Accused Viado submitted their Address throughout the a lot more than-called instances. In the two cases the guy admits the truth that regarding the filing of your Petition into Issuance of brand new user’s duplicates away from TCT No. T-14466 and you can 14467, however, denies with caused the delivery away from an alternative power out of lawyer getting and in part of the owners. He mentioned that it absolutely was Marilou Soriano which given so you’re able to your a ready petition with annexes thereon getting him so you’re able to signal and afterwards for their chose the recommendations in order to file into the judge. That it plan try explained of the Marilou Soriano and you will Viado possess arranged as long as Marilou Soriano made available to your plaintiff Jacinto Soriano, then to your a controls settee, whom she delivered because their dad. At the same time Viado offered to assist in reconstituting new lost titles to own a charge out of P80,. Viado says which he was just titled about Unique Fuel away from Attorney that has been already notarized and you will attached to the Petition, x x x.
Shortly after summons of the guide, defendants Jose during the Municipal Situation No. 6210-Roentgen and Hufana inside Civil Circumstances Zero. 6211-R did not document their respective solutions. On activity because of the plaintiffs, Jose and Hufana had been .
The fresh new told you financing try covered because of the a bona-fide home financial more than the fresh TCT Zero
In its Respond to within the Municipal Situation No. 6211-R, properly filed promptly, BPI admits paragraphs step one and you may 8 of your own Problem and you will denies the rest of the question accusations on Complaint. Paragraph eight, relates to this new plaintiffs assertion that Petition into issuance of new user’s content content regarding TCT Nos. T-14466 and you may T-14467 has been granted hence your order was awarded saying that the customer’s duplicate of your foregoing headings have been missing with no push and you will perception. 14466 with BPI from the number of Several Million Pesos. Through affirmative defenses. BPI slates which has looked after Hufana in full an excellent believe, and thus, it is a good mortgagee during the good faith permitted the security in rules. After that, they says that it is not needed to visit outside of the five comers from Hufana’s name, and therefore towards the its face suggests no problem. The loan files is notarized data and this, according to the rules, need solid presumption of frequency and legitimacy.
Up on action out-of plaintiffs duly granted by legal, a revised Problem are recorded because of the plaintiffs impleading Maria Luzviminda Patimo because the defendant into the Civil Instance Zero. 6210-R.
Within its Way to the brand new Revised Problem, accused Patimo denies the materials allegations regarding Revised Issue. As the Special and Affirmative Defenses, Patimo alleged you to definitely around , she is actually contacted by defendant Jose which asked for a loan and you will considering as the collateral TCT Zero. 85840. Prior to entering the said loan application off Jose, Patimo decided to go to make certain and look the above-mentioned name towards Sign in regarding Deeds out-of Baguio Urban area. 85840.
Found that there zero burden or other liens into the identity offered by Jose, Patimo offered the loan removed because of the Jose on the count of a single Billion Peso
During the Municipal Situation No. 6210-R, the case is actually hereby disregarded regarding offender Patimo having use up all your away from merit. As of defendants Jose and Viado, he could be hereby ordered to solidarity spend the money for plaintiffs the amount of one mil pesos given that and also by way of real damage; 300 thousand pesos as a result of payday advance loans Salmon Brook CT moral damages; 2 hundred thousand pesos because and by technique for exemplary injuries; and you may twenty-five [sic] thousand pesos just like the attorney’s fees also to afford the price of the newest match.
