Judicial Affidavit- Noel Arrancillo

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 TRANSFER CERTIFICATE OF TITLE NO. N-188547 OF THE REGISTRY OF DEEDS FOR QUEZON CITY, LRC CASE NO. 34359(12) SPS. NOEL M. ARANCILLO and FE V. ARANCILLO PETITIONER. x-------------------------------------------x

OFFER OF TESTIMONY; PURPOSE – Petitioners, thru counsel, respectfully offers the testimony of Mr. Noel M. Arancillo to prove the allegations in the petition, particularly for the issuance of new owner’s duplicate of title and the following:

1.

To prove that he is the husband and duly authorized

representative of his wife, Fe V. Arancillo; 2.

To prove that Estelita G. Ocoma mortgaged her property covered

by TCT No. N-188547 in the amount of One Million Five Hundred Thousand (P1,500,000.00) Pesos to herein petitioners; 3.

To prove that Estelita G. Ocoma failed to pay herein petitioners;

4.

To prove that the TCT No. N-188547 was lost in petitioners

possession and the necessary affidavit of loss executed and caused the annotation in the title; 4.

To prove other matters relevant to the petition and to identify

documents related to the petition.

JUDICIAL AFFIDAVIT OF PETITIONER NOEL M. ARANCILLO 1 |Page

I, NOEL M. ARANCILLO, hereby declare in this JUDICIAL AFFIDAVIT, the following: (a) address City;

My name is Noel M. Arancillo, Filipino, married, with residence at B15 L5 Judea St., Multinational Village, Parañaque

(b) Atty. questioning;

Charlie

S.

Garcia

conducted

the

examination

or

(c) In answering the questions asked of me, I was fully conscious that I was doing so under oath, and that I may face criminal liability for false testimony or perjury; and (d) herein

The questions asked of me and corresponding answers are consecutively number, to wit:

1) QUESTION: personal

Please state your name, age, occupation and other circumstances.

ANSWER: I am Engr. Hermes Jude G. Juntilo, 42 years old married, a licensed engineer employed with NHA-Region VII, with residential postal address at 15 Cabarrubias St. San Jose Village Tisa Cebu City. 2) QUESTION: your

You made mention that you are working for NHA, what is position?

ANSWER:

I am assigned as a Senior Engineer A at NHA Region VII.

3) QUESTION: duties and

As an Engineer of NHA, what are among your important functions?

ANSWER:

Among other important functions are Site Investigation, Engineering Design and Planning, Project Cost Estimates of proposed housing sites; Works Engineering during project implementation, representation to various Local Housing Boards and Project Monitoring of ongoing projects. 4) QUESTION:

What are among the projects you have handled?

ANSWER: NHA Resettlement Sites in Talisay City, Local Housing Projects in Bogo Cebu and Toledo City, PAF 3 Medium Rise Housing in Mandaue City, NHADOH Housing Projects in Carreta and Sambag 2 Cebu City, Busay Heights Housing Project Estate Management Assistance and Tisa-Punta Housing Project Monitoring.

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5) QUESTION: the

You made mention of Tisa-Punta Housing Project, is that property subject matter of this case?

ANSWER:

Yes, ma’am.

6) QUESTION: housing

In your experience, what is the normal procedure before a project of NHA may be implemented?

ANSWER: Among the important steps in undertaking this kind of a housing project are site evaluation and investigation, community preparation, planning and pre-feasibility study. Since this project can be considered by NHA as “Slum Upgrading” Project-wherein the beneficiaries are on site, with this scheme “Maximum Retention, Minimum Displacement” will be followed. A preliminary land survey must be undertaken to determine actual situation of structures on site and to assist the NHA planners for the preparation of re-blocking plan in consonance with BP 220 standard. 7) QUESTION:

What happens next?

ANSWER: This subdivision scheme is then finalized and presented to the Community Association. In TIPUN’s case, the CA requested to undertake the survey of the project and contracted a Geodetic Engineer’s services for this purpose. The subdivision plan presented and approved by NHA was then given to the CA’s Geodetic Engineer for computation and eventual submission to DENR-LMS (Land Management Section) VII. 8) QUESTION: the

What happens after the submission of the survey plan to Bureau of Lands?

ANSWER:

NHA proceeds with the implementation of land survey.

9) QUESTION:

Do you not wait for the approved subdivision plan?

ANSWER: proceed for the

Due to the exigency of government service, we sometimes with the project and awarding of lots and just await approved subdivision plan.

10) QUESTION: What other reasons did NHA have why you did nit wait for the subdivision plan? ANSWER: The entire project map/lot plan implemented which was approved in consultation with the CA is the same as the one submitted to the DENR-LMS VII. Also because we needed money for the plan and not all the beneficiaries contributed for the payment of the plan and we are still in the process of finding the funds for it.

