Accused Viado filed their Address on the above-titled circumstances. In the two cases he admits the fact that concerning the submitting of your own Petition towards Issuance of brand new user’s copies regarding TCT No. T-14466 and 14467, but denies having caused the performance out-of a different power regarding attorneys getting along with behalf of one’s customers. He mentioned that it absolutely was Marilou Soriano exactly who handed to help you him a ready petition having annexes thereon to possess him so you’re able to indication and thereafter having her hired the advice in order to file inside the court. It plan is actually explained because of the Marilou Soriano and you will Viado has decided only when Marilou Soriano made available to him plaintiff Jacinto Soriano, following with the a wheel couch, whom she lead just like the their father. Simultaneously Viado wanted to help in reconstituting the fresh new shed titles to have a fee out of P80,. Viado says that he was only entitled regarding the Unique Power from Attorneys which had been currently notarized and connected to the Petition, x x x.
Immediately following summons because of the publication, defendants Jose for the Municipal Circumstances Zero. 6210-Roentgen and you will Hufana when you look at the Civil Instance Zero. 6211-Roentgen failed to document their particular answers. Abreast of action by the plaintiffs, Jose and you may Hufana were .
This new told you mortgage was protected by the a bona-fide property financial more new TCT Zero
With its Respond to when you look at the Civil Instance No. 6211-Roentgen, duly recorded on time, BPI acknowledges sentences step one and you will 8 of one’s Ailment and you will denies the rest of the point accusations from the Grievance. Section seven, pertains to new plaintiffs denial your Petition to the issuance of the latest customer’s content content regarding TCT Nos. T-14466 and you can T-14467 has been granted and that your order is awarded claiming that owner’s duplicate of the foregoing titles was in fact destroyed without force and perception. 14466 that have BPI on number of A few Mil Pesos. Through affirmative protections. BPI slates so it provides dealt with Hufana entirely a trust, and therefore, it is a great mortgagee for the good faith entitled to the security in law. Next, it claims it is not necessary to go not in the five comers out of Hufana’s name, and that on the face shows no defect. The loan documents are notarized data which, according to the law, have earned strong expectation of frequency and you may validity.
Upon action out-of plaintiffs properly provided from the court, a revised Ailment was filed by plaintiffs impleading Maria Luzviminda Patimo because defendant inside Municipal Situation Zero. 6210-R.
Within the Means to fix this new Amended Grievance, offender Patimo rejects the information presented accusations from the Amended Complaint. Once the Unique and you will Affirmative Protections, Patimo alleged that since , she is actually reached of the offender Jose who required a loan and you may provided due to the fact equity TCT No. 85840. Just before going into the said loan application of Jose, Patimo went to ensure and look the aforementioned-mentioned identity towards Sign in out of Deeds out-of Baguio City. 85840.
Fulfilled that there no burden and other liens on term given by Jose, Patimo provided the borrowed funds removed because of the Jose throughout the number of a single Million Peso
In Civil Circumstances No. 6210-R, the fact was hereby ignored concerning offender Patimo getting use up all your out-of merit. At the time of defendants Jose and you can Viado, he or she is hereby ordered to solidarity pay the plaintiffs the quantity of 1 million pesos due to the fact by technique for genuine damages; 300 thousand pesos compliment of moral damage; two hundred online personal loans North Dakota thousand pesos due to the fact and also by way of exemplary injuries; and you can twenty-five [sic] thousand pesos since the attorney’s fees and to spend the money for cost of brand new fit.