REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

THIRD JUDICIAL REGION
CABANATUAN CITY

In the Matter of the Settlement

of the Intestate Estate of
FELIX MADRIGAL

Special Proceeding No.

Peppa Madrigal,
- Petitioner,

x ------------------------------------------------- x

PETITION

COMES NOW, the petitioner, by counsel and to this

Honorable Court, most respectfully alleges that:

1. Petitioner is of legal age, Filipino, married and with residence at

#123 Mabini Homesite, Cabanatuan City, Nueva Ecija. She is the
widow of the deceased FELIX MADRIGAL;

2. On March 20, 2022, FELIX MADRIGAL died without leaving any

will. At the time of his death, he was a resident of #123 Mabini
Homesite, Cabanatuan City, Nueva Ecija;

3. That deceased was survived by the following compulsory heirs,

namely: petitioner Peppa Madrigal, surviving spouse and legitimate
children Dolores Madrigal, Camillo Madrigal, and Antonio
Madrigal, all of legal age and residents of #123 Mabini Homesite,
Cabanatuan City, Nueva Ecija;

4. The deceased left several properties at the time of his death,

consisting primarily of residential and commercial properties in
Cabanatuan City with a total market value of ten million (Php
5,000,000.00) pesos and assessed value of eight million (Php
3,000,000.00) pesos.

5. The deceased also left several obligations and personal debts at the
time of his death, which needed to be settled before the estate is
finally distributed to the heirs. Part of this debt include various
mortgage loans annotated in the titles and the sum of two hundred
thousand (Php 200,00.00) pesos, as evidenced by the statement of
 account prepared by the accountant of the deceased hereto attached as
Annex “A” and forms and integral part of this petition;
6. To finally settle the estate of the deceases, petitioner, being the
surviving spouse of the deceased, would like to seek for the issuance
by this honourable court of letters of administration in order to
make a full inventory and accounting of his estate, administer such
estate, and settle any or all claims for and against such estate during
the pendency of the estate proceedings.

7. Petitioner as the surviving spouse of deceased FELIX MADRIGAL,

may therefore, be appointed as an administrator of the estate. Sec. 6,
Rule 78 of the Rules of Court provides, “If no executor is named in
the will, or the executor or executors are incompetent, refuse the
trust or fail to give a bond, or a person dies intestate, administration
shall be granted:

a. To the surviving husband or wife, as the case may be, or

next of kin, or both, in the discretion of the court, or to such
person as such surviving husband or wife, or next of kin,
requests to have appointed, if competent and willing to serve;
b. If such surviving husband or wife, as the case may be, or next
of kin, or the person selected by them, be incompetent or
unwilling, or if the husband or widow, or next of kin,
neglects for thirty (30) days after the death of the person to
apply for administration or to request that administration be
granted to some other person, it may be granted to one or
more of the principal creditors, if may be granted to one or
more of the principal creditors, if competent and willing to
serve, x x x

8. Petitioner has none of the disqualifications under Section 1, Rule 78

of the Rules of Court, as amended.

9. Petitioner is thus qualified under the law, and is competent and

willing to assume such solemn duty of administering the estate of
the deceased, whom he was legally and lawfully married with
during his lifetime. And this purpose, petitioner is willing to post a
bond that may be fixed by this honourable court conditioned upon
the circumstances enumerated under Section 1, Rule 81 of the Rules
of Court, as amended.

WHEREFORE, premises considered, it is most respectfully

prayed of this Honorable Court, that after due notice, settlement and
partition of the intestate estate of FELIX MADRIGAL for the benefit
of all the compulsory heirs be rendered by this Court in accordance
with the law.
 Petitioner prays for such other reliefs just and equitable in the
premises.

March 30, 2022, Cabanatuan City.

No. 090 D.S. GARCIA, CABANATUAN CITY

PTR NO. 343569 – 1/10/11
IBP NO. 5403435 – 12/16/10
ROLL NO. 56607 May 3, 2010, Cabanatuan City
MCLE Compliance Certificate No.II-0014738

REPUBLIC OF THE PHILIPPINES)

CITY OF CABANATUAN:::::::::::::::::::::::::::) S.S.

x----------------------------------------------x

VERIFICATION AND CERTIFICATION AGAINST FORUM

SHOPPING

I, PEPPA MADRIGAL, of legal age, widow, Filipino Citizen and a

resident of #123 Mabini Homesite, Cabanatuan City, Nueva Ecija, after
having been duly sworn to in accordance with law, do hereby depose and
state:

1. That I am the petitioner in the above-entitled case;

2. That I personally caused the preparation of the foregoing

petition;

3. That I have read and understood the contents of the foregoing

petition and the allegations therein are true and correct to the
best of my personal knowledge and belief based on authentic
documents;

I FURTHER CERTIFY THAT:

 a. I have not commenced any proceeding involving the same
issues before the Supreme Court, Court of Appeals, or any
other Government Agency or Tribunal;

b. To the best of my knowledge, no such action is pending before

the Supreme Court, Court of Appeals, or any other
Government Agency or Tribunal;

c. If there be any similar action before the Supreme Court, Court

of Appeals, or any other Government Agency or Tribunal, I
undertake to report the same within five (5) days to the court
where the original action and certification referred to herein
has been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this 10th day

of April 2022, at Cabanatuan City, Philippines.

PEPPA MADRIGAL

Affiant

SUBSCRIBED AND SWORN to before me in the City of

Cabanatuan this 30th day of March 2022, by PEPPA MADRIGAL, who has
satisfactorily proven his identity to me through her PASSPORT issued by
the DEPARTMENT OF FOREIGHN AFFAIRS bearing her photograph
and signature and with PB123498, that she is the same person who
personally signed the foregoing document before me and acknowledged
that he executed the same.

WITNESS MY HAND AND SEAL this 30th day of March 2022 in

Cabanatuan City, Philippines.

Notary Public
Until December 31, 2014
Doc. No. ____ PTR NO. 343569 –
1/10/11
Page No.____ IBP NO. 5403435–
12/16/10
Book No.____ ROLL NO. 56607 May 3,
2010
Series of 2022 Cabanatuan City
MCLE Compliance Certificate
No.
II-0014738. DEC. 19, 2011