Republic of the Philippines

REGIONAL TRIAL COURT

7th Judicial Region
Branch ____
Mandaue City

IN THE MATTER OF THE

INTESTATE ESTATE OF MARIA
ERLINDA J. MANTARING,

Sp. Proc. No. ________________

FOR: Letters of Administration,
Settlement and Partition of Estate, etc.

MARITER J. MANTARING,
Petitioner,

- versus -

FELIPE U. MANTARING,
Respondent,

MARIA LYNFEL J.
MANTARING, PHILIP J.
MANTARING, and ROMMEL
ALDRIN J. MANTARING,
Unwilling co-petitioners.

X - - - - - - - - - - - - - - - - - - - - - - - - - - - - -/

PETITION

COMES NOW, PETITIONER, by the undersigned counsel, to this

Honorable Court, most respectfully states that:

A. The Parties

1. Petitioner is of legal age, single, and a resident of 302 A. del

Rosario Avenue, Guizo, Mandaue City. She may be served summons, notices,
and other court processes in the above-given address;
Petition
Mantaring vs. Mantaring
For: Letters of Administration, Settlement and Partition of Estate
Page 2 of 9
______________________

2. Respondent FELIPE U. MANTARING is of legal age, married, and

a resident of 400 Tipolo Highway, Tipolo, Mandaue City, where he may be
served summons, notices, and other court processes;

3. MARIA LYNFEL J. MANTARING, PHILIP J. MANTARING and

ALDRIN J. MANTARING are impleaded as necessary parties and as unwilling
co-petitioners. They are all of legal age, Filipino citizens, and residents of 302 A.
del Rosario Avenue, Guizo, Mandaue City. They may be served summons,
notices, and other court processes in the above-given address;

B. Allegations Common to All Causes of Action

Petitioner repleads/adopts the foregoing allegations and futher states

that:

4. Petitioner is the legitimate daughter of the deceased, Maria Erlinda

J. Mantaring who died intestate in the City of Cebu on November 21, 2000.
Machine copy of the Death Certificate of Maria Erlinda J. Mantaring is hereto
attached and marked as Annex “A” and forms an integral part hereof;

5. The deceased, Maria Erlinda J. Mantaring, left the following legal

heirs, to wit:

a. FELIPE U. MANTARING, surviving husband, of legal age,

now married to Glenda Charity Arididon, Filipino citizen, with
residence and postal address at 400 Tipolo Highway, Tipolo,
Mandaue City;

b. MARIA LYNFEL J. MANTARING, legitimate child, of legal

age, separated, Filipino citizen, with residence and postal
address at 302 A. del Rosario Avenue, Guizo, Mandaue City;

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Mantaring vs. Mantaring
For: Letters of Administration, Settlement and Partition of Estate
Page 3 of 9
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c. MARITER J. MANTARING, legitimate child, of legal age,

single, Filipino citizen, with residence and postal address at 302
A. del Rosario Avenue, Guizo, Mandaue City;

d. PHILIP J. MANTARING, legitimate child, of legal age, single,

Filipino citizen, with residence and postal address at 302 A. del
Rosario Avenue, Guizo, Mandaue City; and

e. ROMMEL ALDRIN J. MANTARING, legitimate child, of legal

age, single, Filipino citizen, with residence and postal address at
302 A. del Rosario Avenue, Guizo, Mandaue City;

C. First Cause of Action

Petitioner repleads/adopts the foregoing allegations and futher states

that:

6. The deceased, Maria Erlinda J. Mantaring, during her marriage

with the above-named Felipe U. Mantaring, acquired the following real
properties, particularly described as follows, to wit:

TCT No. 268301

A parcel of land (Lot 2883-C-1, of the subdivision plan (LRC)
Psd-222932, being a portion of Lot 2883-C, plan II-6121 Amd. 5,
Csd-5436-D, L. R. C. Record No. 4030), situated in the Barangay
of Tipolo, City of Mandaue, Province of Cebu, Island of Cebu . . . .
containing an area of ONE HUNDRED SEVENTY EIGHT (178
sq. m.) SQUARE METERS, more or less.

