REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

7TH JUDICIAL REGION
BRANCH 29
TOLEDO CITY

IN THE MATTER OF THE APPLICATION

FOR REGISTRATION OF TITLE
LAND REG. CASE NO. 17
(Previously LRC NO. N-275-T)
LRA Record No. N-53938
FELINO M. GANAL
Original Applicant, Lot Nos.:
1. Lot 4057 & 4384, Survey Plan
SWO-07-01-000778;
2. Lot 452, Survey Plan SWO-07-01-
MARTIN E. RUELO, 000776;
Movant-Substituted Applicant, 3. Lot 4226 & 4836, Survey Plan
SWO-07-01-000780;
4. Lot 4254 & 4255, Survey Plan
ANSECA DEVELOPMENT CORPORATION, SWO-07-01-000779;
Movant Intervenor-Applicant. 5. Lot 4389, Survey Plan SWO-07-01-
000775;
X- - - - - - - - - - - - - - - - - - - - - - - - - -/ 6. Lot 4407, 4055 & 4054, Survey
Plan SWO-07-01-000781;
7. Lot 4830, SWO-07-01-000774;
8. Lot 4231, Survey Plan SWO-07-01-
000777.

JUDICIAL AFFIDAVIT

PRELIMINARY STATEMENT

I, GEOBEN I. FERNANDEZ, Filipino, of legal age, single and with office

and postal address at the National Mapping and Resource Information Authority
(NAMRIA) Main Office, Lawton Avenue, Fort Andres Bonifacio, 1634 Taguig City,
state under oath as follows:
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That the person examining me is Atty. OLIVER E. BAYLOSIS with Office

address at Carmen Copper Corporation, Barangay Don Andres Soriano, Toledo
City, Cebu. The examination is being held at Carmen Copper Corporation,
Barangay Don Andres Soriano, Toledo City, Cebu. I am answering the questions
asked of me, fully conscious that I do so under oath and may face criminal
liability for false testimony and perjury.

I am the duly authorized representative of the National Mapping and Resource

Information Authority (NAMRIA) to testify as a witness in the above-captioned
case;

Question1: Please state your name and other personal circumstances.

Answer1: I am Geoben I. Fernandez, Filipino, of legal age, single, with office
and postal address at the NAMRIA Main Office, Lawton Avenue, Fort
Andres Bonifacio, Taguig City and presently employed as a Senior
Remote Sensing Technologist of the NAMRIA.

Question 2: How long have you been connected with the NAMRIA?
Answer2: I have been employed with the NAMRIA since _______ up to the present
or for more than _____ (___) years already.

Question3: Does the Land Classification Division, Resource Data Analysis

Branch have official custody of land classification maps and
forestry administrative orders?
Answer 3: NAMRIA is the custodian of the original LC Maps and has on file
some of the forestry administrative orders.

Question4: What are your duties as Senior Remote Sensing Technologist (RS
Technologist)?
Answer 4: As Senior RS Tech., my duties and responsibilities are, among others,
(1) acting on inquiries from the public with regard to remote
sensing services basically on land classification maps; (2) writing
memos and other communications; (3) survey and digitization of
land classification maps.

Subpoena Duces Tecum and Ad Testificandum

Question5: Did you receive a subpoena duces tecum and ad testificandum to

appear in this case?
Answer5: Yes, we did.
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Question6: I show to you this duplicate original of a Subpoena Duces Tecum

and Ad Testificandum issued by the Regional Trial Court of Toledo
City, Branch 29 to _______________________ and/or his duly authorized
representative Mr. Geoben I. Fernandez.. Is this the subpoena you
mentioned?
Answer6: It is the same subpoena we received.

Question 7: In this subpoena, you are requested to bring with you the
following documents:
 Land Classification Map 1373 of Toledo Cebu;
 Forestry Administrative Order No. 4-519 dated Dec. 6, 1939;
 Certification to the effect that NAMRIA has no record of
Forestry Administrative Order No.4-519 dated December 6,
1939;
 The technical description of Land Classification (LC) Map 1373
of Toledo Cebu which is part of the land classification map.
Did you bring these documents?
Answer 7: Our office has the original of Land Classification (LC) Map 1373 of
Toledo, Province of Cebu which includes the Technical Description of
said Land Classification Map, altogether two sheets. Our office does
not have a record of Forestry Administrative Order No. 4-519 dated
December 6, 1939 and a Certification to that effect was issued. Outside
of the office, I can only bring with me certified true copies of Land
Classification (LC) Maps and Forestry Administrative Orders, the
originals of which are in the custody of NAMRIA..

LC Map 1373 Toledo Cebu

Question 8: I am showing to you this Land Classification (LC) Map 1373 of

Toledo, Province of Cebu, consisting of Sheet 1 and Sheet 2, both of
which are certified true copies. What is the relation of this
document to the Land Classification (LC) Map 1373 that you
mentioned earlier?
Answer 8: It is a certified true copy of the original Land Classification (LC) Map
1373 in our office which consists of two (2) sheets. Sheet 2 contains
the technical description of this particular LC Map.

