REPUBLIC OF THE PHILIPPINES

THIRD JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 11
MALOLOS, BULACAN

IN RE: PETITION FOR PROBATE OF SPEC PRO NO. 1111

THE WILL OF RUPERTA PALAGANAS
WITH PRAYER FOR THE FOR: PROBATE OF
APPOINTMENT OF SPECIAL WILL
ADMINISTRATOR
ERNESTO PALAGANAS and SERGIO
PALAGANAS,
- Petitioners.

vs.
MANUEL MIGUEL PALAGANAS
and BENJAMIN GREGORIO
PALAGANAS,
- Oppositors.

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OPPOSITION

OPPOSITORS, 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 (“MANUEL” for brevity) and

BENJAMIN GREGORIO PALAGANAS (“BENJAMIN” for brevity), both
of legal age, married, Filipino and residents of Paseo del Congreso St,
Malolos, 3000 Bulacan, where they can be served with the summons and
other processes of this Honorable Court;

2. That MANUEL and BENJAMIN, are named in the will as one of the
devisees and legatees thereof;

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

that a petition for the probate of Ruperta Palaganas’ will was filed. They
most respectfully oppose the petition on the ground that Ruperta’s will
should not be probated in the Philippines but in the U.S. where she executed
it;

4. Under the law, findings of the foreign probate court over the matter must
first be established, before the local court should acknowledge it (Sec. 1,
Rule 77, Rules of Court). In the petition, it appears that the petitioner have

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 erred in having the foreign will probated before this Honorable Court
without providing proof that the foreign will was probated in the country
where it was executed;

5. As to the appointment of ERNESTO PALAGANAS as Special

Administrator, the Oppositors claim that he is not qualified to act as such
since he is Orthopedically Impaired.

PRAYER

Wherefore, premises considered, it is respectfully prayed upon this

Honorable Court that judgment be rendered declaring:

1. That the will of deceased RUPERTA PALAGANAS should not be

admitted to probate;

2. That the letters of administration be issued to a competent person other

than Ernesto Palaganas;

3. That such other relief be granted as may be deemed just and equitable in
the premises.

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 following the law,
depose and state that:

1. We are the Oppositors 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;

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 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.

MANUEL MIGUEL BENJAMIN GREGORIO

PALAGANAS 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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