Accused Viado submitted his Answer regarding the more than-called instances. In both cases he admits the fact that concerning the submitting of your own Petition towards the Issuance of the latest user’s copies of TCT No. T-14466 and 14467, but denies which have was the cause of execution off a special energy off attorney getting as well as in behalf of the customers. The guy mentioned that it actually was Marilou Soriano whom given so you’re able to your a ready petition that have annexes on that to own your so you’re able to sign and you will thereafter for their chosen counsel in order to document within the court. This arrangement is informed me of the Marilou Soriano and you can Viado provides consented only when Marilou Soriano presented to him plaintiff Jacinto Soriano, next on the a wheel sofa, exactly who she brought since the his dad. On the other hand Viado offered to aid in reconstituting brand new lost headings having a charge of P80,. Viado claims that he was only named about Unique Power regarding Attorneys that has been currently notarized and connected to the Petition, x x x.
Immediately after summons of the guide, defendants Jose inside the Municipal Case Zero. 6210-Roentgen and you may Hufana inside Civil Circumstances No. 6211-Roentgen failed to file their particular responses. Upon actions from the plaintiffs, Jose and you may Hufana had been .
The newest told you mortgage is secure because of the a bona-fide property mortgage more than new TCT Zero
Within the Address within the Municipal Instance Zero. 6211-R, properly filed timely, BPI admits sentences step one and you may 8 of one’s Criticism and you will denies the rest of the point allegations on Complaint. Section 7, relates to the fresh new plaintiffs denial that Petition on issuance of the latest customer’s copy content out-of TCT Nos. T-14466 and you may T-14467 has been granted and this your order is actually approved saying the customer’s content of the foregoing titles had been forgotten without force and you will perception. 14466 with BPI regarding quantity of A couple of Mil Pesos. Compliment of affirmative defenses. BPI slates that it have handled Hufana entirely a believe, and thus, it is a mortgagee into the good-faith entitled to the security within the legislation. Further, they claims it is not essential commit outside of the five comers out of Hufana’s name, and therefore to the its face reveals no defect. The mortgage documents is notarized data and this, according to the legislation, deserve strong expectation of regularity and you will legitimacy.
Up on activity from plaintiffs properly offered by courtroom, an amended Criticism was filed because of the plaintiffs impleading Maria Luzviminda Patimo while the offender in Municipal Instance Zero. 6210-R.
In Way to new loans Blue Hills Amended Ailment, accused Patimo denies the materials accusations regarding Amended Criticism. Just like the Unique and you can Affirmative Protections, Patimo alleged that since , she are contacted by accused Jose which requested a loan and you will offered because guarantee TCT Zero. 85840. Before going into the said application for the loan away from Jose, Patimo visited verify and check the above mentioned-said term toward Register of Deeds away from Baguio City. 85840.
Satisfied that there no burden and other liens towards the name offered by Jose, Patimo granted the borrowed funds taken out because of the Jose on the amount of 1 Mil Peso
When you look at the Municipal Circumstances Zero. 6210-Roentgen, the actual situation are hereby ignored on offender Patimo to have use up all your from quality. By defendants Jose and you will Viado, they are hereby bought in order to solidarity pay the plaintiffs the amount of just one million pesos since the and also by technique for real injuries; 300 thousand pesos compliment of moral problems; 2 hundred thousand pesos since the and also by technique for exemplary problems; and you will 25 [sic] thousand pesos since the attorney’s costs and also to afford the price of the fresh new fit.