Republic of the Philippines

8th Judicial Region

REGIONAL TRIAL COURT
Branch 29
Catbalogan City

IN RE: PETITION FOR

ISSUANCE OF NEW
OWNER’S DUPLICATE
COPY OF TRANSFER
CERTIFICATE OF TITLE
NO. T-389 IN LIEU
OF THE ONE LOST.
SPCL PROC. NO. 8311

VANGIE L. COSMOD,
Petitioner.
x----------------------------------x

FORMAL OFFER OF DOCUMENTARY EXHIBITS

PETITIONER thru counsel and unto the Honorable Court

formally offers the following documentary exhibits with
respective purposes as follows:

EXHIBIT “A” and series, Petition*

PURPOSE:
To prove that, aside from the vested jurisdiction of the
Honorable Court, a copy thereof was received by the Register
of Deeds for the Province of Samar, Catbalogan City.
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 EXHIBIT “B,” and series, the Certified true copy of Original
Certificate of Title No. T-389 in the name of the late Enrica
Sarmiento*

PURPOSE:
To prove that petitioner’s late paternal grandmother,
Enrica Sarmiento, was the registered owner of a parcel of land
embraced therein, which ownership thereof was transmitted to
her heirs, that includes petitioner, by intestate succession; that
the duplicate owner’s copy thereof was lost for all intents and
purposes.

EXHIBIT “C,” the Tax Declaration issued to the late Philip

Cosmod dated 01 April 2014 by the City Treasurer’s Office,
Catbalogan City

PURPOSE:
To prove that said registered land was declared for real
estate taxation by petitioner’s late father.

EXHIBIT “D” and series, the Affidavit of Loss executed by

petitioner and registered with the Registry of Deeds Province of
Samar, Catbalogan City, dated 13 May 2014*

PURPOSE:
To prove the fact of loss of said duplicate owner’s copy of
said title; to also prove that a copy of the same was filed with
the said registry in compliance with the law

EXHIBIT “E” and series, the Order dated 18 August 2014*

EXHIBIT “F,” Certificate of Posting dated 22 September

2014*

* These exhibits were previously admitted in compliance

with jurisdictional requirements.
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 The foregoing exhibits, all appended to the records of this
petition, are also being offered to form part and parcel of the
testimony of petitioner.

PRAYER

WHEREFORE, premises considered, it is respectfully

prayed that the foregoing documentary exhibits with
respective purposes be admitted.

Catbalogan City, 09 December 2014.

MEDINO L. ACUBA
Counsel for the Petitioner
299 Curry Avenue
Catbalogan City 6700
IBP Life Member Roll No. 011174
2.14.13
PTR No. 7809588 Catbalogan City 1.6.14
Roll of Attorneys No. 36781
MCLE Compliance No. V-0003548 9.9.14

REQUEST

THE BRANCH CLERK OF COURT

RTC Branch 29, Catbalogan City

GREETINGS:

Immediately upon receipt hereof, kindly submit the

foregoing “Formal Offer of Documentary Exhibits” to the
Honorable Court for its appropriate consideration.

ATTY. MEDINO L. ACUBA

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 JUDICIAL AFFIDAVIT

SINUMPAAN NGA ASOY NI VANGIE L. COSMOD HA

ATUBANGAN NI ATTY. MEDINO L. ACUBA DIDTO HAN IYA
OFICINA NGA NAHIHIMUTANG HA 299 CURRY AVENUE, CIUDAD
HAN CATBALOGAN HADTON 20 OKTOBRE 2014 HAN ALAS 10:00
HAN AGA.
( SWORN STATEMENT OF VANGIE L. COSMOD BEFORE ATTY.
MEDINO L. ACUBA AT HIS LAW OFFICE AT 299 CURRY AVENUE,
CATBALOGAN CITY, ON 20 OCTOBER 2014 AT 10:00 O’CLOCK IN
THE MORNING.)

