Offender Viado submitted their Address on a lot more than-entitled times. In the two cases he admits the reality that regarding the processing of your Petition to the Issuance of the latest customer’s duplicates out of TCT No. T-14466 and 14467, but denies that have caused the performance out of another power off lawyer for plus in behalf of owners. The guy asserted that it had been Marilou Soriano just who given in order to him a prepared petition that have annexes thereon for your so you’re able to signal and you will thereafter to have their own chose counsel in order to document within the court. So it arrangement are said by Marilou Soriano and you may Viado has actually conformed only if Marilou Soriano presented to your plaintiff Jacinto Soriano, then into the a controls sofa, who she brought since their father. At the same time Viado agreed to assist in reconstituting new forgotten headings to have a charge from P80,. Viado says which he was just called from the Unique Stamina from Attorneys which had been currently notarized and you can attached to the Petition, x x x.
Once summons from the guide, defendants Jose when you look at the Municipal Situation No. 6210-Roentgen and you may Hufana inside Municipal Situation No. 6211-R don’t document their respective responses. On motion by the plaintiffs, Jose and you will Hufana was indeed .
The new told you mortgage are protected because of the a real property home loan more than new TCT Zero
In its Respond to inside Municipal Instance No. 6211-R, properly filed timely, BPI admits sentences 1 and you will 8 of one’s Problem and you can denies the remainder question allegations throughout the Grievance. Section eight, pertains to this new plaintiffs denial your Petition to your issuance of brand new owner’s duplicate copy regarding TCT Nos. T-14466 and you can T-14467 could have been granted and that an order are issued saying that the customer’s content of foregoing titles was indeed lost with no push and feeling. 14466 having payday loan cash advance Minnesota BPI in the level of One or two Billion Pesos. By way of affirmative defenses. BPI slates that it keeps dealt with Hufana completely good faith, and thus, its an excellent mortgagee inside good faith entitled to the safety according to the law. Next, they claims that it is not required commit outside the four comers out-of Hufana’s name, and therefore for the its deal with shows no defect. The loan documents try notarized files hence, underneath the legislation, have earned solid assumption of volume and you will legitimacy.
Up on activity regarding plaintiffs properly supplied by the judge, an amended Issue try filed of the plaintiffs impleading Maria Luzviminda Patimo just like the offender inside the Municipal Circumstances Zero. 6210-Roentgen.
Within its Treatment for the brand new Amended Grievance, accused Patimo rejects the material accusations regarding Revised Grievance. Just like the Unique and you may Affirmative Defenses, Patimo alleged you to definitely since , she was contacted of the offender Jose which wanted a loan and provided because collateral TCT No. 85840. Just before going into the said application for the loan regarding Jose, Patimo went to make sure and look the aforementioned-said identity toward Register from Deeds off Baguio City. 85840.
Satisfied that there no burden or other liens to the title given by Jose, Patimo granted the mortgage removed because of the Jose about number of one Mil Peso
In Civil Case No. 6210-R, the case was hereby disregarded on defendant Patimo to have use up all your off merit. Since defendants Jose and you will Viado, he’s hereby bought to help you solidarity afford the plaintiffs the amount of just one million pesos since and also by technique for actual damages; 300 thousand pesos through ethical damage; two hundred thousand pesos given that and by way of exemplary problems; and you can 25 [sic] thousand pesos while the attorney’s charge and spend the money for cost of the fresh fit.