Section 8 refers to the asseveration one to Hufana secure a loan regarding TCT Zero

Offender Viado submitted their Answer on above-entitled circumstances. In the two cases he acknowledges the fact that relating to the filing of your Petition on Issuance of the https://simplycashadvance.net/personal-loans-nd/ latest owner’s copies out-of TCT No. T-14466 and you may 14467, however, denies which have was the cause of performance out of a different fuel out-of attorney getting plus in account of your owners. He asserted that it had been Marilou Soriano which handed in order to him a ready petition with annexes thereon to own him to help you sign and afterwards getting their own hired the advice so you can document within the court. Which plan was said by Marilou Soriano and you can Viado provides concurred only if Marilou Soriano presented to him plaintiff Jacinto Soriano, after that for the a wheel couch, exactly who she brought as their father. Additionally Viado provided to assist in reconstituting this new lost titles getting a charge from P80,. Viado claims he was only called on the Special Power out-of Attorneys that was already notarized and you may connected to the Petition, x x x.

Just after summons because of the book, defendants Jose when you look at the Municipal Situation No. 6210-R and Hufana for the Civil Situation No. 6211-R did not file their respective answers. Upon activity because of the plaintiffs, Jose and you may Hufana was indeed .

The fresh new said loan was covered because of the a genuine property financial more the newest TCT No

Within its Answer when you look at the Civil Case Zero. 6211-Roentgen, duly filed timely, BPI acknowledges paragraphs 1 and you may 8 of one’s Ailment and you will denies other topic accusations in the Criticism. Section 7, pertains to the fresh new plaintiffs assertion the Petition toward issuance of the latest customer’s content copy of TCT Nos. T-14466 and you can T-14467 could have been granted and therefore an order is actually provided declaring that user’s copy of foregoing headings had been lost without force and you can impression. 14466 with BPI regarding the number of Two Mil Pesos. Through affirmative protections. BPI slates it possess looked after Hufana in full a beneficial trust, and thus, its a good mortgagee when you look at the good faith eligible to the security according to the law. Then, they says that it’s not essential to go not in the five comers regarding Hufana’s label, and therefore into their face shows no defect. The loan files was notarized records and that, within the legislation, need solid assumption out-of frequency and you may legitimacy.

Upon action of plaintiffs properly granted of the courtroom, an amended Ailment was registered by plaintiffs impleading Maria Luzviminda Patimo as accused in Civil Case Zero. 6210-Roentgen.

Within the Solution to the brand new Revised Complaint, defendant Patimo rejects the information presented accusations in the Amended Criticism. Because the Special and you will Affirmative Defenses, Patimo so-called that as early as , she are approached of the offender Jose exactly who requested financing and you will considering because the collateral TCT Zero. 85840. In advance of entering the told you loan application out of Jose, Patimo decided to go to be sure and check the aforementioned-stated name toward Register out of Deeds from Baguio Town. 85840.

Satisfied that there no encumbrance or other liens towards the title offered by Jose, Patimo provided the loan taken out of the Jose throughout the amount of 1 Mil Peso

Inside the Civil Case No. 6210-R, the actual situation is actually hereby ignored as to defendant Patimo to own run out of out of merit. Since defendants Jose and Viado, they are hereby bought so you can solidarity pay the plaintiffs extent of one billion pesos as the by technique for real injuries; 300 thousand pesos owing to ethical problems; two hundred thousand pesos since the by way of excellent damages; and you will 25 [sic] thousand pesos as the attorney’s costs and to spend the money for cost of new fit.