Accused Viado filed their Address in the above-called times. In both cases he admits the point that regarding the filing of your Petition toward Issuance of new owner’s copies regarding TCT No. T-14466 and you may 14467, but denies having caused the delivery regarding a separate electricity of attorney for along with account of your customers. He said that it absolutely was Marilou Soriano who given in order to him a prepared petition that have annexes on that to have your in order to signal and you will thereafter getting their own chosen counsel so you’re able to file during the court. So it plan was informed me by the Marilou Soriano and you will Viado has concurred only if Marilou Soriano made available to your plaintiff Jacinto Soriano, up coming towards a controls settee, exactly who she introduced given that their dad. On top of that Viado accessible to aid in reconstituting new lost headings for a charge out of P80,. Viado states which he was only entitled regarding Unique Energy regarding Lawyer that has been currently notarized and you will attached to the Petition, x x x.
Immediately following summons of the guide, defendants Jose when you look at the Municipal Instance Zero. 6210-Roentgen and you can Hufana within the Civil Case No. 6211-R failed to file the respective solutions. Upon motion from the plaintiffs, Jose and you can Hufana have been .
Brand new said financing try protected by a bona fide home mortgage over the new TCT No
In its Answer for the Municipal Instance Zero. 6211-R, properly recorded promptly, BPI admits paragraphs step one and you may 8 of Issue and rejects the remainder issue accusations from the Grievance. Section 7, applies to the fresh plaintiffs assertion that the Petition towards issuance of new user’s duplicate duplicate out of TCT Nos. T-14466 and you may T-14467 might have been offered and therefore your order is awarded declaring the customer’s content of your foregoing titles was in fact forgotten and no push and you can impact. 14466 which have BPI on amount of Several Billion Pesos. By way of affirmative protections. BPI slates which enjoys looked after Hufana entirely a beneficial believe, and as such, it is a great mortgagee within the good-faith entitled to the security underneath the legislation. Further, they claims that it’s not essential commit beyond the four comers away from Hufana’s term, hence toward its face shows zero defect. The mortgage data files try notarized data files hence, under the rules, need strong expectation off frequency and you will legitimacy.
Abreast of activity out-of plaintiffs properly supplied of the legal, a revised Problem was recorded by the plaintiffs impleading Maria Luzviminda Patimo while the accused when you look at the Civil Case Zero. 6210-Roentgen.
Within the Answer to the fresh Revised Criticism, offender Patimo denies the material accusations from the Revised Ailment. Since Special and you can Affirmative Defenses, Patimo so-called you to since , she is contacted from the accused Jose whom required that loan and considering given that collateral TCT Zero. 85840. Ahead of entering the said application for the loan of Jose, Patimo decided to go to be certain that and check the above-said https://paydayloansconnecticut.com/fenwick/ title to your Check in of Deeds of Baguio Town. 85840.
Found that there no burden and other liens with the label offered by Jose, Patimo granted the mortgage applied for by the Jose on amount of just one Billion Peso
In Civil Case No. 6210-Roentgen, the truth try hereby dismissed on offender Patimo to own lack regarding merit. Since defendants Jose and Viado, he is hereby purchased so you’re able to solidarity pay the plaintiffs the total amount of 1 million pesos while the by way of real injuries; 3 hundred thousand pesos owing to ethical damages; 200 thousand pesos since and also by way of exemplary damage; and you may twenty-five [sic] thousand pesos as attorney’s costs in order to afford the price of this new suit.