TCT No. 268292

A parcel of land (Lot 2883-C-2, of the subdivision plan (LRC)
Psd-222932, being a portion of Lot 2883-C, plan II-6121 Amd. 5,
Csd-5436-D, L. R. C. Record No. 4030), situated in the Barangay
of Tipolo, City of Mandaue, Province of Cebu, Island of Cebu . . . .
containing an area of FORTY FOUR (44 sq. m.) SQUARE
METERS, more or less.

1
Machine copy of which is attached to
the Complaint as Annex “B”;
2
Machine copy of which is attached to
the Complaint as Annex “C”;

3
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Mantaring vs. Mantaring
For: Letters of Administration, Settlement and Partition of Estate
Page 4 of 9
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TCT No. 268283

A parcel of land (Lot 2883-C-3, of the subdivision plan (LRC)
Psd-222932, being a portion of Lot 2883-C, plan II-6121 Amd. 5,
Csd-5436-D, L. R. C. Record No. 4030), situated in the Barangay
of Tipolo, City of Mandaue, Province of Cebu, Island of Cebu . . . .
containing an area of FORTY FOUR (44 sq. m.) SQUARE
METERS, more or less.

TCT No. 268274

A parcel of land (Lot 2883-C-4, of the subdivision plan (LRC)
Psd-222932, being a portion of Lot 2883-C, plan II-6121 Amd. 5,
Csd-5436-D, L. R. C. Record No. 4030), situated in the Barangay
of Tipolo, City of Mandaue, Province of Cebu, Island of Cebu . . . .
containing an area of THREE HUNDRED SEVENTY THREE
(373 sq. m.) SQUARE METERS, more or less.

OCT No. OP-372675

A parcel of land (Lot 7005, SWO 07-01-001010) situated in the

Barrio of Tayud, Municipality of Liloan, Province of Cebu, island
of Cebu … containing an area of FOUR THOUSAND SEVEN
HUNDRED FIFTY TWO (4,752 sq. m.) SQUARE METERS,
more or less.

7. Lot Nos. 2883-C-1, 2883-C-2, and 2883-C-3 has a market value of

One Hundred Thirty Three Thousand Two Hundred (P133,200.00) Pesos as
indicated under Tax Declaration No. 2006-026-0423 declared under the name of
respondent Felipe U. Mantaring and his deceased wife, Erlinda J. Mantaring.
Machine copy of Tax Declaration No. 2006-026-0423 is hereto attached as Annex
“G” for reference.

8. Lot Nos. 2883-C-4 has a market value of Fifty Two Thousand Eight
Hundred (P52,800.00) Pesos as indicated under Tax Declaration No. 2006-026-
0424 declared under the name of respondent Felipe U. Mantaring and his

3
Machine copy of which is attached to
the Complaint as Annex “D”;
4
Machine copy of which is attached to
the Complaint as Annex “E”;
5
Machine copy of which is attached to
the Complaint as Annex “F”;

4
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Mantaring vs. Mantaring
For: Letters of Administration, Settlement and Partition of Estate
Page 5 of 9
______________________

deceased wife, Erlinda J. Mantaring. Machine copy of Tax Declaration No. 2006-
026-0424 is hereto attached as Annex “H” for reference.

9. The couple’s property in Tayud, Liloan, Cebu has an assessed

value of Ten Thousand Five Hundred Thirty (P10,530.00) Pesos as indicated by a
Certification from the Office of the Treasurer dated April 4, 2006, machine copy of
which is hereto attached as Annex “I” for reference.

