REPUBLIC OF THE PHILIPPINES

National Capital Judicial Region

Regional Trial Court
Quezon City

In the Matter of
Intestate Estate of Spouses
H and W

Petitioner,

Spec. Proc. Case No. ____

For: Issuance of Letters of
Administration

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

PETITION

PETITIONER, by counsel and to this Honorable Court,

respectfully states:

1. Petitioner is a Filipino Citizen, of legal age, married to

_________ and a resident of _______________.

2. Petitioner is the youngest of the three children of the

late H who died on 25 December, 2005, and W who died on 14
February 2009. The other children are M and J Jr.
 3. The deceased spouses were residents of
____________________________ at the time of their death.

4. The names, ages, and residence of the only surviving

Deceased Spouse are as follows:

4.1 A, 47 years old legitimate daughter of the

deceased spouses and residence at _________________________.

4.2 B, 45 years of age, legitimate son of the

deceased spouses and with residence at _____________________.

4.3 C, 40 years of age, legitimate daughter of the

deceased spouses and with residence at _____________________.

5. Petitioner has no idea whether the Deceased Spouses

executed and left their respective wills.

6. To the best of Petitioners knowledge, the deceased

spouses left and estate consisting of bank accounts, several banks
and other personal effects and belongings, with probable gross
value at least Two Million Pesos (Php 2,000,0000).

7. Since petitioner and eldest sister, A got married on 29

October 1999 and 21 March 2000 respectively, they left the
deceased spouses under the case of petitioner’s only brother B,
although petitioner and her sister would regularly visit the deceased
spouses. Considering that B was the constant companion of the
deceased spouses prior to their death , they entrusted to him the
possession of all documents evidencing ownership of several bank
accounts and other personal effects and belongings. Prior to their
death:

7.1 In several occasions, the deceased spouses

would tell petitioner that they have peso and dollar
savings/checking and time deposit account with the following
banks:
 Far West Bank

Metro Manila Bank

Bank of the Pearl of the Orient

Bank of the Philippine Islands

and that they entrusted to B their vault containing the

passbooks and time deposit certificates evidencing such
accounts, and other personal effects for safekeeping, with
directive to divide and partition the same; equally among their
three children when they pass away.

7.2 In several occasions, Petitioner’s deceased father

H, would tell petitioner that B had his Rolex watches for the
occasional use and safekeeping.

7.3 On several occasions, the deceased spouses

would remind petitioner and his siblings that the collection of
valued paintings was not supposed to be disposed of unless all
of them agreed.

8. To date, B has not accounted, liquidated, settled an

partitioned the estate of the deceased spouses. B has not even
informed his siblings respecting the details of the said estate.

9. Petitioner is not aware of any death or obligation of the

deceased spouses.

10. In order to protect the integrity of the estate of the

deceased spouses, to recover properties, to settle obligations of the
estate, if any, and to preserve the estate of the deceased spouses,
until its distribution to the respective heirs, there is urgent need to
appoint an administrator of the said estate.

11. Petitioner respectfully offers herself to be appointed

as the regular administratrix of the estate of the Deceased Spouses
until its distribution under Rule 78 of the Rules of Court. Petitioner
is qualified, competent and willing to be appointed as regular
administratrix of the Deceased Spouses because she possesses all
the qualification and none of the disqualification.

11.1 Petitioner is of legal age

11.2 Petitioner is a resident of the Philippines

11.3 Petitioner has not been charged or convicted of

any crime or offense involving moral turpitude.

11.4 Petitioner is competent, fit and able to

faithfully discharge the duties of an administratrix.

11.5 Petitioner is also willing and able to give a

bond in such sum and under such conditions as the
Honorable Court may fix and impose.

12. Pending issuance of letters administration, petitioner

also respectfully offers herself to be appointed as special
administratrix of the estate of the deceased spouses under Rule 80
of the Rules of Court so that there is someone to attend to the
immediate concerns concerning the estate, such as the filing of the
estate tax return and the payment of accrual surcharges, interest
and penalties as well as to avoid dissipation, wastage and loss of
the assets of the estate. For this purpose, petitioner is also ready,
willing, and able to post a bond in such amount as the Honorable
Court may direct.

WHEREFORE, premises considered, it is respectfully

prayed that the Honorable Court render a judgement as follows:

1. Immediately upon filing of the instant petition, an

order be issued appointing petitioner as special administratrix
of the estate of the deceased spouses until the issuance of
permanent letters of administration, and directing,
 (i) The following banks and their successors-in-
interest, namely: Far West Bank, Metro Manila Bank, Bank of
the Philippine Islands to disclose all necessary information
regarding the accounts maintained by the deceased spouses,
whether joint or individual, with them; to provide accounting
and supporting documents relative to the said accounts; and
to immediately freeze aforesaid accounts to prevent their
dissipation, wastage and loss.

(ii) For B to submit of any and all the properties left

by the deceased spouses in his possession, and to make an
accounting and liquidation of the same; and to turn over the
same to the special administratrix;

(iii) For B to surrender the value mentioned in 7.1

with all its contents to the custody of the special
administratrix; and

(iv) For B to immediately surrender possession of

any and all of the properties left by the Deceased Spouses to
petitioner as may be directed by the Honorable Court.

2. After due notice and hearing, Letters of Administration

be issued in favor of herein petitioner for the administration,
settlement and partition of the estate of the deceased spouses.

Petitioner prays for such further or other reliefs as maybe

deemed just and equitable under the premises.

27 November 2010, Quezon City.

By:

ATTY. NADINE V. BALIGOD

PTR 9833748/05-22-14/Quezon City
IBP 967670/03-24-14/Manila
MCLE Compliance Exempt pursuant to
MCLE Governing Board Order No. 1, S. 2008
Roll of Attorney 63110
nadinebaligod@gmail.com