Republic of the Philippines

REGIONAL TRIAL COURT

Branch ___, Zamboanga City

IN THE MATTER OF THE Spec. Proc. No. __________

SETTLEMENT OF INTESTATE
ESTATE OF RODOLFO AMELDA;
and, FOR ISSUANCE OF THE
LETTERS OF ADMINISTRATION.

JOHN CARLO AMARILLE,

- Petitioner.

- versus -

RHODALE G. AMELDA;
JONATHAN G. AMELDA; Atty.
BRIETHNER G. AMELDA’; and,
NICKERSON G. AMELDA,
- Respondents.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

PETITION

COMES NOW Petitioner, through undersigned counsel, unto this

Honorable Court, most respectfully submits his Petition, and hereby alleges
that:

1. Herein Petitioner, JOHN CARLO AMARILLE, of legal age, single,

Filipino citizen, a resident of Zone 5, Barangay Guiwan, Zamboanga
City, is the illegitimate son of the decedent, RODOLFO AMELDA;
original copy of the WRIT OF EXECUTION in Civil Case No.
93(4601) issued by the Regional Trial Court, Branch 13, Zamboanga
City, through its Branch Clerk of Court, Atty. Maricel B. Lahi, last
April 14, 2008, is attached herewith as Annex “A”, and made an
integral part hereof;

2. Petitioner may be served with orders, notices and other processes of

the Honorable Court through the undersigned counsel at Cerilles,
Navarro, Nuval & Go Law Offices, E-39, Plaza del Pilar, Sta. Barbara,
this City;
3. Sometime in August 2011, aforenamed decedent died without leaving
any will, and at the time of his death, was a resident of Zamboanga
City;

4. At the time of death, aforenamed deceased was survived by his

compulsory heirs, namely: ELSA C. AMELDA, as legitimate spouse;
legitimate children RHODALE G. ALMEDA married to Clarito
Gloriani, residents of Davao City, JONATHAN G. ALMEDA married
to Sheila Hernandez, residents of Zamboanga City, BRIETHNER G.
ALMEDA, single, resident of Zamboanga City, NICKERSON G.
AMELDA, married to Annablyn Amelda, residents of Davao City;
and herein Petitioner, JOHN CARLO AMARILLE, as an illegitimate
child;

5. Petitioner does not have personal knowledge of the Respondents’

residences, except for Atty. Briethner G. Almeda who is of P-2,
Abelardo Climaco, Amelda Compound, Tugbungan, Zamboanga City,
where they may be served with summons, orders, notices, and other
processes of the Honorable Court;

6. From the time of death of decedent, Petitioner tried to claim his

inheritance from the legitimate children, but to no avail; hence, he
filed a complaint against them, through BRIETHNER G. ALMEDA,
and sans any settlement, the Office of the Lupong Tagapamayapa of
Barangay Tugbungan issued a Certificate to File Action, original copy
thereof is attached herewith as Annex “B”;

7. To date, land registry record shows a single landholding still

registered in the name of decedent RODOLFO ALMEDA, distinctly
described as follows:

“Transfer Certificate of Title No. T-69,802, registered in

the name of Rodolfo Amelda married to Elsa G. Amelda,
copy thereof is attached herewith as Annex “C” to “C-3”,
and made an integral part hereof, thusly provides:

‘A parcel of land (Lot 347-C of the subdivision

plan, Psd-002922), being a portion of Lot 347,
Zambo. East Ext.; Cad. situated in the Barrio
Tugbungan, City of Zamboanga, Island of Mindanao.
x x x containing an area of NINE HUNDRED (900)
SQUARE METERS. x x x.”

8. The market value of above-described real property covered by

Transfer Certificate of Title No. T-69,802 is THREE HUNDRED
THIRTY-THREE THOUSAND PESOS ONLY (PhP333,000.00),
Philippine currency, as shown in Tax Declaration of Real Property
with TD No. 1101009000696, copy thereof is attached herewith as
Annex “D”;
Page 2 of 9
9. Other parcels of land previously registered in the name of said
decedent were purportedly donated during his lifetime to his
legitimate children are likewise described hereunder, viz:

Page 3 of 9
 a. Transfer Certificate of Title No. T-218,228, registered in the
names of Rhodale G. Amelda married to Clarito Gloriani,
Nickerson G. Amelda married to Annablyn Amelda, Jonathan
G. Amelda married to Sheila Hernandez, and Briethner G.
Amelda (cancelling Transfer Certificate of Title No. 67,282 1),
copy thereof is attached herewith as Annex “E” to “E-3”, and
made an integral part hereof, thusly provides:

“A parcel of land (Lot 2 of the consolidation subd.

