Section 8 is the asseveration that Hufana safeguarded financing regarding TCT Zero
Offender Viado recorded their Respond to on the a lot more than-entitled circumstances. In the two cases he admits that relating to the filing of one’s Petition for the Issuance of brand new owner’s duplicates out of TCT Zero. T-14466 and you may 14467, but rejects which have caused the performance regarding a unique fuel regarding lawyer having and in part of one’s citizens. He mentioned that it had been Marilou Soriano which given to help you your a prepared petition that have annexes on that having him in order to sign and after that having their unique chose the advice to file inside court. This arrangement is explained of the Marilou Soriano and you can Viado provides decided only if Marilou Soriano made available to him plaintiff Jacinto Soriano, after that with the a wheel chair, who she lead just like the his dad. Additionally Viado agreed to aid in reconstituting new shed headings to have a charge regarding P80,. Viado says that he was only called in the Unique Strength of Lawyer that has been already notarized and you will attached to the Petition, x x x.
Just after summons by guide, defendants Jose when you look at the Municipal Instance No. 6210-Roentgen and you will Hufana inside Municipal Case No. 6211-Roentgen did not file their particular answers. Upon activity of the plaintiffs, Jose and Hufana was indeed .
The fresh new told you financing is actually secured because of the a bona fide estate financial more than the new TCT No
Within its Address inside the Municipal Case Zero. 6211-Roentgen, properly registered promptly, BPI admits paragraphs step 1 and you can 8 of your Grievance and you can rejects the remainder issue accusations on the Criticism. Section 7, relates to the new plaintiffs denial that the Petition with the issuance of new customer’s backup duplicate of TCT Nos. T-14466 and you will T-14467 might have been offered hence your order is given declaring that the owner’s backup of your foregoing titles were forgotten and no push and you will impact. 14466 which have BPI on level of A couple of Million Pesos. As a result of affirmative defenses. BPI slates which have dealt with Hufana in full a good faith, and thus, it is https://simplycashadvance.net/installment-loans-ok/ good mortgagee during the good-faith entitled to the safety underneath the rules. After that, it says that it is not required going beyond the four comers away from Hufana’s label, and this on the deal with suggests zero defect. The borrowed funds data files try notarized data files and this, in law, need solid expectation of volume and you will legitimacy.
Upon activity off plaintiffs properly offered from the court, an amended Ailment was registered from the plaintiffs impleading Maria Luzviminda Patimo given that defendant into the Municipal Circumstances Zero. 6210-Roentgen.
Within its Cure for new Revised Grievance, accused Patimo denies the material allegations regarding the Revised Problem. While the Unique and you will Affirmative Protections, Patimo so-called you to definitely around , she was contacted of the accused Jose just who required a loan and given due to the fact collateral TCT No. 85840. In advance of going into the told you application for the loan from Jose, Patimo visited guarantee and look the aforementioned-stated label to the Sign in of Deeds away from Baguio Town. 85840.
Came across that there no encumbrance and other liens to the identity provided by Jose, Patimo granted the mortgage taken out by the Jose on number of just one Billion Peso
When you look at the Civil Circumstances Zero. 6210-R, the situation is hereby ignored on defendant Patimo to have use up all your out of quality. As of defendants Jose and Viado, he’s hereby bought so you can solidarity spend the money for plaintiffs the quantity of a single billion pesos just like the and by way of genuine problems; three hundred thousand pesos through moral damages; 2 hundred thousand pesos once the and by way of excellent injuries; and you can 25 [sic] thousand pesos while the attorney’s charge and afford the price of the brand new suit.