Republic of the Philippines

FIRST JUDICIAL REGION

REGIONAL TRIAL COURT
Branch 1
Bangued, Abra

PERLA I. ASTUDILLO,
GEORGE ALLAN I. ASTUDILLO and
LESTER I. ASTUDILLO,
Plaintiffs;

- versus - CIVIL CASE NO. 3696

FOR; Annulment of
Documents,
Cancellation of Tax
Declaration
and Damages
VIOLA PARADO VENUS-ASTUDILLO,
KRISTINA EVA ASTUDILLO-MIRON,
Defendants.

LINO ROSALES NAVARRO,

Movant-Intervenor.
X—------------------------------------------------x

COMPLIANCE WITH MOTION TO RESOLVE MOTION

TO ADMIT VERIFIED ANSWER

Movant-Intervenor, by counsel, unto this Honorable Court most

respectfully avers:

1. Movant-Intervenor, LINO ROSALES NAVARRO, represented by

NATIVIDAD & VILLAR LAW OFFICE, based in Quezon City, Metro Manila
Philippines received a copy of the Order dated October 8, 2021 granting
Leave Of Court to Intervene on November 12, 2021;

2. Sans the preparation and timely filing of Mr. Navarro’s pleading in-
intervention, on December 17, 2021, ATTY. JOSE ARTURO R.
NATIVIDAD, formally filed his WITHDRAWAL OF APPEARANCE as
Counsel due to personal/professional reasons aggravated by the
persisting stringent protocols and risks of the pandemic countrywide;

3. I was officially engaged by the Movant-Intervenor as Counsel only on

January 5, 2022. On January 15, 2022, the undersigned personally
received from my client the original hardcopy of the 1988-1993 Philippine
Passport of the late MANUEL/JOSE MANUEL T. ASTUDILLO together
with photocopies of his recent US passport and Illinois Driver's License
identification card (ID) including the passports of defendants VIOLA
PARADO VENUS-ASTUDILLO and KRISTIANA EVA ASTUDILLO-
MIRON from Schaumburg, Illinois, USA that arrived via courier which was
already in transitu prior to my engagement as counsel;
 4. As material time is needed to prepare our intelligible Answer,
notwithstanding the waiting days for the availability for case conference
with the defendants as intended witnesses; and the arrival of the vital
documents abroad, to which our defense is anchored and largely
dependent without which the undersigned cannot proceed to the drafting
of our pleading, hence, it is only now that we are filing our pleading-in-
intervention;

5. Our Verified Answer to the Complaint-in Intervention has been appended

to and filed simultaneously with this instant Urgent Motion together with
the Affidavit of Merit executed by the undersigned counsel as we do not in
any manner, intended to unduly delay the proceedings but purely based
on excusable and meritorious grounds as afore-stated;

6. The Movant-Intervenor, when declared in default, is about to lose SIX

MILLION PESOS (PHP6,0000,000.00) the full purchase price he paid to
defendants VIOLA and KRISTIANA EVA for the subject property in
dispute not to include the substantial costs incurred in this suit.
7. Ergo, in the interests of justice, we bessech that we be granted a day in
court to protect the intervenors substantial rights and interests. Our
evidence, if considered, we are optimistic that the Court will find merit and
resolve the case in favor of the defense. In this line, we are humbly
imploring the judicious compassion, understanding and liberality of the
Honorable Court.

PREMISES CONSIDERED, WHEREFORE, it is most respectfully prayed

that after consideration of the instant motion and a hearing thereon, an Order be
issued by this Honorable Court GRANTING the Motion to Admit Verified Answer
to the Complaint-in-Intervention with Compulsory Counterclaims. Other just and
equitable reliefs are likewise prayed for.

RESPECTFULLY SUBMITTED.

Bangued, Abra, Philippines 19th January 2022.

