REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

BRANCH 153
Taguig City

IN RE: PETITION FOR APPROVAL

THE WILL OF KRIS COJUANGCO AQUINO,
DECEASED
SPECIAL PROCEEDINGS NO. 564

FOR: PROBATE OF WILL

JAMES CARLOS YAP,

Oppositor.

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OPPOSITION TO THE PETITION

OPPOSITOR, through the undersigned counsel, respectfully OPPOSES the probate of the alleged

will of his wife, KRIS COJUANGCO AQUINO (hereinafter referred as the “DECEDENT” and states:

1. That he is 40 years old, Filipino, married and a resident of White Plains, Katipunan, Quezon City,

Philippines

2. That he may be served with summons and other court processes in the office of the undersigned

counsel stated hereunder

3. That he is the LEGITIMATE PARENT of the DECEDENT who died on October 10, 2019

ARGUMENTS IN SUPPORT OF THE OPPOSITION

OPPOSITOR respectfully submits that the alleged will of the DECEDENT should not be

probated on the ground that it was not executed and attested as required by the law and that the signature

of the testator was procured by fraud and trick and hereby presents the following support of its position:

1. The will was not executed and attested as required by the law
Article 839 of the Civil Code provides that a will shall be disallowed if the formalities required

by law have not been complied with.

On the form of notarial attested or ordinary wills, Article 805 of the New Civil Code

provides that:

Article 805. Every will, other than a holographic will, must be subscribed at the end

thereof by the testator himself or by the testator’s name written by some other person in his

presence, by his express direction, and attested and subscribed by three or more credible

witnesses in the presence of the testator and of another.

The testator or the person requested by him to write his name and the instrumental

witnesses of the will, shall also sign, as aforesaid, each and every page thereof, except the last, on

the left margin, and all the pages shall be numbered correlatively in letters placed on the upper

part of each page.

The attestation shall state the number of pages used upon which will is written, and the

fact that attestator signed the will and every page thereof, or caused some other person to write

his name, under his express direction, in the presence of the instrumental witnesses, and that the

latter witnessed and signed the will and all pages thereof in the presence of the testator and of one

another.

If the attestation clause is in a language not known to the witnesses, it shall be interpreted

to them.

DECEDENT’S will failed to meet the requirements lay down by the provision above, to

wit:

A.) Absence of testator’s signature on each and every page on the left margin of the will;

B.) The attestation failed to state the number of pages used upon which will is written.

C.) The pages were not numbered correlatively in letters on the upper part of each page.
2. The requirement for the presence of the instrumental witness at the time of the execution of

the will was not complied with

In paragraph 1 of Article 805 of the Civil code, the law expressly requires that “…and by his

express direction, and attested and subscribed by three or more credible witnesses in the presence

of the testator and of another.” Witness Annie Talampas was proven to be outside of Metro

Manila at the time of the execution of the will. Said witness was on board a flight to Caticlan,

Aklan on October 29, 2018. It would have been physically impossible for her to witness the

execution of the will of the late Kris Cojuangco Aquino. Such absence of an instrumental witness

proves that the will is suffering from a formal defect and should not be allowed as it runs counter

to par. 1 of Art. 839 under the Civil Code “The will shall be disallowed in any of the following

cases: (1) If the formalities required by the law have not been complied with;”
 PRAYER

WHEREFORE, premises considered, OPPOSITOR_____ respectfully prays from this

Honorable Court that:

1.) The petition for the probate of the alleged will of the late (deceased’s name) be denied;

2.) The estate of the late (deceased’s name) be partitioned in accordance with the laws on

intestacy; and

3.) Other just and equitable remedies.

Respectfully submitted.

(Place, date)

ATTY. CHOOKS TU-GO

Counsel for Oppositor
(Address}
Roll of Attorneys No. 071817
PTR NO.89076, 11/24/2015, PLACE
IBP NO.485738, 11/24/2015, PLACE
MCLE COMP. NO. VII-0007896, 11/22/2015

REPUBLIC OF THE PHILIPPINES)

PLACE )SS.
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 VERIFICATION AND CERTIFICATION

I, (AFFIANT), of legal age, Filipino and with address at Barangay adsress**** ph, having been duly
sworn to in accordance with law hereby depose and say
1. That I am the Oppositor in the above-entitled case; that I have caused the preparation of the
foregoing Opposition; that all the allegations stated therein are true and correct of my own
knowledge and supported by authentic documents
2. That I have not commenced any other action or proceeding involving the same issues is the
Supreme Court of Appeals, or any other tribunal or agency; that to the best of my knowledge, no
such action or proceeding is pending in the Supreme Court, the Court of Appea;d