Defendant Viado recorded his Address in the over-named instances. In both cases the guy acknowledges the reality that concerning the processing of your own Petition toward Issuance of brand new owner’s copies of TCT Zero. T-14466 and you may 14467, but rejects which have caused the performance off a new stamina regarding attorney to own along with part of one’s customers. The guy asserted that it absolutely was Marilou Soriano just who given so you’re able to your a prepared petition which have annexes on that to have your in order to signal and you will after that getting their particular chose the advice so you can document inside the legal. That it plan try informed me by Marilou Soriano and you can Viado has actually arranged only when Marilou Soriano made available to him plaintiff Jacinto Soriano, following towards a controls couch, which she brought installment loans South Carolina low income since the his father. As well Viado offered to assist in reconstituting the newest missing titles to own a charge regarding P80,. Viado says which he was just titled on Special Energy away from Attorneys which had been already notarized and you may linked to the Petition, x x x.
After summons by guide, defendants Jose within the Municipal Case No. 6210-R and Hufana into the Municipal Situation Zero. 6211-Roentgen did not file their respective responses. Through to activity because of the plaintiffs, Jose and you can Hufana have been .
The new said mortgage is secure because of the a genuine home mortgage more than the new TCT Zero
Within the Answer for the Municipal Circumstances Zero. 6211-R, duly submitted punctually, BPI admits paragraphs 1 and you can 8 of one’s Issue and you may denies all of those other point accusations regarding the Complaint. Paragraph 7, applies to the plaintiffs assertion the Petition with the issuance of the latest user’s content backup out-of TCT Nos. T-14466 and you can T-14467 might have been granted and therefore your order is issued claiming that customer’s copy of one’s foregoing headings had been destroyed and no force and you can impression. 14466 that have BPI throughout the amount of A few Million Pesos. Compliment of affirmative defenses. BPI slates so it keeps dealt with Hufana completely an effective faith, and as such, its a great mortgagee within the good-faith eligible to the safety in rules. Then, they states that it’s not needed commit not in the four comers away from Hufana’s label, hence toward their face reveals no problem. The mortgage files try notarized files which, within the laws, are entitled to solid expectation out-of regularity and you may validity.
Through to activity away from plaintiffs duly supplied by the judge, a revised Complaint was filed from the plaintiffs impleading Maria Luzviminda Patimo because offender in Municipal Case No. 6210-Roentgen.
Within its Means to fix the fresh Amended Criticism, accused Patimo denies the materials accusations about Revised Issue. Because the Unique and you may Affirmative Protections, Patimo so-called you to since , she is actually approached because of the accused Jose who required a loan and provided because the collateral TCT No. 85840. Just before going into the said application for the loan off Jose, Patimo visited ensure and look the above-mentioned identity for the Register out of Deeds from Baguio Urban area. 85840.
Came across there zero encumbrance or any other liens towards identity offered by Jose, Patimo provided the loan removed by Jose regarding the number of just one Million Peso
During the Municipal Instance No. 6210-Roentgen, happening was hereby dismissed as to accused Patimo to own lack off merit. By defendants Jose and Viado, he’s hereby ordered to solidarity pay the plaintiffs the quantity of a single billion pesos as the and also by way of actual problems; three hundred thousand pesos owing to moral injuries; two hundred thousand pesos since the by technique for excellent damages; and you will 25 [sic] thousand pesos once the attorney’s charge and to pay the price of the brand new suit.