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Republic of the Philippines }

City of Cebu } S.s.

AFFIDAVIT OF LOSS

I, JOSEPHINE LANO OGURA, Filipino, of legal age, and a resident of B3L1


North Eagle-4, Tagum City, Davao, after being sworn to in accordance with law do
hereby depose and say, THAT:

1. I am a daughter and one of the compulsory heirs of RICARDO D. LANO


(deceased).

2. During the lifetime of my father, Ricardo D. Lano, he owned several parcels of


land including two parcels of land situated in Barangay Banilad, Mandaue City,
Province of Cebu.

3. The above-mentioned parcels of land are covered by Transfer Certificate of Title


No. 35306 and 35307.registered under the name of my father, Ricardo D. Lano.

4. Sometime in January 1997, my father executed a Special Power of Attorney to


JAMES ELPA, authorizing the latter to borrow money from Visayas Goodwill
Credit Corporation and to mortgage to said lending institution the two parcels of
land covered by TCT No. 35306 and TCT No. 35307.

5. For the purpose of carrying out the authority granted to James Elpa, my father
conveyed to the latter the Owner’s Duplicate of TCT No. 35306 and TCT No.
35307.

6. After getting hold of the Owners Duplicate of TCT No. 35306 and TCT No.
35307, James Elpa did not carry out the authority granted to him. He did not
obtain a loan from Visayas Goodwill Credit Corporation, as he was specifically
tasked to do under the Special Power of Attorney.

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7. Nonetheless, James Elpa kept possession of the Owner’s Duplicate of TCT No.
35306 and TCT No. 35307 despite the fact that my father, Ricardo D. Lano,
never received any loan proceeds.

8. Just today, July 4, 2012, I, together with EVA CALABROSO GUMERA, went to
Visayas Goodwill Credit Corporation to make inquiries as regards the loan that
James Elpa was authorized to transact in behalf of my father.

9. Upon examination of the records, the manager of Visayas Goodwill Credit


Corporation informed me and Eva Calabroso Gumera that there is no record of
any loan obtained by James Elpa, in his own name or in behalf of Ricardo D.
Lano, and no mortgage was made covering the two parcels of land above-
mentioned in favor of Visayas Goodwill Credit Corporation.

10. Since 1997, I kept demanding from James Elpa to give me the documents
relating to the loan and receipt of the loan proceeds but the demands were
ignored.

11. Hence, James Elpa did not carry out the authority granted to him by my father
under he special power of attorney.

12. Until now, the Owner’s Duplicate of TCT No. 35306 and TCT No. 35307 are still
in the possession of James Elpa whose whereabouts is unknown to us. I exerted
diligent efforts to communicate with and locate James Elpa but the same have
failed.

13. Thus, I now consider the Owner’s Duplicate of TCT No. 35306 and TCT No.
35307 as LOST and beyond recovery.

14. I am executing this Affidavit to attest to the truth and veracity of the foregoing
allegations and for the purpose of having this incident recorded in the Office of
the Register of Deeds of Mandaue City as notice to any person who might deal
with the parcels of land covered by TCT No. 35306 and TCT No. 35307.

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IN WITNESS WHEREOF, I have hereunto affixed my signature this 21st day of
June 2011 at Cebu City, Philippines.

JOSEPHINE LANO OGURA


Affiant

SUBSCRIBED AND SWORN to before me this __ day of July 2012 at Cebu City;
affiant exhibited to me her competent evidence of identity which is her Driver’s License
with License Number G01-95-193255 valid until November 11, 2012.

Notary Public

Doc. No. ______


Page No.______
Book No.______
Series of 2012

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