Republic of the Philippines

Regional Trial Court

7th Judicial Region
Branch 60, Barili, Cebu

Heirs of Hyun Bin, et al.

Plaintiff CIVIL CASE NO: 64261
FOR: “Nullity of Documents,
Quieting of Title with Damages
-versus-

QUEEN’S CHOICE
CORPORATION, Spouses Perla and
Ariel Bean
Defendants

x-----------------x

ANSWER WITH COUNTERCLAIM AND CROSS-CLAIM

Defendant Queen’s Choice Corporation, through the undersigned

counsel, most respectfully file its Answer in response to the Complaint of the
Plaintiffs and interpose as well as its counterclaim against the latter, to wit:

1. Defendant Queen’s Choice Corporation denies paragraph 6 of

the Complaint alleging that the plaintiffs are the heirs of Hyun Bin for lack of
factual and legal basis, as shown in its Affirmative Defenses hereinafter set
forth.

2. Defendant Queen’s Choice Corporation denies paragraph 8 of

the complaint for lack of knowledge or information sufficient to form a belief
as to the allegations therein.

3. Defendant Queen’s Choice Corporation denies paragraph 9 of

the complaint for lack of knowledge or information sufficient to form a belief
as to the allegations therein.

AFFIRMATIVE DEFENSES

4. By way of Affirmative Defenses, defendant Queen’s Choice

Corporation, hereby states that:

a. The plaintiff has no legal capacity to sue.

b. The pleading asserting the claim states no cause of action.

ARGUMENTS
Page 1 of 7
a. The plaintiff has no legal
capacity to sue.

5. The plaintiffs failed to prove nor alleged that they have been
declared as heirs to Hyun Bin.

6. Plaintiffs, in a complaint for reconveyance of title, should first

substantiate their claim as heirs in a special proceeding and be declared as
such before they can ask the court for the transfer of the properties to their
names (Calica Vda de Lee vs Estela F. Calica- Eclipse, et al., GR No. 220533,
January 30, 2017).

7. In this case, no substantiation was made by the plaintiffs that they

are the heirs of Hyun Bin.

b. The pleading asserting the

claim states no cause of
action.

8. In cases wherein alleged heirs of a decedent in whose name a

property was registered sue to recover the said property through the institution
of an ordinary civil action, such as a complaint for reconveyance and partition,
or nullification of transfer certificate of titles and other deeds or documents
related thereto, this Court has consistently ruled that a declaration of heirship
is improper in an ordinary civil action since the matter is "within the exclusive
competence of the court in a special proceeding. proceeding (Reyes v.
Enriquez, G.R. No. 162956 April 10, 2008).

9. The trial court cannot make a declaration of heirship in the civil

action for the reason that such a declaration can only be made in a special
proceeding. Under Section 3, Rule 1 of the 1997 Revised Rules of Court, a
civil action is defined as "one by which a party sues another for the
enforcement or protection of a right, or the prevention or redress of a wrong"
while a special proceeding is "a remedy by which a party seeks to establish a
status, a right, or a particular fact." It is then decisively clear that the
declaration of heirship can be made only in a special proceeding inasmuch as
the petitioners here are seeking the establishment of a status or right. or right.
(Yaptinchay vs. Hon. Del Rosario, et al., GR No. 124320, March 2, 1999)

10. Plaintiff in this case, wanted to be declared the owners of the

disputed property by letting this court rule them as heirs of Hyun Bin. Such is
not within the scope in an ordinary Civil action as what plaintiffs’ files in the
instant case.

11. An ordinary civil action is an action by which a party sues

another for the enforcement or protection of a right, or the prevention or
redress of a wrong. A special proceeding, on the other hand, is a remedy by
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which a party seeks to establish a status, a right or a particular fact. Therefore,
the herein complaint clearly involving a special civil action, it then
undoubtedly fails to allege the violation of the plaintiff’s right as such right is
yet to be proved in a separate special proceeding.

COMPULSORY COUNTERCLAIM

12. By reason of the abuse of right committed by the plaintiff and by

reason of the instant precipitate and unfounded suit, defendant Queen’s
Choice Corporation was constrained to hire the services of a lawyer to defend
its rights and interests for a professional fee of P150,000.00. Therefore, the
plaintiff having abused their right by filing this groundless suit, plaintiffs
should be made to reimburse the Defendant corporation for the legal expenses
it incurred to protect its rights.

CROSSCLAIM

13. If, in case, this honorable court finds and rules in favor of the
plaintiffs, defendant Corporation, being a buyer in good faith and for value,
should be reimbursed by co-defendants Spouses Perla and Ariel Bean the
value of P40,000,000.00. representing the amount, the defendant Queen’s
Choice Corporation paid Spouses Perla and Ariel Bean as consideration for
the subject properties.

PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable Court that

judgment be rendered in favor of defendant Queen’s Choice Corporation and
against the plaintiff, as follows:

a. Dismissing the complaint for lack of factual and legal basis.

b. On the Counterclaim, directing plaintiffs to pay to defendant

corporation P150,000 for litigation expenses.

c. And on the crossclaim, in case judgment shall be rendered against the

defendant Queen’s Choice Corporation, directing co-defendant spouses
Perla and Ariel Bean to pay to defendant Queen’s Choice Corporation,
the sum of P40,000,000 as reimbursement for the value of the land, plus
litigation expenses and costs amounting to P150,000.

Other reliefs and remedies consistent with law, justice and equity are likewise
prayed.

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 February 22, 2020, Cebu City, Philippines.

Atty. Marino Martinquilla, Jr. (sgd.)

Counsel for the Defendant
Roll of Atty. No: 65000
IBP No. 1231 (Lifetime) Cebu City
PTR No. 2243/01-01-20 Cebu City
2nd Floor, ACA, Bldg. Guadalupe
Cebu City

VERIFICATION

Republic of the Philippines)

Moalboal, Cebu) s.s.

I, Florencio Cruz, of legal age, Filipino citizen, single and resident of

345 Avenue, Cebu City, after having duly sworn to in accordance with law,
do hereby depose and say that:
1. I am the President of Queen’s Choice Corporation, one of the defendants in
the above-entitled case;
2. I have been authorized to execute and sign this verification in the answer of
the defendant corporation, per secretary certificate no. 2-2020 hereto attached;
3. That I have read and caused the preparation of the foregoing Answer and have
read the allegations contained therein;
4. That all allegations in said Answer are true and correct of my own knowledge
and based on authentic records;
5. That I executed this verification to attest to the truth of the foregoing facts and
to comply with the provisions of Adm. Circular No. 04-94 of the Honorable
Supreme Court.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

22nd day of February 2020 in the City of Cebu.

Florencio Cruz (sgd.)

Affiant

SUBSCRIBED AND SWORN to before me this 22nd day of March

2020, affiant exhibited to me his Driver’s License issued on December 14,
2018 by the Land Transportation office in Cebu City as his Competent
Evidence of Identity.

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 Atty. Marino Martinquilla, Jr. (sgd.)
Notary Public for Moalboal
Under Dec 31, 2019
Notarial Commission NO. 019-11
Roll of Atty. No: 65000
IBP No. 1231 (Lifetime) Cebu City
PTR No. 2243/01-01-20 Cebu City
2nd Floor, ACA, Bldg. 5
Moalboal, Cebu

Doc. No: 80
Page No: 120
Book No: 4
Series of 2020

Page 5 of 7
 SECRETARY’S CERTIFICATE

I, Leonardo A. Rubio, a duly elected and qualified Corporate Secretary of

Queen’s Choice Corporation, a corporation duly organized and existing under
and by virtue of Philippine law do hereby certify that:

1. I am familiar with the facts herein certified and duly authorized to

certify the same;
2. At the meeting of Board of Directors of the Corporation duly held and
convened on February 21, 2020 at which meeting a quorum was present
and acted throughout, the following resolution was approved, and the
same has not been annulled, revoked and amended in any way
whatsoever and the same is in full force and effect on the date hereof:

“RESOLVED, that Queen’s Choice Corporation

authorize as it hereby authorized Mr. Florencio Cruz
to sign, execute and file an answer, counterclaim and
cross-claim, in response to Civil Case No. 123456,
filed by the Heirs of Hyun Bin against Queen’s
Choice Corporation; and to enter into an amicable
settlement, to submit to alternative modes of dispute
resolution, and to enter into stipulations or
admissions of facts and documents in relation to
Civil Case No. 123456.”

WITNESS THE SIGNATURE of the undersigned as such officer of the

Corporation this 9th day of February 2020 at, Moalboal, Cebu, Philippines

Leonardo A. Rubio (sgd.)

Corporate Secretary

SUBSCRIBED AND SWORN to before me this 9th day of March 2020,

affiant exhibited to me his Driver’s License issued on December 1, 2019 by
the Land Transportation office in Cebu City as his Competent Evidence of
Identity.

Atty. Marino Martinquilla, Jr.(sgd.)

Notary Public for Moalboal
Under Dec 31, 2019
Notarial Commission NO. 019-11
Roll of Atty. No: 65000
IBP No. 1231 (Lifetime) Cebu City
PTR No. 2243/01-01-20 Cebu City
2nd Floor, ACA, Bldg. Guadalupe
Cebu City

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Doc. No: 45
Page No: 50
Book No: 4
Series of 2020

Copy furnished:

ATTY. MAE DEL MONTE (sgd.)

Counsel for the Plaintiff
Unit 2 2ND Floor Laurel Building
Lahug, Cebu City

ATTY. HELEN SANTOS (sgd.)

Counsel for Defendant spouses Bean
422 Bldg.
Labangon, Cebu City

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