Accused Viado registered his Respond to throughout the over-entitled instances. In both cases the guy acknowledges the fact concerning the processing of one’s Petition into the Issuance of new customer’s copies off TCT No. T-14466 and you can 14467, but rejects which have was the cause of performance away from an alternate electricity out of lawyer having as well as in account of the citizens. He asserted that it actually was Marilou Soriano exactly who passed to help you your a ready petition with annexes on that to possess your so you’re able to sign and you can after that getting their particular hired guidance so you can file during the judge. It arrangement was said because of the Marilou Soriano and Viado features decided on condition that Marilou Soriano presented to your plaintiff Jacinto Soriano, following for the a controls settee, just who she introduced just like the their dad. Simultaneously Viado wanted to aid in reconstituting https://paydayloansconnecticut.com/long-hill/ the fresh shed headings having a fee away from P80,. Viado states that he was only titled in the Unique Electricity of Attorneys which was currently notarized and you can connected to the Petition, x x x.
Shortly after summons by book, defendants Jose in the Civil Case Zero. 6210-R and you may Hufana inside the Civil Case Zero. 6211-R did not document the respective answers. Abreast of actions from the plaintiffs, Jose and you can Hufana have been .
The new said loan is protected because of the a real estate mortgage more the brand new TCT No
In its Address in Municipal Case Zero. 6211-Roentgen, properly filed timely, BPI acknowledges paragraphs step 1 and 8 of Grievance and you may denies all of those other thing accusations throughout the Grievance. Section eight, relates to the fresh new plaintiffs denial that Petition on issuance of new owner’s duplicate content off TCT Nos. T-14466 and you can T-14467 might have been provided which your order are granted claiming that the user’s copy of foregoing headings was shed no push and you will perception. 14466 with BPI in the quantity of Two Mil Pesos. As a consequence of affirmative defenses. BPI slates so it features handled Hufana completely a good believe, and as such, its a beneficial mortgagee inside the good faith entitled to the safety within the rules. Then, they says that it’s not needed to go beyond the four comers from Hufana’s label, which towards their face suggests no defect. The mortgage data is notarized data files hence, under the law, have earned strong assumption of regularity and you can legitimacy.
Through to action out-of plaintiffs properly granted of the courtroom, a revised Problem try registered by the plaintiffs impleading Maria Luzviminda Patimo because offender inside the Municipal Situation Zero. 6210-Roentgen.
With its Way to the newest Revised Grievance, defendant Patimo denies the material allegations on the Amended Problem. Because the Special and you will Affirmative Protections, Patimo so-called one to around , she is actually contacted by the accused Jose exactly who required a loan and offered while the collateral TCT No. 85840. Before going into the said loan application off Jose, Patimo visited be certain that and check the above-said identity to your Check in from Deeds out of Baguio Town. 85840.
Met that there no burden or other liens towards the label supplied by Jose, Patimo supplied the borrowed funds taken out of the Jose on amount of one Million Peso
From inside the Municipal Situation Zero. 6210-R, your situation are hereby dismissed on defendant Patimo having run out of out-of quality. At the time of defendants Jose and you may Viado, he could be hereby bought in order to solidarity pay the plaintiffs extent of 1 mil pesos because and by technique for genuine damages; three hundred thousand pesos through moral damages; 2 hundred thousand pesos due to the fact by way of excellent damage; and 25 [sic] thousand pesos because attorney’s costs and also to spend the money for cost of the brand new match.
