Accused Viado filed their Respond to on significantly more than-entitled cases. In the two cases he admits the truth that concerning the processing of Petition on the Issuance of new user’s duplicates out of TCT Zero. T-14466 and 14467, but denies which have caused the performance away from a new strength off attorneys to possess plus in behalf of one’s customers. He asserted that it absolutely was Marilou Soriano whom handed to him a prepared petition which have annexes thereon getting him so you’re able to sign and you can afterwards for their own employed the recommendations so you can file in the courtroom. It arrangement is actually said from the Marilou Soriano and Viado enjoys conformed as long as Marilou Soriano presented to your plaintiff Jacinto Soriano, up coming for the a controls settee, which she produced given that their father. On the other hand Viado offered to help in reconstituting the newest missing headings for a charge out-of P80,. Viado claims which he was only entitled in the Special Stamina out-of Lawyer that was currently notarized and you can connected to the Petition, x x x.
Shortly after summons from the publication, defendants Jose for the Municipal Instance No. 6210-Roentgen and Hufana inside the Civil Case Zero. 6211-R didn’t file its respective solutions. Abreast of actions by plaintiffs, Jose and you may Hufana was indeed .
With its Address for the Municipal Instance No. 6211-Roentgen, properly recorded promptly, BPI admits sentences step one and 8 of one’s Issue and denies the rest of the procedure accusations from the Criticism. Section eight, applies to the plaintiffs assertion that Petition toward issuance of the latest user’s content duplicate from TCT Nos. T-14466 and you will T-14467 has been granted hence your order was granted claiming that owner’s content of your foregoing titles was in fact destroyed with no push and you will effect. 14466 having BPI regarding level of Several Million Pesos. Thanks to affirmative protections. BPI slates it keeps taken care of Hufana in Botsford CT no credit check loans full a good trust, and as such, it is a good mortgagee from inside the good-faith permitted the safety under the laws. Subsequent, they says it is not necessary commit beyond the four comers away from Hufana’s label, hence on the their deal with reveals no problem. The mortgage files try notarized data hence, within the legislation, need strong presumption regarding volume and you will validity.
Upon activity from plaintiffs duly provided by court, a revised Problem is actually recorded by plaintiffs impleading Maria Luzviminda Patimo due to the fact accused from inside the Municipal Situation No. 6210-Roentgen.
In its Means to fix the fresh new Revised Criticism, defendant Patimo rejects the information presented accusations in the Revised Ailment. Because the Unique and you may Affirmative Protections, Patimo alleged you to since , she try contacted by offender Jose which asked for financing and you can considering since the collateral TCT Zero. 85840. Ahead of going into the told you loan application regarding Jose, Patimo visited verify and look these-said name to your Register out-of Deeds out of Baguio Area. 85840.
When you look at the Civil Circumstances Zero. 6210-R, the outcome was hereby disregarded about defendant Patimo getting use up all your away from merit. As of defendants Jose and you may Viado, he is hereby purchased to solidarity spend the money for plaintiffs the amount of one million pesos since and also by way of real damage; 300 thousand pesos through moral damage; 200 thousand pesos as by way of excellent problems; and you may twenty five [sic] thousand pesos because the attorney’s costs and to afford the cost of the newest suit.