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REPUBLIC OF THE PHILIPPINES

National Capital Judicial Region


REGIONAL TRIAL COURT
BRANCH 76
QUEZON CITY

IN RE: PETITION FOR SPECIAL PROCEEDINGS


ALLOWANCE OF THE WILL OF NO. _________
OLIVIA CORTEZ CRUZ,
Deceased.

JANELLE DAPHNE LOPEZ For: Probate of Will


RABANG,
Petitioner.

X----------------------------------X

PETITION

WITH ALL DUE RESPECT TO THE HONORABLE COURT, the


Petitioner, through the undersigned counsel, respectfully files this
Petition and in support hereof, avers that:

1. The Petitioner is single, of legal age, Filipino citizen, and


resident of #117 New Lucban Extension, Baguio City, where she
can be served with summons and other processes of this
Honorable Court;

2. Olivia Cortez Cruz died single and childless on August 8, 2018


at the Quezon City General Hospital. A copy of the Death
Certificate of Olivia Cortez Cruz is hereto attached and marked
as Annex “A”. She left a Last Will and Testament executed on
February 7, 1997, in accordance with the forms and solemnities
prescribed under the laws of the Republic of the Philippines. A
copy of thereof is hereto attached and marked as Annex “B”
and made an integral part of this petition. She named the
Petitioner JANELLE DAPHNE RABANG as the sole executor
and custodian of the Last Will and Testament and shall serve
without bond;

3. At the time of her death, Olivia Cortez Cruz is an inhabitant of


the Philippines and a resident of #47 P Guevarra St., Anaklahi,
Quezon City;

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4. During her lifetime, Olivia Cortez Cruz was able to acquire
numerous real properties, to wit:

(a) One half (1/2) interest over a two-storey residential


house and lot, covered by TCT No. 19-0-05, with Tax
Declaration No. 00-TN-119-0102, and co-owned with
her brother Anacleto Cortez Cruz. A copy of the
Certificate of Title is hereto attached and marked as
Annex “C”;

(b) One fourth (¼) of a communally owned lot that she


shares with her siblings located at Brgy. Kaawa-awa,
Taytay, Rizal, covered by TCT No. M-69770, Tax
Declaration No. 00-TN-2453-8634, and with a total
area of Twelve Thousand Five Hundred Sixty Eight
square meters (12, 568 sq m). A copy of the
Certificate of Title is hereto attached and marked as
Annex “D”;

(c) One half (½) interest over a property located in Plaza


Aldea, Taytay, Rizal, covered by TCT No. M-28813,
with an area of Two Thousand Seven Hundred Thirty
Seven square meters (2,737 sq m). A copy of the
Certificate of Title is hereto attached and marked as
Annex “E”;

(d) A parcel of land designated as Lot No. 3289, covered


by TCT No. M-28810 with Tax Declaration 00-TN-
001-0483, located at Plaza Aldea, Tanay, Rizal, with
a total area of One Thousand One Hundred Forty
Four square meters (1, 144 sq m). A copy of the
Certificate of Title is hereto attached and marked as
Annex “F”;

(e) One half (½) interest over a tract of agricultural land


located at Sitio Tuluan, Tanay, Rizal, covered by TCT
No. M-38805 with Tax Declaration 00-TN-001-0485
with an area of Sixty Eight Thousand Five Hundred
Eighty square meters (68, 580 sq m). A copy of the
Certificate of Title is hereto attached and marked as
Annex “G”;

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5. The testatrix Olivia Cortez Cruz also left several personal
properties, to wit:

(a) One set of diamond jewelries with total fair market


value of Nine Hundred Eighty Eight Thousand Three
Hundred Pesos (P 988,300.00);

(b) Three Omega watches with a fair market value of


Two Hundred One Thousand Eight Hundred Twenty
Six Pesos (P 201, 826.00) each;

(c) Two Rolex watches with fair market value of Four


Hundred Eighty Four Thousand, Seven Hundred
Forty Six Pesos (P 484, 746.00) each;

(d) Bank Account amounting to One Million Two


Hundred Thousand Pesos (P 1,200,000.00)
deposited with the Philippine National Bank, Quezon
City Branch covered by Account No. 01528. A copy
of the Bank Statement of Accounts is hereto
attached and marked as Annex “H”;

6. The estimated gross value of the estate of Olivia Cortez Cruz is


SIX MILLION, EIGHT HUNDRED THOUSAND PESOS (P 6,
800,000.00), more or less;

7. The testatrix Olivia Cortez Cruz named the following as her


beneficiaries in the Last Will and Testament:

a) CECILIA CORTEZ CRUZ, the decedent’s sister, of


legal age, single and a resident of #23 Zamora St.,
Anaklahi, Quezon City, where she may be served
notices and processes from the Honorable Court;

b) ALBERTO CORTEZ CRUZ, the decedent’s brother, of


legal age, married, and resident of #458 Burgos St.,
Anaklahi, Quezon City, where she may be served
notices and processes from the Honorable Court;

c) ALEX CRUZ, ORLY CRUZ, CHRISTOPHER CRUZ,


ANNA CRUZ, and KARINA CRUZ, the decedent’s
nephews and nieces to her deceased brother Anacleto
Cortez Cruz, and who are all of legal age, Filipino
citizens, and residents of # 49 P. Guevarra St., Anak-
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Lahi, Quezon City, where they can be served notices
from the Honorable Court;

d) KURDEL JOHANSEN PAROY and JOSEPH


MICHAEL DIMALANTA, both of legal age, both single,
Filipino citizens, and residents of #23 Sampaguita St.,
Sampaloc, Quezon City, where they can be served
notices from the Honorable Court;

e) BAHAY PAG-ASA, represented by its administrator


GILBERTO SALESO, located at #43 Diego St., Silang,
Cavite, where they can be served notices from the
Honorable Court;