ATTY. EDMUND B. BAYLE

Counsel for Movant-Intervenor
Partelo St., Zone 2, Bangued, Abra
IBP OR No. 103968
PTR NO.
983527/01-06-2022/Bangued,Abra
Roll No 51294
MCLE Compliance No. VI-0016835
March 18, 2020
E-mail: ebbayle418@gmail.com
Mobile No. 0935 140 8641
 VERIFICATION

I, LINO ROSALES NAVARRO, Filipino, married, of legal age, and with postal address at
c/o Norma Blanco, Villamor, Manzano Street, Zone 5, Bangued, Abra, under oath deposes and
states that I am the Movant-Intervenor in the above-entitled action. I have caused the preparation
of the foregoing Urgent Motion to Admit Answer to the Complaint in Intervention with Compulsory
Counterclaims, I have read and understood the contents of the same and i certify that all
allegations of fact therein are true and correct of my personal knowledge and based on authentic
documents and records.

LINO ROSALES NAVARRO

SUBSCRIBED AND SWORN TO before me this ___ day of January 2022, In Bangued,
Abra, affiant exhibiting unto me his Non-Professional Dirver’s License No. A08-03- 022504, valid
until 05 April 2024 as competent proof of his identity.

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2022

NOTICE OF HEARING

ATTY ARGYLLE PIZZAZZ C PAGTAILAN

Clerk of Court
Branch 1, Regional Trial Court
Bangued, Abra

Madam:

Greetings!

Please submit the foregoing motion for the consideration and approval of the Honorable
Court on 27 January 2022 at 8:30 in the morning or as soon hereinafter as counsels may be
heard.

Thank you very much!

ATTY EDMUND B BAYLE

Copy furnished via electronic mail/registered mail/special courier service:

ATTY JASON A CANTIL

Alafriz Domingo Bartolome Lachica
Agpaoa Calvan Cantil (ADBLACC) Law Offices
Counsel for Plaintiffs
Unit 4-I Future Point Plaza 3
No 111 Panay Avenue, South Triangle
Quezon City
adblacc@yahoo.com
adblacc@gmail.com

EXPLANATION

Due to time constraints, lack of personnel and considerable distance of counsel's offices,
copy of the foregoing motion was furnished upon the adverse party via special courier service
and electronic mail.
 EDMUND B BAYLE

Republic of the Philippines }

Province of Abra }
Municipality of Bangued } Sc.

AFFIDAVIT OF MERIT

I, EDMUND B. BAYLE, Filipino, of legal age, married and with postal address at Partelo
Street, Zone 2, Bangued, Abra after having been sworn in accordance with law, hereby depose
and state THAT:

1. I am a practicing lawyer by profession. On January 5, 2022, Mr. Lino Rosales Navarro

officially engaged my services as counsel in intervention in a case pending before RTC Branch 1,
Bangued, Abra docketed as Civil Case No. 3696; Perla I. Astudillo et al versus Viola Parado
Venus- Astudillo & Kristiana Eva Astudillo Miron for Annulment of Documents, Cancellation of
Tax Declaration and Damages;

2. Prior, Mr. Navarro availed the services of NATIVIDAD & VILLAR LAW OFFICE based
in Quezon City, Metro Manila that favourably secured an ORDER granting leave of Court for his
verified motion for intervention issued by the Honorable Court on October 8, 2021 duly received
by that law office only on November 12, 2021;

3. Last December 17, 2021, for personal and professional reasons with the persisting
stringent protocols and risks of the pandemic, Atty. Jose Arturo R. Natividad, formally withdrew
his appearance as counsel for Mr. Navarro sans having been able to timely file the appropriate
pleading-in-intervention;

4. Having limited knowledge on the nuances of the case, I waited for the information
relayed to me by the party-defendants who are currently in Schaumburg Illinois, USA pertaining
to the factual antecedence of the case. Among others, they averred that the original Philippine
Passport of Manuel/Jose Manuel T. Astudillo, the husband and father of defendants, respectively,
is already in transitu. The mailed matter containing the original hard copy of the Philippine
Passport valid from 1988-1993 together with the scanned photographs of the recent US Passport
and Chicago Driver's License of Manuel/Jose Manuel T. Astudillo including the US passports of
the defendants were handed to me personally by Mr. Navarro only last January 15, 2022;

