Republic of the Philippines

Third Judicial Region

REGIONAL TRIAL COURT
Branch 69
IBA, ZAMBALES

JOSEPHINE B. SAN JUAN- CRUZ

and KRISSA B. SAN JUAN
Plaintiff,

Civil Case No. RTC-4321-I

For: Recovery of
Possession and
Ownership

CELINO D. ECLARINAL and

JULBERT D. ECLARINAL,
Defendants.
x ----------------------------------------- x

ANSWER WITH SPECIAL AFFIRMATIVE DEFENSES and COUNTERCLAIM

COMES NOW DEFENDANTS CELINO D. ECLARINAL and JULBERT D.

ECLARINAL, by counsel and unto this Honorable Court, respectfully state and
aver that:

1. Defendants admit the allegations contained in paragraphs 1 and 2

of the Complaint;

2. Insofar as to paragraphs 2, 3 and 4 pertaining to Tax Declaration,

the same is denied for lack of knowledge or information sufficient to form a belief
as to the veracity or falsify thereof, the allegations therein being matters known
only to, and are within the control only, of the Plaintiffs;

3. Paragraph 5 and 8 are denied insofar as it alleges that the

defendants have no basis or justification to occupy the subject property, the truth
being those alleged in the special and affirmative defenses part hereinbelow.

4. Paragraphs 6 and 7 are admitted;

BY WAY OF SPECIAL AND AFFIRMATIVE DEFENSES, Defendants aver:

5. That Defendants JULBERT D. ECLARINAL and CELINO D.

ECLARINAL, who were born on May 15, 1980 and February 14, 1982
respectively, are the sons of the late Joseph San Juan Eclarinal, the only child of
Antonio Eclarinal and Maria San Juan, the only sister of Abdon E. San Juan.
Both Maria E. San Juan, grandmother of the defendants and Abdon E. San Juan,
grandfather of the plaintiffs are the two children of the spouses Arnulfo A. San
Juan and Consolacion E. Echon. Hence, the defendants and the plaintiffs are
second cousins. Copies of the birth certificates of Julbert D. Eclarinal, Celino D.

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Eclarinal, Joseph S. Eclarinal, Maria E. San Juan, and Abdon E. San Juan are
hereby attached and marked as Annex “1-1 to 1-5” respectively;

6. That spouses Arnulfo and Consolacion have openly, continuously

and notoriously occupied the land allegedly owned by the grandfather of the
plaintiffs since their marriage up until their death. And that, the spouses were the
ones initially applied for its free patent title. And that, it was only Abdon who
continued the application after the death of their parents while taking advantage
over the situation of his sister, Mari who was away then, and put it under his
name. A copy of the application is attached and marked as Annex ‘’2’;

7. That upon the death of their father, Joseph S. Eclarinal, they were
left with a deed of absolute sale dated April 1, 1985 which was executed by
Joseph S. Eclarinal and Abdon E. San Juan in favor of the defendants’ father.
Subject of which is the lot in dispute. Therefore, defendants have the right over
the lot as it was bought by their father from the plaintiff’s grandfather. A copy of
the deed of sale is hereby attached and mark as Annex “3”;

8. That upon verification with the Land Registration Authority, it was

found that defendants’ father Joseph S. Eclarinal has a pending application for
the transfer of certificate of title over the disputed land filed on May 10, 2000.
Such action constitutes his intent to be the rightful owner of the lot bought from
Abdon E. San Juan. A copy of the said application is hereby attached and mark
as Annex “4”;

BY WAY OF COUNTERCLAIM, the Defendants alleges:

9. That as legitimate children of Joseph S. Eclarinal, who, on the other

hand is a legitimate child of Antonio Eclarinal and Maria San Juan, daughter of
the spouses Arnulfo and Consolacion San Juan have also the right as heirs
equal of that of the plaintiffs over the land allegedly owned by Abdon E. San Juan
as the said land should be named after Abdon and Maria San Juan, both
legitimate children of the spouses Arnulfo and Consolacion San Juan;

10. That defendants’ father, Joseph S. Eclarinal as buyer in good faith

of the disputed lot is the rightful owner of the same.

11. That by virtue of this act by the plaintiffs, defendants were

compelled to engage the services of the counsel in the amount of PhP
100,000.00.

WHEREFORE, PREMISES CONSIDERED, Defendants respectfully prays

to this Honorable Court to:

a) Declare the land allegedly owned by Abdon E. San Juan be divided

into two equal parts and be named after Maria and Abdon San
Juan;

b) Declare defendants’ father Joseph S. Eclarinal to be the rightful

owner of the disputed lot bought from Abdon E. San Juan;

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 c) Award moral damages in the amount of PhP 50,000.00;

d) Award exemplary damages in the amount of PhP 100,000.00;

e) Award Attorneys’ fee in the amount of PhP 100,000.00; and

f) Cost of suit.

Defendant prays for such other reliefs, just and equitable under the
circumstances.

Iba, Zambales; June 22, 2020.

ATTY. CHARIDEE ANNE S LABRADOR

Counsel for the Defendants
Iba, Zambales
PTR No. 12345577, issued on 02-25-2018
IBP No. 1223388, issued on 02-15-2017
Roll No. 12356
MCLE Compliance No. V-0065793
(September 15, 2018-September 14, 2021)

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Republic of the Philippines )
Iba, Zambales ) s.s.

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING

WE, JULBERT D. ECLARINAL and CELINO D. ECLARINAL, both of legal

age, Filipino, and residents of Purok Tangile, Brgy. Baloganon, Masinloc,
Zambales, after having been duly sworn in accordance with law, hereby depose
and state that:

1. We are the defendants in the above-mentioned case;

2. We have caused the preparation and filing of the foregoing Answer;

3. We have read its contents; the facts stated therein are true and
correct to the best of our personal knowledge and based on authentic
records;

4. We have not commenced any other action or proceeding involving the

same issues in the Supreme Court, Court of Appeals, or different
divisions thereof, or any other tribunal or agency, and that to the best
of our knowledge, no such action or proceeding is pending in the
Supreme Court, Court of Appeals, or different divisions thereof, or in
any other tribunal or agency;

5. If We should thereafter learn that the same or similar action or

proceeding has been filed or is pending before the Supreme Court,
Court of Appeals, or different divisions thereof, or in any other tribunal
or agency, We undertake to promptly report such fact within five (5)
days to this Honorable Court;

6. This Verification/Certification of Non-Forum Shopping is being filed in

good faith.

IN WITNESS WHEREOF, We have hereunto affixed our signature this

22nd day of June 2020 at Iba, Zambales.

JULBERT D. ECLARINAL CELINO D. ECLARINAL

Defendant Defendant

SUBSCRIBED AND SWORN TO before me this 22nd day of June 2020 at

Iba, Zambales; defendants with competent evidence of identity and exhibiting to
me their Driver’s License with Nos. C09-02-123456 and C-09-02-654321, issued
on May 14, 2019 and July 7, 2019 by the Land Transportation Office, bearing
their photographs and signatures.

Doc. No. ____; ATTY. CHARIDEE ANNE S LABRADOR

Page No. ____; Notary Public

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Book No. ____; Until December 31, 2020
Series of 2020. Iba, Zambales
PTR No. 12345577, issued on 02-25-2018
IBP No. 1223388, issued on 02-15-2017
Roll No. 12356
MCLE Compliance No. V-0065793
(September 15, 2018-September 14, 2021)