Defendant Viado filed his Respond to from the more than-called cases. In the two cases he acknowledges the fact that regarding the processing of your own Petition towards Issuance of brand new customer’s duplicates of TCT Zero. T-14466 and you will 14467, but rejects which have was the cause of execution from an alternative energy of lawyer having and also in account of owners. The guy said that it absolutely was Marilou Soriano whom handed in order to him a prepared petition which have annexes thereon to possess him so you’re able to indication and thereafter to own their own hired the recommendations to help you file in the court. That it arrangement are said from the Marilou Soriano and you will Viado provides arranged on condition that Marilou Soriano made available to him plaintiff Jacinto Soriano, upcoming to your a wheel chair, which she delivered because the their dad. On top of that Viado offered to assist in reconstituting the newest destroyed headings for a charge of P80,. Viado states that he was only titled regarding the Special Stamina out of Lawyer that was already notarized and you may connected to the Petition, x x x.
Immediately after summons by the publication, defendants Jose in the Municipal Instance Zero. 6210-R and Hufana inside Civil Circumstances No. 6211-Roentgen don’t file the respective answers. Upon actions from the plaintiffs, Jose and you may Hufana was indeed .
This new said loan is secured of the a bona-fide home home loan more brand new TCT No
Within its Respond to in Municipal Situation No. 6211-R, properly recorded on time, BPI admits paragraphs 1 and you may 8 of the Complaint and you can denies the rest of the material allegations on Problem. Part 7, relates to this new plaintiffs denial that Petition with the issuance of new customer’s copy backup regarding TCT Nos. T-14466 and you will T-14467 might have been provided and this your order was approved claiming the customer’s content of your foregoing headings was destroyed no push and you may impression. 14466 having BPI about amount of One or two Billion Pesos. Compliment of affirmative protections. BPI slates it have handled Hufana completely an excellent trust, and as such, it is a great mortgagee for the good-faith entitled to the safety in laws. Then, they claims that it’s not required to visit not in the four comers out-of Hufana’s label, and that on the deal with suggests zero problem. The borrowed funds data are notarized data hence, within the rules https://simplycashadvance.net/payday-loans-or/, are entitled to solid presumption out of frequency and authenticity.
Abreast of activity out-of plaintiffs duly provided of the legal, an amended Complaint are submitted because of the plaintiffs impleading Maria Luzviminda Patimo because accused inside Civil Circumstances No. 6210-Roentgen.
With its Answer to the new Amended Problem, offender Patimo rejects the materials allegations regarding Amended Criticism. Just like the Unique and you can Affirmative Defenses, Patimo so-called that as soon as , she was reached by the accused Jose whom wanted that loan and you will given since the collateral TCT Zero. 85840. Just before entering the told you loan application off Jose, Patimo went to ensure and look the aforementioned-mentioned label into Register out-of Deeds out of Baguio Area. 85840.
Satisfied that there no burden or other liens with the term offered by Jose, Patimo granted the borrowed funds removed by the Jose regarding number of 1 Million Peso
In the Municipal Situation Zero. 6210-Roentgen, the scenario try hereby disregarded as to defendant Patimo having lack of merit. At the time of defendants Jose and you will Viado, they are hereby ordered so you can solidarity spend the money for plaintiffs extent of one billion pesos just like the and also by technique for real damages; 300 thousand pesos thanks to ethical damage; 200 thousand pesos since the and also by way of exemplary damage; and you can 25 [sic] thousand pesos just like the attorney’s charges and spend the money for price of the fresh match.
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