5. Altogether, the information gathered and the mailed documents are indespensable in the
preparation of our intelligible defense that are appended and made integral part hereof, hence, as
material time and effort is spent in the preparation thereof, hence, the filing of our Verified Answer
to the Complaint in Intervetnion with Compulsory Counterclaims only by this instance;

6. I am executing this Affidavit of Merit to attest to the truthfulness of the foregoing and to
support and justify our Urgent Motion to Admit our Pleading in Intervention; and that in no
slightest manner did we intend to unduly delay the proceedings but based on authentic
documents that will persuade the Honorable Court to decide in our favor, when considered.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of January 2022 at
Bangued, Abra, Philippines.

ATTY EDMUND B BAYLE

Affiant

SUBSCRIBED AND SWORN TO before me this ____ day of January 2022 at Bangued,
Abra, affiant exhibiting to me his IBP ID No. 51294 as competent proof of his identity.

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of 2022.
 Republic of the Philippines
FIRST JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 1
Bangued, Abra

PERLA I. ASTUDILLO,
GEORGE ALLAN I. ASTUDILLO and
LESTER I. ASTUDILLO,
Plaintiffs;

- versus - CIVIL CASE NO. 3696

FOR; Annulment of
Documents,
Cancellation of Tax
Declaration
and Damages
VIOLA PARADO VENUS-ASTUDILLO,
KRISTINA EVA ASTUDILLO-MIRON,
Defendants.

LINO ROSALES NAVARRO,

Movant-Intervenor.
X—------------------------------------------------x

ENTRY OF APPEARANCE

ATTY ARGYLLE PIZZAZZ C PAGTAILAN

Clerk of Court
Branch 1, Regional Trial Court
Bangued, Abra

Madam:

Please enter the appearance of the undersigned as Counsel for LINO

ROSALES NAVARRO herein Movant-Intervenor.

Accordingly, it is respectfully prayed that the undersigned be furnished all

pleadings, orders and notices relative to the instant case at its address indicated
below.

Bangued, Abra, Philippines. 18th January, 2022.

ATTY EDMUND B. BAYLE

Counsel for Movant-Intervenor
 Partelo St., Zone 2, Bangued,
Abra
E-mail: ebbayle418@gmail.com
Mobile No. 0935 140 8641

Republic of the Philippines

FIRST JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 1
Bangued, Abra

PERLA I. ASTUDILLO,
GEORGE ALLAN I. ASTUDILLO and
LESTER I. ASTUDILLO,
Plaintiffs;

- versus - CIVIL CASE NO. 3696

FOR; Annulment of
Documents,
Cancellation of Tax
Declaration
and Damages
VIOLA PARADO VENUS-ASTUDILLO,
KRISTINA EVA ASTUDILLO-MIRON,
Defendants.

LINO ROSALES NAVARRO,

Movant-Intervenor.
X—-------------------------------------------------------------x

VERIFIED ANSWER-TO COMPLAINT-IN-INTERVENTION CUM

COMPULSORY COUNTERCLAIM FOR CANCELLATION OF
ADVERSE CLAIM, ISSUANCE OF ORDER/s FOR TRANSFER OF
TAX DECLARATION & TITLE; ORDER OF EVICTION and WRIT
OF DEMOLITION

The Movant-Intervenor, LINO ROSALES NAVARRO, through undersigned

counsel and unto this Honorable Court, most respectfully avers:

1. With leave of court duly granted, Intervenor LINO ROSALES

NAVARRO is of legal age, married, Filipino citizen with postal address c/o
Norma Blanco, Villamor Manzano Street, Zone 5, Bangued, Abra. Attached is a
photocopy of his LTO Non-Professional Driver’s License as proof of his identity
as Annex ‘'1'’;

