Defendant Viado filed their Answer throughout the more than-titled cases. In both cases the guy admits the fact concerning the processing of one’s Petition into the Issuance of the latest owner’s copies away from TCT No. T-14466 and you can 14467, but rejects which have was the cause of performance away from another type of fuel of lawyer to own and also in behalf of one’s residents. He asserted that it actually was Marilou Soriano exactly who handed to help you your a ready petition which have annexes thereon having him so you’re able to indication and you will afterwards getting their unique employed the recommendations to document into the judge. Which arrangement is actually told me of the Marilou Soriano and Viado keeps conformed only if Marilou Soriano presented to your plaintiff Jacinto Soriano, after that on the a wheel couch, which she delivered because the their dad. In addition Viado accessible to assist in reconstituting the brand new forgotten titles to own a fee out-of P80,. Viado claims which he was only named from the Special Stamina from Lawyer that was currently notarized and you can connected to the Petition, x x x.
Immediately after summons by guide, defendants Jose inside Civil Situation Zero. 6210-Roentgen and Hufana within the Civil Instance No. 6211-Roentgen failed to file the particular answers. Upon actions because of the plaintiffs, Jose and you will Hufana have been .
The brand new said loan try safeguarded of the a real estate mortgage more than new TCT Zero
Within the Address inside Civil Case No. 6211-Roentgen, properly filed promptly, BPI admits sentences step 1 and you can 8 of the Problem and you will rejects the rest of the procedure allegations in the Ailment. Section 7, applies to the brand new plaintiffs denial the Petition to the issuance of the latest owner’s content backup regarding TCT Nos. T-14466 and you can T-14467 might have been offered hence your order is actually approved claiming your customer’s duplicate of one’s foregoing headings was forgotten without push and you will perception. 14466 with BPI in the number of One or two Billion Pesos. Courtesy affirmative protections. BPI slates this provides handled Hufana completely a believe, and therefore, its an excellent mortgagee from inside the good faith entitled to the safety within the legislation. Further, it claims that it is not necessary commit not in the five comers from Hufana’s term, which to the the deal with shows zero problem. The mortgage data is actually notarized data files and that, according to the law, have earned strong assumption out of regularity and you may authenticity.
Through to action away from plaintiffs duly provided of the courtroom, a revised Problem is actually recorded of the plaintiffs impleading Maria Luzviminda Patimo due to the fact accused into the Civil Situation Zero. 6210-Roentgen.
In Treatment for the brand new Amended Issue, offender Patimo denies the materials accusations in the Revised Criticism. Just like the Unique and Affirmative Defenses, Patimo alleged one to as soon as , she is actually reached from the accused Jose who requested that loan and you can given just like the equity TCT No. 85840. Before entering the told you loan application from Jose, Patimo went along to guarantee and look the above mentioned-mentioned term towards Check in off Deeds off Baguio City. 85840.
Fulfilled there zero burden and other liens to your loans Wallingford Center identity provided by Jose, Patimo granted the loan taken out by the Jose about matter of 1 Mil Peso
When you look at the Municipal Instance Zero. 6210-Roentgen, the fact try hereby dismissed as to offender Patimo getting use up all your of quality. By defendants Jose and you will Viado, he could be hereby bought in order to solidarity pay the plaintiffs the amount of a single billion pesos as the by technique for real injuries; 300 thousand pesos through ethical injuries; 200 thousand pesos due to the fact by way of exemplary damages; and you may twenty-five [sic] thousand pesos since the attorney’s charge and spend the money for cost of the brand new match.