Offender Viado submitted their Answer regarding above-entitled circumstances. In both cases he admits the point that concerning the filing of your Petition towards the Issuance of brand new owner’s duplicates regarding TCT Zero. T-14466 and 14467, however, denies which have caused the performance of a special electricity out-of attorneys to own and in part of your own owners. He said that it absolutely was Marilou Soriano just who given so you can your a ready petition that have annexes thereon for your so you can signal and you can thereafter to own their unique hired the advice so you can document into the courtroom. This arrangement is said because of the Marilou Soriano and Viado features agreed only when Marilou Soriano presented to your plaintiff Jacinto Soriano, then into the a wheel chair, which she lead since his dad. At the same time Viado wanted to assist in reconstituting the destroyed titles to have a charge out-of P80,. Viado states which he was only entitled in the Special Electricity from Attorney which had been already notarized and you will connected to the Petition, x x x.
Just after summons of the guide, defendants Jose from inside the Municipal Case No. 6210-R and you will Hufana for the Civil Situation No. 6211-R failed to file the particular solutions. Up on action by plaintiffs, Jose and you may Hufana was basically .
The told you financing try shielded by a real property financial more the newest TCT Zero
In its Address within the Municipal Case Zero. 6211-R, duly recorded timely, BPI acknowledges paragraphs 1 and you can 8 of one’s Ailment and you can rejects the rest of the point allegations in the Grievance. Section seven, pertains to the plaintiffs assertion your Petition to the issuance of brand new owner’s copy content out-of TCT Nos. T-14466 and T-14467 might have been offered and that your order try awarded saying your owner’s content of your own foregoing headings was forgotten and no push and effect. 14466 which have BPI about quantity of One or two Billion Pesos. As a consequence of affirmative defenses. BPI slates it features cared for Hufana in full an excellent trust, and thus, its a great mortgagee when you look at the good faith eligible to the security underneath the laws. Then, it claims that it’s not necessary to visit outside the five comers out-of Hufana’s term, and therefore into their face suggests zero defect. The borrowed funds files is notarized files and that, in law, are entitled to strong assumption from regularity and you can authenticity.
On action of plaintiffs properly granted of the court, an amended Ailment was recorded of the plaintiffs impleading Maria Luzviminda Patimo once the defendant during the Civil Case No. 6210-R.
Within its Way to the newest Amended Issue, defendant Patimo rejects the information presented accusations in the Amended Ailment. Once the Unique and Affirmative Protections, Patimo alleged you to as soon as , she is reached because of the accused Jose which requested a loan and you can considering since security TCT Zero. 85840. Before entering the told you application for the loan regarding Jose, Patimo went to verify and look the above-mentioned title towards Sign in out of Deeds regarding Baguio Urban area. 85840.
Met that there no burden or other liens into title given by Jose, Patimo provided the loan removed by the Jose regarding number of 1 Billion Peso
Inside Municipal Circumstances No. 6210-Roentgen, the truth was hereby ignored concerning accused loans in Kensington without credit checl Patimo for use up all your regarding quality. As of defendants Jose and you may Viado, he’s hereby ordered so you’re able to solidarity pay the plaintiffs the amount of 1 billion pesos due to the fact and by way of real problems; 3 hundred thousand pesos courtesy moral injuries; two hundred thousand pesos due to the fact and by technique for exemplary problems; and you can twenty-five [sic] thousand pesos while the attorney’s costs and also to spend the money for cost of the fresh new match.
