Accused Viado submitted his Answer on more than-entitled instances. In both cases the guy admits the fact that concerning the processing of the Petition on the Issuance of the latest owner’s copies out-of TCT No. T-14466 and you may 14467, but rejects with was the cause of performance of an alternative fuel from attorney to have as well as in account of your own citizens. He mentioned that it had been Marilou Soriano just who given so you’re able to your a prepared petition with annexes on that to possess your in order to sign and you will thereafter having their particular employed the recommendations in order to document in legal. That it plan is actually said by the Marilou Soriano and Viado have arranged on condition that Marilou Soriano made available to your plaintiff Jacinto Soriano, up coming towards the a wheel sofa, exactly who she brought once the their father. At exactly the same time Viado accessible to assist in reconstituting this new destroyed titles to possess a fee out of P80,. Viado says which he was only titled on Special Power of Attorney that was currently notarized and connected to the Petition, x x x.
Shortly after summons of the guide, defendants Jose from inside the Civil Instance Zero. 6210-R and you will Hufana into the Municipal Circumstances Zero. 6211-R didn’t document the respective responses. On activity from the plaintiffs, Jose and you can Hufana had been .
The fresh told you financing is actually safeguarded installment loans online in Florida by the a real estate mortgage more the fresh TCT Zero
With its Address into the Civil Case Zero. 6211-Roentgen, properly recorded promptly, BPI acknowledges paragraphs step 1 and 8 of your Complaint and you will rejects the remainder matter accusations regarding Problem. Part 7, pertains to the brand new plaintiffs denial that the Petition towards issuance of brand new customer’s backup duplicate off TCT Nos. T-14466 and T-14467 might have been provided and this your order are given declaring that the owner’s backup of your foregoing headings was indeed missing without push and you can feeling. 14466 that have BPI regarding the level of Several Mil Pesos. Owing to affirmative defenses. BPI slates which keeps handled Hufana entirely a good believe, and thus, its a great mortgagee for the good-faith permitted the security beneath the rules. Subsequent, it states it is not essential going outside the four comers of Hufana’s title, and therefore towards its face shows zero problem. The mortgage files was notarized data and that, within the legislation, need good assumption off volume and you can validity.
Up on motion off plaintiffs duly granted from the legal, an amended Issue try filed by plaintiffs impleading Maria Luzviminda Patimo due to the fact accused within the Municipal Case Zero. 6210-Roentgen.
Within the Answer to the new Revised Complaint, accused Patimo denies the information presented accusations on the Revised Issue. As Special and Affirmative Defenses, Patimo alleged one as early as , she try approached by offender Jose whom asked for a loan and you will considering because the guarantee TCT Zero. 85840. In advance of going into the said application for the loan from Jose, Patimo decided to go to make sure and check these-said label towards the Sign in out of Deeds regarding Baguio Town. 85840.
Fulfilled there zero encumbrance and other liens to the term given by Jose, Patimo provided the mortgage applied for by the Jose about amount of a single Mil Peso
Inside Civil Situation Zero. 6210-Roentgen, your situation was hereby disregarded on accused Patimo to have use up all your regarding quality. Since defendants Jose and you can Viado, he or she is hereby bought so you’re able to solidarity pay the plaintiffs the quantity of 1 mil pesos once the and also by technique for actual damage; three hundred thousand pesos by way of moral damages; two hundred thousand pesos due to the fact by way of exemplary injuries; and you may 25 [sic] thousand pesos given that attorney’s fees and spend the money for price of the fit.
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