1PAKIANA. Pakihatag han imo ngaran ug personal nga

circumstancia.
(Please give your name and personal circumstances.)
1BATON. Ako hi VANGIE L. COSMOD, 25 años, Filipino,
daraga, ngan nahunong ha Brgy. New Mahayag,
Catbalogan City, Samar.
(I am Vangie L. Cosmod, 25 years old, single, Filipino and
a resident of Brgy. New Mahayag, Catbalogan City,
Samar.)

2P. Kay ano nga aanhi ka akon oficina?

(Why are you in my office?)
2B. Kay karuyag ko mag-asoy para masuportahan an akon
kaso o Special Proceeding No. 8311-7-18-14 o Petition for
Issuance of New Owner’s Duplicate Copy of TCT No. T-389
In Lieu of the One Lost, nga yana nakasampa ha
Regional Trial Court, Branch 29, Cabalogan City.
(Because I want to give a statement in support of my
case or Special Proceeding No. 8311-7-18-14 or Petition
for Issuance of New Owner’s Duplicate Copy of TCT No. T-
389 In Lieu of the One Lost Title, now pending before the
Regional Trial Court, Branch 29, Catbalogan City.)

3P. Magsusumat ka ba han kamatuoran, waray iba nga labot

kundi kamatu-oran han imo mga asoy?
(Do you swear to tell the truth and nothing but the truth?)
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3B. Oo.
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 (Yes.)

4P. Ug maaram ka ba kaupay nga an pagbuwa bangin ka

magkamay-ada hin patok kriminal tungod hin buwa nga
testimonia o pagbuwa ha ubos han imo sinumpaan nga
asoy?
(And are you fully aware that telling a lie may put you
criminally liable or for criminal case for perjury?)
4B. Oo, maaram ako hito.
(Yes, I am aware of that.)

5A. Nasiring ka nga ikaw hi Vangie L. Cosmod, hi ikaw ba ine

nga pareho nga tag-pestisyon?
(You said that you are Vangie L. Cosmod, are you the same
petitioner in this case?)
5B. Oo, amo ngahaw ako an tag-petisyon.
(Yes, I am the same petitioner)

6P. Kun maipapakita ko ha imo an imo petisyon nga

nasering mo kanina, makikilal-an mo ine?
(If you will be shown with the petition you earlier
mentioned, can you identify it?)
6B. Opo.
(Yes.)

7P. Adi an usa nga petisyon, may titulo “IN RE: PETITION FOR
ISSUANCE OF NEW OWNER’S DUPLICATE COPY OF
TRANSFER CERTIFICATE OF TITLE NO. T-389 IN LIEU OF
THE ONE LOST,” or SPCL PROC. NO. 8311, ano man an
masisiring mo hine?
(P. Here is a petition entitled “IN RE: PETITION FOR
ISSUANCE OF NEW OWNER’S DUPLICATE COPY OF
TRANSFER CERTIFICATE OF TITLE NO. T-389 IN LIEU OF
THE ONE LOST,” or SPCL PROC. NO. 8311, what can you say
about this?)
8B. Amo ine an akon petisyon. (Exhibit “A” and series)
(This is my petition.)

9P. Gin basa mo ba ine nga imo petisyon?

(Did you this petition of yours?)
9B. Opo.
(Yes.)
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10P. Naintindihan mo ba an salaysay nga nakasurat didto?

(Did you understand the allegations therein contained?)
10A. Opo.
(Yes)

11P. Guinpapamatud-an mo ba an mga alegasyones nga

nakabutang hadto?)
(Do you affirm and confirm the allegations therein contained?)
11B. Opo.
(Yes.)

