Accused Viado filed their Address throughout the over-named circumstances. In the two cases he admits the truth that concerning the processing of the Petition to your Issuance of the latest user’s copies from TCT Zero. T-14466 and you may 14467, however, rejects that have caused the performance out-of an alternative fuel away from lawyer having plus behalf of the owners. The guy asserted that it absolutely was Marilou Soriano exactly who passed in order to him a prepared petition that have annexes thereon getting him so you can signal and after that to have their unique employed guidance payday loans Point Lay to help you document inside the court. That it plan are said of the Marilou Soriano and you may Viado has concurred on condition that Marilou Soriano made available to your plaintiff Jacinto Soriano, then towards a wheel sofa, who she brought because their father. While doing so Viado wanted to help in reconstituting the fresh missing headings to own a charge out-of P80,. Viado states that he was just called regarding Unique Stamina out of Lawyer which had been currently notarized and you may attached to the Petition, x x x.

Immediately after summons from the guide, defendants Jose inside Municipal Circumstances Zero. 6210-R and Hufana in the Civil Instance Zero. 6211-R did not file its particular solutions. Through to motion because of the plaintiffs, Jose and you may Hufana was indeed .

The brand new said mortgage are protected from the a genuine property mortgage over the fresh TCT Zero

In Answer inside the Municipal Circumstances Zero. 6211-Roentgen, duly recorded timely, BPI acknowledges paragraphs step 1 and 8 of one’s Problem and you may rejects other matter accusations about Ailment. Paragraph 7, relates to the newest plaintiffs denial that Petition toward issuance of the latest owner’s copy content off TCT Nos. T-14466 and T-14467 might have been offered and therefore an order try awarded claiming that the user’s content of the foregoing headings were lost no push and you will feeling. 14466 having BPI on quantity of Two Billion Pesos. Due to affirmative protections. BPI slates so it enjoys taken care of Hufana entirely an excellent faith, and therefore, its an excellent mortgagee when you look at the good-faith entitled to the safety within the rules. After that, they says that it’s not essential commit outside of the five comers from Hufana’s term, and that into the face suggests no problem. The borrowed funds data files was notarized records and that, in rules, have earned solid assumption regarding frequency and authenticity.

Upon actions from plaintiffs properly granted by the judge, a revised Criticism try filed of the plaintiffs impleading Maria Luzviminda Patimo because the accused from inside the Municipal Case No. 6210-Roentgen.

With its Answer to new Revised Criticism, offender Patimo rejects the materials allegations from the Revised Ailment. Since the Special and you may Affirmative Protections, Patimo alleged one as early as , she is approached of the defendant Jose who asked for that loan and you can offered since the guarantee TCT Zero. 85840. Before entering the said loan application regarding Jose, Patimo went to make sure and look the above-mentioned identity towards Check in out-of Deeds from Baguio Area. 85840.

Came across that there no burden and other liens towards the term given by Jose, Patimo granted the loan removed because of the Jose on matter of a single Million Peso

In Municipal Instance Zero. 6210-Roentgen, the situation was hereby dismissed on accused Patimo getting run out of from merit. As of defendants Jose and you will Viado, he is hereby ordered to help you solidarity afford the plaintiffs the amount of just one mil pesos since the and by way of real problems; 300 thousand pesos compliment of ethical damage; 2 hundred thousand pesos as and also by way of exemplary damage; and 25 [sic] thousand pesos since attorney’s costs and to spend the money for price of the new match.