Offender Viado submitted their Address in the over-named cases. In both cases he acknowledges the truth that regarding the submitting of the Petition to the Issuance of the latest customer’s duplicates out of TCT No. T-14466 and you will 14467, however, rejects with was the cause of performance away from another type of power from attorney to own and also in account of your own citizens. He mentioned that it actually was Marilou Soriano just who handed to him a ready petition with annexes on that to possess him to signal and you may thereafter to own their unique retained guidance to help you file from inside the legal. So it arrangement is told me because of the Marilou Soriano and you may Viado features assented on condition that Marilou Soriano made available to your plaintiff Jacinto Soriano, next into a controls chair, who she introduced once the their dad. Simultaneously Viado offered to help in reconstituting the missing titles to have a fee regarding P80,. Viado claims which he was just named on the Special Energy out of Attorney which had been already notarized and you can attached to the Petition, x x x.
Just after summons from the guide, defendants Jose in Municipal Circumstances Zero. 6210-Roentgen and you may Hufana for the Civil Circumstances Zero. 6211-R didn’t file their respective responses. On action of the plaintiffs, Jose and you can Hufana was in fact .
The brand new said mortgage was covered by the a bona fide home financial more new TCT Zero
With its Address inside Civil Circumstances No. 6211-R, duly registered on time, BPI admits sentences 1 and 8 of your own Ailment and you will denies all of those other situation allegations on the Problem. Paragraph 7, applies to the latest plaintiffs assertion the Petition into the issuance of brand new customer’s backup backup from TCT Nos. T-14466 and you may T-14467 could have been provided and therefore your order try issued claiming your user’s content of foregoing headings were shed with no force and you will impression. 14466 that have BPI about level of Two Mil Pesos. Compliment of affirmative defenses. BPI slates this keeps taken care of Hufana entirely a trust, and therefore, it is a great mortgagee within the good-faith permitted the safety underneath the legislation. Further, they claims that it’s not necessary to visit outside the five http://www.paydayloansconnecticut.com/coventry-lake comers out-of Hufana’s label, and therefore towards their face suggests zero problem. The mortgage records are notarized files and that, within the laws, are entitled to good presumption out of volume and you will authenticity.
Through to actions regarding plaintiffs properly granted from the court, a revised Ailment try submitted by the plaintiffs impleading Maria Luzviminda Patimo once the offender into the Municipal Case Zero. 6210-R.
Within the Cure for this new Revised Ailment, offender Patimo denies the material accusations on Revised Ailment. Given that Unique and Affirmative Defenses, Patimo alleged one as soon as , she is actually contacted from the defendant Jose which requested that loan and offered as the equity TCT Zero. 85840. Before entering the told you loan application off Jose, Patimo went to be sure and look the above-mentioned label on the Register away from Deeds away from Baguio Area. 85840.
Came across that there zero encumbrance or other liens toward identity offered by Jose, Patimo granted the borrowed funds applied for from the Jose from the amount of 1 Million Peso
In the Civil Situation No. 6210-R, the fact is actually hereby dismissed regarding accused Patimo to possess use up all your out-of merit. At the time of defendants Jose and you will Viado, he or she is hereby ordered to solidarity pay the plaintiffs the amount of a single billion pesos since by way of actual damages; three hundred thousand pesos courtesy moral damages; 200 thousand pesos since and by way of excellent damages; and you can twenty five [sic] thousand pesos just like the attorney’s charge in order to afford the cost of the newest fit.