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11) QUESTION: Would it not be wise to wait for the approved subdivision plan? ANSWER: Yes, but sometimes it takes months or sometimes even years for a plan to be approved and we cannot wait that long because the project is already occupied and our beneficiaries have nowhere else to live. 12) QUESTION: Are the beneficiaries informed of this? ANSWER: Yes, we informed them that the NHA subdivision plan for the project has yet to be approved by the DENR-LMS VII, but it is the same subdivision plan that was also the basis of their individual lot awards. In fact, since the CA contracted the GE, they were also directly coordinating with the GE and were aware of the status of the approval of the plan. 13) QUESTION: In the Tisa-Punta, why was the project implemented without the subdivision plan approved by DENR-LMS? ANSWER: Because there were already occupants within the project and the beneficiaries wanted to start paying for their lot so that they can improve their structures. If we waited for the approved plan, we cannot provide for their immediate security of tenure. The NHAapproved subdivision plan was coordinated with the association’s GE and with the CA before it was submitted to the DENR-LMS approval. 14) QUESTION: What implementation of ANSWER: like that is Plans.

are

the

problems encountered during the the lot survey with this project?

I can only speak of issues encountered during my tenure regarding building improvements of beneficiaries inconsistent with the NHA Subdivision

15) QUESTION: Why? ANSWER:

Like in the case of Mr. Yutico wherein he requested for the implementation of his right of way as designated on the NHA approved subdivision plan. 16) QUESTION: Can you explain further? ANSWER: After NHA made an evaluation on subject area, we found that Mrs. Noel has encroached on the designated right of way of Mr. Yutico. 17) QUESTION: What did you do?

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ANSWER: Several attempts to settle the dispute of Mrs. Noel’s encroachment upon the right-of way of Mr. Yutico but nothing happened. 18) QUESTION: Did you try to speak with Mrs. Noel personally? ANSWER: Yes, we wrote her several letters. The matter was even brought to the Barangay on January 27, 2007 wherein Ms. Noel promised to survey her lot, January 29, 2009 were NHA volunteered to undertake the survey of the Road Right of Way for Lot 2, Block 7 of Mr. Yutico and February 19, 2009 where NHA presented to the LUPON the result of the survey. The case is designated as Barangay case No. 1182. 19) QUESTION: Do you have a copy of the subdivision plan? ANSWER:

Yes. Here is the subdivision plan fro the Tisa-Punta.

MANIFESTATION: Exhibit

Your Honor, may we request that this be marked as __________ for NHA.

20) QUESTION: What else transpired during the Barangay Case meetings? ANSWER: February 19, 2009, I, together with Mrs. Noel and Mr. Yutico went to the Barangay to discuss the result of the survey, which Mrs. Noel refused to accept. The parties were given by the Barangay a Certification to File Action. 21) QUESTION: What happened next? ANSWER: here

The NHA sent her another letter on July 29, 2009, informing of her encroachment.

22) QUESTION: Do you have a copy of this letter? ANSWER: February

None at the moment. The matters which took place after 2009 will be discussed by NHA’s next witness.

_____________________________ ENGR. HERMES JUDE G. JUNTILO Affiant SUBSCRIBED AND SWORN TO BEFORE ME, this _______________ at the City of Cebu, affiant exhibiting to me his NHA ID with No. _________________ and who manifested to me that the same is his free voluntary act and deed.

NOTARY PUBLIC 5 |Page

Doc. No. _________ Page No. ________ Book No. ________ Series of 2013.

SWORN ATTESTATION I, CHARLIE S. GARCIA, the lawyer who conducted the examination of the above-named witness, Noel M. Arancillo, hereby certify and attest that:

1. answers

2. the

I faithfully recorded the questions asked and the corresponding that the witness gave.

Neither I nor other persons then present or assisting me coached witness regarding the latter’s answers.

Quezon City, _____________, 2013.

CHARLIE S. GARCIA

SUBSCRIBED AND SWORN TO BEFORE ME, this _______________ at the City of Quezon, affiant personally known to me and who manifested to me that the same is his free voluntary act and deed.

NOTARY PUBLIC Doc. No. _________ Page No. ________ Book No. ________ Series of 2013. EXPLANATION

Copies of the foregoing pleading are being served by registered mail due to lack of office personnel to effect personal filing and service of the same as the lone liaison officer in the office is burdened with filing and serving other pleadings for equally-important cases.

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CHARLIE S. GARCIA

Copy furnished: Mark Elton C. Garrote (Counsel for Plaintiff) Rm. 204, Aniceta Bldg. Osmeña Blvd., Capitol Site Cebu City Atty. Rodulfo D. Dacalos, Jr. (Counsel for Defendant Yutico) 222 N. Bacalso Avenue Mambaling, Cebu City

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