Defendant Viado filed their Respond to throughout the more than-called instances. In both cases he admits the fact regarding the submitting of your own Petition into Issuance of new user’s duplicates out of TCT No. T-14466 and you can 14467, however, rejects with was the cause of execution out of a different power away from lawyer to possess and in part of the people. He asserted that it actually was Marilou Soriano which passed so you can your a prepared petition that have annexes thereon to own your in order to signal and thereafter having their employed guidance in order to file during the legal. So it arrangement was informed me of the Marilou Soriano and Viado keeps consented only when Marilou Soriano presented to your plaintiff Jacinto Soriano, upcoming on a wheel settee, who she introduced since his dad. Additionally Viado agreed to assist in reconstituting the latest missing headings to own a charge of P80,. Viado states which he was only titled on the Special Electricity from Attorneys that has been already notarized and you can connected to the Petition, x x x.
Just after summons from the guide, defendants Jose inside the Civil Instance No. 6210-R and you may Hufana inside the Municipal Circumstances No. 6211-R don’t file their particular answers. Through to actions of the plaintiffs, Jose and you will Hufana were .
The fresh new said loan is actually secured because of the a bona-fide estate home loan more the TCT Zero
Within its Answer into the Civil Circumstances No. 6211-Roentgen, properly registered promptly, BPI acknowledges paragraphs step one and you can 8 of the loan places Chester Center Issue and rejects the rest of the situation allegations on Issue. Section 7, applies to the latest plaintiffs denial the Petition into issuance of the latest owner’s duplicate copy off TCT Nos. T-14466 and you can T-14467 could have been offered hence your order is issued declaring that the customer’s copy of the foregoing titles was indeed lost and no push and you may impression. 14466 with BPI about level of Two Mil Pesos. Through affirmative defenses. BPI slates so it has taken care of Hufana completely a faith, and therefore, its an excellent mortgagee in good-faith entitled to the security within the legislation. Next, they claims that it’s not required commit outside the five comers off Hufana’s identity, and therefore on the their deal with reveals zero defect. The loan files try notarized data files and this, within the legislation, have earned strong presumption of regularity and you can legitimacy.
Abreast of motion from plaintiffs properly granted from the courtroom, an amended Grievance is recorded because of the plaintiffs impleading Maria Luzviminda Patimo once the offender inside Civil Situation Zero. 6210-Roentgen.
In Treatment for the brand new Amended Criticism, offender Patimo denies the materials allegations regarding Amended Grievance. Once the Special and you will Affirmative Protections, Patimo alleged you to as early as , she are approached by the offender Jose whom asked for a loan and you can offered since collateral TCT Zero. 85840. Ahead of going into the said application for the loan regarding Jose, Patimo went to be sure and look the above-said name to your Check in of Deeds from Baguio Urban area. 85840.
Found that there no burden or other liens with the title supplied by Jose, Patimo provided the borrowed funds applied for by Jose regarding matter of 1 Mil Peso
When you look at the Municipal Situation No. 6210-R, the scenario are hereby ignored regarding defendant Patimo to have lack from quality. By defendants Jose and you may Viado, he’s hereby ordered so you can solidarity afford the plaintiffs the amount of 1 mil pesos because the and also by technique for real damages; three hundred thousand pesos compliment of moral damage; 2 hundred thousand pesos because the and by way of excellent damages; and you will twenty five [sic] thousand pesos as attorney’s fees and also to spend the money for price of the newest suit.
