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Republic of the Philippines

National Capital Judicial Region


REGIONAL TRIAL COURT
Branch _____
City of __________
PETITION FOR THE
ISSUANCE OF A NEW
ORIGINAL OWNER’S COPY
OF CONDOMINIUM
CERTIFICATE OF TITLE (CCT)
NO. ________ IN LIEU OF THE
LOST ONE;

LRC Case No.


___________

SPOUSES ___________,
Petitioner.
x----------------------x

JUDICIAL AFFIDAVIT
This Judicial Affidavit is being submitted in lieu of the direct
testimony of the witness and the same is being offered in evidence for
the following reasons:
1. To prove that the witness is the co-petitioner himself in the
instant case and that he is the lawful and registered co-owner of a
certain condominium unit located at ___________________, more
particularly identified as ________ consisting an area of __________ and
which real property is covered by ____________________ issued by the
Register of Deeds of __________ City;
2. To prove that as one of the lawful and registered owners of the
said real property, they were accordingly issued the corresponding title
covering the said parcel of land and that they were actually in
possession of the original owner’s duplicate copy of the said title which
was lost and which he could no longer find at present;
3. To prove the fact of loss and the circumstances surrounding the
loss of page three (3) of the subject title of the said property and to
prove all the other material allegations in the Petition as well as other
matters in connection with or relative to the instant case.

ATTY. __________:
I am Atty. _______________ and my office is located at the
__________, and the direct examination of __________ was conducted by
me at my said office.

MR. __________:
I, ___________, of legal age, Filipino, with address, for purposes of
the instant case, at care of my lawyer’s address located at the
________________, after having been duly sworn to in accordance with
law, do hereby depose and state that in my capacity as the lawful and
registered co-owner of a certain real property which is covered by
__________ issued by the Register of Deeds of ________ City, hereby
state that I am answering the questions propounded to me by Atty.
_______________ fully conscious that I do so voluntarily and under oath
and that I may face criminal liability for false testimony or perjury.

Manifestation: Your Honor, for the record, herein petitioners already


complied with the jurisdictional requirements of this
case and, for said purpose, the appropriate
documents/exhibits were already properly marked in
evidence in connection with the same.

1.Q: Mr. Witness, can you state for the record your full name and
occupation?
A: Yes, sir. My full name is _____________ and I
_________________________.
2.Q: Now, Mr. Witness, are you the same ___________ who is the co-
petitioner in this case?
A: Yes, sir, I am.
3.Q: Mr. Witness, it appears in the Petition that you filed before this
Honorable Court that you authorized a certain Mr. __________ to file
the same on your behalf, can you tell us the reason for the same?
A: At the time that I and my wife were supposed to file the
Petition, sir, we were very busy then attending to our works
and our family, not to mention the fact that we are
_______________________________.
4.Q: I am showing you a copy of a duly notarized Special Power of
Attorney where you and your wife and/or co-petitioner authorized
the said Mr. _______________ to file, maintain and pursue, among
other things, the instant Petition in your behalf, can you please go
over the same and tell us if this is the same duly notarized Special
Power of Attorney that you are referring to Mr. Witness?
A: Yes, sir, that is the same duly notarized Special Power of
Attorney that I am referring to.
5.Q: On page 2 of this Special Power of Attorney there appears a
signature over the typewritten name _______________ and
_____________, can u tell us Mr. Witness, whose signatures are those?
A: Sir, the signature appearing over the type-written name
____________ is my own signature while the signature
appearing over the type-written name ___________ is the
signature of my wife.
6.Q: How, did you know, that the signature appearing over the type-
written __________ is the signature of your wife and/or co-petitioner
herein”
A: Sir, aside from the fact that I am very much familiar with the
signature of my wife having been married to her for such a
long time now, I know for a fact that that is her signature
because we signed the said document together.
7.Q: Also on page 3 of your Petition there appears a signature over the
typewritten name _________, can u tell us whose signature is that?
A: That is the signature of our Attorney-in-Fact sir.
8.Q: How did you know that that is the signature of your Attorney-in-Fact?
A: I know that that is his signature because he signed the said
document in front of us, sir.
Manifestation: Your Honor, the Petition is already previously marked
as Exhibit “A” and we are now requesting, for purposes
of identification, that the signature appearing over the
typewritten name __________ found on page 3 of the
Petition to be marked as Exhibit “A-1”, the Special
Power of Attorney which was shown to and identified
by the witness as Exhibit “A-2” and the signatures
appearing on top of the typewritten names _____ and
_____ to be marked as Exhibits “A-3” & “A-4”,
respectively, all for the petitioners.