2. Defendants MRS VIOLA PARADO VENUS-ASTUDILLO and MS.

KRISTIANA EVA ASTUDILLO-MIRON, wife and daughter of the late
MANUEL/JOSE MANUEL TEJERO ASTUDILLO, are of legal ages, Filipino
Citizens with postal address at 437 Liberty Court, Schaumburg, Illinois, 60194
USA. Attached are photocopies of ther respective passports issued by the US
government as proof of their identities as Annexes '‘2'’ & ‘'3'’, respectively.
Being overseas, they were unable to secure services of counsel, hence, they
were declared in default. Despite, they are our intended witnesses as they
directly are in cognizance of the facts and nuances likewise are both privy to the
transactions antecedent to the filing of the instant case;

3. Intervenor Navarro, and the late Manuel Astudillo and his wife Viola are
close acquaintances being friends since their younger years decades ago.
Intervenor is an innocent purchaser for value of the unsegregated portion of the
subject property with an area of TWO HUNDRED SEVENTY THREE (273)
square meters, in the amount of SIX MILLION PESOS (PHP6,000.000.00) as
per Extra-Judicial Adjudication of Real Property with Deed of Absolute Sale
(attached as Annex ‘'4'’) duly executed by defendants Mrs. Viola Astudillo and
Kristiana Eva Astudillo-Miron in favor of Mr. Navarro on October 26, 2020 duly
notarized and ratified before LUPITA A LANDEROS and R. SHAH, Notaries
Public of County of Cook, State of Illinois, USA.

4. The aforesaid instrument including the signatures, seal and the stamp
it bears, was certiified and attested by HON, JESSE WHITE, Secretary of State,
State of Illinois by way of an APOSTILLE, photocopy of which is attached as
Annex ‘'5'’;

5. Reckoned from October 26, 2020, by virtue of said instrument and by

operation of law, the sellers already conveyed, transferred and vested their
inchoate right to full ownership, rights and privileges of subject part of the
property in favor of Intervenor Navarro; interrupted only by the filing of the instant
complaint;

6. As the new owner in fee simple, Mr. Navarro already acquired and
deemed subrogated to the rights and privileges available to the original owners
(herein defendants). Consequently, he can now also ipso facto invoke and raise
all relative defenses against adverse parties, even the world;

7. In sum, as per paragraph 04 of the Complaint, the Crux of contention by

the Plaintiffs is that during the lifetime of VICTOR GEORGE TEJERO
ASTUDILLO, husband and father of the plaintiffs, respectively, he was able to
''LEGALLY'' acquire the entirety of subject property registered with ORIGINAL
CERTIFICATE OF TITLE (OCT)-O-292 then under the name of their mother,
TERESA TEJERO ASTUDILLO;

8. On December 18, 1991 at Baguio City, an ‘'ALLEGED'’

ADJUDICATION OF REAL ESTATE WITH WAIVER OF RIGHTS was
purportedly executed and signed by his brother MANUEL/JOSE MANUEL
TEJERO ASTUDILLO and his sister NIEVES ASTUDILLO, who likewise died
intestate and without any issue, both waiving all their rights, shares and interests
in favor of VICTOR GEORGE to be the sole and absolute owner of the whole
property;
 9. Resultantly, VICTOR GEORGE, was able to effect the transfer of OCT-
O-292 from the name of their Mother Teresa to his own name, now Transfer
Certificate of Title (TCT) No. 015-T-2715;

10. On October 13, 2013, after his death on March 09, 2013, plaintiffs as
legal heirs, including Edelveiss I. Astudillo, executed Extra Judicial Settlement
of the Intestate Estate of Victor George T. Astudillo involving several
properties, including herein subject property, that led to the issuance of Transfer
Certificate of Title (TCT) No. 015-2014000036 under their own names;

11. Plaintiffs assert that the DEED OF ABSOLUTE SALE they executed
on May 13, 2016 in favor of JOSE MANUEL T. ASTUDILLO was VOID AB
INITIO for want of consideration for there was no actual money involved and that
there exists a prior side AGREEMENT notarized likewise on May 13, 2016 that
the sale was feigned to appease defendants by that time;

