Complaint: Regional Trial Court Branch 69

REPUBLIC OF THE PHILIPPINES
THIRD JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 69
IBA, ZAMBALES
JOSEPHINE B. SAN JUAN-CRUZ

and KRISSA B. SAN JUAN,
plaintiffs,
-versus- Civil Case No. RTC-4321-I

For: Recovery of Possession and
Ownership
CELINO D. ECLARINAL and

JULBERT D. ECLARINAL,
defendants.
x--------------------------x
COMPLAINT
Plaintiffs through the undersigned counsel and unto this Honorable Court,
most respectfully states:
PARTIES
1. That they are Filipinos, of legal ages, and residents of Purok Tangile,
Brgy. Baloganon, Masinloc, Zambales; whereas defendants are likewise
of legal ages, Filipinos, and are residents of same address, Purok
Tangile, Brgy. Baloganon, Masinloc, Zambales, where they may be
served with summons, notices, orders, and other court processes in
connection with this complaint;
CAUSE OF ACTION
2. Plaintiffs are the children of Charles D. San Juan (deceased) of Purok

Tangile, Brgy. Baloganon, Masinloc, Zambales; Charles D. San Juan
was one of the children of Abdon E. San Juan (deceased) and Abdon
was the registered owner of a parcel of land situated at Purok Tangile,
Brgy. Baloganon, Masinloc, Zambales, covered under Original
Certificate of Title P-4606, a copy of which is hereto attached and
marked as Annex “A” to form part hereof;
1
3. After the death of Abdon E. San Juan, his children Charles and Jhune
subdivided the said parcel of land, and the share of Charles, father of
herein plaintiffs, has been declared for taxation purposes under Tax
Declaration No. 0004-00123, a copy of which is hereto attached and
marked as Annex “B” to form part hereof, and that realty taxes have
been religiously paid, the tax receipt hereto attached (O.R. Nos.
1274555, 1273305, 1274555 and 1273305) and marked as Annexes
“C”, “C-1”, “C-2”, and “C-3”, all to form part hereof;
4. That, during the later days of Abdon E. San Juan, plaintiffs’

grandfather, in the earlier 80’s, defendants’ father Joseph S. Eclarinal
was allowed to stay on the land, together with his children who are
now the defendants as they do not have any place to stay and this
benevolent act was acknowledged by Joseph S. Eclarinal and his
children;
5. After the death of Abdon E. San Juan, his children, including Charles D.
San Juan, who is the father of herein plaintiffs, continue to allow the
defendants to stay on the land out of generosity, until lately
defendants started to claim ownership of the land owned by Charles
being part of his share. They have put up their respective permanent
dwellings to the protestations of the herein children of Charles D. San
Juan, plaintiffs herein, and they continue to build until now permanent
structures that must be stopped;
6. That this matter was brought to the Barangay concerned for

conciliation in accordance with the Katarungan Pambarangay Law,
however, no settlement was reached in that level so that a certification
to file action was issued, a copy of which is hereto attached and
marked as Annex “D” to form part hereof;
7. That defendants have absolutely no rights whatsoever to possess nor

own the land as they have no valid or legal documents to claim
ownership of the same;
8. That because of this illegal occupation and bogus claim of ownership

by the defendants on plaintiffs’ land having inherited the same from
their father Charles D. San Juan, plaintiffs have agreed to pay the sum
2
of Php 30,000.00 for attorney’s fees and filing fees and other
expenses in the prosecution of this case.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed that after notice

and hearing, judgment be rendered:
1. Declaring plaintiffs as the owners of the parcel of land in question, and

