2014

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