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Formal Offer of Documentary Exhibits

This document contains a formal offer of documentary exhibits related to a petition for a new owner's duplicate title in lieu of one that was lost. It summarizes 9 exhibits (A through I) being submitted, including the original petition, special power of attorney, original title documents, affidavits of loss and sale documents. The purpose of each exhibit is explained. The attorney requests the court admit the exhibits to support the petitioner's case seeking a new duplicate title.

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Mikko Acuba
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84 views

Formal Offer of Documentary Exhibits

This document contains a formal offer of documentary exhibits related to a petition for a new owner's duplicate title in lieu of one that was lost. It summarizes 9 exhibits (A through I) being submitted, including the original petition, special power of attorney, original title documents, affidavits of loss and sale documents. The purpose of each exhibit is explained. The attorney requests the court admit the exhibits to support the petitioner's case seeking a new duplicate title.

Uploaded by

Mikko Acuba
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

8th Judicial Region


REGIONAL TRIAL COURT
Branch 28
Catbalogan City

IN RE: PETITION FOR ISSUANCE


OF NEW OWNER’S DUPLICATE
COPY OF TRANSFER CERTIFICATE
OF TITLE NO. 15504 IN LIEU OF THE
ONE LOST.

SPCL PROC. NO. 8624

FLOREZA C. VIEJA, represented by


her Attorney-in-Fact FELIPE S.
PACLIAN
Petitioner.
x----------------------------------------------x

FORMAL OFFER OF DOCUMENTARY EXHIBITS

COMES NOW, PETITIONER, by counsel, unto the


Honorable Court, most respectfully offers the following documentary
exhibits for admission, to wit;

Exhibit “A” – Petition dated 21 July 2019 signed by Felipe S.


Paclian, petitioner consisting of five (5) pages;

Exhibit “A-1” – second (2nd) page;

Exhibit “A-2” – third (3rd) page;

Exhibit “A-3” – verification and certification of non- forum


shopping;
Exhibit “A-4” - signature of Felipe S. Paclian, petitioner;

Exhibit “A-4-a” - jurat and signature of the notary public;

Exhibit “A-4-b” -the receipt of a copy of the petition by the


Office of the Register of Deeds of
Samar, dated 24 January 2019;

Purpose: This exhibit and its series is being offered to show that
petitioner filed the instant petition in order that a new owner’s duplicate
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copy of Transfer Certificate of Title No. 15504 be issued in lieu of the
lost original duplicate copy of the same and to prove that a copy of the
petition was furnished the respondent Register of Deeds of Samar
represented by it’s Acting Register of Deeds;

EXHIBIT “B” - Special Power of Attorney of Floreza C.


Vieja, dated December 10, 2018, consisting of two (2) pages;

EXHIBIT “B-1” - signature of the principal Floreza C. Vieja


and the attorney-in-fact Felipe S. Paclian;

EXHIBIT “B-1-a” - jurat and signature of the notary public;

Purpose: This exhibit and its series is being offered to show that
Felipe S. Paclian is the legal representative of Floreza C. Vieja , the
petitioner;

EXHIBIT “C” – Photocopy of the Original Certificate of Title


No. 15504 REGISTERED IN THE NAME OF TRINIDAD L. GOMEZ
consisting of four (4) pages;

EXHIBIT “C-1” - Second (2nd) page;

EXHIBIT “C-2” - Third (3rd) page;

EXHIBIT “C-3” - Fourth (4th) page;

Purpose: This exhibit and its series are being offered to show that
the property covered by TCT No. 15504 was registered in the name of
Trinidad L. Gomez and that the original copy thereof is still intact and
existing in the Office of the Register of Deeds of Samar;

EXHIBIT “D” - Self-Adjudication with Sale, dated March 18,


2008 ; signatures of Floreza C. Vieja and Teotima Losa Tabon;

EXHIBIT “D-1” - Acknowledgment, dated March 18, 2018;


EXHIBIT “D-1-a” - Jurat including signature of notary public;

Purpose: This exhibit and its series are being offered to show
that Floreza C. Vieja, the herein petitioner, purchased a parcel of
agricultural land embraced by Original Certificate of Title No. 15504
from the Teotima Losa Tabon, the sole heir of the registered owner who
died intestate;

EXHIBIT “E” – Affidavit of Loss of Owner’s Duplicate Copy of


Land Title, dated 19 November 2018 executed by Felipe S. Paclian,
petitioner;

Exhibit “E-1” - signature of Felipe S. Paclian ;

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Exhibit “E-1-a” - Jurat including signature of notary public;

