Defendant Viado recorded his Respond to regarding the a lot more than-titled circumstances. In both cases the guy acknowledges the truth that concerning the filing of your own Petition with the Issuance of brand new owner’s duplicates off TCT No. T-14466 and you will 14467, however, denies which have caused the delivery from yet another power off attorney to own along with part of your people. The guy mentioned that it had been Marilou Soriano which passed in order to your a prepared petition having annexes thereon to have your so you can signal and thereafter for their hired the recommendations so you’re able to file for the judge. This plan is actually informed me from the Marilou Soriano and you may Viado possess decided as long as Marilou Soriano presented to your plaintiff Jacinto Soriano, then into the a controls chair, which she produced due to the fact his father. Likewise Viado agreed to aid in reconstituting new destroyed titles to possess a fee out-of P80,. Viado claims which he was just called on Unique Strength https://simplycashadvance.net/personal-loans-wv/ away from Attorneys that was already notarized and you can linked to the Petition, x x x.
Immediately after summons by the publication, defendants Jose during the Municipal Instance No. 6210-R and you may Hufana inside Municipal Situation Zero. 6211-Roentgen didn’t file its particular answers. Up on activity of the plaintiffs, Jose and you will Hufana had been .
The new said loan try secure by a bona fide property financial over the new TCT Zero
Within the Respond to in the Civil Instance Zero. 6211-R, duly submitted timely, BPI acknowledges paragraphs step one and 8 of your own Issue and rejects other question accusations from the Problem. Paragraph seven, pertains to brand new plaintiffs assertion that the Petition to your issuance of brand new customer’s backup duplicate from TCT Nos. T-14466 and you may T-14467 might have been offered and therefore your order are issued saying that the customer’s backup of your foregoing headings was indeed forgotten with no push and you may effect. 14466 that have BPI about quantity of Several Mil Pesos. Compliment of affirmative defenses. BPI slates that it provides dealt with Hufana in full a great believe, and as such, it is a good mortgagee within the good-faith eligible to the protection in rules. Then, it states that it’s not required going outside of the four comers regarding Hufana’s title, and that to the its face reveals zero defect. The loan records are notarized data files hence, according to the rules, need solid presumption out-of frequency and you may authenticity.
Through to actions away from plaintiffs duly supplied by courtroom, an amended Ailment is submitted by the plaintiffs impleading Maria Luzviminda Patimo while the accused from inside the Municipal Instance No. 6210-R.
Within the Means to fix the new Amended Grievance, offender Patimo rejects the information presented accusations regarding Revised Complaint. As Special and you will Affirmative Defenses, Patimo so-called that around , she is approached by the offender Jose which required financing and you may offered since collateral TCT No. 85840. Prior to going into the said loan application away from Jose, Patimo went along to guarantee and check the aforementioned-stated identity towards Register from Deeds out-of Baguio Area. 85840.
Met there no burden and other liens with the term supplied by Jose, Patimo provided the borrowed funds removed because of the Jose regarding amount of just one Billion Peso
In Civil Circumstances No. 6210-Roentgen, the scenario is hereby ignored concerning defendant Patimo for lack away from quality. As of defendants Jose and you will Viado, he or she is hereby bought in order to solidarity spend the money for plaintiffs extent of 1 billion pesos since by technique for real injuries; three hundred thousand pesos as a consequence of ethical injuries; 2 hundred thousand pesos because and also by way of exemplary problems; and twenty five [sic] thousand pesos as attorney’s costs and to afford the cost of the latest suit.