12P. May pirme hine petisyon, pahina 5, may pirma hin usa
nga Vangie L. Cosmod, kanay man ine pirma?
(In this petition, page 5 thereof, there appears a signature of
one Vangie L. Cosmod, whose signature is that?)
12B. Akon ito pirma.
(That is my signature)

13P. Ha ubos han imo pirma, may ada liwat usa nga pirma,
kanay man ito?
(Below your signature, there appears another one, whose
signature is that?)
14B. Pirma ito ni Atty. Medino L. Acuba.
(That is the signature of Atty. Medino L. Acuba.)
15P. Kay ano nga pakasiring mo nga kan Atty. Acuba ito
pirma?
(Why did you say that such is the signature of Atty. Acuba?)
15B. Kay abogado ko hiya. Pamilyar na iton iya pirma ha
akon.
(He is my lawyer. I am already familiar with his signature.)

12P. Hine nga imo petisyon, nasiring ka nga an imo apoy nga
babaye nga hi Enrica Sarmiento, dida han buhi pa hiya,
rehistrado nga tag-iya hin usa nga tuna umhanan nga may
kahiluagon nga 57,134 square meters ha Brgy. Silanga, yana
Brgy. Old Mahayag, Catbalogan City, sakop han TCT No. T-389.
Tama ba ine?
(In this petition, you said that your late grandmother Enrica
Sarmiento, during her lifetime, was a registered owner of an
agricultural land with an area of 57,134 square meters located
in Brgy. Silanga, now Brgy. Old Mahayag, Catbalogan City,
covered by TCT No. T-389. Is this correct?
12B. Opo tama ito.
(Yes, it is correct.)
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13P. Hain man ito nga titulo hin tuna han depunto Enrica
Sarmiento?
(Where is that land title now of the late Enrica Sarmiento?)
13B. Adi man an certified true copy nga ginhatag han Registry
of Deeds, Catbalogan City. (Exhibit “B”)
(Here is the certified true copy of the land title issued by the
Registry of Deeds, Catbalogan City.)

14P. Hain man an owner’s duplicate copy hine nga titulo?

(Where is the owner’s duplicate copy of this title?_
14B. Kan sugad han naka-alegar hine nga akon petisyon
nawara man ito nga titulo hadton Abril 7, 2014. Nakadto man
la adto han amon cabinet ha balay.
(As I alleged in my petition, it was lost on April 7, 2014. It was
just kept in our filing cabinet at home.)

15P. Anay daw, ine nga imo apoy, hain na man ine yana?
(By the way, where is your grandmother now?)
15B. Patay na hiya, di ko mahibaruan kun kakano hiya
kamatay?
(She is already dead, I cannot recall when she died.)

16P. Hino naman an nagmana hine nga iya tuna? Maaram ka

ba?
Who succeeded in the ownership of the land then? If you
know.)
16B. An iya anak, ug akon na liwat nawara ng amay nga hi
Philip Sarmiento.
(Her son and now my also late father Philip Sarmiento.)

17P. May ada ka ba hine baga dokumento nga nahingadto

ine kan imo nawara nga amay?
(Do you have a document that this land was eventually owned
by your late father?)
17B. Opo, adi man iya tax clearance certificate . (Exhibit “C”)
(Yes, his tax clearance certificate is here.)

18P. Ano man an imo ginbuhat subay hito kawara han titulo?
(What did you do to the loss of the title?)
18B. Nag-konsulta ako hin usa nga abogado. Nagsagdon
hiya nga maghimo ako hin affidavit of loss ug i-file ha Registry
of Deeds.
(I consulted a lawyer. He advised me to execute an affidavit
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of loss and have it filed with the Registry of Deeds.)

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19P. Hain man ito nga affidavit?
(Where is that affidavit?)
19B. Adi man (Exhibit “D.”)
(Here.)

20P. Ano man an imo ginbuhat hito nga affidavit?

(What did you do with that affidavit?)
20B. Gin-submitar ko ito ha Registry of Deeds.
(I submitted it to the Registry of Deeds.)

21P. Ano man an yana an katuyu-anan mo hine nga petisyon?

