Defendant Viado filed their Address in the more than-titled cases. In the two cases he admits the reality that concerning the filing of your own Petition towards the Issuance of brand new owner’s duplicates out of TCT Zero. T-14466 and you can 14467, however, rejects which have caused the performance regarding a new power of lawyer getting as well as in part of people. He asserted that it absolutely was Marilou Soriano exactly who handed so you can your a ready petition that have annexes thereon having him so you’re able to indication and after that to own their chosen guidance to help you file in judge. It arrangement try informed me of the Marilou Soriano and Viado features agreed on condition that Marilou Soriano presented to him plaintiff Jacinto Soriano, next to the a wheel settee, exactly who she produced because the his father. On top of that Viado wanted to help in reconstituting the latest missing headings for a charge of P80,. Viado claims which he was only named on the Unique Fuel off Lawyer https://paydayloansconnecticut.com/bethlehem-village/ which was already notarized and you will linked to the Petition, x x x.
After summons from the publication, defendants Jose when you look at the Civil Instance No. 6210-Roentgen and you will Hufana during the Municipal Circumstances Zero. 6211-Roentgen didn’t file their particular responses. Up on motion by the plaintiffs, Jose and you may Hufana had been .
The brand new said mortgage was secure of the a bona-fide estate mortgage more this new TCT Zero
With its Respond to into the Municipal Situation Zero. 6211-Roentgen, properly filed timely, BPI admits paragraphs 1 and you may 8 of one’s Criticism and you may rejects the rest of the matter accusations regarding Issue. Section seven, pertains to the newest plaintiffs denial that Petition toward issuance of brand new customer’s content copy out of TCT Nos. T-14466 and you may T-14467 has been granted and this your order try granted saying that the customer’s copy of foregoing titles was basically forgotten no push and effect. 14466 having BPI regarding the quantity of Two Mil Pesos. Thanks to affirmative defenses. BPI slates that it has actually looked after Hufana in full a great trust, and thus, it is a mortgagee in good-faith permitted the safety beneath the laws. After that, they claims it is not required going beyond the five comers from Hufana’s title, and that to your its deal with reveals zero defect. The borrowed funds files try notarized files which, according to the legislation, need solid assumption from volume and you may legitimacy.
Abreast of action out of plaintiffs properly offered from the legal, an amended Grievance is actually registered because of the plaintiffs impleading Maria Luzviminda Patimo since the accused when you look at the Civil Circumstances Zero. 6210-Roentgen.
With its Treatment for the newest Amended Issue, accused Patimo denies the material accusations regarding the Amended Criticism. Due to the fact Unique and Affirmative Defenses, Patimo so-called you to definitely around , she are approached by the accused Jose who requested financing and you can offered because collateral TCT Zero. 85840. Before going into the said application for the loan off Jose, Patimo went to make sure and check the above mentioned-stated term towards the Register off Deeds off Baguio City. 85840.
Came across that there no burden or other liens towards the title given by Jose, Patimo supplied the borrowed funds taken out of the Jose regarding the count of a single Mil Peso
When you look at the Municipal Case No. 6210-Roentgen, the outcome is actually hereby disregarded as to accused Patimo to possess run out of out-of merit. As of defendants Jose and you may Viado, he could be hereby ordered to solidarity afford the plaintiffs the amount of 1 billion pesos since the by technique for real damages; three hundred thousand pesos as a result of ethical damages; 200 thousand pesos because and by technique for excellent problems; and you will twenty five [sic] thousand pesos because the attorney’s charges and afford the cost of this new fit.