Defendant Viado recorded his Address throughout the significantly more than-called cases. In both cases the guy acknowledges that regarding the filing of your own Petition into the Issuance of brand new customer’s copies out of TCT Zero. T-14466 and you may 14467, but denies which have was the cause of performance off another type of electricity of attorneys getting plus in behalf of your own people. He said that it was Marilou Soriano exactly who handed to help you your a prepared petition which have annexes thereon for your to indication and you may thereafter getting their particular hired the advice so you’re able to document during the courtroom. Which arrangement are explained by the Marilou Soriano and you can Viado has actually agreed on condition that Marilou Soriano made available to him plaintiff Jacinto Soriano, upcoming to the a wheel chair, who she brought once the his dad. Concurrently Viado accessible to help in reconstituting the latest shed titles to have a fee out-of P80,. Viado claims he was just entitled throughout the Special Stamina out-of Lawyer that has been already notarized and connected to the Petition, x x x.
Shortly after summons because of the publication, defendants Jose into the Civil Situation No. 6210-R and Hufana when you look at the Civil Circumstances No. 6211-Roentgen didn’t file their respective answers. Abreast of action by the plaintiffs, Jose and you will Hufana was basically .
The brand new told you financing is protected by a genuine home home loan more the new TCT Zero
Within the Answer in Civil Case Zero. 6211-Roentgen, properly submitted punctually, BPI acknowledges sentences step one and 8 of Ailment and you can denies all of those other situation accusations on Criticism. Part eight, pertains to brand new plaintiffs denial that Petition into issuance of the latest user’s backup duplicate regarding TCT Nos. T-14466 and you can T-14467 might have been supplied and that an order is actually approved claiming that owner’s duplicate of one’s foregoing headings was basically lost no push and you may effect. 14466 having BPI regarding number of Several Billion Pesos. Compliment of affirmative defenses. BPI slates so it has cared for Hufana in full an excellent believe, and as such, its an effective mortgagee in good faith entitled to the security underneath the law. Subsequent, they says that it’s not necessary commit not in the four comers out of Hufana’s identity, and therefore to your their face shows zero defect. The loan data was notarized data files and therefore, beneath the law, are entitled to solid assumption regarding regularity and you can legitimacy.
On action regarding plaintiffs duly supplied of the legal, a revised Complaint are registered by plaintiffs impleading Maria Luzviminda Patimo due to the fact offender for the Municipal Circumstances No. 6210-Roentgen.
In its Treatment for the Amended Problem, offender bad credit installment loans Arkansas Patimo denies the information presented allegations on the Revised Grievance. Because the Unique and you will Affirmative Protections, Patimo so-called one to around , she was reached from the defendant Jose who requested a loan and considering because collateral TCT No. 85840. Before going into the told you application for the loan regarding Jose, Patimo went along to verify and check the aforementioned-said title toward Check in of Deeds regarding Baguio Town. 85840.
Came across that there zero encumbrance or any other liens on label provided by Jose, Patimo supplied the mortgage removed by the Jose regarding the amount of a single Billion Peso
In the Municipal Instance No. 6210-Roentgen, the case are hereby overlooked as to accused Patimo to possess lack out-of quality. Since defendants Jose and you may Viado, he could be hereby purchased to solidarity pay the plaintiffs extent of just one billion pesos because and by technique for real injuries; three hundred thousand pesos courtesy ethical problems; two hundred thousand pesos since and also by way of exemplary problems; and twenty-five [sic] thousand pesos since attorney’s fees and also to pay the cost of this new suit.