Defendant Viado registered their Answer about more than-called instances. In the two cases he admits the fact regarding the filing of your Petition into the Issuance of the latest owner’s copies off TCT No. T-14466 and you will 14467, but rejects with caused the execution out-of an alternative energy out of attorneys to own plus in behalf of one’s citizens. The guy said that it was Marilou Soriano exactly who handed to your a prepared petition that have annexes thereon to possess your so you’re able to sign and you will afterwards to possess their unique employed guidance so you can file inside legal. It plan are explained from the Marilou Soriano and Viado has assented on condition that Marilou Soriano presented to your plaintiff Jacinto Soriano, then for the a controls couch, who she lead given that his father. Additionally Viado agreed to assist in reconstituting brand new destroyed titles for a fee out-of P80,. Viado states that he was just named on the Unique Power off Lawyer which was already notarized and you may attached to the Petition, x x x.
Immediately following summons of the publication, defendants Jose from inside the Municipal Situation Zero. 6210-R and you will Hufana during the Municipal Situation No. 6211-R failed to document their respective responses. Up on action because of the plaintiffs, Jose and you can Hufana had been .
The latest told you loan was safeguarded because of the a real home mortgage over the newest TCT No
In Address during the Municipal Instance Zero. 6211-R, properly registered promptly, BPI acknowledges paragraphs 1 and 8 of your own Issue and denies other situation accusations regarding the Ailment. Section 7, relates to new plaintiffs denial your Petition to the issuance of https://simplycashadvance.net/personal-loans-ak/ the latest customer’s content copy from TCT Nos. T-14466 and T-14467 has been granted hence an order is awarded declaring the user’s backup of one’s foregoing titles have been destroyed and no push and you may impact. 14466 with BPI about number of Several Million Pesos. Using affirmative protections. BPI slates that it possess cared for Hufana completely a beneficial faith, and therefore, it is a good mortgagee into the good-faith permitted the security beneath the legislation. Next, they states it is not essential to go not in the five comers out-of Hufana’s title, which on the their face suggests no problem. The loan data is notarized data files and therefore, within the law, deserve strong expectation away from volume and you can validity.
On action away from plaintiffs properly supplied by court, an amended Grievance try registered by plaintiffs impleading Maria Luzviminda Patimo just like the defendant inside Civil Instance Zero. 6210-Roentgen.
With its Treatment for brand new Amended Criticism, defendant Patimo rejects the material accusations throughout the Amended Ailment. While the Unique and you can Affirmative Defenses, Patimo so-called you to as soon as , she try contacted of the accused Jose just who required a loan and you can offered since equity TCT Zero. 85840. Ahead of going into the told you loan application of Jose, Patimo went along to verify and look the above mentioned-said term to your Check in off Deeds away from Baguio Town. 85840.
Met there zero encumbrance or other liens toward term supplied by Jose, Patimo offered the loan removed of the Jose regarding the number of just one Mil Peso
In the Civil Situation Zero. 6210-R, the fact try hereby overlooked as to defendant Patimo getting run out of out of merit. Since defendants Jose and you may Viado, he is hereby bought so you’re able to solidarity spend the money for plaintiffs extent of 1 billion pesos just like the and by way of real damages; 3 hundred thousand pesos by way of moral damages; 200 thousand pesos as and by technique for exemplary injuries; and you will twenty-five [sic] thousand pesos since the attorney’s costs and to pay the price of the brand new match.