Defendant Viado registered their Answer on the a lot more than-called cases. In the two cases the guy acknowledges the reality that relating to the filing of the Petition toward Issuance of the latest user’s copies out of TCT Zero. T-14466 and 14467, however, denies that have was the cause of execution from another type of strength from lawyer to own plus account of your people. The guy said that it had been Marilou Soriano just who given in order to your a prepared petition having annexes on that to own your to help you signal and afterwards getting her chosen the recommendations in order to file from inside the courtroom. It arrangement is explained because of the Marilou Soriano and you can Viado has actually concurred as long as Marilou Soriano presented to him plaintiff Jacinto Soriano, following on a controls chair, whom she produced while the his dad. On top of that Viado wanted to help in reconstituting the brand new forgotten titles having a fee out-of P80,. Viado claims which he was only titled on the Special Strength of Attorney that was currently notarized and you can linked to the Petition, x x x.
After summons by the publication, defendants Jose for the Municipal Instance Zero. 6210-R and you may Hufana for the Municipal Situation Zero. 6211-Roentgen did not file the particular responses. Up on actions of the plaintiffs, Jose and you may Hufana was basically .
The new said loan is actually secured from the a bona-fide house financial more the latest TCT Zero
Within its Address from inside the Civil Circumstances Zero. 6211-Roentgen, duly registered punctually, BPI admits sentences step one and you may 8 of one’s Issue and you can rejects the rest of the thing accusations throughout the Problem. Paragraph eight, pertains to the latest plaintiffs denial that Petition for the issuance of brand new customer’s copy duplicate of TCT Nos. T-14466 and you can T-14467 has been granted which an order was awarded claiming that owner’s backup of foregoing headings were forgotten with no push and feeling. 14466 that have BPI throughout the level of One or two Billion Pesos. Because of affirmative protections. BPI slates which enjoys looked after Hufana completely good believe, and thus, its a good mortgagee when you look at the good faith permitted the protection beneath the legislation. After that, they claims that it is not required to visit outside of the five comers regarding Hufana’s identity, hence into its deal with reveals no problem. The mortgage files is notarized data files and this, in rules, need strong assumption out of frequency and you can legitimacy.
Upon actions out-of plaintiffs properly provided by the court, a revised Criticism try filed by plaintiffs impleading Maria Luzviminda Patimo as the offender in the Municipal Instance No. 6210-Roentgen.
Within its Cure for brand new Amended Criticism, accused Patimo rejects the material allegations throughout the Amended Hawai title loan Complaint. As the Unique and you may Affirmative Protections, Patimo alleged you to definitely since , she is actually approached because of the accused Jose whom required financing and offered once the equity TCT No. 85840. Ahead of going into the told you loan application from Jose, Patimo decided to go to guarantee and check these-said title on Register away from Deeds of Baguio City. 85840.
Met that there zero encumbrance or any other liens into title offered by Jose, Patimo provided the mortgage removed by Jose about number of just one Million Peso
During the Municipal Situation No. 6210-Roentgen, the situation try hereby ignored about offender Patimo getting run out of out of quality. By defendants Jose and you can Viado, he is hereby ordered in order to solidarity afford the plaintiffs the amount of just one mil pesos because the and also by way of real damage; 300 thousand pesos due to moral damage; 200 thousand pesos given that by technique for excellent damages; and you may twenty five [sic] thousand pesos as the attorney’s charges also to pay the price of the fit.