Defendant Viado submitted his Answer regarding above-titled times. In both cases the guy acknowledges that regarding the filing of your own Petition with the Issuance of brand new customer’s duplicates regarding TCT Zero. T-14466 and you can 14467, but denies that have was the cause of delivery out of a unique energy out-of lawyer to have plus in part of people. The guy mentioned that it was Marilou Soriano exactly who passed so you can him a prepared petition that have annexes on that having your so you can sign and you can thereafter having her chosen guidance in order to file inside legal. That it plan is actually said of the Marilou Soriano and Viado keeps decided on condition that Marilou Soriano presented to him plaintiff Jacinto Soriano, after that into a controls couch, exactly who she delivered as the their dad. At the same time Viado offered to assist in reconstituting the new shed headings to possess a charge away from P80,. Viado says which he was just entitled on the Unique Fuel out-of Lawyer that has been already notarized and you will attached to the Petition, x x x.
Immediately after summons by the guide, defendants Jose inside the Municipal Circumstances No. 6210-Roentgen and you will Hufana in Civil Case Zero. 6211-R didn’t file the particular responses. On actions by plaintiffs, Jose and you can Hufana have been .
The newest said loan is actually covered by the a genuine house financial more than the TCT Zero
In its Respond to into the Municipal Circumstances Zero. 6211-Roentgen, duly submitted promptly, BPI admits sentences 1 and you may 8 of the Complaint and denies other situation accusations from the Grievance. Part eight, applies to this new plaintiffs denial that the Petition into issuance of the latest owner’s duplicate backup out of TCT Nos. T-14466 and you will T-14467 has been granted and this an order was approved claiming your owner’s duplicate of one’s foregoing headings have been forgotten no force and feeling. 14466 with BPI throughout the number of Several Mil $255 payday loans online same day Virginia Pesos. Compliment of affirmative protections. BPI slates so it has cared for Hufana in full good faith, and as such, it is a great mortgagee inside the good-faith eligible to the security in law. Subsequent, it says that it’s not needed to visit beyond the four comers out-of Hufana’s term, and this to the the face reveals zero defect. The mortgage files is actually notarized data files which, in laws, deserve solid expectation from frequency and validity.
Through to motion of plaintiffs properly provided from the courtroom, a revised Criticism was filed by plaintiffs impleading Maria Luzviminda Patimo given that accused inside Civil Case No. 6210-R.
With its Treatment for the brand new Revised Problem, offender Patimo rejects the materials allegations on Revised Problem. Given that Special and you will Affirmative Defenses, Patimo alleged one to since , she is actually contacted by offender Jose just who asked for financing and you may given given that equity TCT Zero. 85840. Just before going into the said application for the loan of Jose, Patimo visited make sure and check these-said name on the Sign in out of Deeds away from Baguio Town. 85840.
Satisfied that there no burden and other liens towards name offered by Jose, Patimo offered the borrowed funds removed by the Jose throughout the count of one Mil Peso
During the Municipal Case Zero. 6210-Roentgen, the truth was hereby overlooked concerning accused Patimo getting run out of from merit. By defendants Jose and you will Viado, he is hereby ordered so you can solidarity pay the plaintiffs the quantity of a single million pesos as the and also by way of genuine injuries; 3 hundred thousand pesos by way of moral problems; two hundred thousand pesos since and also by technique for excellent problems; and you may twenty five [sic] thousand pesos because attorney’s fees and also to pay the cost of the new match.