REPUBLIC OF THE PHILIPPINES )

PROVINCE OF NERGOS OCCIDENTAL )

CITY OF HIMAMAYLAN ) S.S.
x---------------------------------------------------x

AFFIDAVIT OF ADVERSE CLAIM

I, AZUCENA Q. ESPAÑOLA, 71 years old, Filipino, widow and a resident of

Del Pilar St., Brgy. III-Poblacion, Hinigaran, Negros Occidental, Philippines, after
having been duly sworn to in accordance with law, depose and say:

1. That I am the surviving spouse of the late ORLANDO ESPAÑOLA,

and his Attorney-In-Law, as he was one of the defendants in a Civil Case No.
752 entitled M.B. lending Corporation, Plaintiff vs. Enrique Mudanza, et. al.,
pending before Regional Trial Court, RTC Branch 55, Himamaylan City, Negros
Occidental, for: Recovery of Possession with Damages;

2. That said Civil Case involved Lot 276-B-B-D with an area of 279
Square meters, and situated in Poblacion, Hinigaran, Negros Occidental, formerly
owned by Federico Leonora and Victorio Leonora as evidenced by TCT No. T-
149187;

3. That the subject Lot, before the filling of the afore-mentioned Civil
Case, was sold by them to my late husband Orlando Española in 1993 as
evidenc4ed by a Deed of Absolute Sale dated January 8, 1993 duly notarized by
Notary Public Oscar M. Lagtapon and entered his Notarial Registry as Doc No. 21;
Page No. 5; Book No. XXXV; Series of 1993;

4. That after the subject Lot was sold to my said husband, formers
owners Federico Leonora and Victorio Leonora without the knowledge of my said
husband, mortgaged with M.B. Lending Corporation the afore-mentioned Lot, the
latter being then charged with the knowledge that the same was already sold to my
husband;

5. That when the former owners Federico Leonora and Victorio

Leonora failed to redeem the subject mortgaged property, MB Lending
foreclosed the same, and, later, while the case pending in courts, and without the
knowledge of my husband, myself and other defendant, it consolidated its
ownership over subject lot and have it titled in its name under TCT No. T-179949;

6. That the subject Civil Case before the RTC-Himamaylan City, was
dismissed in favor of the defendants, but later on appealed by MB Lending
Corporation by way of Certiorari to the Court of Appeals, Cebu City, and currently
entitled MB Lending Corporation, Petitioner, versus Hon. Franklin J.
Demonteverede, Presiding Judge, RTC Br. 55, Himamaylan City, Negros
Occidental, et.al., Respondents, and said appealed is now pending for
RESOLUTION;
 7. That the issuance of TCT T-179949 in the name of MB Lending
Corporation which is a party of the subject appealed case really worked injustice
and adversely affected the rights of ownership of Orlando Española and his
surviving heirs;

8. That through this Affidavit, I am registering the Register of Deeds of

Negros Occidental, an Adverse Claim, being the surviving and compulsory heir of
the late Orlando Española, involving Lot 176-B-B-D now covered by TCT No. T-
179949 in the name of MB Lending Corporation, and hereby prays that same
adverse claim be annotated at the back of the latter Transfer Certificate of Title.
request for the annotation of an adverse claim over the parcel of land covered by
the Transfer Certificate of Title No. 091-2012005028.

IN WITNESS WHEREOF, We have hereunto set our hands this 26th day
of September 2016 in Himamaylan City, Negros Occidental, Philippines.

AZUCENA Q. ESPAÑOLA

Affiant

SUBCRIBED AND SWORN TO before me this 26th day of September

2016 in Himamaylan City, Negros Occidental, Philippines, affiant exhibiting to me
her valid ID with no. 123456 bearing her photograph and signature.

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2016.