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Republic of the Philippines

National Capital Judicial Region


Regional Trial Court of Manila
Branch___

Petition for the Probate


of the last will and testament
and settlement of the estate
of the late H.
J.O. in his capacity as the named
Executor in the last will and
testament of the late H.
Petitioner,
x---------------------------------------------x Spec. Pro. Case No. _____

PETITION
COMES NOW, the Petitioner in his capacity as the named executor in the last
will and testament of the deceased H before this Honorable Court, most respectfully
avers the following:
1. The testator H (hereinafter referred to as the “Testator”), a Filipino, of legal
age, passed away last June 10, 2009 at the Medical City Hospital, in Pasig City,
Philippines. Attached herewith and made an integral part of this pleasing is a copy of
the testator’s Certificate of Death as Annex “A.”
2. The testator, at the time of her death, was a resident of _______________;
3. When Ms. H passed away, she was unmarried and had no children of her own.
Both her parents had long passed away prior to her death. She is survived by the
following persons as her next of kin and heirs. Her siblings:
a. R married to L, parents of Jos, and M with postal address at
__________.
b. Dr. married to Dra., parents of Mi, Er, Vi, and Be with postal address at
_____________.
c. E married to C. However soon after the demise of the testator E also
passed away. He left his children namely: R, S, and T with postal address at
______________.
4. The testator left a last will and testament executed on February 14, 2008. It is
under the care and custody of Attorney V for safekeeping. As soon as practicable and
when necessary, the executor will cause the production of original will before the
Honorable Court.
Attached herewith and made an integral part of this pleading is a faithful copy
of the last will and testament of H as Annex “B.”
5. That the petitioner, as executor named in said will, consents to act as such.
6. The testator left a real property in Manila and the following expenses:
Assets
House and Lot in Manila Php 2,500,000.00
Less
Bad debts 500,000 (500,000.00)
Hospital expenses 150,000 (150,000.00)
Net Estate Php 1,850,000.00
1st CAUSE OF ACTION: PROBATE OF THE WILL
7. Petitioner respectfully seeks the probate of the aforesaid will in accordance
with the requisite of the laws of the Philippines.
2nd CAUSE OF ACTION: PARTITION OF THE ESTATE IN ACCORDANCE
WITH THE INSTRUCTIONS OF THE WILL
8. If the Will is allowed in this probate, the properties of the late H be distributed
in accordance with the provisions and instructions in the Will.

PRAYER
WHEREFORE, premises considered, it is most respectfully prayed that:
a. A place and time be set for proving the last will and testament of the late H.
b. That due notice be provided in accordance with the Rules of Court.
c. That after proper hearing, said will and testament be admitted to probate and
letters testamentary be issued to herein petitioner.
d. In the event that the will is allowed, the estate be distributed in accordance
with the said Will.
Other remedies just and equitable and necessary in order to achieve the ends of
justice under the premises are likewise prayed for.
Respectfully submitted.
Quezon City for City of Manila, December 10, 2020.
JUAN DELA CRUZ
Roll No. 01234
PTR No. 8332143 1/14/2020
IBP No. 690130 a/8/2020
MCLE Compliance IV-0008269-02/28/20
Tel. No. (02) 416-3900
Cell Phone No. 0920 1234567
Email address: jhimfes2@yahoo.com
No. 111 Wheels Executive Suite
Bldg., E. Rodriguez Jr. Avenue, Quezon City, 1102

VERIFICATION AND CERTIFICATE OF NON-FORUM SHOPPING


I, J.O., Filipino, of legal age, with residence address at ______________ after
having been sworn to in accordance with law hereby states:
1. I am the petitioner in the above-entitled case.
2. I caused the preparation of the aforementioned petition.
3. I hereby certify that I have not commenced any other, action or proceedings
involving the same issues as are now raised in the petition, before the Supreme Court,
Court of Appeals or any other court, tribunal, or agency. To the best of my knowledge,
no such action or proceeding is pending before the Supreme Court, Court of Appeals, or
any other court, tribunal or agency. Should I learn that a similar action or proceedings
has been filed or is pending before the Supreme Court, Court of Appeals, or any other
court, tribunal, or agency, I shall personally notify this Honorable Court of such fact
within five (5) days from said notice.
Affiant
SUBSCRIBED AND SWORN to before me, this ______ day of _______,
affiant exhibiting to me his LTO Driver’s License Identification Card with no. _______
issued at _______ on _________.
NOTARY
PUBLIC
DOC. NO.
PAGE NO.
BOOK NO.
SERIES OF _______

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