REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION BRANCH 105, QUEZON CITY
PETITION FOR THE ISSUANCE OF A NEW OWNER’S DUPLICATE COPY OF TRANSF TRANSFER ER CERTIFI CERTIFICAT CATE E OF TITLE TITLE NO. N-XXXXXX OF THE REGISTRY OF DEEDS FOR QUEZON CITY,
LRC CASE NO. XXXXXX SPS. !"# $%& '$%%#($ B)*$%+ PETITIONER . -------------------------------------------
OFFER OF TESTIONY PURPOSE / Petitioners, thru counsel, respectfully offers the testimony of Mr. Noel M. Arancillo to prove the allegations in the petition, petition, particularly for the issuance of new owner’s duplicate of title and the following: 1.
To pro prove ve that that he he is is tthe he hus husan and d and and duly duly auth author ori! i!ed ed repr repres esen enta tati tive ve of of his his
wife, "e #. Arancillo$ %. To pro prove ve that that &st &stel elit ita a '. (coma (coma mortg mortgag aged ed her her prop proper erty ty cov cover ered ed y y T T)T )T No. N*1++- in the amount of (ne Million "ive /undred Thousand 0P1,,.2 Pesos to herein petitioners$ 3. To prov prove e tha thatt &st &stel elit ita a '. '. (co (coma ma faile failed d to to pay pay here herein in peti petiti tion oner ers$ s$ -. To prove that the T)T No. N*1++- was lost in petitioners possession and the necessary affidavit of loss e4ecuted and caused the annotation in the title$ -. To pro prove ve oth other er mat matte ters rs rel relev evant ant to the the pet petit itio ion n and and to iden identi tify fy doc docum umen ents ts related to the petition.
JUDICIAL AFFIDA'IT OF PETITIONER NOEL . ARANCILLO
5, NOEL . ARANCILLO, herey declare in this 6785)5A9 A""58A#5T, the following: 0a2
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My name name is Noel M. Arancillo, Arancillo, "ilipino, "ilipino, married, married, with residence residence address address at 1 9 6udea ;t., Multinational #illage, Para
02
Atty. )harlie ;. 'arcia conducted the e4amination or =uestioning$
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5n answering the =uestions as>ed of me, 5 was fully conscious that 5 was doing so under oath, and that 5 may face criminal liaility for false testimony or per?ury$ and
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The =uestions as>ed of me and corresponding answers are herein consecutively numer, to wit:
1 QUESTION
ANSWER
Please state your name, age, occupation and other personal circumstances. 5 am &ngr. /ermes 6ude '. 6untilo, -% years old married, a licensed engineer employed with N/A*@egion #55, with residential postal address at 1 )aarruias ;t. ;an 6ose #illage Tisa )eu
)ity. 2 QUESTION
ANSWER 3 QUESTION
ou made mention that you are wor>ing for N/A, what is your positionB 5 am assigned as a ;enior &ngineer A at N/A @egion #55. As an &ngineer of N/A, what are among your important duties and functionsB
Among other important functions are ;ite 5nvestigation, &ngineering 8esign and Planning, Pro?ect )ost &stimates of proposed housing sites$ Cor>s &ngineering during pro?ect implementation, representation to various 9ocal /ousing oards and Pro?ect Monitoring of ongoing pro?ects.
ANSWER
4 QUESTION ANSWER
and ;amag Management Monitoring. 5 QUESTION
ANSWER QUESTION
ANSWER
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Chat are among the pro?ects you have handledB N/A @esettlement ;ites in Talisay )ity, 9ocal /ousing Pro?ects in ogo )eu and Toledo )ity, PA" 3 Medium @ise /ousing in Mandaue )ity, N/A*8(/ /ousing Pro?ects in )arreta % )eu )ity, usay /eights /ousing Pro?ect &state Assistance and Tisa*Punta /ousing Pro?ect
ou made mention of Tisa*Punta /ousing Pro?ect, is that the property su?ect matter of this caseB es, ma’am. 5n your e4perience, what is the normal procedure efore a housing pro?ect of N/A may e implementedB Among the important steps in underta>ing this >ind of a housing pro?ect are site evaluation and investigation, community
this pro?ect Pro?ect*wherein DMa4imum followed. A preliminary determine actual situation of the N/A planners for the consonance with P %% 6 QUESTION
preparation, planning and pre*feasiility study. ;ince can e considered y N/A as D;lum 7pgradingE the eneficiaries are on site, with this scheme @etention, Minimum 8isplacementE will e land survey must e underta>en to structures on site and to assist preparation of re*loc>ing plan in standard.
Chat happens ne4tB
This sudivision scheme is then finali!ed and presented to the )ommunity Association. 5n T5P7N’s case, the )A re=uested to underta>e the survey of the pro?ect and contracted a 'eodetic &ngineer’s services for this purpose. The sudivision plan presented and approved y N/A was then given to the )A’s 'eodetic &ngineer for computation and eventual sumission to 8&N@*9M; 09and Management ;ection2 #55.