10. The deceased, Maria Erlinda J. Mantaring, during her marriage

with the above named Felipe U. Mantaring, owned and managed the following
businesses:

a. MANTARING ENTERPRISES, located at G/F Building, C-053A,

SM City, Cebu;6

b. MANTARING ENTERPRISES – MANDAUE BRANCH located

at 400 Highway Tipolo, Mandaue City;7

c. F & E MANTARING BUILDING located at 400 Highway Tipolo,

Mandaue City;8

11. Each of these businesses has an estimated value of Two Hundred

Thousand (P200,000.00) Pesos, which is subject to confirmation upon actual
inventory to be made by the court appointed administrator;

12. The surviving husband, Felipe U. Mantaring, after the death of his
legitimate wife or the deceased, Maria Erlinda J. Mantaring, married Patria A.
Dapitan on June 15, 2002. The said marriage was declared null and void in a
court decision rendered by the Regional Trial Court of Cebu City in the case

6
Certificate of Registration of the
Business is hereto attached as Annex
“J”;
7
Certificate of Registration of the
Business is hereto attached as Annex
“K”;
8
Certificate of Registration of the
Business is hereto attached as Annex
“L”;

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Mantaring vs. Mantaring
For: Letters of Administration, Settlement and Partition of Estate
Page 6 of 9
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entitled Mantaring vs. Dapitan docketed as Civil Case No. CEB-32327 for
declaration of nullity of marriage;

13. After his 2nd marriage was declared null and void, the surviving
husband, Felipe U. Mantaring, then married Glenda Charity Arididon and is
now living together as husband and wife;

14. The surviving husband, Felipe U. Mantaring, since the death of his
wife, Maria Erlinda J. Mantaring, had not made any settlement, judicial or
extrajudicial, of the property of his deceased wife, Maria Erlinda J. Mantaring;

15. On the contrary, the said surviving husband, Felipe U. Mantaring

and his 3rd wife, Glenda Charity Arididon, continued to manage and control the
property left by the deceased wife, Maria Erlinda J. Mantaring, to their own
benefit and advantage, to the exclusion of the legal rights of the above-named
heirs, all of age, some married, and heads of families. In fact, at present, the
management of the entire business of the deceased is now entirely in the hands
of the 3rd wife, Glenda Charity Arididon;

D. Second Cause of Action

Petitioner repleads/adopts the foregoing allegations and futher states

that:

16. The petitioner herein, is one the legal heir of the deceased, Maria
Erlinda J. Mantaring, had on several occasions, requested of her father, to make a
settlement and liquidation of the estate left by the said deceased Maria Erlinda J.
Mantaring, and to deliver to all the legal heirs what is due to each and every one
of them, but the said Felipe U. Mantaring refused to do so, without any
justifiable reasons. Respondent has kept 100% of the deceased estate in bad faith,
who even forced his own children to execute a waiver and quitclaim of their
rightful inheritance. At times, even challenging them to come to court for the
settlement of the estate of their late mother;

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Mantaring vs. Mantaring
For: Letters of Administration, Settlement and Partition of Estate
Page 7 of 9
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17. The said respondent Felipe U. Mantaring, together with his wife,
Glenda Charity Arididon, is currently managing and controlling the estate of the
deceased Maria Erlinda J. Mantaring to their own advantage, and to the damage
and prejudice of the herein petitioner and her co-heirs, that unless another
administrator is appointed by this Honorable Court, the property sought herein
to be divided which was left by the deceased Maria Erlinda J. Mantaring at the
time of her death will likely diminish, if not entirely perish;

18. On one occasion, petitioner went to the Mantaring Shoe Store (E-
mall Branch) to get a photocopy of the business permits of the said branch.
However, respondent’s wife, reacted harshly to the petitioner and instructed the
staff of the said branch NOT to give petitioner any documents.
She consequently filed a complaint before the Office of the Barangay Captain of
Guizo, Mandaue City to force the petitioner to explain her actions. Petitioner was
shocked, because as co-owner and a legitimate heir of the deceased Maria
Erlinda J. Mantaring, she was precluded from exercising her rights by the
respondent’s wife. Petitioner was utterly humiliated. But her father, the herein
respondent, did not do anything about it, despite full knowledge;

