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Republic of the Philippines

REGIONAL TRIAL COURT OF BARILI
7th Judicial Region
Branch 60
Municipality of Barili

HEIRS OF HYUN BIN,

namely VICO BIN, RICO
BIN, and NICO BIN,
Plaintiffs,

-versus- Civil Case No. 12345

FOR: Nullity of
Documents, Quieting
QUEEN’S CHOICE of Title with Damages
CORPORATION, and
and Attorney’s Fees
PERLA BON married to
ARIEL BON,
Defendants.
x ------------------------------- x

ANSWER WITH AFFIRMATIVE DEFENSE,

COUNTERCLAIM AND CROSS-CLAIM

COMES NOW, Defendant Queen’s Choice Corporation, by and

through the undersigned counsels and unto this Honorable Court
most respectfully submits this answer, averring that:

1. Defendant ADMITS the allegations in Paragraphs 1 and 2 of

the Complaint which pertain to the personal circumstances
of the Plaintiffs and the Defendants;

2. Defendant lacks knowledge or information to form a belief as

to the truth of the allegations contained in paragraphs 6, 7, 8
and 9 of the complaint and therefore, specifically DENIES
the same;

3. Defendant specifically DENIES the allegation in paragraph

10 of the complaint, the truth of the matter is that the
issuance of the Certificate of Title over the subject lot in
favor of Perla Bon (Perla) was done in the regular
performance of the Director of Lands. Further, its validity
cannot be anymore assailed of as more than one (1) year
has lapsed since the time they were issued. Hence,
Civil Case No. 12345 Page 2 of 6
Answer with Counterclaim and Crossclaim
Heirs of Hyun Bin v. Queen’s Choice Corporation, et. al.
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prescription has already set in. A certified true copy of the

Certificate of Title is attached hereto as ANNEX 1;

4. Defendant specifically DENIES the allegation in paragraph

11 of the complaint, the truth being that Siri, Perla and Ariel
held the properties in the concept of an owner and not just
mere trustees of the Plaintiffs. The act of Siri in donating the
subject lot to Perla without the consent of the Plaintiffs, the
act of Perla in applying for free patents over the subject
properties, and having the tax receipts declared under their
names would prove their adverse possession over the
properties, which are all contrary to an act of a mere holder
or trustee. A copy of the Deed of Donation and Tax
Declarations are attached hereto as ANNEX 2 and ANNEX
3, respectively;

By way of Special and Affirmative defenses, Defendant avers

that:

5. The action has already prescribed since more than ten (10)
years had lapsed since the titles over the subject lots were
granted to Perla, the predecessor-in-interest of Queen’s
Choice Corporation;

a. While the complaint was denominated as an action for

the " Nullity of Documents, Quieting of Title with
Damages and Attorney’s Fees", a review of the facts
alleged and the reliefs sought therein reveals that
reconveyance is the end goal. The Plaintiffs claimed to
be the owners of the subject lots based on their
alleged right as heirs of Hyun Bin and then claimed
that the defendants herein dispossessed them of the
same;

b. An action for reconveyance of a parcel of land based

on implied or constructive trust prescribes in ten (10)
years, the point of reference being the date of
registration of the deed or the date of the issuance of
the certificate of title over the property; 1

c. In the case at bar, the Plaintiffs allege that Defendant

Perla merely holds the properties in trust for them. It is
however, evident that this trust was repudiated by the
latter when Perla applied for free patent and was
granted titles over the subject lots back in 1992. More
1
Ocampo vs Ocampo, GR No. 227894, July 5, 2017
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Answer with Counterclaim and Crossclaim
Heirs of Hyun Bin v. Queen’s Choice Corporation, et. al.
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than ten (10) years had already lapsed since then,

thus, this action should be dismissed based on
Prescription; Furthermore, the Defendants had already
acquired the subject property by virtue of acquisitive
prescription. Article 1137 of the New Civil Code of the
Philippines provides that ownership and other real
rights over immovable also prescribe through
uninterrupted adverse possession thereof for thirty
years, without need of title or of good faith. The
uninterrupted adverse possession of the predecessors-
in-interest of the Defendant over the subject property
started when a tax declaration has been issued in the
name of Siri back in 1978. The possession was
adverse as Siri acted in the concept of an owner since
then. The tax declaration was under his name and he
subsequently donated such property to Perla, who also
held the property in an adverse possession at the time
she applied for the free patent over the subject lot.

