Defendant Viado filed their Respond to regarding a lot more than-entitled instances. In both cases he acknowledges the fact that relating to the processing of Petition into Issuance of the latest owner’s duplicates away from TCT No. T-14466 and you will 14467, but denies that have was the cause of performance away from another type of fuel out-of attorneys for as well as in account of one’s people. The guy said that it actually was Marilou Soriano who passed to help you your a prepared petition with annexes on that getting your in order to sign and after that to have their own hired the recommendations so you can document inside the court. So it plan is actually explained by Marilou Soriano and Viado has agreed as long as Marilou Soriano presented to your plaintiff Jacinto Soriano, up coming toward a wheel settee, exactly who she brought as the his father. While doing so Viado agreed to assist in reconstituting new lost headings for a fee of P80,. Viado claims he was only named on Unique Strength from Lawyer which had been currently notarized and you can linked to the Petition, x x x.
Immediately after summons by publication, defendants Jose during the Municipal Situation Zero. 6210-R and you will Hufana in the Civil Instance Zero. 6211-R didn’t document its respective responses. On motion by plaintiffs, Jose and you may Hufana were .
New told you mortgage is secured from the a bona fide house financial more than brand new TCT No
Within the Respond to into the Municipal Situation No. 6211-Roentgen, duly submitted promptly, BPI acknowledges sentences step one and you may 8 of one’s Criticism and you will denies all of those other situation accusations from the Issue. Section seven, relates to the latest plaintiffs assertion your Petition into the issuance of the latest user’s copy copy away from TCT Nos. T-14466 and you may T-14467 might have been offered hence an order is given saying the user’s copy of the foregoing titles was missing with no installment loans online Hawai push and you can effect. 14466 that have BPI about quantity of A couple Billion Pesos. Compliment of affirmative defenses. BPI slates which have dealt with Hufana completely good faith, and therefore, its a mortgagee in the good faith permitted the security beneath the rules. Subsequent, it states that it is not essential going not in the five comers out-of Hufana’s identity, and that into the face reveals no problem. The loan documents try notarized records and that, beneath the rules, are entitled to solid presumption regarding regularity and you can legitimacy.
Upon action of plaintiffs properly provided by courtroom, an amended Complaint is actually recorded of the plaintiffs impleading Maria Luzviminda Patimo while the defendant in Municipal Circumstances Zero. 6210-Roentgen.
Within its Cure for the latest Revised Issue, accused Patimo rejects the information presented allegations in the Revised Issue. Because the Unique and you may Affirmative Protections, Patimo alleged you to definitely around , she is actually reached because of the defendant Jose just who requested that loan and you can given as the collateral TCT Zero. 85840. Ahead of entering the said application for the loan out of Jose, Patimo visited make sure and look the above mentioned-stated title to the Sign in out of Deeds of Baguio Urban area. 85840.
Met there no encumbrance or other liens for the term offered by Jose, Patimo provided the loan taken out by Jose about count of a single Mil Peso
Inside the Municipal Instance Zero. 6210-R, the situation try hereby dismissed concerning defendant Patimo to possess lack out-of merit. By defendants Jose and you will Viado, he or she is hereby ordered so you’re able to solidarity pay the plaintiffs the total amount of a single billion pesos since and also by way of real injuries; three hundred thousand pesos because of ethical damage; 200 thousand pesos as the and also by way of excellent injuries; and you may twenty five [sic] thousand pesos because the attorney’s costs also to pay the price of the fresh new fit.