8. The testatrix Olivia Cortez Cruz passed on with no known


debts;

9. The testatrix, at the time of the execution of the said will, was 60
years of age, of sound and disposing mind, not acting under
duress, fraud, or undue influence and was in every respect
capacitated to dispose of her estate by will;

10. The Petitioner is legally qualified, competent, willing, and ready


to accept the appointment as executor of the Last Will and
Testament and hereby signifies her willingness to serve and
discharge her duties and responsibilities as such;

PRAYER
Wherefore, premises considered, it is respectfully prayed upon
this Honorable Court that after due notice and hearing, the probate
court shall render a judgement declaring that:

(a) Upon proper notice, publication and hearing, the above-


described Last Will and Testament of OLIVIA CORTEZ
CRUZ be approved, allowed, and admitted for probate;

(b) The letters testamentary be issued in favor of petitioner


JANELLE DAPHNE RABANG, as executor without bond;

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

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Baguio City for Quezon City, Philippines. August 26, 2018.

ATTY. JOANNE VHALE MILAN


Counsel for the Petitioner
Notary Public for Baguio City
Valid until December 31, 2018
Notarial Commission No. N.A. 25-NC-18-R
Roll of Attoneys No. 74557; April 29, 2018
PTR No. 29575485; 05/02/18; Baguio City
IBP Lifetime Membership No. 1077942; 04/29/18
Baguio-Benguet Chapter
th
Suite 507, 5 Floor, National Life Insurance Building
Session Road, Baguio City

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VERIFICATION AND CERTIFICATION
OF NON-FORUM SHOPPING

I, JANELLE DAPHNE LOPEZ RABANG, of legal age, single,


Filipino citizen, and resident of #117 New Lucban Extension, Baguio
City, after having been duly sworn in accordance with law, hereby
depose and state that:

I am a petitioner in the above-stated case;

I caused the preparation of the foregoing petition;

I have read the contents thereof and the facts stated therein are
true and correct of my personal knowledge and/or on the basis of
copies of documents and records in my possession;

I have not commenced any other action or proceeding


involving the same issues in the Supreme Court, the Court of
Appeals, or any other tribunal or agency;

To the best of my knowledge and belief, no such action or


proceeding is pending in the Supreme Court, the Court of Appeals, or
any other tribunal or agency;

If I should thereafter learn that a similar action or proceeding


has been filed or is pending before the Supreme Court, the Court of
Appeals, or any other tribunal or agency, I undertake to report that
fact within five (5) days therefrom to this Honorable Court.

IN WITNESS WHEREFOR, I have hereunto set my hand this


th
26 day of August, 2018.

JANELLE DAPHNE LOPEZ RABANG


Affiant
LTO License No. A05-14-005295
Issued by Land Transportation Office

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SUBSCRIBED AND SWORN to before me this 26th day of
August, 2018 at Baguio City, Philippines, by Janelle Daphne Rabang
who has satisfactorily proven his identity to me through his LTO
License No. A05-14-005295 valid until February 20, 2020, that she is
the same person who personally signed the foregoing Verification
and Certification of Non-Forum Shopping.

ATTY. JOANNE VHALE MILAN


Notary Public for Baguio City
Valid until December 31, 2018
Notarial Commission No. N.A. 25-NC-18-R
Roll of Attoneys No. 74557; April 29, 2018
PTR No. 29575485; 05/02/18; Baguio City
IBP Lifetime Membership No. 1077942; 04/29/18
Baguio-Benguet Chapter
th
Suite 507, 5 Floor, National Life Insurance Building
Session Road, Baguio City

Doc. No. _6_;


Page No. _2_;
Book No. _III_;
Series of 2018.

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Copy Furnished:

CECILIA CORTEZ CRUZ


#23 Zamora St., Anaklahi, Quezon City

ALBERTO CORTEZ CRUZ


#458 Burgos St., Anaklahi, Quezon City

ALEX CRUZ
# 49 P. Guevarra St., Anak-Lahi, Quezon City

ORLY CRUZ
# 49 P. Guevarra St., Anak-Lahi, Quezon City

CHRISTOPHER CRUZ
# 49 P. Guevarra St., Anak-Lahi, Quezon City

ANNA CRUZ
# 49 P. Guevarra St., Anak-Lahi, Quezon City

KARINA CRUZ
# 49 P. Guevarra St., Anak-Lahi, Quezon City

KURDEL JOHANSEN PAROY


#23 Sampaguita St., Sampaloc, Quezon City

JOSEPH MICHAEL DIMALANTA


#23 Sampaguita St., Sampaloc, Quezon City

GILBERTO SALESO
Administrator of Bahay Pag-Asa
#43 Diego St., Silang, Cavite

OFFICE OF THE SOLICITOR GENERAL


#134 Amorsolo Street, Legaspi Village
Makati City

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OFFICE OF THE CLERK OF COURT
RTC Br. 76, Quezon City
National Capital Judicial Region

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