REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

SEVENTH JUDICIAL REGION
RTC BRANCH 5, CEBU CITY

RE: PROBATE OF THE HOLOGRAPHIC

WILL OF THE DECEASED KEN APPORD.,
SP PROC. No. 0023

KENNETH APPORD,
Petitioner,
x ----------------------------------------------- x

FORMAL OFFER OF EVIDENCE

COMES NOW the plaintiff, through the undersigned counsel and

unto this Honorable Court, most respectfully offer the following Exhibits, to
wit:

1. Exhibits “A” – Petition for the Probate of the Holographic will of the
deceased Ken Appord, initiated by Kenneth Appord in this Honorable
Court on February 16, 2018.

PURPOSE:
 Offered to prove jurisdictional facts for the Petition of
Probate of Holographic will so that this Honorable Court
may assume jurisdiction over the aforesaid Petition.

Exhibits “A-1” “A-2” “A-3” “A-4” “A-5” – Page 2, 3, 4, 5, 6

subsequently of Petition for the Probate of the Holographic will of the
deceased Ken Appord, initiated by Kenneth Appord in this Honorable
Court on February 16, 2018.

PURPOSE:
 Offered to prove jurisdictional facts for the Petition of
Probate of Holographic will so that this Honorable Court
may assume jurisdiction over the aforesaid Petition.

Exhibit “A-6” – Signature of Petitioner Ken Appord appearing at the

last page of the Petition.

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 PURPOSE:
 Offered to prove affirmation of the Petitioner of all the facts
stated in the Petition, and that Petitioner submits itself to
the jurisdiction of this Honorable Court.

2. Exhibits “B” – Order of this Court setting the initial hearing of the
Petition on March 28, 2018 at 8:30AM at Branch 5 of RTC Cebu,
Quimonda Building.

PURPOSE:
 Offered to prove the assumption of this Honorable Court of
jurisdiction over the Petition for Probate of the Holographic
Will of Ken Appord.

3. Exhibit “C” – Notice of Order to Atty Franzel Ray B. Acbay and

Kenneth Appord dated February 19, 2017 issued by this Court.

PURPOSE:
 Offered to prove the compliance to the procedural requisite
of sending of Notice to all heirs, devisees, legatees and
creditors of the estate was complied with. Notice was sent
to Kenneth Appord and his Counsel Atty Acbay, being that
the estate has no known creditors and the Petitioner herein
is the only heir.

Exhibit “C-1” – Registry Receipts of the Notice of Order sent to

Kenneth Appord and his counsel, Atty Franzel Acbay through
Registered Mail on February 27, 2018.

PURPOSE:
 Offered to prove the compliance to the procedural requisite
of sending of Notice to all heirs, devisees, legatees and
creditors of the estate was complied with.

4. Exhibit “D” – Affidavit of Publication executed by Patrick S. Starson,

Classified Ads Manager of Cebu Daily News Inc. on March 26, 2018,
attesting on the publication of an Order with Notice of time and place
of the Probate of the Will of Ken Appord on Feb 21, Feb 28 and March
7, 2018 in Cebu Daily News.

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 Exhibit “D-1” – Newspaper clipping of the classified ads of Cebu Daily
News on February 21, 2018 bearing the publication of the Order with
Notice of time and place of the Probate of the Will of Ken Appord.

Exhibit “D-2” – Newspaper clipping of the classified ads of Cebu Daily

News on February 28, 2018 bearing the publication of the Order with
Notice of time and place of the Probate of the Will of Ken Appord.

Exhibit “D-3” – Newspaper clipping of the classified ads of Cebu Daily

News on March 7, 2018 bearing the publication of the Order with Notice
of time and place of the Probate of the Will of Ken Appord.

PURPOSE:
 Offered to prove the compliance to the procedural requisite
of publication of the Order with Notice of time and place of
the Petition in a newspaper of general circulation once a
week for three weeks.

5. Exhibit “E” – The holographic will of Ken Appord executed on

February 14, 2017.

PURPOSE:
 Offered to prove the existence and due execution
according to the formalities provided by law of the
holographic will subject of this Petition for Probate of
Holographic Will of Ken Appord.

