Defendant Viado registered their Answer about more than-named circumstances. In the two cases he acknowledges the point that relating to the filing of one’s Petition into the Issuance of brand new owner’s copies away from TCT No. T-14466 and you can 14467, however, denies that have was the cause of delivery out-of another Click This Link type of energy regarding attorneys having and in account of the customers. He mentioned that it absolutely was Marilou Soriano just who given to him a ready petition which have annexes thereon having your to sign and you will afterwards for their particular employed the recommendations to document for the court. This arrangement are explained by Marilou Soriano and Viado has consented on condition that Marilou Soriano made available to your plaintiff Jacinto Soriano, upcoming toward a controls sofa, exactly who she brought because the their father. Simultaneously Viado agreed to help in reconstituting the missing headings to possess a fee from P80,. Viado says he was only titled from the Special Power off Attorneys that has been currently notarized and you may connected to the Petition, x x x.
Shortly after summons by publication, defendants Jose for the Civil Instance Zero. 6210-R and you can Hufana within the Civil Circumstances No. 6211-Roentgen did not document its particular responses. Up on activity by plaintiffs, Jose and you can Hufana have been .
The latest told you loan is secure by the a genuine estate financial more this new TCT No
In Address from inside the Civil Case Zero. 6211-Roentgen, duly filed on time, BPI admits sentences 1 and 8 of Grievance and you can denies the remainder matter accusations about Complaint. Part seven, pertains to the brand new plaintiffs denial that Petition on issuance of new user’s content copy of TCT Nos. T-14466 and you can T-14467 has been provided and that an order are approved claiming the user’s duplicate of one’s foregoing headings was missing and no force and impact. 14466 with BPI regarding the quantity of Two Mil Pesos. Owing to affirmative defenses. BPI slates this enjoys handled Hufana in full a good believe, and thus, its good mortgagee within the good-faith entitled to the safety beneath the laws. After that, they states that it’s not essential going beyond the five comers off Hufana’s identity, which into the their face shows zero problem. The borrowed funds documents was notarized files hence, underneath the law, are entitled to good assumption off frequency and you may validity.
Abreast of activity regarding plaintiffs properly offered by courtroom, an amended Complaint is submitted from the plaintiffs impleading Maria Luzviminda Patimo because offender for the Civil Instance No. 6210-Roentgen.
In its Solution to the brand new Revised Criticism, offender Patimo rejects the material allegations about Amended Complaint. Once the Special and Affirmative Protections, Patimo so-called one to as soon as , she is actually reached because of the accused Jose whom required that loan and you will considering because collateral TCT Zero. 85840. In advance of entering the said application for the loan regarding Jose, Patimo went to guarantee and check these-mentioned label on the Sign in off Deeds out-of Baguio Town. 85840.
Satisfied there zero encumbrance and other liens towards the name offered by Jose, Patimo granted the mortgage applied for of the Jose throughout the number of 1 Mil Peso
In the Municipal Situation Zero. 6210-R, the outcome is hereby dismissed regarding defendant Patimo to possess use up all your away from merit. As of defendants Jose and you may Viado, he or she is hereby purchased so you’re able to solidarity pay the plaintiffs extent of just one million pesos once the and by way of genuine damages; 300 thousand pesos by way of moral problems; 200 thousand pesos as and by technique for exemplary damages; and you can twenty-five [sic] thousand pesos since attorney’s charges and to pay the price of new match.