July 10, 2014

#69 Arlington Pond

Cebu City, Cebu, Philipines
Mrs. Myrna dela Cru
!ear Mrs. Myrna dela Cru,
"ou as#ed our opinion regarding a $udi%ial partition &led by your %hildren Jose
$r., Car'el and Marie against you (or a 40 )e%tare land lo%ated in *arla%, Philippines.
Pre+iously, you 'entioned that a ,ill ,as e-e%uted by your late husband Mr. Jose
dela Cru a Canadian %itien, and that su%h ,ill ,as already probated and appro+ed
by the Canadian %ourt.
. belie+e that ,ith the (oregoing (a%ts that you ha+e narrated, you ha+e a
strong %lai' to your husband/s property lo%ated in *arla%. *his is due to the rights
+ested in you by the ,ill e-e%uted by your husband in 2011.
0hat is a 0ill1
A%%ording to Arti%le 234 o( the 5e, Ci+il Code o( the Philippines, a ,ill is
6A ,ill is an a%t ,hereby a person is per'itted, ,ith the (or'alities
pres%ribed
by la,, to %ontrol to a %ertain degree the disposition o( this estate, to ta#e
e7e%t a(ter his death.8
9pon the death o( your husband on 2012, the trans(er o( the property to your na'e
as the sole heir i''ediately too# e7e%t.
Arti%le 316. *he ,ill o( an alien ,ho is abroad produ%es e7e%t in the Philippines i(
'ade ,ith the (or'alities pres%ribed by the la,
o( the pla%e in ,hi%h he resides, or a%%ording to the (or'alities obser+ed in his
%ountry, or in %on(or'ity ,ith those ,hi%h this Code
pres%ribes.