9Q: Mr. Witness, after you filed your Petition before this Honorable Court,
what happen, if any, to said Petition?
A: Sir, on __________, the Honorable Court issued an Order finding
my said Petition to be sufficient in form and substance and
setting the same for hearing on __________ at 8:30 in the
morning. The said Order also required all persons in
interests to appear and show cause on said date and time
why our said Petition should not be granted by the
Honorable Court. Likewise, the subject Order required that
the same be posted at the bulletin boards of the Honorable
Court and the Hall of Justice of _____ City and the bulletin
board of the City Hall of _____ City, at least two (2) weeks
prior to the date of scheduled hearing of the said Petition.
Finally, it was also required in the said Order that copy of
the same be furnished to the Register of Deeds, _____ City
and the Administrator of the Land Registration Authority,
_____ City.
Manifestation: Your Honor, the subject Order dated __________ is
already part of the records of this case and previously
marked as Exhibit “B” for the petitioner.

10.Q: Now, Mr. Witness, can you tell us if a copy of the said Order was
actually furnished to the Register of Deeds of _____ City, as well as to
the Administrator of Land Registration Authority, _____ City, as
required therein?
A: Sir, based on the records of the case, the Register of Deeds
of ______ City and the Administrator, Land Registration
Authority, _____ City, were duly furnished a copy thereof and
as such, the said Order was duly complied with.
Manifestation: Your Honor, the Registry Receipt/Return Card for the
Register of Deeds of ______, is already marked as
Exhibit “B-1” while the Registry Receipt/Return
Card for the Office of the Administrator, Land
Registration Authority, _____ City, is also previously
marked as Exhibit “B-2” all for the petitioners.

11.Q: Now, Mr. Witness, you stated in your Petition that you are one of the
lawful and registered owners of a certain real property located at
___________________, more particularly identified as _______
consisting an area of ________ square meters and which real
property is covered by Condominium Certificate Title (CCT)
No. _____ issued by the Register of Deeds of ________ City, what
proof do you have, if any, to prove the same?
A: Sir, the title over the said real property or Condominium
Certificate of Title _________ is issued under our names.
12.Q: I am showing you a certified true copy of Condominium Certificate of
Title (CCT) No. _______, can you please go over the same and tell us
if this is the same copy of the title that you are referring to earlier?
A: Yes, sir, that is the same copy of the Condominium
Certificate of Title No. _______ issued under our names that I
am referring to earlier.
Manifestation: Your Honor, for purposes of identification, the certified
true copy of Condominium Certificate of Title (CCT)
No. issued by the Register of Deeds of _________
City, under the names of __________ and _________, the
petitioners in this case, is hereby requested to be
marked as Exhibit “C” for the petitioners.

13.Q: Now, Mr. Witness, can you tell us the reason or reasons why did you
file the instant Petition before this Honorable Court?
A: Sir, the reason I filed the instant Petition before this
Honorable Court is to ask the Honorable Court to direct the
Register of Deeds of ________ City, to issue me a new owner’s
duplicate copy of Condominium Certificate of Title (TCT) No.
________ which we lost sometime late last year or early this
year.
14.Q: What is the reason, Mr. Witness, why you lose the title or why
your original owner’s duplicate copy of Condominium Certificate of
Title (CCT) No. _________ was lost?
A: Sir, (here, state reason why it was lost).

