Offender Viado registered his Respond to throughout the more than-titled cases. In the two cases he admits the fact regarding the processing of one’s Petition to your Issuance of new owner’s copies out of TCT No. T-14466 and 14467, however, denies that have caused the performance out-of another strength out of attorney to own along with account of the residents. He said that it had been Marilou Soriano just who passed to help you your a ready petition which have annexes thereon to possess him to help you indication and afterwards having their own chose counsel so you can file within the courtroom. It arrangement is actually told me by the Marilou Soriano and Viado has arranged on condition that Marilou Soriano presented to your plaintiff Jacinto Soriano, following toward a wheel settee, just who she delivered since their dad. Concurrently Viado provided to aid in reconstituting the latest lost headings having a charge of P80,. Viado claims that he was just titled about Special Energy out of Lawyer that was already notarized and you will connected to the Petition, x x x.
Once summons because of the book, defendants Jose in Civil Case Zero. 6210-R and you can Hufana in Civil Case No. 6211-Roentgen don’t document its particular answers. Upon actions of the plaintiffs, Jose and you can Hufana had been .
The brand new said loan try safeguarded by the a bona fide property home loan over new TCT No
In Respond to inside Municipal Instance No. 6211-Roentgen, duly submitted timely, BPI acknowledges paragraphs step 1 and you can 8 of one’s Criticism and you will rejects the rest of the material allegations on the Alabama short term personal loans Criticism. Paragraph seven, applies to the new plaintiffs denial that Petition for the issuance of the latest user’s copy duplicate away from TCT Nos. T-14466 and you may T-14467 might have been provided and therefore your order is approved declaring the user’s backup of one’s foregoing headings was in fact missing without force and impression. 14466 that have BPI regarding the quantity of A couple Billion Pesos. By way of affirmative protections. BPI slates this keeps handled Hufana entirely good faith, and thus, it is good mortgagee inside the good-faith permitted the safety in legislation. Then, it says that it’s not necessary commit outside the five comers from Hufana’s term, and that to the their deal with reveals no problem. The mortgage data files is notarized records which, according to the legislation, deserve good presumption out of frequency and you can authenticity.
On activity off plaintiffs duly supplied of the court, a revised Ailment try registered by the plaintiffs impleading Maria Luzviminda Patimo once the defendant during the Civil Case Zero. 6210-Roentgen.
With its Solution to new Amended Criticism, accused Patimo rejects the information presented allegations regarding Amended Ailment. Just like the Special and you can Affirmative Defenses, Patimo alleged one around , she is contacted by offender Jose just who required a loan and you will considering just like the equity TCT No. 85840. Before entering the told you loan application away from Jose, Patimo went along to guarantee and check these-said name towards the Check in regarding Deeds away from Baguio Urban area. 85840.
Met there no burden and other liens for the title supplied by Jose, Patimo provided the loan taken out of the Jose from the amount of 1 Mil Peso
Inside Civil Case No. 6210-Roentgen, happening are hereby dismissed about offender Patimo getting lack away from quality. By defendants Jose and Viado, he’s hereby purchased to solidarity spend the money for plaintiffs extent of a single billion pesos because the and by way of genuine damages; 300 thousand pesos thanks to ethical damages; 2 hundred thousand pesos since the by way of excellent damages; and you can twenty five [sic] thousand pesos while the attorney’s fees in order to afford the cost of the new suit.