REPUBLIC OF THE PHILIPPINES

COURT OF APPEALS
Manila

IN RE: PETITION TO APPROVE SPEC PRO NO. _______

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

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

COMMENT AND OPPOSITION

COMES NOW, MANUEL MIGUEL PALAGANAS and BENJAMIN

GREGORIO PALAGANAS through the undersigned counsel, appearing
especially and solely for this purpose, and to this Honorable Court, most
respectfully states:

1. That MANUEL MIGUEL 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; and
2. BENJAMIN GREGORIO PALAGANAS, is of legal age, married,
Filipino and a resident of Paseo del Congreso St, Malolos, 3000 Bulacan. 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 MANUEL and BENJAMIN, named in the will as devisees and legatees
thereof;

4. That on December 1, 2001, MANUEL and BENJAMIN received a Notice of

the Petition for the allowance of the will of Ruperta Palaganas; and most
respectfully OPPOSE such Allowance;

5. That Ruperta’s will should have been first probated and allowed by the court
of California before admitting it in our local courts. Since Petitioners,
Ernesto Palaganas and Sergio Palaganas, failed to provide any proof that the
will of Ruperta Palaganas was probated in California, there is a failure to
comply with the requirements of reprobate as provided under the Rules of
Court, to wit;

. . . A will proved outside Philippines may be allowed here.

Wills proved and allowed in a foreign country according to
its laws may be allowed, filed and recorded by the proper
Regional Trial Court in the Philippines (Sec. 1, Rule 77, RoC);

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 6. That in reprobate, the findings of the foreign probate court over the matter
must first be established, before the local court should acknowledge it. In
which case, the petitioners failed to do so.

PRAYER

WHEREFORE, it is respectfully prayed that the Petition to Approve the will

Ruperta Palaganas be DISALLOWED.
Other reliefs just and equitable are likewise prayed for.

Malolos, Bulacan Philippines, December 10, 2000

ATTY. JUAN DELA CRUZ

Counsel for the Petitioner
Maka St. Poblacion 1 Malolos, Bulacan
IBP No. 654904
PTR No. 7121450
Roll Attorney No. 22345
MCLE Comp. No. IV-00034859, 23847

VERIFICATION AND CERTIFICATION

We, MANUEL MIGUEL PALAGANAS and BENJAMIN GREGORIO

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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 MANUEL MIGUEL BENJAMIN GREGORIO
PALAGANAS PALAGANAS
Affiant Affiant

                 SUBSCRIBED AND SWORN to before me this ___ day of

__________ 200_ at _________________ affiant exhibiting to me his ________
 

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