ordering defendants to surrender the same;
2. Ordering defendants to remove all improvements or structures built by
defendants on the premises at their own expense;
3. Ordering defendants to reimburse plaintiffs the sum of Php 30,000.00 for
attorney’s fees and other expenses including filing fees;
4. Such other reliefs just and equitable are likewise prayed forth.
Iba, Zambales, July 15, 2020.
MARLON G. MERTO
Counsel for the Plaintiffs
Iba, Zambales
PTR NO. 1234567, issued on 01-25-2017
IBP. No. 1012345, issued on 01-15-2016
Roll No. 12345
MCLE Compliance No. V-0056789
(Augustil 15, 2017-August 14, 2020)
3
REPUBLIC OF THE PHILIPPINES )
IBA, ZAMBALES )S.S.
VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING
WE, JOSEPHINE B. SAN JUAN-CRUZ and KRISSA B. SAN JUAN, both of

legal ages, and residents of Purok Narra, Brgy. Baloganon, Masinloc, Zambales,
after having been duly sworn to in accordance with law do hereby depose and
state:
1. That, we are the plaintiffs in the above-entitled case;

2. That, we have caused the preparation of the foregoing complaint;
3. That, we have read all the contents of the foregoing and that they are
true and correct to our knowledge;
4. That, we hereby certify under oath that no petition or proceeding of a
similar nature has been filed with any office, court or with the Court of
Appeals or the Supreme Court, or any government agency or
instrumentality for that matter, and should we learn of any such case
being pending or filed with such agencies or courts abovementioned,
we undertake to inform the Honorable Court or any government
instrumentalities having jurisdiction of this case of the existence or
pendency of such proceeding or action, within five (5) calendar days
from receipt of each fact.
IN WITNESS WHEREOF, we hereunto affixed our signature on this 15 th

day of July at Iba, Zambales.
JOSEPHINE B. SAN JUAN-CRUZ KRISSA B. SAN JUAN

Affiant Affiant
ID. No. 012345678 ID. No. 087654321
Issued on 08-21-2015 Issued on 09-16-2018
Issued at Masinloc, Zambales Issued at Masinloc,
Zambales
SUBSCRIBED AND SWORN to before me this 15th day of July, 2020 at Iba,
Zambales affiants exhibiting to me their Government ID No. 012345678, issued
at Masinloc, Zambales on August 21, 2015 and Government ID No. 087654321,
issued at Masinloc Zambales on September 16, 2018.
ATTY. MARLON G. MERTO

Doc. No. 516 NOTARY PUBLIC FOR ZAMBALES
Page No. 103 UNTIL DECEMBER 31, 2020
Book No. XVIII NOTARIAL COMMISSION/PTR NO. 87654321
Series of 2020 ROLL NO. 12345
4
IB NO. 1012345/01-15-2016
MCLE COMPLIANCE NO. V-0056789 UNTIL AUGUST 14,
2020
ADDRESS: MERTO LAW OFFICE
NATIONAL HIGHWAY, PALANGINAN, IBA, ZAMBALES 2201

Complaint: Regional Trial Court Branch 69

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REPUBLIC OF THE PHILIPPINES

THIRD JUDICIAL REGION

JOSEPHINE B. SAN JUAN-CRUZ

-versus- Civil Case No. RTC-4321-I

CELINO D. ECLARINAL and

2. Plaintiffs are the children of Charles D. San Juan (deceased) of Purok

4. That, during the later days of Abdon E. San Juan, plaintiffs’

6. That this matter was brought to the Barangay concerned for

7. That defendants have absolutely no rights whatsoever to possess nor

8. That because of this illegal occupation and bogus claim of ownership

WHEREFORE, premises considered, it is respectfully prayed that after notice

1. Declaring plaintiffs as the owners of the parcel of land in question, and

Iba, Zambales, July 15, 2020.

VERIFICATION AND CERTIFICATION

WE, JOSEPHINE B. SAN JUAN-CRUZ and KRISSA B. SAN JUAN, both of

1. That, we are the plaintiffs in the above-entitled case;

IN WITNESS WHEREOF, we hereunto affixed our signature on this 15 th

JOSEPHINE B. SAN JUAN-CRUZ KRISSA B. SAN JUAN

ATTY. MARLON G. MERTO

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