12. Tersely put, the causes of action by the plaintiffs rely heavily on the
premise that, by sequence of events as supported by the documents they
wittingly invoke, plaintiffs are now the true and absolute owner of the subject
portion of lot and that herein defendants have no rights whatsoever to adjudicate
and sell the same to Intervenor Navarro;

13. The various documents referred to under paragraphs 7-11 are in the
exclusive possesion of the Plaintiffs and were already duly presented before the
Court and previously marked in evidence accordingly;

14. In retrospect, MANUEL T. ASTUDILLO, born February 20, 1947,

migrated to the State of Illinois, USA and been residing therein even before 1988.
The defense is in possession of the ORIGINAL HARDCOPY of his Philippine
Passport issued by the Philippine Consulate General, Chicago, Illinois on
July 12, 1988 with validity up to July 11, 1993. The passport will be properly
identified and presented to the court in the course of the trial;

15. Perusal of the entries in that passport will reveal that, MANUEL arrived
in the Philippines on October 28, 1988 and departed our country on November
23, 1988. On November 23, 1988, US date and time, he arrived at the airport and
was admitted by Chicago, Illinois Immigration Service. A photocopy of pages 4
and 5 of his passport bearing said entires is attached as Annex ‘'6'’;

16. On March 17, 1992, he again arrived at Philippine soil. On April 15,
1992 he flew out of the country and ulitmately arrived and admitted at the
Chicago Airport on same date, US time. Photocopies of pages 6&7, pages 8&9
of the passport bearing said entries are attached as Annexes '‘7'’ and ‘'8'’
respectively;

17. Perusing his passport, save as to years 1988 and 1992 particularly the
inclusive dates of arrivals and departure as priorly outlaid, it is established that
Manuel never went home to the Philippines specifically in the calendar year of
1991 as there was no data entry on that same passport to this effect;
 18. With this, it is deemed an ascertained fact that it was indeed
PHYSICALLY IMPOSSIBLE for Manuel to personally execute and sign the
ADJUDICATION OF REAL ESTATE WITH WAIVER OF RIGHTS TO SAME
(attached as Annex ‘'9'’) in favor of Victor George on December 18, 1991 at
Baguio City for the former was not physically present in the country by that rime
as he is in Illinois, USA;

19. By this fact alone, it can be concluded that said instrument is VOID ab
initio for being FORGED and FALSIFIED, a product of felonious design;
authorship of which can be traced in a separate criminal prosecution;

20. Further, captured below is a COMPARO between and amongst the

purported signature affixed on top of the name Manuel Astudillo faithfully lifted
from Annex ‘'9'’ vis a vis the true and genuine signature of Manuel/Jose
Manuel in his 1988-1993 Philippine Passport (Annex ‘'10'’ and ‘'10-1'’), 2004-
2014 US Passport (Annex ‘'10'’), Illinois, USA Driver’s License (Annex
‘'11'’);

- Place here the scanned signatures for Comparo -

21. Even with an untrained eye, stark contrast and difference is patently
obvious and unmistakable as they share none of any similarity in stroke,
curvature and form. Meticulous analysis and comparison of the above specimen
singatures will indeed lead to a definitive conclusion that the first signature is
entirely different and affixed by another hand. Handwriting and signature of every
person is so individual, that it is considered as scientific anomaly that two
different persons cannot write exactly alike;

22. Taken together, a) the fact that Manuel was not physically present in
the country circa 1991 as he is overseas; and b) that his signature in the
Questioned Document is shrewdly forged and falsified by another person as
shown above; overwhelmingly, it can be deduced and indisputably concluded the
Adjudication of Real Estate with Waiver of Rights to Same is NULL and VOID ab
initio;

