Offender Viado recorded his Respond to on significantly more than-named circumstances. In both cases the guy admits the point that relating to the filing of Petition into the Issuance of the latest owner’s duplicates from TCT Zero. T-14466 and you will 14467, but rejects that have was the cause of execution from an alternate power out of attorneys to own along with account of one’s owners. The guy mentioned that it had been Marilou Soriano exactly who handed to your a ready petition having annexes on that to possess him in order to indication and afterwards having their chosen the advice in order to file in legal. Which plan is actually said because of the Marilou Soriano and you can Viado have assented as long as Marilou Soriano made available to your plaintiff Jacinto Soriano, after that towards a wheel settee, who she put while the his father. On the other hand Viado offered to help in reconstituting the fresh lost headings having a fee out-of P80,. Viado says which he was only titled from the Special Energy from Attorney which had been currently notarized and you may attached to the Petition, x x x.
Once summons by the publication, defendants Jose when you look at the Civil Instance No. 6210-R and you can Hufana during the Civil Circumstances No. 6211-Roentgen don’t document their respective responses. Upon actions because of the plaintiffs, Jose and you may Hufana had been .
The told you loan try covered by a genuine property mortgage over the fresh new TCT No
In its Answer when you look at the Civil Case Zero. 6211-R, properly filed promptly, BPI acknowledges sentences step 1 and you will 8 of your own Issue and you will denies other thing allegations from the Complaint. Paragraph 7, relates to the fresh new plaintiffs denial that the Petition on issuance of the latest user’s copy content regarding TCT Nos. T-14466 and you can T-14467 could have been offered hence an order is given saying that user’s duplicate of one’s foregoing titles was indeed missing without force and you will impression. 14466 with BPI throughout the amount of Several Mil Pesos. Due to affirmative protections. BPI slates this have handled Hufana completely good faith, and therefore, it is a mortgagee for the good faith permitted the security underneath the law. Subsequent, it claims it is not needed commit outside the four comers out-of Hufana’s name, hence for the its face reveals no defect. The mortgage data is actually notarized data files and this, in rules, need strong assumption of volume and you may authenticity.
Abreast of actions of plaintiffs duly supplied by the legal, an amended Ailment try registered because of the plaintiffs impleading Maria Luzviminda Patimo due to the fact offender inside Civil Instance Zero. 6210-R.
With its Means to fix brand new Amended Problem, offender Patimo denies the material allegations about Revised Grievance. Given that Special and you may Affirmative Defenses, Patimo so-called one since , she is actually approached because of the defendant Jose who required a loan and you can given given that guarantee TCT Zero. 85840. Just before going into the said application for the loan from Jose, Patimo went to guarantee and check the aforementioned-said title towards the Check in away from Deeds off Baguio Urban area. 85840.
Met there no encumbrance or any other liens toward term offered by Jose, Patimo supplied the mortgage applied for because of the Jose from the matter of just one Billion Peso
During the Civil Instance No. 6210-R, possible is actually hereby overlooked concerning defendant Patimo to have run out of away from merit. Since defendants Jose and you may Viado, he is hereby ordered so you can solidarity afford the plaintiffs the total amount of 1 mil pesos given that by way of real damage; three hundred thousand pesos owing to ethical injuries; 200 thousand pesos since the by technique for exemplary problems; and 25 [sic] thousand pesos since attorney’s charge and afford the price of the new http://paydayloansalaska.net/tatitlek/ match.