15.Q: Mr. Witness, when did you realize that your copy or the original
owners’ copy of CCT No. ____________ is already lost?
A: Sir, I realized that we already lost or the original owner’s
duplicate copy of CCT No. _________ issued to us was already
lost sometime early this year when I checked it from the
small safety box we used to keep it where some of our other
important files/documents are also kept.
16.Q:Mr. Witness, after realizing that you lose or that the original owner’s
copy of CCT No. __________ is lost, what did you, if any?
A: Sir, I kept on looking for it in the hope that I would be able to
find it and I even asked my wife about it and we both
continue looking for said title but all to no avail as we are not
able to find it anymore.
17.Q: What else, did you do, if any?
A: Sir, as I was very much worried that the page 3 of the
original owner’s duplicate copy of our CCT No. ___________
might be found by someone else or by anyone who might get
interested in it, I checked with the office of the Register
Deeds what to do best and I was advised that to be able
protect our interests, we have to execute the necessary
Affidavit of Loss concerning the loss of our said title and to
have it submitted to the Register of Deeds of __________ City
where our said property is located and to have the said
affidavit annotated in our said title.
18.Q: What did you do, if any, after going to the office of the Register of
Deeds and seeking its advise, Mr. Witness?
A: Yes, sir, I executed the necessary Affidavit of Loss and
submitted it to the Register of Deeds of ________ City, and
have it annotated as well in our title filed therein.
19.Q: I am showing you a copy of a duly notarized Affidavit of Loss
executed by a certain ____________, can you please go over the same
and tell us if this the same affidavit that you are referring to earlier?
A: Yes, sir, this is the same Affidavit of Loss that I am referring
to earlier.
20.Q: On top of the typewritten name ____________, there appears a
signature thereon, please tell us whose signature is that?
A: I confirm that that is my signature, sir.
Manifestation: Your Honor, for purposes of identification, the Affidavit
of Loss dated referred to and identified by the witness
is hereby requested to be marked as Exhibit “D” and
the signature appearing over the typewritten name
__________” to be marked as Exhibit “D-1” for the
petitioners.

21.Q: Mr. Witness, you also stated that you have the Affidavit of Loss you
executed annotated in the title filed with the Register of Deeds of
_____________, do you have any proof to prove the same?
A: Yes, sir, page 5 of the title found in the file of the Register of
Deeds of ______, under shows the said annotation.
Manifestation: Your Honor, for purposes of identification, page 5 of the
certified true copy of and the appropriate annotation
found thereon is hereby requested to be bracketed and
marked as Exhibit “E” for the petitioners.

22.Q: Mr. Witness, you likewise stated in your Petition that the property
covered by the lost CCT No. was properly declared for tax purposes
and that taxes due thereon have actually been duly paid, what
proof, if any, do you have to prove the same.?
A: Sir, I have with me the appropriate Tax Declaration issued by
the Assessor’s Office of City, covering the said property to
prove that the property covered by my lost title is properly
declared for tax purposes. I have also with me copy of the
appropriate Official Receipt and Tax Clearance both dated
__________ issued by the Office of the Treasurer, City, showing
full payment of all the realty tax due the property covered
by our lost title.
Manifestation: Your Honor, for purposes of identification, the certified
true copy of Tax Declaration of Real Property issued
by a certain _______________, City Assessor, City, is
hereby requested to be marked as Exhibit “F” and
Official Receipt No. dated __________ as
well as the Tax Clearance also dated __________ issued
by a certain _______________, City Treasurer of City, is
hereby requested to be marked as Exhibits “G” and
“H”, respectively, all for the petitioners.

23. Q:Mr. Witness, what else, do you want to say before this Honorable
Court in connection with your instant Petition?
A: Sir, the title over our property is still existing and intact in
the file of the Register of Deeds of __________ and that there is
no other owner’s duplicate copy of _______________ has been
issued nor existing at this time. Furthermore, there is no
deed or instrument affecting the said title or the property
covered by said title which has been presented or pending
registration to this date with the Register of Deeds of
__________.

IN WITNESS WHEREOF, I have hereunto set my hand this _____


day of August at the City of ______________.
__________________________
Affiant

SUBSCRIBED AND SWORN to before me this ___nd day of August


2019, affiant exhibiting to me his validly issued ID: ________________________ as
valid proof of his legal identity.
Doc. No. _____:
Page No. _____:
Book No. _____:
Series of 2019

ATTESTATION

I, _______________________________, do hereby attest that:

1. I had faithfully recorded or caused to be recorded the questions I


asked and the corresponding answers that the witness gave.

2. Neither I nor any other person then present or assisting the


witness coached him regarding him answers.

_______________________________
____

SUBSCRIBED AND SWORN to before me this _____ day of August


__________, affiant exhibiting to me his IBP ID No. ---------- as valid proof of his
legal identity.
Doc. No. _____:
Page No. _____:
Book No. _____:
Series of 2019

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