ANSWER
7 QUESTION
ANSWER 8 QUESTION ANSWER
10 QUESTION
Chat happens after the sumission of the survey plan to the ureau of 9andsB N/A proceeds with the implementation of land survey. 8o you not wait for the approved sudivision planB 8ue to the e4igency of government service, we sometimes proceed with the pro?ect and awarding of lots and ?ust await for the approved sudivision plan. Chat other reasons did N/A have why you did nit wait for the sudivision planB
plan
The entire pro?ect mapFlot plan implemented which was approved in consultation with the )A is the same as the one sumitted 8&N@*9M; #55. Also ecause we needed money for the plan and not all the eneficiaries contriuted for the payment of the and we are still in the process of finding the funds for it.
11 QUESTION
Could it not e wise to wait for the approved sudivision planB
ANSWER
to the
ANSWER
the nowhere else
es, ut sometimes it ta>es months or sometimes even years for a plan to e approved and we cannot wait that long ecause pro?ect is already occupied and our eneficiaries have to live.
12 QUESTION Are the eneficiaries informed of thisB ANSWER
is the individual lot 3 | P a g e
es, we informed them that the N/A sudivision plan for the pro?ect has yet to e approved y the 8&N@*9M; #55, ut it same sudivision plan that was also the asis of their awards. 5n fact, since the )A contracted the '&, they
were also the status of 13 QUESTION
ANSWER
can we N/A* association’s 8&N@*9M; 14 QUESTION
ANSWER
15 QUESTION ANSWER
1 QUESTION ANSWER
directly coordinating with the '& and were aware of the approval of the plan. 5n the Tisa*Punta, why was the pro?ect implemented without the sudivision plan approved y 8&N@*9M;B ecause there were already occupants within the pro?ect and the eneficiaries wanted to start paying for their lot so that they improve their structures. 5f we waited for the approved plan, cannot provide for their immediate security of tenure. The approved sudivision plan was coordinated with the '& and with the )A efore it was sumitted to the approval. Chat are the prolems encountered during the implementation of the lot survey with this pro?ectB 5 can only spea> of issues encountered during my tenure li>e regarding uilding improvements of eneficiaries that is inconsistent with the N/A ;udivision Plans. ChyB 9i>e in the case of Mr. utico wherein he re=uested for the implementation of his right of way as designated on the N/A approved sudivision plan. )an you e4plain furtherB After N/A made an evaluation on su?ect area, we found that Mrs. Noel has encroached on the designated right of way of Mr.
utico. 16 QUESTION ANSWER
17 QUESTION
Chat did you doB ;everal attempts to settle the dispute of Mrs. Noel’s encroachment upon the right*of way of Mr. utico ut nothing happened. 8id you try to spea> with Mrs. Noel personallyB
es, we wrote her several letters. The matter was even rought to the arangay on 6anuary %, % wherein Ms. Noel promised to survey her lot, 6anuary %G, %G were N/A volunteered to underta>e the survey of the @oad @ight of Cay for 9ot %, loc> of Mr. utico and "eruary 1G, %G where N/A presented to the 97P(N the result of the survey. The case is designated as arangay case No. 11+%.
ANSWER
18 QUESTION ANSWER
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8o you have a copy of the sudivision planB es. /ere is the sudivision plan fro the Tisa*Punta.
ANIFESTATION our /onor, may we re=uest that this e mar>ed as &4hiit HHHHHHHHHH for N/A. 20 QUESTION
Chat else transpired during the arangay )ase meetingsB
Mrs. arangay a
"eruary 1G, %G, 5, together with Mrs. Noel and Mr. utico went to the arangay to discuss the result of the survey, which Noel refused to accept. The parties were given y the )ertification to "ile Action.
21 QUESTION
Chat happened ne4tB
ANSWER
The N/A sent her another letter on 6uly %G, %G, informing here of her encroachment.
ANSWER
22 QUESTION ANSWER
8o you have a copy of this letterB None at the moment. The matters which too> place after "eruary %G will e discussed y N/A’s ne4t witness.
_____________________________ ENGR. HERES JUDE G. JUNTILO A99:$%+ SUBSCRIBED AND SWORN TO BEFORE E, this HHHHHHHHHHHHHHH at the )ity of )eu, affiant e4hiiting to me his N/A 58 with No. HHHHHHHHHHHHHHHHH and who manifested to me that the same is his free voluntary act and deed.
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8oc. No. HHHHHHHHH Page No. HHHHHHHH oo> No. HHHHHHHH ;eries of %13.
SWORN ATTESTATION 5, )/A@95& ;. 'A@)5A, the lawyer who conducted the e4amination of the aove* named witness, Noel M. Arancillo, herey certify and attest that: 1.
5 faithfully recorded the =uestions as>ed and the corresponding answers that the witness gave.
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Neither 5 nor other persons then present or assisting me coached the witness regarding the latter’s answers.
Iue!on )ity, HHHHHHHHHHHHH, %13. 5 | P a g e
CHARLIE S. GARCIA
SUBSCRIBED AND SWORN TO BEFORE E, this HHHHHHHHHHHHHHH at the )ity of Iue!on, affiant personally >nown to me and who manifested to me that the same is his free voluntary act and deed.
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)opies of the foregoing pleading are eing served y registered mail due to lac> of office personnel to effect personal filing and service of the same as the lone liaison officer in the office is urdened with filing and serving other pleadings for e=ually* important cases.
CHARLIE S. GARCIA
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