Offender Viado registered his Respond to in the over-called times. In both cases he acknowledges the fact that concerning the submitting of Petition for the Issuance of brand new customer’s duplicates away from TCT No. T-14466 and you can 14467, however, denies which have caused the execution regarding another type of fuel of attorney having plus part of people. The guy mentioned that it actually was Marilou Soriano just who handed to your a prepared petition having annexes thereon to have him to sign and you can thereafter getting their particular chosen the advice to file inside court. Which arrangement try told me because of the Marilou Soriano and you will Viado has consented only if Marilou Soriano made available to him plaintiff Jacinto Soriano, after that into a controls couch, exactly who she delivered just like the their dad. At exactly the same time Viado provided to help in reconstituting this new forgotten headings getting a charge from P80,. Viado states that he was just entitled on Unique Power out-of Attorneys that has been already notarized and you may attached to the Petition, x x x.
Immediately after summons by book, defendants Jose within the Civil Case No. 6210-Roentgen and Hufana during the Civil Case No. 6211-R don’t document the respective responses. Upon action from the plaintiffs, Jose and you may Hufana was .
The fresh told you financing is covered from the a genuine estate home loan over the fresh TCT No
In Answer into the Municipal Case Zero. 6211-Roentgen, properly submitted promptly, BPI admits sentences step 1 and you can 8 of one’s Problem and you can denies all of those other material accusations throughout the Issue. Paragraph 7, applies to new plaintiffs denial that the Petition to your issuance of the latest customer’s backup duplicate away from TCT Nos. T-14466 and you will T-14467 might have been supplied hence your order are granted claiming your owner’s content of your own foregoing titles were shed and no push and impact. 14466 with BPI regarding level of A few Billion Pesos. Courtesy affirmative defenses. BPI slates it have dealt with Hufana completely an excellent trust, and thus, it is an effective mortgagee from inside the good faith permitted the protection according to the laws. After that, they states Mississippi personal loans that it’s not essential commit outside of the five comers from Hufana’s label, and that to the the deal with suggests no defect. The loan records is actually notarized data files and that, according to the law, need solid assumption away from frequency and legitimacy.
Up on motion off plaintiffs properly supplied by court, an amended Grievance is actually submitted by plaintiffs impleading Maria Luzviminda Patimo because accused within the Municipal Circumstances Zero. 6210-Roentgen.
In its Answer to brand new Revised Complaint, defendant Patimo denies the materials accusations from the Revised Issue. As the Special and you will Affirmative Protections, Patimo so-called you to definitely as early as , she try approached because of the defendant Jose exactly who requested financing and you will provided once the guarantee TCT No. 85840. Before going into the told you application for the loan of Jose, Patimo went to make sure and look the above-stated term into the Sign in from Deeds away from Baguio City. 85840.
Fulfilled that there no burden or any other liens on term supplied by Jose, Patimo granted the loan applied for from the Jose on count of 1 Billion Peso
When you look at the Civil Situation No. 6210-Roentgen, the scenario was hereby dismissed as to offender Patimo getting lack out-of quality. By defendants Jose and Viado, he or she is hereby ordered to solidarity pay the plaintiffs the total amount of a single mil pesos since the by way of genuine damages; three hundred thousand pesos through ethical injuries; two hundred thousand pesos just like the by technique for excellent damage; and you may 25 [sic] thousand pesos because the attorney’s costs and spend the money for price of the newest match.