(What is now intention in filing this petition?)
B. Kay karuyag ko magkamay-ada ada hin bag-o nga titulo
han amon tuna nga saliwan han nawara.
(Because it is my intention to have a new owner’s duplicate
copy of the title in lieu of the one lost.)

22P. Maisisiguro mo ba ha hine nga harangdon nga Husgado

nga ine nga imo petisyon waray nga katuyu-anan nga illegal”
(Can you assure the Honorable Court that your petition is not
intended for unlawful intentions?)
B. Opo.
(Yes.)

23P. Ngan sugad man han imo bag-o nga titulo, kun baga
tugutan ka hine nga imo petisyon?
(And you also you new title, granting that this petition shall be
granted?)
B. Opo.
(Yes.)

KATAPUSAN HAN ASOY.

END OF STATEMENT.

IN WITNESS WHEREOF, I hereunto affix my signature this

27th day of October 2014 in Catbalogan City.

VANGIE L. COSMOD
Nag-aasoy/Affiant

SUBSCRIBED AND SWORN to before me this 27th day of

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October 2014 in Catbalogan City.

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 ATTESTATION

I, ATTY. MEDINO L. ACUBA, under oath, depose and state:

that-

1. I am the lawyer who conducted the examination

of the afore-mentioned affiant;

2. I faithfully recorded the questions I asked and the

corresponding answers that the affiant gave;

3. Neither I nor any other person coached the

affiant regarding the latter’s answers.

IN WITNESS WHEREOF, I hereunto affix my signature this 27th

day of October 2014 in Catbalogan City.

ATTY. MEDINO L. ACUBA

SUBSCRIBED AND SWORN to before me this 27th day of

October 2014 in Catbalogan City.
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 1. Petitioner is one of the two (2) surviving
heirs (grandchildren) of the late Enrica Sarmiento,
married to the equally late Benito Sarmiento, who
died sometime in 1990 in Brgy. Mahayag,
Catbalogan City;
4. During her lifetime, petitioner’s late paternal
grandmother, Enrica Sarmiento, was a registered
owner of a 57,134 square meter agricultural land
located in Brgy. Silanga (now Brgy. Old Mahayag),
Catbalogan City, as evidenced by Transfer
Certificate of Title No. T- 389, particularly described
as follows:

TRANSFER CERTIFICATE OF TITLE

No. T-309

A parcel of land (Lot No. 1452 of the

Cadastral survey of Catbalogan), with the
improvements thereon, situated in the barrio of
Silanga, Municipality of Catbalogan. Bounded
on the NE. by lot No. 1453 and the provincial
road; on the SE. By the provincial road and lot
10

No. 1450 on the SW. by LOT no. 1451 and NW by

a creek. Beginning at a point marked “1” on plan
Page

being N. 72 deg. 33’ W.,688.16 a. from B. L.L.M.

 No.12; thence S.2) deg. 19’ W.,23.06n. to point 2;
thence S.11 deg. 47’E., 37.61m. to point 3; thence
S. 31 deg. 06’ E., 32.13 m. to point 4; thence S. 2
deg. 34’ E., 10.97 m. to point 5; thence S. 16 deg.
52’ W., 42.70 m. to point 4; thence S. 43 deg. 26 ‘
W., 23.23 m. to point 7; thence E. 76 deg. 04’ W.,
57.56 m. to point 6; thence S. 61 deg. 29’W., 16.50
m. to point 9; thence S. 22 deg. 27’W., 14.29 m. to
point 10; thence S.5 deg. 11’ W., 48.25 m. to point
11; thence S. 72 deg. 29’ W., 36.07 m. to point
10;thence N. 32 deg. 36’W., 220.06 m. to point 13;
thence N. 42 deg. 11’ E., 177.64 m. to point 14;
thence N. 31 deg. 48’ E., 72.40 m. to point 15;
thence S. 60 deg. 06’ B., 23.49 m. to point 16;
thence N. 53 deg. 001’ E., 13.27 m. to point 17;
thence S. 24 deg. 49’ E., 155.26 m. to the point of
beginning; containing an area of fifty seven
thousand one hundred and thirty four (57,134)
square meters more or less.