23. Ergo, with that document found illegal for being forged and falsified,
Victor George, including his heirs and assigns were never vested any right, in
any given time, previous and present, to the pro indiviso share of Manuel to the
subject property bequeathed by their mother, Teresa, by operation of succession
laws, from the time of her demise;

24. Deeply hurt upon the recent discovery of long betrayal by his kin,
Manuel with his wife Viola went home to the Philippines in 2016 to vindicate his
violated right and to seek channels to recover said property. Manuel was
determined to press criminal charges from the forgery of his signature in 1991
leading to the illicit transfer of title;

25. With Manuel now deceased on February 20, 2017, this foregoing fact
and all material details related hereto will be supplied and explained fully by his
wife and daughter, herein defendants, our intended witnesses in support of our
Answer-in-Intervention; thru video conferencing as they are long based in Illinois,
when duly granted leave by the Honorable Court;

26. To avert the toils of litigation, the contending parties found a way and
agreed where in fact all of herein plaintiffs including Edelveiss I. Astudillo, the
daughter of Victor George based overseas, unanimously and voluntarily
executed Deed of Absolute Sale of Real Property on 13th of May 2016;

27. In effect, this is an Act of Reconveyance to the rightful and legal

owner, Manuel/Jose Manuel I. Astudillo, who was surreptitiously and feloniously
robbed of his lawful share since 1991. Confronted with possible legal actions,
plaintiffs were left no recourse but to execute the same;

28. Judicious scrutiny applied, it is beyond logical comprehension and

highly improbable in human experience and ordinary course of business, that any
person voluntarily SELL his very high value property, such as this instance,
WITHOUT ANY MONETARY CONSIDERATION AS PAYMENT. Save as, to an
extremely COMPELLING REASON far larger than PECUNIARY ESTIMATION
such as the present instance;

29. ‘’TO PRESERVE THE CLOSE FAMILY TIES THAT WE SHARE FOR
A LIFETIME’’, quoted verbatim from the Agreement (please refer to plaintiff's
Exhibit ''GG'') executed on the same date with the Deed of Absolute Sale in May
13, 2016 formally returning subject property to Jose Manuel. This proviso is the
last sentence in the said Agreement, duly presented and properly marked in
evidence by the plaintiffs, hence they cannot deny the same so with the defense,
for it is indeed Jose Manuel who concurred and affixed his own signature
thereon;

30. Thwarting a tedious and onerous legal battle, for their convenience,
plaintiffs all agreed unanimously to give back the property, in an effort to
preserve the family peace, via the execution of that Deed of Sale on May 13,
2016. Indeed, the adverse parties had strained relations as a consequence of the
forgery and illegal transfer of the property, in a way, the pain and stress perhaps
contributed to the untimely passing of Jose Manuel in Illinois on February 20,
2017, a few months after his travel to the country;

31. Preserve the family, an admission that tension exists caused by a

great wrong priorly committed, is the primordial and greatest cause and
consideration of the Sale/Return of the property. This is mathematically more
than the Two Hundred Seventy Three Thousand Pesos (PHP273,000.00) stated
purchase price, which in 2016, is way below the fair market valuation per square
meter of the property;

32. Now, they cannot assail and invalidate the document of sale/return of
the property to the legal and rightful owner for want of delivery of purchase price.
The intangible, the preservation of the close family ties that they share for a
lifetime as they affirmed, even millions of money cannot supplant, is the ACTUAL
PRICE and CONSIDERATION;
 33. Importantly, no actual payment of money by Jose Manuel transpired
because of the very fact that he is the LEGAL and ABSOLUTE OWNER of the
subject property by succession reckoned from the death of his mother, Teresa.
His signature was forged and falsified as he was absent in the country the circa
1991. He did not waive his share to his brother Victor George. Upon discovery,
he promptly sought the return of his property from herein plaintiffs in 2016. This
will enlighten each one as to the deeper reason to why no payment was made.

34. Succintly, no person will pay any centavo to recover any property,
personal or real, of which he is the original and rightful owner. Thus, Manuel
did as he should not be paying any amount for the sale/return of his own
property;

35. All the elements of a valid sale are deemed PRESENT and
INCONTROVERTIBLE. The Deed of Sale was only executed as a formality and
fastest route to the return of the subject property sparing all concerned to the
rigors of litigation;

36. The late Atty. Danilo V. Molina, then Registrar of Deeds of Abra, was
the first signatory as a witness together with Ms. Elymar Bernardez, of the
Provincial Assesor’s Office and a relative of the plaintiffs, in that side Agreement
stating that no actual money was involved in the sale. Atty. Molina approved and
caused the entry of the fact of sale in the Transfer Certificate of Title No. 015-
2014000036 on June 28, 2016, 01:56:43 PM after the payment of Capital Gains
Tax (CGT) in the amount of PHP 57,330.00 and Documentary Stamp Tax (DST)
of PHP 14,330.00 at the BIR. Likewise, Ms. Elymar Bernardez interposed no
objection to the issuance of Tax Declaration No. 39985 (Annex ''10'') in the
name of Jose Manuel T. Astudillo.

37. The entry of sale in TCT No. 015-2014000036 and TD No. 39985 are
the very documents sought for cancellation by this suit. Atty Molina, being
knowledgible of the law and the approving authority, should never had granted
and caused the entry of sale in the face of the Title if in reality the sale was void
for being simulated. The same applies with Ms. Elymar Bernardez, a ranking
employee of the provincial assesor's office, should have challenged the issuance
of the tax declaration;

38. Atty. Molina and Ms. Bernardez are privy and fully aware and
cognizant of the real reasons behind the execution of the deed of sale and side
agreement as earlier discussed. Exercising the extraordinary diligence required
of public officers, they were conduits and even gave their imprimatur to the
transactions consummated in their respective offices. Consequently, these
documents are all in order, valid and legal in the auspices of the law. Herefore,
title to said property should not be subject to collateral attack as this instance;

39. These considered, Intervenor Navarro is a purchaser in good faith for

value; specifically, categorically and vehemently denying the asseverations of the
plaintiffs to the contrary. At the time of the purchase, he strongly relied on the
fact of sale appearing in the Title and the Tax Declaration under the name of
Jose Manuel. To date, these documents remain all valid, legal and standing in
the absence of court declaration stating otherwise;
 40. Albeit, intervenor also knows the story behind said property years
before as it was confided by Jose Manuel and Ms. Viola being close friends for
so long. Intervenor at the time of buying the property on October 26, 2020, he is
not aware of the instant complaint filed and recieved by this Court on September
24, 2020 for he was not a party defendant thereon. It was only in the ensuing
months, long after the defendants were declared in default had he known the
existence of the case promptly engaging the services of a law firm in Metro
Manila to preserve his interests;

41. Payments of Real Property Taxes by the plaintiffs are not conclusive
evidence of their ownership on the share of Jose Manuel. They are obligated to
pay the same, being in the Philippines and as owners of the larger part of the
whole property;

42. Summation of antecedent facts with due consideration of documents

presented, it appears that Victor George, his heirs and assigns, herein plaintiffs
never had any right or claim of title to the pro indiviso share of Manuel. Plaintiffs'
claims are founded on illegal premise, the forged Waiver of Rights in 1991, which
they themselves rectified via the execution of the Deed of Sale in 2016 returning
subject property to the rightful owner Jose Manuel down to his compulsory heirs,
herein defendants, whose rights and privileges now validly conveyed and
transferred to Intervenor Navarro, an innocent purchaser in fee simple on
October 26, 2020;
43. Tersely put, the Entry of Sale in TCT No. 015-2014000036 of the 273
square meters executed by plaintiffs effectively returning the pro indiviso share
of Jose Manuel, the Tax Declaration No. 39985 consequently issued under
Jose Manuel's own name and the Extrajudicial Adjudication of Real Property
with Deed of Absolute Sale dated October 26, 2020 executed by defendants
Viola Astudillo and Kristiana Eva Astudillo-Miron in County of Cook, Illinois, USA
are deem considered VALID, LEGAL and IN ORDER. As such, they should not
be disturbed, cancelled or rendered void by virtue of this suit or any intended
future actions and proceedings of similar nature;

