REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
PARANAQUE CITY
BRANCH 274

IN RE: PETITION FOR PROBATE OF

WILL OF ELISA D. DAVADILLA
SPEC. PRO. NO. 10-0126
AVEGALE DAVADILLA-DELA CRUZ For: Probate of Will
Petitioner.

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OPPOSITION TO PROBATE OF WILL

Comes now oppositor, through counsel, and to this Honorable Court

respectfully alleges:

1. That oppositor is related to Elisa Davadilla and Avegale C. Davadilla-Dela

Cruz as she is an adopted child by nature of her father Primo Davadilla,

Jr., the husband of testator (a copy of her birth certificate is attached

hereto as Annex “A”) and is of age and is a resident of 6 #1 Adelina I Bldg.

Yale cor. Columbia St., Cubao, Quezon City where she may served

summons and other court processes;

2. That on February 4, 2011, a notice of initial hearing on the probate of the

will of Elisa Davadilla, hereafter the testator, setting said initial hearing for

January 26, 2011, was handed to oppositor by the owner of a laundry

shop located in the same building where she lives;

3. That the employees of the laundry shop where the notice was sent to

could not tell oppositor the exact date they received said notice;

4. That oppositor was surprised at the contents of the petition for probate

and the supposed will of the testator as well as with the allegations made

therein;

5. That said petition as well as the last will are tainted with inconsistencies

and lies and are obviously meant to serve only the interests of petitioner

while blatantly disregarding the rights and interests of herein oppositor;

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6. That the will was procured by undue and improper pressure and influence

on the part of the beneficiary and that this constitutes sufficient ground for

the disallowance of the will in accordance with Sec. 9 Rule 76 of the Rules

of Court;

7. That it is not true that oppositor’s address is unknown to petitioner and to

their other siblings;

8. That petitioner intentionally hid from oppositor these attempts to have a

tainted will probated by this Honorable Court;

9. That while publication of the petition serves as notice to the whole world,

the surreptitious and underhanded means and methods employed by

petitioner to keep these proceedings from the knowledge of oppositor

makes her a petitioner in bad faith who is undeserving of the privileges

extended by the Rules of Court;

10. That oppositor makes of record her opposition to the probate of the will of

Elisa Davadilla, contests said will and seeks leave of this Honorable Court

to register such opposition in these proceedings.

WHEREFORE, premises considered, herein oppositor prays that she be

allowed to intervene in the instant proceedings as she expresses unequivocal

opposition to the probate of the will of Elisa Davadilla. Oppositor further prays of

this Honorable Court to deny said probate, after due hearing on the merits of the

petition.

All other reliefs just and equitable under premises are also prayed for.

Quezon City for Paranaque City, February 7, 2011.

RAMON LUIS C. STO. DOMINGO

Counsel for Oppositor
34 Kalantiaw St. Project 4
Quezon City
IBP No. 818810, 1/31/11 Q.C.
PTR No. 4793244, 1/31/11 Q.C.
Roll No. 54092
MCLE Compliance No. III – 0014006
April 23, 2010
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Copies furnished by registered mail to:

Atty. Ignacio N. Aure

138 San Antonio Avenue
Paranaque City

Avegale Davadilla Dela Cruz

U405 Red Palm Building, Palm Grove Condominium
Better Living, Paranaque

Patrick Joel C. Davadilla

107 West “E” St. Tehachapi,
CA 93561

Ronald C. Davadilla
Block 2 Lot 27 Sacred Heart Village
Phase 3, Novaliches, Quezon City

EXPLANATION FOR SERVICE BY MAIL

This pleading has been served on the parties by registered mail because of time
and distance constraints and lack of personnel to effect personal service.

Atty. Ramon Luis C. Sto. Domingo

REPUBLIC OF THE PHILIPPINES)

QUEZON CITY ) SS.

AFFIDAVIT OF PROOF OF SERVICE

I, Lucas Estarija, of legal age, Filipino citizen, with postal address at

_____________________________, after having been sworn in accordance with law,
hereby depose and state:

1. That I am an assistant to the counsel for the oppositor in the above-entitled

case;

2. That I have mailed a copy of this pleading to the parties through registered
mail on ________________;

3. That the service of this pleading was by registered mail because of time and
distance constraints and counsel has no personnel to undertake personal
service.

Lucas Estarija
Affiant

SUBSCRIBED AND SWORN to before me this _____ day of _______ 2011,

affiant exhibiting to me his ________________.

Doc. No. _______;

Page No. ______
Book No. ______;
Series of 2011