E. Application for the Appointment of Administratrix

Petitioner repleads/adopts the foregoing allegations and futher states

that:
19. Petitioner MARITER J. MANTARING, being one of the legal heirs
of the deceased Maria Erlinda J. Mantaring is competent and willing to act as
such administrator of the estate of the deceased;

20. Petitioner is also willing to post a bond in such reasonable sum as

this Honorable Court may fix;

21. Petitioner has caused the instant petition to be verified, thus, the
same could serve as her affidavit as said petition has alleged/showed the facts
entitling the petitioner to the relief demanded;

F. Damages

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Mantaring vs. Mantaring
For: Letters of Administration, Settlement and Partition of Estate
Page 8 of 9
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Petitioner repleads/adopts the foregoing allegations and futher states

that:

22. Petitioner, due to the unjustified refusal of the respondent Felipe

Mantaring to extrajudicially settle the estate of the late Maria Erlinda J.
Mantaring despite the various attempts made by the petitioner to peaceably
settle the same, has suffered anxieties, worries, humiliation, shame,
embarrassment, wherein she pays to be compensated moral damages of not less
than P50,000.00;

23. Respondent Felipe U. Mantaring’s acts in refusing to settle and

liquidate of the estate left by the said deceased Maria Erlinda J. Mantaring, and
to deliver to all the legal heirs what is due to each and every one of them and in
refusing to satisfy herein petitioner’s clearly just and demandable claim, has
compelled herein petitioner to resort to legal action wherein she agreed to pay
attorney’s fees on a contingency basis at a rate of ten percent (10%) of all monies,
properties to be recovered by her in this action, of which attorney’s fees should
not be less than P50,000.00 plus the counsel’s appearance fees of P2,000.00 per
hearing/appearance in court;

24. In addition, defendant should be held liable to herein plaintiff for

filing fee, costs of suit, and expenses of litigation in the sum of no less than
P30,000.00;

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Court, after due notice and hearing, to ISSUE letters of administration
to petitioner Mariter J. Mantaring, for the administration of the estate of the
deceased, Maria Erlinda J. Mantaring, upon giving of a bond in such reasonable
sum as this Honorable Court may fix; and after all the property of the deceased,
Maria Erlinda J. Mantaring, have been inventoried and the expenses and just
debts, if any, have been paid and the legal heirs of the deceased fully
determined, to SETTLE and DISTRIBUTE the said estate of Maria Erlinda J.

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Mantaring vs. Mantaring
For: Letters of Administration, Settlement and Partition of Estate
Page 9 of 9
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Mantaring among her legal heirs in accordance with law; and to order
respondent Felipe Mantaring to PAY:
1. Moral damages in the sum of not less than P50,000.00;
2. Attorney’s Fees on the contingency basis at the rate of ten percent
(10%) of all the monies, properties to be recovered by the petitioner
and which attorney’s fees shall not be less than P50,000.00 plus the
counsel’s appearance fees of P2,000.00 per hearing/appearance in
court;
3. Litigation expenses of not less than P30,000.00;

Other relief and remedies fair and equitable under the premises are also
prayed for.

May 22, 2007. Mandaue City, Philippines.

REDULA SANCHEZ BOHOLST

BOHOLST BORBAJO CENIZA
AND BOHOLST
Counsel for the Petitioner
Suites 203-206, 2nd Flr., Athecor Building, Tipolo,
Mandaue City, Cebu 6014

By:

BRICCIO JOSEPH C. BOHOLST

PTR No. 0044766 (01-09-07, Mandaue City)
IBP NO. 524544 (Lifetime, Cebu City)
Attorney’s Roll No. 38050

DAX MALONY P. MONTEALEGRE

PTR No. 1884274 (1-10-07, Mandaue City)
IBP NO. 697675 (01-10-07, Negros Occ.)
Attorney’s Roll No. 50523