Photocopy of said land title is hereto attached

as Annex “A” and made part hereof;

5. After petitioner’s paternal grandparents

passed away years ago, the ownership of said land
was transferred to their sole surviving heir, petitioner’s
father Philip Sarmiento Cosmod, who consistently
and exclusively tilled the land to his benefit;

6. On 02 May 2010, however, petitioner’s

father, Philip Sarmiento Cosmod, passed away in his
residence in Brgy. New Mahayag, Catbalogan City;
and by operation of law, therefore, the ownership of
same land was transmitted to herein petitioner and
her brother/co-heir Philipps Michael Cosmod;

7. After her father’s burial a week later,

petitioner got hold of the owner’s copy of said
Transfer Certificate of Title No. T-389 from his filing
cabinet at home then commingled with other
important papers and documents;

8. Petitioner and her brother then opted to

continue keeping the same owner’s copy of said
title in a long folder along with other papers and
documents in the same filing cabinet, hoping that
11

as soon as they can have enough money, they can

Page

work for the transfer of ownership of said land in their

names vice Enrica Sarmiento; and in the meantime,
petitioner and her brother/co-heir religiously paid
the real estate taxes due thereon at the Office of
the City Assessor, Catbalogan City, as evidenced by
Tax Clearance Certificate dated 01 April 2014,
photocopy hereto attached as Annex “B” and
made a part hereof, apart from having said land
relocated by a licensed surveyor;

9. Unfortunately, on or about the 7th day of

April 2014, the owner’s copy of said land title, which
petitioner earlier retrieved from the files for
presentment to concerned local agencies and a
certain engineer and supposedly returned thereto,
was no longer in said filing cabinet at home, and
despite repeated and successive earnest efforts to
locate the same, such proved futile, hence,
considering the lapse of time and the urgency of the
situation, petitioner and her brother now consider it
lost for all intents and purposes;

10. Consequently, petitioner was compelled

to execute, pursuant to Section 109 of P.D. No. 1529,
an affidavit of loss of the owner’s copy of the oft-
mentioned land title on 30 May 2014 and was
received by the Registry of Deeds for the Province of
Samar, Catbalogan City, on 05 June 2014; and
immediately said instrument had been duly
registered in its Electronic Registered Land Book
and the corresponding land title, photocopy of
which is hereto attached as Annex “C” and made a
part hereof;

11. Said owner’s copy of certificate of title

has never been presently pledged or delivered to
any person or entity to guarantee any obligation or
for any other purpose;

12. This petition is made in good faith and not

intended to defraud the government, especially the
Office of the Register of Deeds for the Province of
Samar, Catbalogan City, and third persons nor to
evade legal obligations.
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 PRAYER

WHEREFORE, the petitioner prays this Honorable Court to

DECLARE NULL and VOID the Owner’s Duplicate Copy of
Transfer Certificate of Title No. T-389 which had been lost, and to
ORDER and DIRECT the Office of the Register of Deeds for the
Province of Samar, Catbalogan City, after payment to it of the
fees prescribed by law, to ISSUE thereof new owner’s duplicate
certificate which shall in all respects be entitled to like faith and
credit as the original duplicate, in accordance with Section 109
of Act No. 496, as emended by Presidential Decree No. 1529.

Catbalogan City, 17 July 2014.

MEDINO L. ACUBA
Counsel for the Petitioner
299 Curry Ave., 6700 Catbalogan City
IBP Life Member Roll No. 011174
PTR No. 7706944 1.2.13 Samar
Roll of Attorneys No. 36781
MCLE Compliance No. IV-0012577 2.14.13

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