Offender Viado recorded their Address about over-titled cases. In the two cases the guy acknowledges the truth that concerning the processing of one’s Petition into the Issuance of new owner’s duplicates away from TCT No. T-14466 and 14467, however, denies having was the cause of execution from another type of energy of attorneys to own and in behalf of one’s owners. He asserted that it had been Marilou Soriano exactly who passed to him a ready petition with annexes on that getting your to help you sign and you can afterwards getting her chose guidance so you’re able to file during the court. This arrangement try explained by Marilou Soriano and you may Viado possess conformed only if Marilou Soriano made available to him plaintiff Jacinto Soriano, upcoming for the a wheel settee, which she brought just like the his dad. Concurrently Viado agreed to aid in reconstituting the forgotten titles having a charge out of P80,. Viado states which he was only titled from the Unique Electricity off Attorneys that was already notarized and you may connected to the Petition, x x x.
Immediately following summons by book, defendants Jose inside Municipal Instance No. 6210-R and Hufana when you look at the Civil Case Zero. 6211-Roentgen didn’t document the particular solutions. Abreast of motion by plaintiffs, Jose and you can Hufana was indeed .
This new said mortgage is actually covered because of the a real home financial over the fresh new TCT No
Within its Answer inside Civil Case Zero. 6211-Roentgen, properly filed timely, BPI admits paragraphs step 1 and 8 of your own Problem and you can rejects all of those other topic accusations from the Criticism. Part eight, relates to the fresh new plaintiffs assertion the Petition to the issuance of the latest customer’s copy copy out of TCT Nos. T-14466 and T-14467 might have been granted which your order is given saying that owner’s copy of your foregoing titles have been lost without push and feeling. 14466 with BPI from the level of A couple of Million Pesos. As a consequence of affirmative protections. BPI slates that it have taken care of Hufana entirely good trust, and as such installment loans instant funding, it is a beneficial mortgagee in the good faith permitted the safety under the legislation. Then, they says it is not required going beyond the five comers from Hufana’s title, and therefore towards the their deal with shows zero defect. The mortgage data files was notarized data files and therefore, underneath the laws, need solid expectation off frequency and you may authenticity.
On action out of plaintiffs properly provided because of the courtroom, a revised Issue is filed of the plaintiffs impleading Maria Luzviminda Patimo because offender within the Municipal Case No. 6210-R.
With its Solution to this new Amended Issue, offender Patimo denies the materials accusations on Revised Ailment. Because the Unique and you will Affirmative Protections, Patimo alleged one to around , she was contacted of the accused Jose exactly who wanted financing and you may considering once the equity TCT No. 85840. Ahead of entering the said application for the loan of Jose, Patimo decided to go to guarantee and check these-mentioned title into Sign in out of Deeds regarding Baguio City. 85840.
Fulfilled that there zero encumbrance or other liens to your label given by Jose, Patimo granted the mortgage applied for from the Jose in the count of a single Billion Peso
In the Civil Circumstances No. 6210-R, the actual situation was hereby overlooked as to accused Patimo to have run out of off merit. As of defendants Jose and Viado, they are hereby purchased to solidarity spend the money for plaintiffs the quantity of just one million pesos because and also by technique for genuine problems; three hundred thousand pesos as a consequence of moral problems; 2 hundred thousand pesos because by way of exemplary problems; and you may 25 [sic] thousand pesos because the attorney’s costs and to spend the money for cost of the newest suit.
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