REPUBLIC OF THE PHILIPPINES

THIRD JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 11
MALOLOS, BULACAN

IN RE: PETITION FOR PROBATE SPEC PRO NO. 1111

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

ERNESTO PALAGANAS and

SERGIO PALAGANAS,
- PETITIONERS.

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

PETITION

PETITIONERS, through the undersigned counsel and unto this Honorable

Court most respectfully aver:
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 the 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 the summons and other processes of this Honorable Court
through the 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 following the

formalities of the California State Law, said last will 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 decedent, 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:

6. 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;

7. Under the Rules of Court, no person is competent to serve as executor or

administrator who is not a resident of the Philippines (Sec. 1, Rule 78, Rules
of Court). SERGIO PALAGANAS, named in the will as executor thereof,
although willing and ready to accept the appointment, is legally disqualified
to act as such. Thus, the named executor requests the Honorable Court to
appoint a Special Administrator over the properties of the deceased located
in the Philippines;

8. Since the law does not say who shall be appointed as a special administrator
and the qualifications the appointee must have, the judge or court has
discretion in the selection of the person to be appointed (Castillo vs.
Lacuata-Gabriel, G.R. No. 162934 November 11, 2005). The named
executor, suggests and requests the appointment of the testator’s other
brother ERNESTO PALAGANAS as Special Administrator;

9. That in the event ERNESTO PALAGANAS be deemed fit by the court to

be appointed as Special Administrator, he is likewise willing and ready to
accept the appointment;

10.That the following persons, all of age, with their respective residence, are
those pertained in the will as devisees and legatees of the deceased, to wit:

GLORIA PALAGANAS- South La Brea Los

Sister 40
VILLALUZ Angeles, CA
South La Brea Los
SERGIO PALAGANAS Brother 38
Angeles, 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 properties left by the decedent in the Philippines both real and
personal, has an estimated 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 prayed 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 admitted to probate;

2. That ERNESTO PALAGANAS be appointed as special administrator;

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

administrator without the need of bond;

4. That such other relief be granted as may 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. xxxxxxxxx
PTR No. xxxxxxxx
Roll Attorney No. xxxxxxxxx
MCLE Comp. No. IV-0xxxxxx, xxxxxx

VERIFICATION AND CERTIFICATION

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

having been duly sworn following the 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 knowledge and/or based on 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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