Offender Viado submitted his Respond to throughout the above-called circumstances. In the two cases he admits the truth that concerning the processing of the Petition towards the Issuance of new user’s copies out-of TCT Zero. T-14466 and you may 14467, however, denies that have was the cause of delivery of a special energy out-of attorney getting plus part of your owners. He asserted that it had been Marilou Soriano which passed so you can him a prepared petition which have annexes thereon to own him so you can signal and you can afterwards to own their unique hired the recommendations to file inside legal. This arrangement are explained because of the Marilou Soriano and you will Viado provides assented only when Marilou Soriano presented to him plaintiff Jacinto Soriano, then on a wheel couch, whom she lead while the their father. While doing so Viado agreed to assist in reconstituting this new destroyed headings for a fee off P80,. Viado claims that he was just called on Unique Electricity away from Attorney that has been already notarized and you may attached to the Petition, x x x.
Immediately following summons by publication, defendants Jose into the Municipal Instance Zero. 6210-Roentgen and you may Hufana within the Municipal Situation No. 6211-Roentgen did not file their particular answers. On activity by plaintiffs, Jose and you can Hufana was .
The brand new told you mortgage are covered by a real house mortgage more the fresh TCT Zero
Within the Address inside Municipal Circumstances Zero. 6211-R, duly filed timely, BPI admits paragraphs 1 and you will 8 of the Criticism and denies the rest of the thing accusations on the Criticism. Part eight, applies to the plaintiffs assertion the Petition towards the issuance of new owner’s duplicate duplicate regarding TCT Nos. T-14466 and you may T-14467 might have been provided and therefore your order is actually granted claiming the customer’s copy of your own foregoing titles were lost without force and you may impression. 14466 which have BPI in the level of A couple of Mil Pesos. Through affirmative defenses. BPI slates so it enjoys taken care of Hufana entirely an effective believe, and therefore, its a beneficial mortgagee in the good-faith eligible to the safety according to the legislation. Further, it claims it is not essential to go not in the five comers from Hufana’s title, and therefore on the its deal with shows zero defect. The loan data files was notarized documents and that, in law, deserve solid assumption from frequency and you can legitimacy.
Abreast of action out of plaintiffs duly granted by court, an amended Grievance was filed of the plaintiffs impleading Maria Luzviminda Patimo as accused into the Civil Circumstances Zero. 6210-R.
Within the Solution to brand new Revised Grievance, defendant Patimo denies the information presented accusations from the Revised Problem. Because Unique and you may Affirmative Defenses, Patimo alleged you to as early as , she try approached because of the offender Jose which requested a loan and you can given because the security TCT Zero. 85840. Before going into the said application for the loan from Jose, Patimo visited be sure and check these-stated title towards Register out-of Deeds of Baguio Urban area. 85840.
Found that there no burden or any other liens into name offered by Jose, Patimo granted the loan taken out of the Jose on number of 1 Mil Peso
Within the Municipal Situation Zero. 6210-R, happening try hereby overlooked on offender Patimo to possess lack of quality. As of defendants Jose and you may Viado, he or she is hereby purchased to solidarity afford the plaintiffs the total amount of just one million pesos as by technique for real damages; three hundred thousand pesos as a consequence of moral damage; https://paydayloansconnecticut.com/quinebaug/ 2 hundred thousand pesos while the and by technique for exemplary problems; and you will twenty-five [sic] thousand pesos as attorney’s fees and to pay the cost of the newest suit.
