Defendant Viado filed their Respond to from the a lot more than-named instances. In both cases he admits the truth that relating to the submitting of your own Petition towards the Issuance of new customer’s duplicates away from TCT No. T-14466 and you can 14467, but rejects with caused the performance of another power from lawyer for plus account of your own residents. The guy asserted that it had been Marilou Soriano whom passed to him a ready petition that have annexes on that to possess your to indication and afterwards for their particular chosen the advice in order to document inside court. It plan was explained of the Marilou Soriano and Viado enjoys assented only if Marilou Soriano made available to him plaintiff Jacinto Soriano, then for the a wheel chair, which she put as their father. Likewise Viado offered to aid in reconstituting the fresh new forgotten titles to have a charge out-of P80,. Viado states he was just titled from the Unique Strength of Attorneys that has been already notarized and you may attached to the Petition, x x x.
Just after summons because of the publication, defendants Jose inside Municipal Case No. 6210-Roentgen and you can Hufana when you look at the Civil Situation No. 6211-R didn’t file the respective solutions. Abreast of actions from the plaintiffs, Jose and you may Hufana have been .
In its Address in the Civil Circumstances No. 6211-R, duly registered punctually, BPI admits sentences step one and 8 of Ailment and you will rejects other procedure accusations throughout the Complaint. Part eight, applies to the fresh new plaintiffs denial your Petition into issuance of brand new customer’s backup backup of TCT Nos. T-14466 and T-14467 could have been granted which your order is granted saying your owner’s duplicate of your own foregoing headings had been shed and no push and impact. 14466 with BPI in the quantity of A couple Million Pesos. Courtesy affirmative defenses. BPI slates it enjoys taken care of Hufana completely an excellent trust, and thus, it is a good mortgagee in the good faith eligible to the protection according to the rules. Next, it says that it’s not necessary to go beyond the five comers of Hufana’s name, and that to the the face reveals no problem. The borrowed funds records are notarized documents hence, according to the legislation, have earned strong expectation out of volume and authenticity.
Upon actions out of plaintiffs duly supplied of the judge, a revised Criticism is actually registered from the plaintiffs impleading Maria Luzviminda Patimo as accused in the Municipal Instance No. 6210-Roentgen.
With its Way to brand new Amended Complaint, accused Patimo rejects the information presented allegations from the Revised Grievance. While the Unique and you may Affirmative Protections, Patimo so-called that as early as , she try approached of the offender Jose just who asked for a loan and you will provided because the security TCT Zero. 85840. Just before entering the said application for the loan out-of Jose, Patimo decided to go to be certain that and look these-said title with the Sign in out of Deeds away from Baguio Town. 85840.
Into the Civil Case Zero. 6210-R, the actual situation are hereby overlooked on offender Patimo to possess run out of away from merit loans Poplar Plains. By defendants Jose and you will Viado, he is hereby bought to help you solidarity afford the plaintiffs the amount of just one mil pesos since the by technique for genuine damages; 300 thousand pesos thanks to ethical injuries; two hundred thousand pesos as the and also by way of excellent damage; and twenty-five [sic] thousand pesos while the attorney’s charges and to afford the price of the fresh new suit.