Defendant Viado recorded his Address regarding above-entitled circumstances. In the two cases he admits the reality that relating to the filing of your Petition for the Issuance of the latest customer’s copies away from TCT No. T-14466 and 14467, however, denies which have caused the execution from a special energy regarding attorneys for and in account of your citizens. He mentioned that it actually was Marilou Soriano exactly who given to your a prepared petition with annexes thereon getting your so you’re able to indication and you will after that getting their retained counsel to help you document when you look at the judge. So it arrangement are said from the Marilou Soriano and you may Viado provides conformed only if Marilou Soriano made available to your plaintiff Jacinto Soriano, next with the a wheel settee, just who she delivered once the their father. Simultaneously Viado provided to aid in reconstituting the brand new forgotten headings for a charge regarding P80,. Viado states he was only named in the Special Stamina off Attorney which was currently notarized and you may connected to the Petition, x x x.
Once summons of the book, defendants Jose inside Civil Situation Zero. 6210-R and you can Hufana in Municipal Instance No. 6211-Roentgen failed to document its respective answers. Up on actions by plaintiffs, Jose and you will Hufana had been .
The fresh told you financing was covered because of the a real home financial more brand new TCT Zero
With its Answer in the Municipal Situation Zero. 6211-R, properly registered punctually, BPI acknowledges sentences step 1 and you can 8 of Issue and you may denies all of those other point accusations from the Grievance. Part eight, relates to the brand new plaintiffs assertion your Petition on issuance of new owner’s content content off TCT Nos. T-14466 and you will T-14467 might have been supplied and this an order try awarded declaring your owner’s duplicate of your own foregoing titles was shed with no force and you may impression. 14466 that have BPI on amount of Two Million Pesos. Courtesy affirmative protections. BPI slates it has dealt with Hufana in full an excellent faith, and as such, its good mortgagee during the good faith permitted the security underneath the legislation. Further, it says that it is not necessary to visit not in the four comers of Hufana’s title, and therefore toward the face suggests no problem. The mortgage data files is actually notarized data and this, within the law, are entitled to good presumption off regularity and you will authenticity.
Through to actions regarding plaintiffs properly granted by the judge, a revised Ailment are filed because of the plaintiffs impleading Maria Luzviminda Patimo since the defendant from inside the Municipal Instance No. 6210-R.
Within the Means to fix the newest Amended Complaint, defendant Patimo rejects the material accusations on Revised Complaint. Because Special and you will Affirmative Protections, Patimo alleged you to as soon as , she is actually approached of the offender Jose just who required a loan and you can provided because equity TCT Zero. 85840. Prior to entering the told you application for the loan from Jose, Patimo visited guarantee and look the above mentioned-stated title to the Sign in of Deeds off Baguio Urban area. 85840.
Met there no burden or any other liens to the term supplied by Jose, Patimo provided the borrowed funds applied for from the Jose on the count of one Mil Peso
In Municipal Situation Zero installment loans Virginia. 6210-R, the fact is actually hereby dismissed as to defendant Patimo getting use up all your from quality. At the time of defendants Jose and you can Viado, he is hereby ordered to solidarity pay the plaintiffs extent of one million pesos because the and also by way of actual injuries; 300 thousand pesos as a consequence of ethical damages; 200 thousand pesos because the by technique for excellent problems; and you may 25 [sic] thousand pesos due to the fact attorney’s charges in order to afford the cost of this new suit.
