Offender Viado recorded their Address in the over-titled times. In both cases the guy admits the fact relating to the processing of your Petition into Issuance of the latest user’s duplicates of TCT Zero. T-14466 and you can 14467, but denies having was the cause of cash loan payday Vermont execution away from a new power away from lawyer to own as well as in part of residents. He asserted that it was Marilou Soriano who passed so you’re able to your a ready petition having annexes on that getting him to help you indication and thereafter to own their particular chose guidance to file when you look at the legal. Which arrangement is explained of the Marilou Soriano and Viado keeps assented only if Marilou Soriano made available to him plaintiff Jacinto Soriano, upcoming towards a wheel sofa, who she delivered while the their dad. While doing so Viado agreed to aid in reconstituting the latest missing headings getting a fee out-of P80,. Viado says which he was only called in the Special Electricity regarding Attorney that was already notarized and you will connected to the Petition, x x x.
After summons of the guide, defendants Jose when you look at the Municipal Case Zero. 6210-Roentgen and you will Hufana within the Civil Circumstances Zero. 6211-Roentgen did not file the particular solutions. Upon actions by the plaintiffs, Jose and Hufana was in fact .
The fresh told you loan is secure because of the a bona-fide home financial more than the brand new TCT Zero
With its Respond to for the Municipal Circumstances No. 6211-Roentgen, properly filed punctually, BPI acknowledges sentences step 1 and you will 8 of one’s Grievance and you can rejects the rest of the matter allegations about Issue. Section eight, relates to the fresh plaintiffs denial the Petition into the issuance of brand new user’s duplicate duplicate off TCT Nos. T-14466 and you will T-14467 has been offered hence your order try given declaring that owner’s duplicate of foregoing titles was indeed shed no force and you can impression. 14466 having BPI throughout the quantity of A couple Mil Pesos. Thanks to affirmative defenses. BPI slates it provides cared for Hufana completely an excellent faith, and thus, it is a good mortgagee from inside the good faith entitled to the safety within the laws. Subsequent, it claims that it’s not necessary to visit outside the five comers off Hufana’s label, and that on the their deal with shows zero defect. The mortgage data files is notarized files hence, according to the law, deserve solid assumption regarding frequency and you may validity.
Through to motion out of plaintiffs properly supplied because of the court, a revised Criticism was recorded by the plaintiffs impleading Maria Luzviminda Patimo while the accused within the Civil Circumstances No. 6210-Roentgen.
Within its Way to the Amended Issue, defendant Patimo rejects the materials accusations on the Amended Criticism. Since the Special and you may Affirmative Protections, Patimo alleged one to as soon as , she are contacted by the offender Jose who asked for a loan and offered just like the equity TCT Zero. 85840. Just before entering the told you application for the loan from Jose, Patimo decided to go to ensure and check the above-stated identity into Register away from Deeds away from Baguio Area. 85840.
Found there zero encumbrance or any other liens with the identity supplied by Jose, Patimo supplied the mortgage applied for by the Jose regarding matter of just one Mil Peso
In Civil Situation No. 6210-R, the truth is actually hereby disregarded regarding accused Patimo to have run out of out-of merit. Since defendants Jose and you may Viado, they are hereby purchased so you’re able to solidarity afford the plaintiffs extent of 1 billion pesos just like the by way of real problems; three hundred thousand pesos as a result of ethical problems; 2 hundred thousand pesos once the and by way of excellent damages; and you will twenty-five [sic] thousand pesos while the attorney’s costs and to pay the cost of the fresh new match.