Offender Viado filed his Answer in the over-entitled cases. In the two cases the guy acknowledges the fact that concerning the submitting of your own Petition into Issuance of new user’s duplicates regarding TCT No. T-14466 and you may 14467, but rejects that have was the cause of execution out-of another type of stamina regarding attorneys having as well as in part of the owners. The guy mentioned that it actually was Marilou Soriano who handed so you can your a prepared petition which have annexes on that having your to sign and you can thereafter to possess their unique hired the advice so you’re able to file in the court. Which arrangement are told me of the Marilou Soriano and you will Viado provides concurred only when Marilou Soriano presented to your plaintiff Jacinto Soriano, next towards the a controls sofa, just who she delivered as their father. In addition Viado agreed to help in reconstituting the fresh new missing titles for a charge regarding P80,. Viado says which he was just named on Unique Stamina from Lawyer that has been currently notarized and connected to the Petition, x x x.
Immediately after summons americash loans Candlewood Orchards because of the guide, defendants Jose in the Civil Circumstances Zero. 6210-Roentgen and Hufana inside the Civil Case Zero. 6211-R didn’t file their respective answers. Through to actions by the plaintiffs, Jose and you will Hufana was indeed .
The newest told you financing try secure by a bona-fide home financial more than the new TCT Zero
Within its Respond to in Civil Circumstances No. 6211-R, duly filed punctually, BPI acknowledges paragraphs 1 and 8 of your Criticism and you may rejects the rest of the thing accusations throughout the Grievance. Part eight, applies to the newest plaintiffs denial the Petition into the issuance of new user’s copy copy of TCT Nos. T-14466 and T-14467 might have been supplied hence your order are granted saying that user’s backup of your own foregoing headings was basically forgotten with no push and you can impact. 14466 that have BPI on the number of One or two Billion Pesos. Through affirmative defenses. BPI slates it has cared for Hufana entirely an effective trust, and therefore, its a great mortgagee inside the good faith entitled to the safety within the laws. Next, it states that it is not essential commit outside the five comers from Hufana’s identity, and that into the its face suggests zero problem. The loan documents is actually notarized files hence, underneath the rules, are entitled to solid expectation away from frequency and you can legitimacy.
Through to action away from plaintiffs properly provided by the judge, an amended Complaint was recorded by plaintiffs impleading Maria Luzviminda Patimo as offender in Civil Circumstances Zero. 6210-Roentgen.
In its Solution to the new Amended Issue, accused Patimo rejects the material accusations in the Amended Complaint. Because the Unique and you will Affirmative Protections, Patimo so-called one as soon as , she was contacted from the offender Jose just who asked for a loan and you will offered given that equity TCT Zero. 85840. In advance of going into the told you loan application from Jose, Patimo went along to verify and look these-stated title towards the Sign in out-of Deeds out-of Baguio Urban area. 85840.
Came across that there no encumbrance and other liens towards name offered by Jose, Patimo supplied the loan removed of the Jose on matter of 1 Billion Peso
In Municipal Case Zero. 6210-Roentgen, the actual situation is hereby dismissed regarding accused Patimo to own use up all your off quality. Since defendants Jose and you may Viado, he could be hereby purchased in order to solidarity afford the plaintiffs the quantity of just one mil pesos because by technique for actual injuries; three hundred thousand pesos due to ethical damages; 2 hundred thousand pesos due to the fact and by way of excellent damage; and you can twenty-five [sic] thousand pesos while the attorney’s charges and to pay the price of the fresh new suit.
