Offender Viado filed his Answer on the more than-called circumstances. In the two cases he acknowledges the fact that concerning the processing of one’s Petition into Issuance of the latest customer’s duplicates regarding TCT Zero. T-14466 and you will 14467, but denies having was the cause of delivery regarding a separate fuel from lawyer for along with part of your citizens. He asserted that it actually was Marilou Soriano just who handed so you’re able to your a ready petition with annexes thereon to have your to signal and you can after that to own their unique retained counsel to help you file into the court. So it plan try told me of the Marilou Soriano and Viado keeps conformed only if Marilou Soriano presented to him plaintiff Jacinto Soriano, then towards the a wheel settee, just who she lead because the his father. Likewise Viado offered to assist in reconstituting the latest forgotten headings having a fee away from P80,. Viado states which he was only entitled on Special Power away from Lawyer that has been currently notarized and you can connected to the Petition, x x x.
Once summons of the book, defendants Jose for the Municipal Case No. 6210-R and Hufana inside Municipal Case No. 6211-R did not file the particular answers. Upon activity by plaintiffs, Jose and you may Hufana was indeed .
The told you loan is actually protected by the a real property home loan more than the fresh new TCT Zero
Within the Respond to for the Municipal Situation No. 6211-Roentgen, properly filed promptly, BPI admits sentences 1 and you will 8 of your own Issue and you may rejects the remainder procedure allegations from the Issue. Paragraph eight, relates to the new plaintiffs assertion that Petition towards issuance of the latest customer’s content backup regarding TCT Nos. T-14466 and you will T-14467 could have been supplied which an order is issued saying the user’s backup of the foregoing titles have been shed without push and effect. 14466 which have BPI throughout the quantity of Two Mil Pesos. Courtesy affirmative protections. BPI slates this keeps cared for Hufana completely a faith, and therefore, its an excellent mortgagee inside good-faith entitled to the safety according to the legislation. Then, it says that it is not essential to visit outside the four comers off Hufana’s name, hence towards its deal with shows no defect. The borrowed funds data is notarized files and that, within the legislation, deserve solid assumption out of regularity and validity.
Abreast of activity out-of plaintiffs duly provided of the judge, a revised Issue try recorded by the plaintiffs impleading Maria Luzviminda Patimo as defendant within the Civil Situation Virginia personal loans No. 6210-R.
With its Solution to the newest Revised Ailment, defendant Patimo denies the information presented allegations from the Revised Ailment. Because Unique and you will Affirmative Defenses, Patimo so-called you to definitely since , she was approached from the offender Jose just who required a loan and you can considering once the equity TCT Zero. 85840. In advance of going into the told you loan application off Jose, Patimo went to be certain that and look these-stated term into the Sign in regarding Deeds from Baguio Area. 85840.
Fulfilled that there zero encumbrance and other liens on name supplied by Jose, Patimo provided the loan applied for by the Jose on the number of a single Mil Peso
Inside the Civil Case No. 6210-R, the outcome try hereby overlooked regarding defendant Patimo having run out of out-of merit. At the time of defendants Jose and you may Viado, he could be hereby purchased so you’re able to solidarity pay the plaintiffs extent of a single million pesos once the and also by way of genuine damage; three hundred thousand pesos owing to ethical problems; 200 thousand pesos because and by way of excellent injuries; and you will twenty-five [sic] thousand pesos given that attorney’s costs and afford the cost of the match.
