Paragraph 8 is the asseveration one to Hufana secure financing out of TCT No
Accused Viado filed his Answer on more than-entitled circumstances. In the two cases he admits the fact relating to the filing of the Petition for the Issuance of new customer’s duplicates away from TCT No. T-14466 and 14467, but denies which have was the cause of delivery of a special strength out of lawyer to own plus in part of one’s customers. He mentioned that it was Marilou Soriano who handed in order to your a prepared petition having annexes on that for your to help you sign and you will afterwards to own their hired the recommendations so you can document inside the court. It arrangement is actually told me of the Marilou Soriano and Viado provides decided only if Marilou Soriano presented to your plaintiff Jacinto Soriano, next towards a wheel chair, who she lead because their dad. On the other hand Viado accessible to help in reconstituting the fresh new destroyed headings getting a fee regarding P80,. Viado claims which he was just entitled about Unique Energy of Lawyer that has been already notarized and you can connected to the Petition, x x x.
Just after summons because of the publication, defendants Jose inside Civil Instance No. 6210-Roentgen and you may Hufana in Civil Case Zero. 6211-R didn’t document their respective solutions. Abreast of activity because of the plaintiffs, Jose and you will Hufana was indeed .
The fresh new said loan was secured because of the a bona-fide house financial more than the fresh new TCT Zero
In its Answer in the Civil Circumstances Zero. 6211-R, duly registered promptly, BPI admits sentences 1 and you may 8 of your Complaint and you can denies other matter allegations regarding the Grievance. Part seven, applies to the brand new plaintiffs denial your Petition towards issuance of the latest user’s content duplicate regarding TCT Nos. T-14466 and you will T-14467 might have been supplied and this your order is granted claiming that the owner’s backup of foregoing headings were destroyed no push and feeling. 14466 with BPI on level of Two Billion Pesos. Owing to affirmative defenses. BPI slates this have taken care of Hufana completely a great faith, and therefore, it is an effective mortgagee into the good-faith entitled to the protection according to the laws. Next, they states that it’s not essential to go outside of the five comers out of Hufana’s label, and that towards the face reveals no defect. The mortgage records is actually notarized data files and that, underneath the law, deserve good assumption away from volume and authenticity.
Up on activity off plaintiffs credit personal loans in NE properly supplied of the legal, an amended Criticism are submitted by the plaintiffs impleading Maria Luzviminda Patimo because accused within the Municipal Circumstances Zero. 6210-Roentgen.
Within the Treatment for brand new Revised Problem, accused Patimo denies the material allegations about Revised Issue. Since the Special and you can Affirmative Protections, Patimo so-called you to since , she is actually approached because of the offender Jose whom required financing and considering because the equity TCT Zero. 85840. Just before going into the told you application for the loan out-of Jose, Patimo went to be certain that and check the aforementioned-mentioned label towards Sign in out-of Deeds out-of Baguio Urban area. 85840.
Met that there no encumbrance or any other liens on the label supplied by Jose, Patimo offered the mortgage removed because of the Jose on the count of a single Million Peso
For the Civil Instance No. 6210-R, the fact is hereby dismissed regarding offender Patimo to have use up all your off quality. By defendants Jose and you will Viado, he could be hereby purchased in order to solidarity pay the plaintiffs the amount of a single million pesos since the and by way of actual damages; 300 thousand pesos owing to moral damage; two hundred thousand pesos because and also by technique for excellent problems; and twenty-five [sic] thousand pesos as the attorney’s fees and pay the cost of the new match.