IN THE MATTER OF PROBATE OF THE WILL OF JAMES R.

LUSTRE, Naddie C. Lustre, Petitioner

SP. PROC. NO. R-CEBU-16-00100-SP
HON. Estela Alma A. Singco
RTC 7th Judicial Region
BRANCH 12 Cebu City
JUDICIAL AFFIDAVIT OF PETITIONER NADDIE C. LUSTRE
I, Naddie C. Lustre, of legal age, married, and living at No. 23-A Ma.
Cristina St., Cebu City, petitioner in this case, state under oath as follows:
PRELIMINARY STATEMENT
The person examining me is Atty. Jullie Ann M. Padayao with address at V.
Urgello St., Sambag II District, Cebu City. The examination is being held
at the same address. I am answering his questions fully conscious that I do
so under oath and may face criminal liability for false testimony and perjury.
PURPOSE: This affidavit/testimony of petitioner Naddie C. Lustre
is executed to serve her direct testimony in the instant case. It is being
offered to prove that as named executor and as the widow of deceased
whose will is the subject of the probate proceeding, she has the
required legal interest in the estate to file a petition for probate, and to
show that there is compliance with law to bestow upon the court
jurisdiction to decide on said petition.
1.

Q. Please state your name and other personal circumstances for

the record.
A. My name is Naddie C. Lustre, of legal age and the widow of James
R. Lustre, deceased whose will is subject of this probate
proceeding. I am a resident of No. 23-A Ma. Cristina St., Cebu
City.

2. Q. Are you the same Naddie C. Lustre as the petitioner in this case?
A. Yes sir.
3. Q. How are you related to deceased James R. Lustre?
A. He was my husband. We got married on August 15, 1991 at Cebu
City.
4. Q. Do you have any proof of this marriage?
A. Yes, our marriage certificate is attached to my petition for probate
of will, attached thereto as Annex G.
5.

Q. I am showing to you a certified true copy of a marriage

certificate. Is this the same certificate you referred to as having
been attached to your petition?
A. Yes, it is.

6. Q. When did he die?

A. He died on January 8, 2016.
7. Q. Do you have of proof of his death?
A. Yes sir, I have attached his death certificate as Annex A in my
petition for probate.
8. Q. Do you have children with deceased James R. Lustre?
A. We have one (1) child named and identified as John Lustre, now of
legal age.
9. Q. Do you have proof of such birth and paternity?
A. Yes, I also attached a certified true copy of John Lustres birth
certificate in the records of herein petition for probate of will of
James R. Lustre.
10. Q. I am showing to you a copy of birth certificate. Is this the same
certificate that you are referring to?
A. Yes.
11. Q. Where does John Lustre reside?
A. He lives in the same address as myself, No. 23-A Ma. Cristina St.,
Cebu City.
12. Q. Who had and who has custody of the will of James R. Lustre now?
A. I had custody of the will and I delivered the same to my counsel to
have it copied and attached to my petition. I have custody of the
original now which I will present to court upon its order.
13. Q. What are the properties included will of the deceased?
A. My deceased husband left two properties: a house and lot located
in Mandaue City and an apartment located at Pelaez St., Cebu City.
14. Q. Do you have monuments of title to prove such ownership?
A. Yes, attached to my petition for probate of will are the Transfer
Certificate of Titles to said properties.
15. Q. I am showing you two transfer certificates of title. Are these the
same certificate of titles that you are referring to?
A. Yes.
16. Q. What is the probative value of the properties left by the decedent?
A. The tax declarations of the properties herein mentioned are valued
at estimates of eight hundred thousand (800,000) and five hundred
thousand (500,000) Philippine pesos.
17. Q. Do you have a copy of these tax declarations?
A. Not anymore, sir. I attached these to my petition for probate of
will, sir. They were attached thereto as Annex E and F.
18.Q. I am showing you copies of tax declarations. Are these the same
documents you were referring to?

A. Yes, sir.
19. Q. Have you complied with the publication requirement?
A. Yes, we had the Order of the Court publish with Sunstar Cebu.
20. Q. Tell me about the details of the publication.
A. We had it published once a week for three consecutive weeks,
March 23, 30 and April 6, 2016 in Sunstar Cebu.
IN WITNESS WHEREOF, I have hereunto set my hand this 22 nd
day of March 2016 at Cebu City, Philippines.
Naddie C. Lustre
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in

and for Cebu City this 22nd day of March 2016. Affiant personally came and
appeared with her passport ID issued by the Department of Foreign Affairs
on June 12, 2013 at Cebu, bearing her photograph and signature, known to
me as the same person who personally signed the foregoing instrument
before me and avowed under penalty of law to the whole truth of the
contents of said instrument.
Atty. Genera Luna
NOTARY PUBLIC UNTIL DECEMBER 31, 2016
COMMISSION NO. 143 SEPTEMEBER 25 ,2014
PTR NO. 23455432 01/02/2015 CEBU CITY
IBP NO. 987622 01/02/2015 CEBU CITY
ROLL NO. 11123 TIN NO. 1265-67- 236
72 A D. JAKOSALEM ST., CEBU CITY

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I, Atty. Jullie Ann M. Padayao, of legal age, Filipino, with postal
address at V. Urgello St., Sambag II District, Cebu City, after being duly
sworn depose and say:
1. I was the one who conducted the examination of witness Naddie
C. Lustre at my aforementioned office in V. Urgello St., Sambag
II District, Cebu City;
2. I have faithfully recorded or caused to be recorded the questions I
asked and the corresponding answer that the witness gave;

3. I nor any other person then present or assisting her coached the
witness regarding her answers;
IN WITNESS WHEREOF, I have hereunto set my hand this 22 nd
day of March 2016 at Cebu City, Philippines.
ATTY. Jullie Ann M. Padayao
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in

and for Cebu City this 22nd day of March 2016. Affiant personally came and
appeared with Drivers License issued by the Land Transportation Office on
September 29, 2015 at Cebu City, bearing her photograph and signature,
known to me as the same person who personally signed the foregoing
instrument before me and avowed under penalty of law to the whole truth of
the contents of said instrument.
Atty. Genera Luna
NOTARY PUBLIC UNTIL DECEMBER 31, 2016
COMMISSION NO. 143 SEPTEMEBER 25 ,2014
PTR NO. 23455432 01/02/2015 CEBU CITY
IBP NO. 987622 01/02/2015 CEBU CITY
ROLL NO. 11123 TIN NO. 1265-67- 236
72 A D. JAKOSALEM ST., CEBU CITY

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