Section 8 refers to the asseveration you to definitely Hufana shielded a loan out-of TCT Zero

Accused Viado submitted their Answer throughout the more than-titled times. In both cases he admits the fact that relating to the submitting of your Petition for the Issuance of brand new user’s duplicates out of TCT No. T-14466 and 14467, but denies which have caused the delivery of a unique stamina away from lawyer getting and also in part of the residents. He mentioned that it was Marilou Soriano whom passed to help you him a prepared petition that have annexes on that getting him so you’re able to signal and you will after that getting their own employed guidance to document in the court. Which plan try informed me of the Marilou Soriano and you can Viado features consented as long as Marilou Soriano made available to your plaintiff Jacinto Soriano, then with the a controls settee, just who she delivered given that his dad. Likewise Viado agreed to assist in reconstituting the newest lost titles getting a charge off P80,. Viado claims which he was only entitled throughout the Unique Fuel out-of Attorney which had been currently notarized and you can attached to the Petition, x x x.

Once summons of the guide, defendants Jose when you look at the Municipal Case Zero. 6210-Roentgen and you will Hufana inside Municipal Circumstances No. 6211-Roentgen didn’t file the respective answers. Up on actions of the plaintiffs, Jose and you can Hufana was basically .

The said loan are shielded because of the a bona-fide property mortgage more than new TCT Zero

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In Answer from inside the Municipal Instance Zero. 6211-R, properly registered timely, BPI acknowledges paragraphs 1 and you may 8 of one’s Issue and you may rejects other situation accusations in the Complaint. Paragraph eight, applies to the newest plaintiffs denial the Petition for the issuance of brand new customer’s backup duplicate off TCT Nos. T-14466 and T-14467 could have been provided and therefore an order try awarded claiming that the user’s duplicate of your own foregoing titles had been forgotten without force and impression. 14466 having BPI regarding the amount of A couple of Million Pesos. As a consequence of affirmative defenses. BPI slates so it provides looked after Hufana in full good trust, and therefore, its an excellent mortgagee inside good faith entitled to the safety under the legislation. Next, they says that it’s not essential to visit beyond the five comers from Hufana’s identity, hence with the their face reveals zero defect. The loan documents is notarized data and therefore, under the legislation, deserve solid expectation regarding volume and you may validity.

On action away from plaintiffs duly offered from the courtroom, an amended Ailment try filed by the plaintiffs impleading Maria Luzviminda Patimo because offender in Municipal Situation Zero. 6210-Roentgen.

With its Means to fix the new Amended Complaint, defendant Patimo denies the information presented accusations on the Revised Ailment. Because the Unique and Affirmative Defenses, Patimo so-called you to definitely around , she are approached of the accused Jose whom required a loan and you will offered as security TCT No. 85840. Prior to entering the told you application for the loan of Jose, Patimo visited make sure and check these-said title towards the Sign in regarding Deeds from Baguio Urban area. 85840.

Came across there no encumbrance and other liens into title supplied by Jose, Patimo offered the loan applied for from the Jose throughout the amount of one Mil Peso

Inside the Municipal Instance No. 6210-Roentgen, the actual situation try hereby ignored concerning accused Patimo to have use americash loans Bristol up all your of quality. As of defendants Jose and you will Viado, he’s hereby purchased so you’re able to solidarity afford the plaintiffs the quantity of one billion pesos because by way of actual damage; 300 thousand pesos owing to moral injuries; two hundred thousand pesos just like the by technique for exemplary damage; and you can twenty-five [sic] thousand pesos as the attorney’s fees and spend the money for price of the fresh fit.