44. Above ratiocinations painstakingly and judiciously considered, the

attempt to challenge, invalidate and cancell all these documents must FAIL. The
plaintiffs' causes of action are BEREFT of MERIT and found wanting of
FACTUAL and LEGAL BASES.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed unto

this Honorable Court that, after due notice and hearing on the merits, judgment
be RENDERED:

1. Declaring that the Adjudication of Real Estate with Waiver of Rights

to Same dated 18th December 1991, in Baguio City VOID ab initio for the
signature of Manuel Astudillo was forged and falsified;

2. Declaring that the Deed of Absolute Sale of Real Estate executed by

the Plaintiffs and Ms, Edelveiss I. Astudillo dated May 13, 2016 in favor of Jose
Manuel T, Astudillo is VALID in all respects for it was founded on a legitimate
consideration that is the preservation of close family ties;
 3. Declaring that the defendants Viola Astudillo and Kristiana Eva
Astudillo-Miron possess all the legal authority to execute the Extra-Judicial
Adjudication of Real Property with Deed of Absolute Sale notarized in Illinois,
USA in favor of Intervenor Lino Rosales Navarro on October 26, 2020 and that
the same is VALID and IN ORDER in our jurisdiction;

4. Ordering the cancellation of the adverse claims of the Plaintiffs

before the Registrar of Deeds and Provincial's Assesors Office;

5. Ordering the issuance of Tax Declaration and Transfer Certificate of

Title in the name of Intervenor Lino Rosales Navarro, being the buyer in good
faith, of the 273 square meters pro indiviso unseggregated share of Jose Manuel
T. Astudillo;

6. Ordering the Eviction of the Plaintiff's on the occupied part of the

subject property;

7. Issuance of a Writ of Demolition covering whatever improvements

made and constructions erected on the subject area;

8. Ordering the Plaintiffs to pay actual, moral and exemplary damages

including attorneys fees and costs of suit; and

Other reliefs just and equitable under the circumstances are likewise
prayed for.

Bangued, Abra, Philippines

18th January 2022

ATTY. EDMUND B. BAYLE

Counsel for Movant-Intervenor

Partelo St., Zone 2, Bangued, Abra
IBP OR No. 103968
PTR NO.
983527/01-06-2022/Bangued,Abra
Roll No 51294
MCLE Compliance No. VI-0016835
March 18, 2020
E-mail: ebbayle418@gmail.com
Mobile No. 0935 140 864

VERIFICATION and CERTIFICATION AGAINST

FORUM SHOPPING

I, LINO ROSALES NAVARRO, Filipino, married, of legal age, and with postal
address at c/o Norma Blanco, Villamor, Manzano Street, Zone 5, Bangued, Abra, under
oath deposes and states that I am the Movant-Intervenor in the above-entitled action. I
have caused the preparation of the foregoing Verified Answer to the Complaint in
Intervention with Compulsory Counterclaims, I have read and understood the contents of
the same and i certify that all allegations of fact therein are true and correct of my
personal knowledge and based on authentic documents and records. That i have not
commenced any action or claim except to herein compulsory counterclaims in any court,
tribunal, or quasi-judicial agency and that to best of my knowledge no such other action
or claim is pending and that i shall report to the court within five (5) days when a
compalint or initiatory pleading has been filed.

IN WITNESS WHEREOF, I hereunto set my hand this ___ day of January 2022
at Bangued, Abra.

LINO ROSALES NAVARRO

SUBSCRIBED AND SWORN TO before me this ___ day of January 2022, In

Bangued, Abra, affiant exhibiting unto me his Non-Professional Dirver’s License No.
A08-03- 022504, valid until 05 April 2024 as competent proof of his identity.

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2022