6. Exhibit “F” – The certificate of death of Ken Appord dated February

1, 2018.

PURPOSE:
 Offered to prove the fact of death of Ken Appord on
February 1, 2018 by reason of an Ischemic Heart Attack.

7. Exhibit “G” – Statement of Account of expenses incurred from Chong

Hua Hospital on February 16, 2017.

PURPOSE:
 Offered to prove the fact that Ken Appord was admitted in
the Emergency Room and underwent open-heart surgery
on February 16, 2017.

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8. Exhibit “H” – Unified Multi-purpose ID of Ken Appord from the
Government Service Insurance System, PhilHealth and PAG-IBIG
bearing the signature of the deceased Ken Appord.

Exhibit “H-1” – Commission on Elections Voter’s ID of Ken Appord

bearing the signature of the deceased Ken Appord at the dorsal portion
of the ID.

PURPOSE:
 Offered to prove that the signature appearing in the
holographic will is the same customary signature of Ken
Appord during his lifetime.

9. Exhibit “I” – Mental Status report of Ken Appord executed by Dr Sai

Cologist on February 13, 2017 providing the finding that patient had
sound and reasonable judgment.

PURPOSE:
 Offered to prove at the time of the execution of the
holographic will,

10. Exhibit “J” – Judicial Affidavit executed by petitioner Kenneth

Appord dated February 16, 2018.

PURPOSE:
 Offered to prove the following:
o Kenneth Appord is the petitioner in this case;
o The deceased was his father, Ken Appord;
o That the holographic will executed February 14, 2017
was executed with the sound mind and free will of the
testator;
o That the signature appearing in the will is testator’s
genuine signature;
o That testator died on February 1, 2018;
o That petitioner is the sole heir of the testator; and
o All other matters related to the allegations in the
petition.
 Comply with the procedural requisite of presentation of at
least 3 witnesses to attest to the signature appearing in a
contested holographic will.

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11. Exhibit “K” – Judicial Affidavit executed by Atty Lau Yer Ko on
February 17, 2018.

PURPOSE:
 Offered to prove the following:
o Lau Yer Ko was present during the execution of the
holographic will of decedent Ken Appord;
o Lau Yer Ko witnessed that the decedent personally
executed the will with his own handwriting;
o All other matters related to the allegations in the
petition.
 Comply with the procedural requisite of presentation of at
least 3 witnesses to attest to the signature appearing in a
contested holographic will.

12. Exhibit “L” – Judicial Affidavit executed by Michelline Star on

February 17, 2018.

PURPOSE:
 Offered to prove the following:
o Michelline Star was a bookkeeper of Appord family
for 6 years
o She is familiar with the signature of Ken Appord by
reason of her employment
o That the signature appearing in the holographic will
is the customary signature
o All other matters related to the allegations in the
petition.
 Comply with the procedural requisite of presentation of at
least 3 witnesses to attest to the signature appearing in a
contested holographic will.

13. Exhibit “M” – Judicial Affidavit executed by Dr. Sai Cologist on

February 17, 2018.

PURPOSE:
 Offered to prove the following:
o That a psychologic exam was conducted on
decedent on Feb 13, 2017 by Dr. Sai Cologist
o That upon the examination decedent was
determined to be of sound mind and good judgment

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 o Authenticate the Mental Status Report of Ken Appord
executed on February 13, 2017
o All other matters related to the allegations in the
petition.

PRAYER

WHEREFORE, it is most respectfully prayed that these Exhibits be

admitted.

Cebu City, Cebu March 19, 2018.

ATTY. FRANZEL RAY B. ACBAY

Notary Public
FOR THE CITY AND PROVINCE OF CEBU
NOT.COMM.REG.No.38 Until DEC 31, 2014
IBP NO. 221564, 1/02/12, Cebu City
PTR NO. 8679056, 1/02/12, Cebu City
ROLL ATTORNEY No. 513234
MCLE Comp. No. IV-0004123, 3/2/12

Doc. No. 520;

Page No. 101;
Book No. LXII;
Series of 2014.