PETITION FOR PROBATE ERNESTO and SERGIO

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REPUBLIC OF THE PHILIPPINES

___ JUDICIAL REGION


REGIONAL TRIAL COURT
BRANCH ___
MALOLOS, BULACAN

IN RE: PETITION TO APPROVE SPEC PRO NO. _______


THE WILL OF RUPERTA
PALAGANAS WITH PRAYER FOR
THE APPOINTMENT OF SPECIAL FOR: PROBATE OF WILL
ADMINISTRATOR, ERNESTO
PALAGAS

ERNESTO PALAGANAS and


SERGIO PALAGANAS
-PETITIONERS.

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

PETITION

PETITIONERS, through the undersigned counsel and unto this Honorable


Court most respectfully avers:
1. That the Petitioner ERNESTO PALAGANAS, is of legal age, married,
Filipino and resident of Paseo del Congreso St, Malolos, 3000 Bulacan
where he can be served with summons and other processes of this
Honorable Court;

2. That co-petitioner, SERGIO PALAGANAS, is of legal age, married,


Filipino and a resident of South La Brea Los Angeles, CA. He may be
served with summons and other processes of this Honorable Court through
the his undersigned counsel at the address stated below;

3. That Petitioners are the brother of RUPERTA PALAGANAS, deceased, a


naturalized United States citizen, who died in Westwood Plaza Drive,
California, USA on November 8, 2001, hereto attached and marked as
Annex “A” of this petition is the death certificate;

4. That RUPERTA PALAGANAS executed a last will and testament in


accordance with the formalities of the California State Law, said last will
and testament is hereto attached as Annex “B” and made an integral part of
this petition, the original thereof to be presented to this Honorable Court at
the time of the probate;

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5. That the subscribing witnesses to said will are: GLORIA PALAGANAS-
VILLALUZ and SERGIO PALAGANAS, all of legal age, both married,
Filipino Citizens and are residents of South La Brea Los Angeles, CA;

6. That the decedent is an inhabitant and a resident of Hayvenhurst Avenue,


Encino, Los Angeles, California at the time of his death;

7. That SERGIO PALAGANAS, named in the will as executor thereof,


without need of posting a bond, is willing and ready to accept the
appointment as Executor of the last will and testament and hereby signifies
his willingness to serve and discharge his duties and responsibilities as
such;

8. That ERNESTO PALAGANAS, at the request of the executor designated


in the will, be appointed as special administrator of the properties of the
deceased, located in the Philippines;

9. That the testator, at the time of the execution of the said will, was 43 years
old, of sound and disposing mind, and not acting under duress, fraud, or
undue influence and was in every respect capacitated to dispose of his
estate by will:

10.That the following persons, all of age, are the siblings pertained in the will
as devisees and legatees of the deceased, to wit:

GLORIA PALAGANAS- South La Brea Los Angeles,


Sister 40
VILLALUZ CA
South La Brea Los Angeles,
SERGIO PALAGANAS Brother 38
CA
Paseo del Congreso St,
ERNESTO PALAGANAS Brother 37
Malolos, 3000 Bulacan
MANUEL MIGUEL Paseo del Congreso St,
Nephew 22
PALAGANAS Malolos, 3000 Bulacan
BENJAMIN GREGORIO Paseo del Congreso St,
Nephew 26
PALAGANAS Malolos, 3000 Bulacan

11. That the property left by the decedent consists of real and personal
property located in the Philippines, are estimated to have the gross value
of FIFTY MILLION PESOS (Php 50, 000,000.00) more or less;

PRAYER

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Wherefore, premises considered, it is respectfully prays upon this Honorable
Court that judgment be rendered declaring:

1. That, upon proper notice, publication and hearing, the abovementioned


will of deceased RUPERTA PALAGANAS be approved, allowed and
admitted to probate;

2. That ERNESTO PALAGANAS be appointed as special administrator;

3. That letters testamentary (or of administration) be issued to herein


petitioners without need of bond;

4. That such other relief be granted as shall be deemed just and equitable in
the premises.

Malolos, Bulacan Philippines, December 1, 2001.

ATTY. ALEXANDRA P. ABITAN


Counsel for the Petitioner
TM Building Poblacion 3 Malolos, Bulacan
IBP No. 854908
PTR No. 3621460
Roll Attorney No. 32747
MCLE Comp. No. IV-0004785, 09876

VERIFICATION AND CERTIFICATION

We, ERNESTO PALAGANAS and SERGIO PALAGANAS, of legal age, after


having been duly sworn in accordance with law, depose and state that:
1. We are the petitioners in the above-stated case;
2. We caused the preparation of the foregoing petition;
3. We 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;
4. We 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;
5. To the best of our knowledge and belief, no such action or proceeding is
pending in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;
6. If we 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.

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ERNESTO PALAGANAS SERGIO PALAGANAS
Affiant Affiant

                 SUBSCRIBED AND SWORN to before me this ___ day of


__________ 200_ at _________________ affiant exhibiting to me his ________
 
Doc. No. ;
Page No. ;
Book No. ;
Series of 200_.

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