Section 8 is the asseveration one to Hufana covered a loan away from TCT Zero

Defendant Viado recorded their Answer on the above-entitled instances. In the two cases he acknowledges the truth that concerning the submitting of your Petition towards Issuance of new customer’s copies of TCT Zero. T-14466 and you will 14467, but rejects with caused the performance away from another type of electricity of lawyer to own as well as in behalf of residents. He said that it was Marilou Soriano which given so you can him a ready petition with annexes on that to possess him to sign and you can afterwards getting her employed the advice to help you document during the court. That it plan is actually informed me by the Marilou Soriano and you may Viado features concurred only if Marilou Soriano presented to him plaintiff Jacinto Soriano, up coming into the a controls chair, who she produced because the his dad. Concurrently Viado accessible to help in reconstituting the newest forgotten titles having a fee regarding P80,. Viado claims he was just entitled throughout the Special Energy out-of Attorney which was already notarized and you can linked to the Petition, x x x.

Immediately after summons by book, defendants Jose in Civil Circumstances Zero. 6210-R and you may Hufana during the Municipal Instance No. 6211-R failed to file their respective answers. Through to actions from the plaintiffs, Jose and you can Hufana was .

Brand new said mortgage was secure because of the a bona fide home financial more than new TCT No

In its Address during the Municipal Situation Zero. 6211-R, duly filed on time, BPI acknowledges paragraphs step one and 8 of your own Issue and you can rejects the remainder material accusations throughout the Criticism. Part 7, relates to brand new plaintiffs denial the continue reading Petition towards issuance of the latest owner’s backup copy out-of TCT Nos. T-14466 and T-14467 has been provided and that an order is actually issued claiming that customer’s duplicate of the foregoing headings was basically forgotten without force and you will perception. 14466 having BPI from the amount of A couple of Million Pesos. Through affirmative defenses. BPI slates this possess cared for Hufana completely a great faith, and therefore, it is a beneficial mortgagee when you look at the good-faith entitled to the protection beneath the laws. After that, they says that it is not required going not in the five comers of Hufana’s name, and that with the its deal with reveals no defect. The borrowed funds documents try notarized data and therefore, under the legislation, are entitled to solid presumption off frequency and you will legitimacy.

Through to motion out-of plaintiffs properly offered from the legal, an amended Grievance is actually registered by the plaintiffs impleading Maria Luzviminda Patimo due to the fact accused in the Civil Instance No. 6210-Roentgen.

Within its Cure for the brand new Amended Criticism, accused Patimo denies the materials accusations regarding the Amended Grievance. Once the Special and Affirmative Defenses, Patimo so-called you to definitely as early as , she are reached by the accused Jose which requested that loan and you may provided because guarantee TCT Zero. 85840. Prior to going into the said application for the loan out of Jose, Patimo visited make certain and check the aforementioned-said title to your Register off Deeds of Baguio Area. 85840.

Came across there zero encumbrance and other liens to your label offered by Jose, Patimo supplied the mortgage removed of the Jose throughout the number of 1 Million Peso

Within the Civil Case No. 6210-R, your situation was hereby ignored concerning offender Patimo to possess use up all your regarding quality. By defendants Jose and you can Viado, he could be hereby ordered in order to solidarity spend the money for plaintiffs extent of just one million pesos given that and also by way of genuine damage; 3 hundred thousand pesos using ethical damages; 2 hundred thousand pesos given that and by technique for exemplary damages; and you will twenty five [sic] thousand pesos as attorney’s costs also to spend the money for price of the brand new suit.