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Republic of the Philippines

Department of Justice
National Prosecution Services
OFFICE OF THE CITY PROSECUTOR
Iloilo Hall of Justice
Iloilo City

FERNANDO JUNSAN
Complainant,

NPS DOCKET NO.

VI-10 INV14F 0044

-versus FOR: Estafa through Falsification


of Public Document
HENRIC PUERTOLLANO,
ENRIQUETA PUERTOLLANO,
TERESITA JUNSAN,
JUANITA JUNSAN,
NEMESIO JUNSAN,
DIONISIO JUNSAN,
MILAGROS JUNSAN,
MOISES JUNSAN,
JOSEFINA JUNSAN,
MYRNA JUNSAN,
ANTONIO JUNSAN,
Respondents.
x---------------------------------------x
COMMENTS/OPPOSITION TO THE MOTION
F O R R E C O N S I D E R AT I O N F I L E D BY T H E
COMPLAINANT
RESPONDENTS TERESITA, JUANITA, NEMESIO,
DIONISIO, MILAGROS, MOISES, JOSEFINA , MYRNA and ANTONIO,
all surnamed JUNSAN, though the undersigned counsel, unto the Honorable
City Prosecutor , respectfully file their comments/opposition to the motion
for reconsideration filed by the Complainant, on the resolution of the
Honorable City Prosecutor dismissing the instant complaint and state as
follows:
1. That, Respondents all surnamed JUNSAN have received through
the undersigned Counsel the Resolution of the Honorable City Prosecutor
dated December 12, 2014, dismissing the instant complaint against them ;

2. That, thereafter, the Respondents have received on January


20,2015, the motion for reconsideration of the same resolution filed by the
Complainant through Counsel ;
3. That, the Respondents would like to reiterate and respectfully
invite the attention of the Complainant that they are all legitimate heirs of
their late parents and as such anyone of them is entitled to a share in the
property and they can sell the aliquot portion of their shares being co-heirs
and subsequently co-owners;
4. That, the Respondents JUNSAN siblings have never committed
any acts of fraud or falsification because they just declared that they are
legal and absolute heirs of the late Santiago Junsan- their father , the fact has
been recognized already by the Complainant as the eldest of all the siblings;
5. That, the allegations in the Motion for Reconsideration of the
Complainant, number 2 paragraph 2, sentence 3 contained in page two of the
aforementioned pleading which says that the brothers and sisters declared
that they are the only heirs of their late father is fictitious since the face of
the document would reveal that, they declared only in paragraph 1 after
WITNESSETH: that they are legal and absolute heirs of the late Santiago
Junsan. They have never indicated in the document the word ONLY
contrary to the false allegations of the complainant. The document
denominated as Annex 1- DEED OF ADJUDICATION WITH SALE
with emphasis of underline provided by the respondents is herein attached
and form an integral part of this comment;
6. That, the Respondents JUNSAN siblings would like to reiterate
again that prior to the execution of the questioned document attached as
Annex 1, there was a prior document labelled as Annex 2 DEED OF
EXTRAJUDICIAL ADJUDICATION AND PARTITION, which was
executed by all siblings including the complainant . The validity and due
execution of the public document has never been questioned by the
Complainant who was a party to the document. In this document there was
already a partition agreement between the complainant and the respondents
and this explained the fact that, the respondents have the right to sell the
portion of their inherited property;
7. Thus, with the foregoing arguments, the Complainants motion for
reconsideration to charge the respondent with the crime of falsification is
baseless and untenable because they have never fabricated an information
about their being legitimate heirs. They have not committed any form of
fraud, false pretense or any insidious machinations or fabrication of
information since all their declarations are truthful narrations of the fact that
they are legitimate heirs of their deceased father;

PRAYER
WHEREFORE PREMISES considered, it is respectfully
prayed unto this Honorable City Prosecutor that,the motion for
reconsideration of the Complainant be DENIED, as it has no legal and
factual basis;
The Respondents also pray for other reliefs and remedies as
may be just and equitable under the premises.
RESPECTFULLY SUBMITTED to the KIND CONSIDERATION OF THE
HONORABLE CITY PROSECUTOR.
Iloilo City, Philippines, February 4, 2015.
ATTY. SALEX E. ALIBOGHA
Counsel for the Respondents JUNSAN SIBLINGS
Roll of Attorneys No. 46424
IBP Lifetime No. 657901,1-4-06,Iloilo City
PTR No.4812357 ,1-5-15, Iloilo City
MCLE Exemption Compliance No. IV-001388, August 28,2013
Address of Counsel:
A1 Passers Review Center
nd
2 Floor, Sommerset Building, Panaderia ni Pa-a
Lopez Jena St., Jaro,Iloilo City,Philippines, 5000
Telephone No. (033)-320-2728
COPY FURNISHED:
TIROL AND TIROL LAW OFFICES
COUNSEL FOR THE COMPLAINANT FERNANDO JUNSAN
156 BURGOS STREET, ILOILO CITY
RECEIVED PERSONALLY BY:
_____________________________
DATE AND TIME RECEIVED: