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Republic of the Philippines

MUNICIPAL TRIAL COURT


11th Judicial Region
Branch 5, Davao City

HEIRS OF LUNA ARAW, CIVIL CASE No. 14344-19


HEREIN REPRESENTED BY
SONRISA ARAW, FOR: FORCIBLE ENTRY

Plaintiff.

-versus-

MANUEL VANTES, REYNALDO VANTES,


NOEL VANTES
AND LUDO VANTES,

Defendants.

x-----------------------------------------------------------x

JUDICIAL AFFIDAVIT OF RHODORA N. IDORA –


DEFENDANTS’ WITNESS

Witness:
RHODORA N. IDORA, of legal age, Filipino, Register of Deeds of Davao
City, with office address LRA Blg., Bolton St., cor. Pichon St., Davao City.

Examining Lawyer:
EARVIN JAY ALPARAQUE, of legal age, Filipino, counsel of the
Defendants, with office address Alparaque and Associates Law Office, Door. 4,
Sunrise Building, Obrero, Davao City

Place of Examination:
Alparaque and Associates Law Office, Door. 4, Sunrise Building, Obrero,
Davao City

Formal Offer: Your Honor, we are offering the testimony of Rhodora N.


Idora, the Register of Deeds in Davao City, to prove that the alleged sale between
Zoilo Vantes and Luna Araw, as alleged by the plaintiff Sonrisa Araw is not
recorded in the primary entry book or day book of the Registry of Deeds, and that
the Original Certificate of Title No. 2911, issued in the name of Luis Vantes, does
not contain any annotation of the same.

I, RHODORA N. IDORA, of legal age, Filipino, married, Register of Deeds


of Davao City, with office address LRA Blg., Bolton St., cor. Pichon St., Davao City,
and a resident of Executive Homes, Bo. Pampanga, Davao City, after having been
sworn in accordance with law, hereby state that:

I am answering the questions propounded by counsel, Atty. Montero Tata,


fully conscious that I am under oath and that I may face criminal liability for false
testimony or perjury;
This Judicial Affidavit is written in English, a language known and understood
by me, and the examination and execution thereof were done at Door. 4, Sunrise
Building, Obrero, Davao City; and

This Judicial Affidavit shall serve as my direct testimony in this case.

Q1: Ms. Witness, you mentioned that you are the Register of Deeds in
Davao City. As such, what are your duties and responsibilities?

A1: I have several administrative functions, but it is primarily the keeping


of certificates of title of real property, as well as the recording of
transactions involving such properties.

Q2: In the course of your duty, do you recall the name of Manuel Vantes?

A2: Yes. He requested my office for a certified true copy of OCT No. 2991.

Q3: I will be showing you a document. Are you familiar with this?

A3: Yes. This is the certified true copy of OCT No. 2911 that was issued
by my office when it was requested by Manuel Vantes.

Q4: What does the document state?

A4: Well, aside from the technical description of the land, this title shows
that it was issued in favor of Mr. Luis Vantes on October 13, 1941.

Manifestation: Your Honor, we would like to manifest that this


document was pre-marked during the Pre-Trial as Exhibit 3 for the
defense.

Q5: Other than the date of issuance of the OCT and the land’s technical
description, are there any annotations in this title?

A5: No, there are none.

Q6: If there had been any transaction involving this property, what should
have the parties done?

A6: Well, they should have informed our office. They should have
registered the transaction . . . submit a copy of the document
evidencing the transaction, so that it could be annotated in the title.

Q7: What other records does your office have to show that the alleged sale
was, in fact, not recorded in the Registry of Deeds?

A7: We record all transactions, such as sale and mortgages, in our primary
entry book or day book.
Q8 Do you have with you a copy of the day book for transactions on May
25, 1970?

A8: Yes. I brought with me a certified true copy of page 97, Book 320. This
page contains all the registered transaction for May 25, 1970.

Manifestation: Your Honor, we would like to manifest that this


document was pre-marked during the Pre-Trial as Exhibit 4 for the
defense.

Q9: Can you please tell the court what does the document show in relation
to the current case?

A9: There is nothing. No transactions involving OCT. No. 2911 is recorded


on the day book.

IN WITNESS WHEREOF, I hereunto set my hand below this 6th day of


January 2018 at Davao City, Philippines.

RHODORA N. IDORA
Affiant

ATTESTATION OF COUNSEL

I, ATTY. EARVIN JAY ALPARAQUE, of legal age, counsel for the Defendants,
with office address 4th Floor, Twin Towers Building, Obrero, Davao City, after
having been sworn to in accordance with law, hereby attest that:

1. I am the examining lawyer in the foregoing Judicial Affidavit.


2. I faithfully recorded the questions that I asked and the corresponding
answers that the witness gave in her Judicial Affidavit.
3. Neither I nor any other person then present or assisting me coached the
witness regarding the latter’s answer.

IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of


January, 2018 at Davao City.

ATTY. EARVIN JAY ALPARAQUE


Affiant

SUBCRIBED AND SWORN to me this 7th day of January 2018 at Davao


City, Philippines. Affiants exhibited to me their respective competent evidences of
identity: RHODORA N. IDORA, her GSIS Multipurpose ID No. 123-1234-1234-1,
and ATTY. EARVIN JAY ALPARAQUE, his IBP ID No. 12345; thus satisfactorily
having proved their identities to me.

Doc. No.: ____


Page No.: ____
Book No.: ____
Series of 2018. ATTY. MONTERO TATA
Notary Public
Copy Furnished:
Atty. Kamille Liza Buhay
CERTIFIED TRUE COPY OF O.C.T. NO. 2911

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