Defendant Viado filed his Respond to on the above-entitled circumstances. In the two cases he acknowledges the reality that regarding the filing of one’s Petition into the Issuance of the latest user’s duplicates out of TCT Zero. T-14466 and 14467, however, denies with was the cause of delivery regarding another type of power out-of attorney having plus part of your own people. The guy said that it actually was Marilou Soriano exactly who handed so you’re able to your a ready petition having annexes thereon getting your so you’re able to sign and you may thereafter having their retained guidance to document when you look at the legal. Which plan is actually explained by Marilou Soriano and Viado features arranged as long as Marilou Soriano made available to him plaintiff Jacinto Soriano, next on a wheel sofa, exactly who she delivered as their dad. At the same time Viado accessible to assist in reconstituting the brand new forgotten headings to have a charge from P80,. Viado claims that he was just titled about Special Stamina off Lawyer that has been already notarized and you will attached to the Petition, x x x.
Immediately after summons by the guide, defendants Jose for the Civil Situation Zero. 6210-Roentgen and you may Hufana into the Civil Situation Zero. 6211-Roentgen didn’t file its particular solutions. Upon action of the plaintiffs, Jose and Hufana was .
The new said loan try secure of the a bona-fide house mortgage more than this https://simplycashadvance.net/title-loans-in/ new TCT No
Within the Address from inside the Civil Situation No. 6211-R, duly registered punctually, BPI admits paragraphs step one and you will 8 of the Complaint and you can rejects all of those other thing allegations on Criticism. Section 7, applies to the latest plaintiffs assertion that Petition towards issuance of the latest owner’s copy content out-of TCT Nos. T-14466 and you will T-14467 has been provided which your order are provided declaring the owner’s content of foregoing titles was shed with no push and feeling. 14466 that have BPI regarding amount of A couple of Mil Pesos. As a consequence of affirmative defenses. BPI slates so it enjoys handled Hufana completely an effective believe, and thus, it is a good mortgagee inside good-faith eligible to the protection within the legislation. Next, it claims it is not essential commit outside the four comers out of Hufana’s title, and this on their face suggests no problem. The mortgage records is actually notarized files which, within the laws, need strong assumption away from regularity and you may authenticity.
Up on actions regarding plaintiffs duly offered of the court, a revised Complaint is registered by the plaintiffs impleading Maria Luzviminda Patimo as the accused within the Civil Case Zero. 6210-R.
In its Means to fix the Amended Problem, offender Patimo rejects the information presented accusations regarding the Revised Complaint. Since the Special and you will Affirmative Protections, Patimo so-called that around , she is contacted from the offender Jose which requested financing and you can offered as equity TCT Zero. 85840. In advance of entering the told you application for the loan away from Jose, Patimo visited be certain that and check the aforementioned-stated name on the Check in of Deeds out of Baguio Town. 85840.
Found there zero encumbrance or any other liens on the identity offered by Jose, Patimo supplied the loan taken out by the Jose on the matter of a single Million Peso
Within the Municipal Situation Zero. 6210-Roentgen, your situation was hereby dismissed concerning defendant Patimo for use up all your away from merit. By defendants Jose and you will Viado, he is hereby bought to solidarity spend the money for plaintiffs the total amount of just one billion pesos as by way of real damages; three hundred thousand pesos owing to moral damages; 2 hundred thousand pesos once the and by way of excellent damage; and you will twenty five [sic] thousand pesos given that attorney’s charge and spend the money for cost of the fresh match.