6. The case fails to state a cause of action because the

Plaintiffs herein are not real parties in interest. They have not
been declared by the court as heirs of the late Hyun Bin
(Hyun, for brevity) and such determination requires a special
proceeding and is not proper in the civil action currently filed
by the Plaintiffs;

a. 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”;2

b. But in some cases, the Court have recognized that a

prior inheritance case is not necessary to recognize an
heir’s rights to a property. This is especially true in the
case of a compulsory heir wherein the legal rights of a
compulsory heir are transmitted to her at the moment
of the decedent’s death by operation of law; 3

c. However, in the case are bar, the Plaintiffs are not the
compulsory heirs of the late Hyun Bin as they are
2
Reyes v. Enriquez, G.R. No. 162956, April 10, 2008
3
Raymundo vs. Vda. De Suarez, G.R. No. 149017, November 28, 2008
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Answer with Counterclaim and Crossclaim
Heirs of Hyun Bin v. Queen’s Choice Corporation, et. al.
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neither a child or descendant nor a parent or

ascendant of the late Hyun. Hence, they have to be
declared first as heirs of the late Hyun in a special
proceeding which is not proper in the case filed. As
they are not real parties in interest, the case is
dismissible for failure to state a cause of action;

By way of Counterclaim, Defendant alleges that:

7. By virtue of this unwarranted and malicious act initiated by

the Plaintiffs, Defendant were forced to engage counsel in
the sum of P100,000.00;

8. Similarly, the Plaintiff’s unfounded suit has caused

Defendant suffering and public humiliation, for which for
which the Defendant claims moral damages of P50,000.00.

By way of Crossclaim, Defendant alleges that:

9. In the event Plaintiffs are awarded judgment against this

answering Defendant, the latter is entitled for
reimbursements from Defendant Perla the purchase price of
the land and also for indemnity for damages and attorney’s
fees.

Presentation of Evidence

Annex 1: Certified true copy of the Certificate of Title Issued under

the name of Perla Bon for Lot A-1
Annex 2: Copy of the Deed of Donation by Siri Bin to Perla Bon
Annex 3-1 to Annex 3-3: Copies of the Tax Declarations of Lot A-1
under the name of Perla Bon for the years 1992 to 1994
Annex 4-1 to Annex 4-25: Copies of the Tax Declarations of Lot A-1
under the name of Queen’s Choice Corporation for the
years 1995 to 2020

PRAYER

WHEREFORE, premises considered, answering Defendant

respectfully prays to the Honorable Court that:

1. The complaint be dismissed against the answering

Defendant;
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Answer with Counterclaim and Crossclaim
Heirs of Hyun Bin v. Queen’s Choice Corporation, et. al.
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2. The Defendant be awarded the amount of P100,000 as

Attorney’s Fees and P50,000 for moral damages;

3. Defendant Perla Bon be ordered to pay the answering

Defendant the purchase price that the latter has paid and
also for indemnity of damages and attorney’s fees in the
event Plaintiffs are awarded a judgment against the
answering Defendant;

Other Relief, just and equitable are also prayed for.

ATTY. MARY MAE E. LIMPANGUG

Counsel for Defendant Queen’s Choice Corporation
4th floor, EH Building, Dr. J.P Rizal Street, Carcar City, Cebu
Roll of Attorney No. 12345
PTR No. 1234567, 01/27/2020, Carcar City
IBP No. 1324657, 02/15/2020, Cebu Province
MCLE Compliance No. VII-0234561
E-Mail Address: [email protected]
Tel. No. (02) 225-8023

Copy furnished through Personal Service:

ATTY. JUAN DELA CRUZ

Counsel for Plaintiffs
3rd floor, ABC Building,
Dr. J.P Rizal Street, Carcar City, Cebu
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Answer with Counterclaim and Crossclaim
Heirs of Hyun Bin v. Queen’s Choice Corporation, et. al.
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