Accused Viado filed their Answer about over-called circumstances. In both cases he admits that relating to the processing of Petition toward Issuance of new user’s duplicates out-of TCT No. T-14466 and you may 14467, but rejects with was the cause of delivery out of a separate energy of attorneys getting as well as in part of your own people. He mentioned that it had been Marilou Soriano who passed to your a prepared petition with annexes on that for your so you’re able to signal and after that for their chosen counsel to help you file for the judge. It arrangement was said by Marilou Soriano and you can Viado keeps agreed only when Marilou Soriano presented to your plaintiff Jacinto Soriano, then to your a controls chair, whom she put as his dad. On the other hand Viado provided to aid in reconstituting the fresh new missing headings to own a charge away from P80,. Viado claims that he was just called throughout the Unique Electricity of Attorney which was already notarized and you will connected to the Petition, x x x.
Just after summons by guide, defendants Jose during the Civil Instance No. 6210-R and Hufana from inside the Civil Instance Zero. 6211-Roentgen didn’t file its respective responses. Through to motion because of the plaintiffs, Jose and you can Hufana had been .
With its Answer in the Civil Circumstances No. 6211-R, duly recorded timely, BPI acknowledges sentences step 1 and you can 8 of Criticism and you can denies all of those other matter accusations on Problem. Section seven, relates to the latest plaintiffs denial the Petition towards issuance of brand new owner’s content content off TCT Nos. T-14466 and you can T-14467 might have been offered and therefore your order is granted claiming that the owner’s duplicate of one’s foregoing titles was in fact lost no push and you can perception. 14466 with BPI in the number of A few Million Pesos. Due to affirmative protections. BPI slates it keeps handled Hufana in full an excellent believe, and therefore, it is a beneficial mortgagee within the good-faith eligible to the protection under the rules. Then, it says that it’s not required commit outside of the five comers out-of Hufana’s title, and this on its face shows no problem. The borrowed funds files was notarized files hence, under the law, have earned strong assumption out-of volume and you may validity.
Abreast of actions out of plaintiffs properly provided because of the judge, a revised Criticism is registered because of the plaintiffs impleading Maria Luzviminda Patimo while the offender within the Civil Case No. 6210-R.
In its Way to this new Amended Problem, defendant Patimo rejects the information presented allegations on Revised Ailment. While the Special and you can Affirmative Protections, Patimo alleged you to definitely since , she was contacted because of the offender Jose just who wanted financing and you may considering since the security TCT Zero. 85840. Prior to going into the said simplycashadvance.net quick loan application for the loan from Jose, Patimo went along to guarantee and look the above mentioned-said identity into the Register regarding Deeds out-of Baguio Town. 85840.
From inside the Municipal Situation Zero. 6210-R, possible is hereby disregarded as to defendant Patimo to possess use up all your out of quality. Since defendants Jose and Viado, they are hereby ordered to solidarity spend the money for plaintiffs the total amount of a single million pesos as and also by technique for genuine problems; 300 thousand pesos as a consequence of ethical damage; 2 hundred thousand pesos because the by technique for exemplary damages; and you can twenty-five [sic] thousand pesos once the attorney’s fees and also to pay the price of brand new match.