Accused Viado recorded his Answer from the over-entitled instances. In the two cases the guy acknowledges the fact that concerning the submitting of Petition for the Issuance of the latest user’s copies of TCT No. T-14466 and 14467, however, denies that have was the cause of delivery out-of a different energy off lawyer to possess plus account of owners. He mentioned that it absolutely was Marilou Soriano exactly who passed in order to your a ready petition with annexes thereon having him in order to sign and you will thereafter having her hired guidance to help you document inside the courtroom. Which arrangement are told me by the Marilou Soriano and you may Viado provides agreed only if Marilou Soriano presented to him plaintiff Jacinto Soriano, then toward a controls settee, whom she delivered because their dad. Simultaneously Viado accessible to assist in reconstituting new forgotten headings to own a fee from P80,. Viado claims that he was only entitled in the Special Electricity out-of Attorneys which was currently notarized and you may linked to the Petition, x x x.
Immediately following summons because of the guide, defendants Jose in the Civil Case No. 6210-Roentgen and you may Hufana in the Civil Circumstances No. 6211-Roentgen failed to document the particular answers. On motion by the plaintiffs, Jose and you can Hufana were .
This new said mortgage is actually safeguarded by a genuine house financial more than brand new TCT No
With its Answer within the Municipal Instance No. 6211-R, duly recorded punctually, BPI acknowledges paragraphs step one and 8 of Ailment and rejects the rest of the procedure allegations regarding Problem. Part 7, relates to the fresh new plaintiffs assertion that Petition into issuance of new customer’s content backup out of TCT Nos. T-14466 and you may T-14467 might have been provided and that an order are approved declaring that the owner’s copy of the foregoing headings was in fact lost without push and you will impression. 14466 having BPI from the quantity of A few Million Pesos. Using affirmative defenses. BPI slates so it possess taken care of Hufana entirely a beneficial faith, and thus, it is a great mortgagee into the good faith permitted the protection underneath the rules. Subsequent, it says that it’s not essential to go outside of the four comers regarding https://www.paydayloansconnecticut.com/lake-chaffee/ Hufana’s identity, and therefore toward the deal with reveals no defect. The borrowed funds data is notarized files and that, within the rules, are entitled to good presumption off regularity and you will validity.
On motion from plaintiffs duly provided because of the judge, an amended Grievance try filed because of the plaintiffs impleading Maria Luzviminda Patimo given that defendant from inside the Civil Instance No. 6210-R.
With its Treatment for the fresh Amended Criticism, accused Patimo denies the materials accusations on Revised Problem. While the Special and Affirmative Protections, Patimo so-called one as soon as , she try approached by accused Jose just who required that loan and considering since the guarantee TCT Zero. 85840. Before entering the said application for the loan from Jose, Patimo went to be certain that and look the above-mentioned identity on Check in away from Deeds out-of Baguio Urban area. 85840.
Found there no burden or other liens toward identity supplied by Jose, Patimo provided the loan applied for from the Jose on count of a single Million Peso
Within the Civil Instance No. 6210-R, the actual situation are hereby dismissed concerning accused Patimo for lack from quality. At the time of defendants Jose and you can Viado, he or she is hereby ordered so you’re able to solidarity spend the money for plaintiffs extent of a single billion pesos because by way of real damages; three hundred thousand pesos due to ethical injuries; 2 hundred thousand pesos due to the fact and also by way of excellent injuries; and you may twenty five [sic] thousand pesos while the attorney’s costs and also to afford the cost of the new suit.