Plan (LRC) Psd-14431, being a portion of the
consolidation of lots 346-D-3 (LRC) Psd-35592 & 345,
Zambo. Cad. LRC Cad. Rec. No. 7880, situated in the
Dist. of Tugbungan, City of Zamboanga, Island of
Mindanao. x x x containing an area of TWO
THOUSAND TWO HUNDERED AND EIGHT-FIVE
(2,285) SQUARE METERS, more or less. x x x.”

NOTE: Annotated on the title appears P.E. No.

271924, of an unsettled mortgage in favor of
Metrobank in the amount of TWO MILLION, FIVE
HUNDRED AND FIFTY THOUSAND PESOS
(PhP2,550,000.00) only, Philippine currency.

b. Transfer Certificate of Title No. T-218,229, registered in the

names of Rhodale G. Amelda married to Clarito Gloriani,
Nickerson G. Amelda married to Annablyn Amelda, Jonathan
G. Amelda married to Sheila Hernandez, and Briethner G.
Amelda (cancelling Transfer Certificate of Title No. 69,803) 2,
copy thereof is attached herewith as Annex “F” to “F-1”, and
made an integral part hereof, thusly provides:

“A parcel of land (Lot 347-D of the subdivision plan,

Psd-002922), being a portion of Lot 347, Zambo. East
Ext.; Cad. situated in the Barrio of Tugbungan, City of
Zamboanga, Island of Mindanao. x x x containing an
area of EIGHT HUNDRED TEN (810) SQUARE
METERS. x x x.”

1
Transfer Certificate of Title No. T-67,282, registered in the name of Elsa Amelda married to Rodolfo
Amelda
2
Transfer Certificate of Title No. T-69,803, registered in the name of Rodolfo Amelda married to Elsa G.
Rodolfo Amelda
Page 4 of 9
 c. Transfer Certificate of Title No. T-218,230, registered in the
names of Rhodale G. Amelda married to Clarito Gloriani,
Nickerson G. Amelda married to Annablyn Amelda, Jonathan
G. Amelda married to Sheila Hernandez, and Briethner G.
Amelda (cancelling Transfer Certificate of Title No. 98,653) 3,
copy thereof is attached herewith as Annex “G” to “G-1”, and
made an integral part hereof, thusly provides:

“A parcel of land (Lot 347-G of the subdivision plan,

Psd-002922), being a portion of Lot 347, Zambo. East
Ext.; Cad. situated in the Barrio of Tugbungan, City of
Zamboanga, Island of Mindanao. x x x containing an
area of NINE HUNDRED TEN (910) SQUARE
METERS. x x x.”

d. Transfer Certificate of Title No. T-218,232, registered in the

names of Rhodale G. Amelda married to Clarito Gloriani,
Nickerson G. Amelda married to Annablyn Amelda, Jonathan
G. Amelda married to Sheila Hernandez, and Briethner G.
Amelda (cancelling Transfer Certificate of Title No. 100,483) 4,
copy thereof is attached herewith as Annex “H” to “H-1”, and
made an integral part hereof, thusly provides:

“A parcel of land (Lot 347-I of the subd. plan, Psd-

002922), being a portion of Lot 347, Zambo. East Ext.;
Cad. situated in the Barrio of Tugbungan, City of
Zamboanga, Island of Mindanao. x x x containing an
area of ONE THOUSAND SIXTY-SIX (1,066) SQUARE
METERS. x x x.”

e. Transfer Certificate of Title No. T-218,231, registered in the

names of Rhodale G. Amelda married to Clarito Gloriani,
Nickerson G. Amelda married to Annablyn Amelda, Jonathan
G. Amelda married to Sheila Hernandez, and Briethner G.
Amelda (cancelling Transfer Certificate of Title No. 100,473) 5,
copy thereof is attached herewith as Annex “I” to “I-1”, and
made an integral part hereof, thusly provides:

3
Transfer Certificate of Title No. T-98,653, registered in the name of Rodolfo Amelda married to Elsa G.
Rodolfo Amelda
4
Transfer Certificate of Title No. T-104,483, registered in the name of Elsa G. Amelda married to
Rodolfo Amelda
5
Transfer Certificate of Title No. T-100,473, registered in the name of Elsa G. Amelda married to
Rodolfo Amelda
Page 5 of 9
 “A parcel of land (Lot 1-A) of the subd. plan, Psd-09-
014280), being a portion of Lot 1, (LRC) Pcs-11624,
situated in the Barrio of Tetuan, City of Zamboanga,
Island of Mindanao. x x x containing an area of TWO
THOUSAND TWO HUNDRED SEVENTY-THREE
(2,273) SQUARE METERS. x x x.”

