sample ja admin
DESCRIPTION
legal writingTRANSCRIPT
SAMPLE JA ADMINRepublic of the Philippines
REGIONAL TRIAL COURTSecond Judicial Region
Branch IITuao, Cagayan
IN RE: PETITION FOR THE ISSUANCE OF ANOTHER OWNER’S 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 latter’s 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 CRUZ’S 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 owner’s 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 dela Cruz and
Ildefonsadela Cruz and itself, sir.
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 Cruz are marked as EXHIBIT “E” and EXHIBIT “F”.
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 above-captioned 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 CRUZAffiant
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 latter’s 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