Section 8 refers to the asseveration one Hufana secure that loan out of TCT Zero

Defendant Viado registered their Address in the more than-titled circumstances. In the two cases he admits the reality that relating to the processing of your Petition on Issuance of the latest customer’s duplicates regarding TCT No. T-14466 and you will 14467, but denies which have caused the delivery regarding a separate strength of attorneys to own plus in account of the residents. He said that it actually was Marilou Soriano who handed so you can your a prepared petition with annexes on that for him to sign and you will thereafter for her hired guidance so you’re able to document inside the court. It arrangement is informed me because of the Marilou Soriano and you can Viado features consented as long as Marilou Soriano made available to him plaintiff Jacinto Soriano, after that on a controls chair, whom she brought since their father. On top of that Viado provided to assist in reconstituting the fresh lost titles for a charge from P80,. Viado states he was just named throughout the Unique Power out of Attorneys that was already notarized and linked to the Petition, x x x.

Immediately following summons by guide, defendants Jose during the Civil Situation Zero. 6210-Roentgen and Hufana inside Municipal Instance Zero. 6211-Roentgen failed to document their respective solutions. Up on action of the plaintiffs, Jose and you will Hufana was .

The new told you financing are secure by the a bona fide estate financial more the latest TCT Zero

In Address into the Municipal Situation No. 6211-Roentgen, properly recorded promptly, BPI admits sentences step one and you will 8 of one’s Grievance and you may denies other point allegations regarding Problem. Paragraph eight, relates to new plaintiffs assertion that the Petition toward issuance of the latest owner’s duplicate content from TCT Nos. T-14466 and T-14467 might have been offered and this your order is actually awarded declaring your customer’s content of one’s foregoing titles was in fact forgotten no force and you will impact. 14466 with BPI about level of A couple of Mil Pesos. Through affirmative defenses. BPI slates this keeps handled Hufana completely good faith, and thus, its an excellent mortgagee inside the good faith eligible to the safety beneath the laws. Next, they says it is not required commit beyond the four comers from Hufana’s term, which with the its face shows no defect. The mortgage documents try notarized documents which, according to the law, have earned good presumption away from frequency and you can validity.

Through to action off plaintiffs properly granted because of the legal, an amended Criticism was filed by the plaintiffs impleading Maria Luzviminda Patimo because defendant when you look at the Civil Case Zero. 6210-R.

In its Treatment for the brand new Revised Problem, offender Patimo denies the material accusations on the Revised Criticism. As Unique and you will Affirmative Defenses, Patimo so-called one to as soon as , she was reached because of the offender Jose exactly who required financing and you can offered given that security TCT No. 85840. Before going into the said loan application of Jose, Patimo went along americash loans Hazardville to ensure and check the above-said name to your Register out of Deeds away from Baguio Town. 85840.

Met that there zero burden and other liens on name supplied by Jose, Patimo supplied the borrowed funds taken out because of the Jose about matter of one Billion Peso

Inside Civil Case Zero. 6210-Roentgen, your situation was hereby dismissed as to accused Patimo to have use up all your of merit. Since defendants Jose and Viado, he’s hereby ordered so you can solidarity pay the plaintiffs extent of just one million pesos due to the fact by technique for actual injuries; 300 thousand pesos courtesy moral problems; two hundred thousand pesos given that and also by way of excellent damage; and you will 25 [sic] thousand pesos because the attorney’s charge and also to pay the price of the fresh fit.