Note: This parcel of land covered by Transfer Certificate of

Title No. T-218,231 was later cancelled, and in lieu thereof,
Transfer Certificate of Title No. T-129-2015001156,
copy thereof is attached herewith as Annex “J”, as it was
issued in the name of ZC Shop-O-Rama, Inc. and El Sur Realty
and Marketing Corp.

f. Transfer Certificate of Title No. T-218,227, copy thereof is

attached herewith as Annex “K” to “K-1”, and made an
integral part hereof, thusly provides:

(illegible notations)

10. Altogether, the above-described realties were community properties

co-owned by the decedent with his lawful spouse, and consequently,
by his demise, his own shares thereto shall form part of his estate to
be inherited by all of his compulsory heirs;

11. Under Article 887 of the Civil Code of the Philippines, Petitioner is
one of the decedent’s compulsory heir, and by Article 176 of the
Family Code of the Philippines, his legitime consist of one-half of the
legitime of a legitimate child which, however, had not been afforded
unto him by his co-heirs;

12. Moreover, herein Petitioner is capable of administering the estate of

the deceased, as he is not disqualified to serve as administrator under
Section 1, Rule 78 of the Rules of Court;

13. Petitioner believes that prior dispositions of certain properties

described hereinbefore through donation or sale have substantially
reduced his legitime, thus, he prays from this Honorable Court the full
satisfaction of his just share;

14. To settle the remaining estate registered to the deceased, herein

Petitioner seeks for the issuance by this Honorable Court of the letter
of administration in order to administer such estate described under
Transfer Certificate of Title No. T-69,802, and settle any or all claims
for and against such estate during the pendency of the estate
proceedings prior to the distribution of the net estate to the
compulsory heirs, in view of the apparent neglect and/or continuing
refusal of the compulsory heirs to settle such estate;

Page 6 of 9
Page 7 of 9
 15. To date, no judicial proceeding has been commenced by any of the
other compulsory heirs or any interested party to settle such remaining
estate of Rodolfo Amelda after his demise sometime in August 2011;
hence, he may therefore be appointed as administrator of the estate of
the deceased who died without a will, under Section 6, Rule 78 of the
Rules of Court;

16. Petitioner is qualified under the law, competent and willing to assume
such solemn duty of administering the estate of the deceased, and
willing to post a bond that may be fixed by this Honorable Court,
conditioned upon the circumstances enumerated under Section 1, Rule
81 of the Rules of Court, as amended;

Prayer

WHEREFORE, premises considered, it is most respectfully prayed

of this Honorable Court, that after due notice, an Order be issued for the
settlement and partition of the intestate estate of Rodolfo Amelda for the
legal benefits of all the compulsory heirs be rendered by this Court, and for
such other reliefs just and equitable in the premises.

Zamboanga City, Philippines, February 2, 2023.

JOHN CARLO AMARILLE

Petitioner

Assisted by:

Atty. YASSER M. HAKIM

Stall E-39, Plaza del Pilar, Sta. Barbara
Zamboanga City
IBP No. 179598; 01-26-2022; Zamboanga City
PTR No. 2344880; 01-04-2022; Zamboanga City
Roll of Attorney No. 59985
MCLE Compliance No. VI-0058616, until April 1, 2022

Page 8 of 9
 VERIFICATION and CERTIFICATION
I, JOHN CARLO AMARILLE, of legal age, married, Filipino
citizen and a resident of Zone 5, Barangay Guiwan, Zamboanga City, hereby
declare under oath that: I am the petitioner in the above-entitled case; I have
caused the preparation of this petition, the contents of which are true and
correct to the best of my knowledge and belief; I have not commenced any
other action or proceeding involving the same issues with the Supreme
Court, Court of Appeals, or any other tribunal or agency; to the best of my
knowledge, no such action or proceeding is pending in the Supreme Court,
Court of Appeals, or any other tribunal or agency; and if I should thereafter
learn that a similar action or proceeding has been filed, or is pending before
the Supreme Court, Court of Appeals or any other tribunal or agency, I
hereby undertake to report that fact within FIVE (5) days there from to the
Honorable Court.
IN WITNESS WHEREOF, I have hereunto set my hand this _____
day of __________ 2023 at Zamboanga City, Philippines.

JOHN CARLO AMARILLE

Affiant

SUBSCRIBED AND SWORN TO, personally before me

aforenamed Petitioner, John Carlo Amarille, this _____ day or __________,
2023 in Zamboanga City, Philippines, affiant exhibited to me his
Community Tax Certificate No. __________, issued on __________, 202_,
at Zamboanga City, Philippines.

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2023.

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