Purpose: This exhibit and its series is being offered to prove


that the original owner’s duplicate copy of TCT No. 15504 was lost
and that petitioner, Felipe S. Paclian executed an affidavit of loss
alleging, among others, the circumstances leading to the loss of the
owner’s duplicate copy of TCT No. 15504 and this affidavit was filed
with the Office of the Register of Deeds of Samar;

EXHIBIT “F” - ORDER dated 08 March 2019 consisting of one


(1) page ;

Purpose: This exhibit is being offered to show that the


Honorable Court issued an Order dated 08 March 2019 finding the
petition to be sufficient in form and substance and ordering the
petition to be posted in the bulletin board of this Court, Municipal Hall
of Daram, Samar and Barangay Hall of Poblacion 1, Damar, Samar,
where the property is located.

EXHIBIT “G” - CERTIFICATE OF POSTING dated 22 March


2019;

Exhibit “F-1” – name and signature of Nordan Roy O. Zosa,


Court Sherrif IV of RTC Branch 28, Bulwagan ng Katarungan,
Catbalogan City;

Purpose: This exhibit and its series is being offered to prove


that in compliance with the Order of the Honorable Court dated 08
March 2019, Nordan Roy O. Zosa, Court Sherrif IV of RTC Branch
28, posted the Order at the bulletin board of the Bulwagan Ng
Katarungan, Municipal Hall of Daram, Samar and Barangay Hall of
Poblacion 1 , Damar, Samar , where the subject property is located;

Exhibit “H” - Judicial Affidavit of Felipe S. Paclian;

Exhibit “G-1” - 2nd page thereof;

Exhibit “G-2” - 3rd page;

Exhibit “G-3” - 4th page;

Exhibit “G-4” - 5th page

“G-4-a” - the name and signature of petitioner, Felipe S.


Paclian;
“G-4-b” - jurat and signature of the notary public;

3
Exhibit “G-5” - 6th page;

“G-5-a” - Attestation

“G-5-b” - jurat and signature of the notary public

Purpose: This exhibit and its series is being offered to show that
Felipe S. Paclian is the petitioner in the instant case and he filed this
petition in order to inform this court that the duplicate copy of TCT
No. 15504 the name of Trinidad L. Gomez was lost and that the same
be declared as null and void and without legal effect and that an
affidavit of loss was executed by herein-petitioner alleging the facts
and circumstances which led to the loss of the owner’s duplicate copy
and that a copy of affidavit of loss was filed with the Office of the
Registered of Deeds of Samar and the said owner’s duplicate copy
were not delivered to any bank, financial institution or to a third
person/s as a collateral for the payment of a loan or the performance of
an obligation nor submitted to the Office of the Register of Deeds of
Samar in connection with any financial transactions involving the
same.

This exhibit and its corresponding series are also being offered as
part of the testimony of petitioner who testified and identified the
same and also to show and prove that petitioner has complied the
jurisdictional requirements for the court to try and resolve the instant
petition and as part of the testimonies of the petitioner.

Exhibit “H” - Judicial Affidavit of Pedro Geradila;

Exhibit “H-1” - 2nd page thereof;

Exhibit “H-2” - 3rd page;

“H-2-a” - the name and signature of petitioner, Pedro


Geradila;

Exhibit “H-3” - 4th page;

“H-3-a” - Attestation

“H-3-b” - jurat and signature of the notary public;

Purpose: This exhibit and its series is being offered to prove that the
Transfer Certificate of Title No. 15504 at Poblacion, Daram, Samar,
registered in the name of Trinidad L. Gomez is still existing and intact
and on file at the Office of the Register of Deeds of Samar and to

4
prove that the title is clean and there are no annotations regarding
sales and loans and to prove that the Transfer Certificate of Title No.
15504 and the certified true copy of the subject Transfer Certificate of
Title and that the owner’s duplicate copy thereof were not made as a
collateral to warrant the payment of the loan/s or the performance of
an obligations or given to the Office of the Register of Deeds for
processing of whatever official transactions involving the herein
owner’s duplicate copy.

WHEREFORE, it is most respectfully prayed, that the


documentary exhibits being offered for admission be ADMITTED and
thereafter the petitioner rests his case.

Catbalogan City, Samar, June 28 2019.

The Branch Clerk of Court


Regional Trial Court
Bulwagan ng Katarungan
Catbalogan City

Madam:

Please submit the foregoing Formal Offer of Documentary


Exhibits for the kind consideration and resolution of the Honorable
Court immediately upon receipt hereof.

ATTY. DEMETRIO MEDINO J. ACUBA

Copy Furnished: (personal service)


Office of the Register of Deeds of Samar
Catbalogan City

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