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Republic of the Philippines

6TH JUDICIAL REGION


Regional Trial Court
Branch 38
Iloilo City
IN RE: PETITION FOR THE PROBATE
OF THE LAST WILL AND TESTAMENT
OF JOSE K. CRUZ
SP NO. A-08-092193
JESRYLL J. CRUZ,
Oppositor.
x---------------------------------------------------------x

OPPOSITION TO THE PETITION


OPPOSITOR,

through

undersigned

counsel,

respectfully

OPPOSES the probate of the alleged will of his father, JOSE K. CRUZ
(hereinafter referred to as the DECEDENT) and states:
1. That he is 40 years old, Filipino, singe and a resident of Rica Village,
Jaro, Iloilo City, Phiippines.
2. That he may be served with summons and other court processes in the
office of the undersigned counsel stated hereunder; and
3. That he is the legitimate son of the DECEDENT who died on March
31, 2013.
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 law and presents the following support of its
position:
I.The will was not executed and attested as required by 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/ordinary) wills, Article 805 the New
Civil Code provides:
Art. 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, and by his express direction, and attested
and subscribed by three or more credible witnesses in the presence of the
testator and of one 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 the
will is written, and the fact that the testator 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 the 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. (n)
DECEDENTs will failed to meet the requirements lay down by the
provision above, to wit:
a. The pages were not numbered correlatively in letters on the upper
part of each page.
b. Absence of testators signature on each and every page on the left
margin of the will; and
c. The attestation failed to state the number of pages used upon which
the will is written.
PRAYER
WHEREFORE, premises considered, OPPOSITOR JESRYLL J.
CRUZ respectfully prays from this Honorable Court that:
1. the Petition for the probate of the alleged will of the late JOSE K.
CRUZ be denied;

2. the estate of the late JOSE K. CRUZ be partitioned in accordance with


the laws on intestacy; and
3. other just and equitable remedies.
Respectfully submitted.
Iloilo City, Philippines, December 5, 2014.

ATTY. VINCENT ENRIQUE A. VARONA


Counsel for Oppositor
Varona Law Office, Alta Tierra Village, Jaro, Iloilo City
Roll of Attorneys No. 54321
PTR NO. 654321, 01/06/14, Iloilo City
IBP NO. 123456, 01/04/14, Iloilo City
MCLE Comp. No. IV-0009876, 01/02/14

REPUBLIC OF THE PHILIPPINES)


ILOILO CITY
) SS.
x------------------------x

VERIFICATION AND CERTIFICATION

I, JESRYLL J. CRUZ, of legal age, Filipino and with address at


Brgy. Dungon A., Jaro, Iloilo City, Philippines, 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, the 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 Appeals, or any
other tribunal or agency; that there is no other action or proceeding which is
either pending or may have been terminated, and if I 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 tribunal or agency, I undertake
to report that fact within five (5) days there from to this Honorable Court.

JESRYLL J. CRUZ
Affiant
TIN 13647-210, Iloilo City

SUBSCRIBED AND SWORN to before me, this 05th day of


December 2014, affiant exhibiting to me his Tax Identification Card as
shown above below hisname as competent evidence of his identity.

ATTY. VINCENT ENRIQUE A. VARONA


Notary Public for and in the City and Province of Iloilo
My Commission No. is 58
Expires on December 31, 2015
Varona Law Office, Alta Tierra Village, Jaro, Iloilo City
Roll of Attorneys No. 54321
PTR NO. 654321, 01/06/14, Iloilo City
IBP NO. 123456, 01/04/14, Iloilo City
MCLE Comp. No. IV-0009876, 01/02/14

Doc. No. 4;
Page No. 2;
Book No. 1;
Series of 2015;