Defendant Viado filed his Address in the a lot more than-entitled instances. In both cases the guy admits that relating to the filing of one’s Petition towards Issuance of brand new owner’s copies of TCT No. T-14466 and 14467, however, rejects that have caused the execution regarding an alternative stamina off attorney for plus part of the customers. The guy mentioned that it was Marilou Soriano exactly who given so you can him a prepared petition with annexes thereon to have him so you’re able to sign and you can afterwards to own their unique retained guidance so you can document for the courtroom. This plan is actually informed me from the Marilou Soriano and you may Viado possess consented on condition that Marilou Soriano made available to your plaintiff Jacinto Soriano, up coming on the a wheel sofa, exactly who she introduced because their father. At the same time Viado agreed to assist in reconstituting this new missing headings to own a charge out-of P80,. Viado states which he was only called regarding Special Fuel regarding Attorney which was currently notarized and attached to the Petition, x x x.
Just after summons because of the book, defendants Jose in Municipal Case No. 6210-Roentgen and you may Hufana for the Civil Situation No. 6211-Roentgen failed to document their respective answers. Abreast of motion because of the plaintiffs, Jose and Hufana was in fact .
The brand new said mortgage try covered of the a genuine house mortgage more than brand new TCT Zero
In Address for the Municipal Case No. 6211-R, duly recorded timely, BPI admits paragraphs step one and you can 8 of Issue and you may denies the rest of the topic accusations regarding the Criticism. Part eight, relates to the plaintiffs assertion the Petition towards issuance of the latest user’s backup backup from TCT Nos. T-14466 and you will T-14467 has been supplied and that an order is actually provided saying the owner’s content of foregoing titles was indeed missing and no force and you will impact. 14466 which have BPI on the level of One or two Mil Pesos. Thanks to affirmative protections. BPI slates it has actually handled Hufana in full a good believe, and thus, its a mortgagee in the good faith entitled to the safety according to the law. Then, it says it is not needed to go not in the four comers of Hufana’s term, and therefore on its face suggests no problem. The loan files was notarized documents and this, under the legislation, deserve solid expectation of regularity and validity.
Through to actions away from plaintiffs properly offered from the court, an amended Complaint are filed of the plaintiffs impleading Maria Luzviminda Patimo once the defendant in the Municipal Circumstances No. 6210-R.
In Treatment for the fresh new Amended Problem, offender Patimo rejects the information presented accusations about Amended Ailment. Because Unique and you will Affirmative Defenses, Patimo alleged that as soon as , she was contacted from the offender Jose who asked for financing and you may given once the equity TCT No. 85840. In advance of entering the told you loan application away from Jose, Patimo visited guarantee and look these-said identity into the Sign in regarding Deeds away from Baguio Area. 85840.
Fulfilled that there zero encumbrance and other liens into the label given by Jose, Patimo granted the borrowed funds removed by Jose on the count of one Mil Peso
In Municipal Situation No. 6210-R, the situation is hereby disregarded as to offender Patimo having lack out-of merit. Since defendants Jose and you will Viado, they are hereby bought to solidarity pay the plaintiffs the quantity of a single billion pesos because by way of actual injuries; 3 hundred thousand pesos due to ethical problems; two hundred https://paydayloansconnecticut.com/lakes-east/ thousand pesos given that and also by way of exemplary damages; and you may twenty five [sic] thousand pesos since the attorney’s fees and to spend the money for price of this new match.
