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Offender Viado submitted their Respond to in the a lot more than-titled circumstances. In the two cases the guy admits the reality that regarding the submitting of your Petition towards Issuance of the latest customer’s duplicates out of TCT Zero. T-14466 and 14467, but denies which have was the cause of execution of a different strength away from attorneys getting as well as in part of your own people. The guy said that it absolutely was Marilou Soriano whom passed so you can him a ready petition having annexes thereon getting your to indication and you will afterwards for their particular chose the recommendations so you’re able to file within the court. Which plan is explained from the Marilou Soriano and Viado keeps concurred only when Marilou Soriano made available to your plaintiff Jacinto Soriano, upcoming on the a controls settee, which she lead since their father. While doing so Viado provided to assist in reconstituting the shed headings having a fee regarding P80,. Viado says which he was only named regarding the Unique Strength out-of Attorneys which had been already notarized and you may connected to the Petition, x x x.
Just after summons from the guide, defendants Jose in Municipal Situation Zero. 6210-R and you may Hufana during the Municipal Situation Zero. 6211-R didn’t file its respective answers. Upon actions because of the plaintiffs, Jose and you can Hufana have been .
New said loan was secured of the a real property financial over the new TCT No
In its Respond to for the Civil Case Zero. 6211-R, duly recorded promptly, BPI acknowledges sentences step one and you may 8 of the Problem and you can denies all of those other thing allegations in the Grievance. Part 7, relates to the fresh plaintiffs assertion your Petition to the issuance of brand new owner’s content content from TCT Nos. T-14466 and T-14467 has been granted hence an order are issued declaring the user’s duplicate of the foregoing headings was forgotten with no force and perception. 14466 having BPI throughout the level of One or two Mil Pesos. Due to affirmative protections. BPI slates which have dealt with Hufana completely a good faith, and therefore, its a mortgagee in good faith permitted the security within the legislation. After that, they claims that it is not essential to go outside the four comers off Hufana’s identity, and therefore for the its face shows no defect. The mortgage files is notarized documents and therefore, in laws, need solid expectation regarding regularity and you will legitimacy.
Through to activity off plaintiffs duly granted of the judge, a revised Complaint is actually recorded because of the plaintiffs impleading Maria Luzviminda Patimo as the accused during the Civil Case No. 6210-Roentgen.
With its Cure for the new Amended Issue, offender Patimo denies the information presented allegations from the Amended Criticism. As the Special and you will Affirmative Protections, Patimo alleged one to as early as , she try approached from the accused Jose exactly who wanted financing and you will offered due to the fact security TCT Zero. 85840. Ahead of going into the told you loan application from Jose, Patimo went along to guarantee and look the above mentioned-said name with the Check in regarding Deeds regarding Baguio Urban area. 85840.
Found there no burden and other liens on label supplied by Jose, Patimo provided the mortgage taken out by Jose in the number of one Million Peso
Into the Municipal Situation Zero. 6210-R, happening is hereby overlooked about offender Patimo getting use up all your from quality. At the time of defendants Jose and you can Viado, he is hereby bought to help you solidarity afford the plaintiffs the quantity of just one mil pesos once the and by way of genuine damage; 300 thousand pesos due to ethical injuries; 2 hundred thousand pesos given that and also by way of exemplary injuries; and twenty-five [sic] thousand pesos because attorney’s charge and afford the price of the brand new suit.