Part 8 is the asseveration you to Hufana protected a loan of TCT Zero

Defendant Viado recorded their Answer in the a lot more than-named circumstances. In the two cases the guy acknowledges the fact relating to the processing of your own Petition to your Issuance of the latest owner’s copies regarding TCT Zero. T-14466 and you will 14467, however, denies having caused the execution out of an alternate power regarding lawyer to own along with part of one’s residents. The guy asserted that it absolutely was Marilou Soriano just who passed to him a prepared petition with annexes thereon to own him to help you signal and you may afterwards to own her chose counsel to help you file during the court. Which arrangement try informed me by the Marilou Soriano and Viado possess assented only when Marilou Soriano presented to him plaintiff Jacinto Soriano, after that towards a wheel couch, who she brought because the his dad. Additionally Viado accessible to assist in reconstituting new lost titles getting a fee out-of P80,. Viado claims he was only titled regarding Unique Strength regarding Lawyer which had been currently notarized and linked to the Petition, x x x.

Shortly after summons by the book, defendants Jose in Civil Instance Zero. 6210-Roentgen and you will Hufana during the Municipal Instance No. 6211-Roentgen don’t document the respective solutions. Upon actions by plaintiffs, Jose and Hufana was in fact .

The said mortgage are safeguarded from the a genuine property mortgage over the brand new TCT No

In Respond to inside Municipal Instance No. 6211-R, properly submitted timely, BPI admits sentences 1 and you can 8 of your own Problem and denies the remainder procedure allegations regarding Grievance. Section eight, relates to the fresh plaintiffs assertion that the Petition towards issuance of new owner’s content backup from TCT Nos. T-14466 and you can T-14467 could have been provided and therefore your order try issued declaring your customer’s content of foregoing headings was in fact shed no force and you will impression. 14466 having BPI about number of Several Mil Pesos. As a consequence of affirmative defenses. BPI slates it keeps dealt with Hufana completely good believe, and as such, it is good mortgagee inside good faith entitled to the security beneath the legislation. Next, they states it is not needed to go outside of the five comers out-of Hufana’s identity, and that into the face shows no problem. Tariffville loans The loan data files is actually notarized files and therefore, under the legislation, need strong assumption out of regularity and you will validity.

Up on actions off plaintiffs properly granted from the legal, a revised Grievance is registered of the plaintiffs impleading Maria Luzviminda Patimo as the defendant inside the Civil Situation No. 6210-R.

Within its Solution to the fresh new Amended Complaint, defendant Patimo denies the material allegations on the Revised Complaint. Due to the fact Unique and Affirmative Defenses, Patimo alleged you to as soon as , she are contacted of the defendant Jose exactly who requested financing and you may given once the guarantee TCT No. 85840. Just before going into the told you application for the loan regarding Jose, Patimo went along to be certain that and look the above mentioned-said label toward Check in out-of Deeds out-of Baguio City. 85840.

Fulfilled that there zero encumbrance or any other liens on the label given by Jose, Patimo supplied the borrowed funds removed of the Jose on matter of just one Million Peso

During the Municipal Instance No. 6210-R, happening is hereby ignored as to defendant Patimo getting use up all your out of merit. As of defendants Jose and Viado, he’s hereby purchased to solidarity spend the money for plaintiffs the quantity of one mil pesos since the by way of genuine damage; three hundred thousand pesos compliment of ethical problems; 200 thousand pesos because and by way of excellent injuries; and 25 [sic] thousand pesos because the attorney’s costs and also to spend the money for cost of the match.