Question 9: Under the certification, stamped on the top right hand corner that
Sheet 1 is a true and correct copy, there is a written name with a
signature above it. Do you know this person?
Answer 9: Yes. She is the Chief of our office, the Land Classification Division of
NAMRIA.

Question 10: Is this her signature?

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Answer 10: Yes.

Question 11: Why do you know her signature?

Answer 11: I am familiar with her signature because I have seen her signature
on many other official documents I acted on while performing my
duties.

Question12: On sheet 2 of Land Classification (LC) Map 1373, on the bottom

right hand corner, the same name and signature of appears under
a certification that it is a true and correct copy. Is this the same
person who certified Sheet 1?
Answer12: Yes, it is also the Chief of our Office and her signature.

Question 13: Do you warrant that the attached certified true copies of Sheets 1
and 2 of Land Classification (LC) Map 1373 of Toledo, Province of
Cebu are true and faithful copies or reproductions of the originals
on file with your office ?
Answer 13: I do.

Forestry Administrative Order No. 4-519 dated October 6, 1939

Question 14: On the middle left side of the certified true copy of Land
Classification (LC) Map 1373, there is a notation which reads:

“I hereby certify that this is the correct map of the areas set aside,
pursuant to Section 1827 of the Administrative Code, as
agricultural lands, under Forestry Administrative Order No. 4-519
dated December 6, 1939. Said areas have been surveyed and plotted
in accordance with the procedure and mapping instructions of the
Bureau of Forestry. The original reports, field notes and
computations in connection herewith are on file in this office.”

Manila, Philippines, December 6, 1939. Signed by the Director of

Forestry.

You mentioned that your office does not have a record of Forestry
Administrative Order No. 4-519 dated October 6, 1939 . Is this
the same Forestry Administrative Order No. 4-519 referred to in
the notation found on Sheet 1 of Land Classification (LC) Map
1373?
Answer 14: Yes, it is the same one.
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Question 15: Did you exert effort to locate Forestry Administrative Order No. 4-
519 in your office?
Answer15: Yes, we tried to find but the same cannot be found in our files. We
have made a very exhaustive search for this forestry administrative
order among all our records several times since we also received
requests for the same from other persons, but we could not find the
same.

Question16: Do you have proof that NAMRIA does not have a record of
Forestry Administrative Order No. 4-519?
Answer 16: Yes, a Certification was issued by NAMRIA.

Question17: I am showing you this original Certification from the NAMRIA

signed by Dr. Peter N. Tiangco, Administrator. What relation does
this Certification have to the one you mentioned?
Answer 17: It is the same one.

Question 18: Do you know Dr. Peter N. Tiangco,?

Answer 18: Yes. He is the Administrator of the NAMRIA where I work.

Question 19: On this Certification, there is a signature above the name Dr. Peter
N. Tiangco. Is this his signature?
Answer 19: Yes, it is.

Question 20: Why do you know his signature?

Answer 20: I have seen his signature in many other documents I see or come
across or act on while performing my duties .

Question 21: I am attaching the following documents to form part of your

Judicial Affidavit:
a. Duplicate original of the Subpoena Duces Tecum and Ad
Testificandum addressed to ____________________ and/or his
authorized representative Mr. Geoben I. Fernandez;

b. The original of the NAMRIA Certification;

c. The certified true copies of Sheets 1 and 2 of Land

Classification (LC) Maps 1373.

. Do you confirm my action?

Answer 21: Yes, I do.
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Question22: Do you understand the contents of this Judicial Affidavit and do

you confirm and affirm the truth of the statements herein?
Answer22: Yes, I understand the contents of this Judicial Affidavit which is
written in the English language of which I am conversant and I am
executing this affidavit in order to attest to the truth of the
foregoing facts.

IN WITNESS WHEREOF, I have hereunto affixed my signature on _______,

20___ in the City of Toledo, Cebu, Philippines.

GEOBEN I. FERNANDEZ
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, on _____________ in the City of

Toledo, Cebu, Philippines, affiant having personally appeared before me and the
undersigned notary public has identified said affiant through the following
competent evidence of identity consisting of his ID No. ___________________, an
identification card duly issued by a government agency which bear the affiant’s
photograph and signature and the affiant signed the subject Judicial Affidavit in
my presence and affirmed that the same is his free and voluntary act and deed.

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2017.
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ATTESTATION

I, Atty. OLIVER E. BAYLOSIS, Filipino, of legal age, married, with Office

business address at Carmen Copper Corporation, Barangay Don Andres Soriano,
Toledo City, Cebu, faithfully recorded the questions that I asked and the
corresponding answers that the affiant gave; the affiant answered the questions
of his own free will and neither I nor any other person then present or assisting
him coached the affiant regarding his answers.

__________, Philippines, ____________, 2017.

Atty. OLIVER E. BAYLOSIS

SUBSCRIBED AND SWORN TO BEFORE ME, on _____________ in Toledo City,

Cebu, Philippines, undersigned notary public has identified said affiant through
the following competent evidence of identity consisting of his ID No.
___________________, and valid until _________ which is an Identification Card duly
issued by a government agency which bear the affiant’s photograph and
signature and the affiant signed the subject Attestation in my presence and
affirmed that the same is his free and voluntary act and deed.

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of 2017.