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Republic of the Philippines

5TH JUDICIAL REGION


Regional Trial Court
Branch 4
LEGAZPI CITY

IN RE: PETITION FOR THE PROBATE


OF THE LAST WILL AND TESTAMENT
OF ADELAIDA RIVERA WITH PRAYER
FOR THE ISSUANCE OF LETTERS
TESTAMENTARY AND LETTERS
OF ADMINISTRATION

SP NO. A-08-092193
JOHN MARK R. GOMEZ,
Oppositor.
x---------------------------------------------------------x

MOTION FOR LEAVE OF COURT TO FILE AMENDED


OPPOSITION

OPPOSITOR, through undersigned counsel, by way of Motion for


Leave to Amend Opposition, respectfully states that:

1. An Opposition was previously filed before this HONORABLE


COURT in the case docketed as SP NO. A-08-092193;

2. In order to protect the rights and interest of herein


OPPOSITOR, to better present a clear theory of the case, and
to strengthen his factual and legal position, the latter
respectfully prays that the OPPOSITION previously filed be
amended to include the following grounds:

2.1. That oppositor JOHN MARK R. GOMEZ is an


illegitimate child of ADELAIDA RIVERA, decedent;

2.2. That he was PRETERITED in the Last Will and


Testament of ADELAIDA RIVERA, decedent; and

2.3. That there is a defect in the Attestation Clause filed by


the petitioners. It appears that the alleged Last Will and
Testament of ADELAIDA RIVERA consists of three (3) pages
only contrary to what is indicated in the attestation clause
which is (4) pages.
3. This Motion is not intended to delay this case but is being
presented solely to serve the best interest of justice and fair play
by improving the OPPOSITION TO THE PETITION on the
probate of the Last Will and Testament of ADELAIDA RIVERA.

WHEREFORE, in the interest of justice and for the legal and


factual reasons cited hereinabove, it is respectfully prayed before this
HONORABLE COURT that the OPPOSITOR be allowed to file the
Amended Opposition to the probate of the Last Will and Testament of
ADELAIDA RIVERA.

FURTHER, the Defendants respectfully pray for such and


other reliefs as may be deemed just and equitable in the premises.

ATTY. KATRINA REYES


Counsel For Oppositor
Reyes Law Office
Rm.202, Masagana Bldg
Access Road, Legazpi City
Appointment No. M-308 until December 31, 2019
IBP No. 989977, 1-23-190, Legazpi City
PTR No. 10064532, 1-20-19, Legazpi City
Roll of Attorney No. 020381
MCLE Comp. NO. IV-012, 1-20-19
Doc. No. 8;
Page No. 2;
Book No. 1;
Series of 2019;

Copy Furnished:

ATTY. DIANALYN SANTOS


Counsel for Petitioner
_______________________________
_______________________________
NOTICE OF HEARING

The Honorable Branch Clerk of Court


RTC Legazpi City, Branch 4

Greetings!
Please take notice that the foregoing motion will be submitted
by the undersigned counsels for the consideration and approval of the
Honorable Court on Saturday, March, 30, 2019, at 10:00 a.m. or soon
thereafter.

ATTY. KATRINA REYES


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