REPUBLIC OF THE PHILIPPINES

5TH JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 02
NAGA CITY

IN RE: PETITION FOR APPROVAL

OF THE WILL OF JOSE PROTACIO RIZAL SPECIAL PROCEEDINGS NO. 0002
Deceased
FOR: PROBATE OF WILL

JOSEPHINE BRACKEN
Petitioner.

x-----------------------------------------------------x
PETITION

The petitioner, JOSEPHINE BRACKEN, through the undersigned counsel and unto this Honorable
Court, most respectfully avers that:

1. The petitioner is of legal age, married, Filipino and a resident of Blk. 1, Mangga St. Barangay
San Felipe, Naga City, where she can be served with summons and other processes of this
Honorable Court;
2. The petitioner is the wife and the executor named in the Last Will and Testament of JOSE
PROTACIO RIZAL, deceased, who died in Naga City on August 18. 2017, hereto attached is
the death certificate (Annex “A”) and made an integral part;
3. JOSE PROTACIO RIZAL executed and left said Last Will and Testament in accordance with the
formalities of the Republic of the Philippines, said Last Will and Testament (photostatic copy
only) dated April 10, 2018 is hereto attached (Annex “B”) and made an integral part;
4. The subscribing witnesses to said will are: LEONOR RIVERA, of legal age, married, Filipino
and a resident of Santol St., Brgy. San Felipe, Naga City; SEGUNDA KATIGBAK, of legal age,
married, Filipino and a resident of Apple St., Brgy. San Felipe, Naga City;
5. The decedent is an inhabitant of the Philippines and a resident of Blk. 1, Mangga St., Brgy.
San Felipe, Naga City at the time of his death;
6.

LAST WILL AND TESTAMENT

KNOW ALL MEN BY THESE PRESENTS:

I, ____name of testator_____ , Filipino citizen, of legal age, single/married to

___insert name of spouse if any___, born on the ____th of ______________, ____ ,
a resident of __insert address__ , being of sound and disposing mind and
memory, and not acting under undue influence or intimidation from anyone,
do hereby declare and proclaim this instrument to be my Last Will and
Testament, in English, the language which I am well conversant. And I hereby
declare that:

I. I desire that should I die, it is my wish to be buried according to

the rites of the Roman Catholic Church and interred at our family
mausoleum in Manila;

II. To my beloved wife _____name of wife_____, I give and bequeath

the following property to wit:_________________________ ;

III. To my esteemed children, ________________________ and

______________________I give and bequeath the following properties to
wit:_______________________________ in equal shares;

IV. To my dear brother, __________________________I give and

bequeath the following properties to
wit:_______________________________.

V. To my loyal assistant, __________________________I give and

bequeath the following properties to
wit:_______________________________.

VI. I hereby designate ____name of executor_____ the executor and

administrator of this Last Will and Testament, and in his incapacity,
I name and designate _____________________ as his substitute.

VII. I hereby direct that the executor and administrator of this Last
Will and Testament or his substitute need not present any bond;

VIII. I hereby revoke, set aside and annul any and all of my other
will or testamentary dispositions that I have made, executed, signed
or published preceding this Last Will and Testament.

IN WITNESS WHEREOF, I have hereunto affixed my signature this ________ day

of _____________, 20__, in ________________, Philippines.

_______________________________________
(Signature of Testator over Printed Name)

ATTESTATION CLAUSE

We, the undersigned attesting witnesses, do hereby affirm that the forgoing is
the last Will and Testament of ___name of testator___ and we certify that the
testator executed this documentwhile of sound mind and memory. That the
testator signed this document in our presence, at the bottom of the last page
and on the left hand margin of each and every page, and we, in turn, at the
testator's behest have witnessed and signed the same in every page thereof, on
the left margin, in the presence of the testator and of the notary public, this
_____ day of __________, 20__ at____________.

______________________________
 ____________________________________________
Signature of Witness
Address

______________________________
____________________________________________
Signature of Witness
Address

______________________________
____________________________________________
Signature of Witness
Address

JOINT ACKNOWLEDGMENT

BEFORE ME, Notary Public for and in the city of ________________, personally
appeared:

The testator ________________, with CTC No. __________ issued at ___________ on

____________;

Witness, ___________________, with CTC No. __________ issued at ___________ on

____________;

Witness, ___________________, with CTC No. __________ issued at ___________ on

____________;

Witness, ___________________, with CTC No. __________ issued at ___________ on

____________;

all known to me to be the same persons who executed the foregoing Will, the
first as testator and the last three as instrumental witnesses, and they
respectively acknowledged to me that the same as their own free act and deed.

This Last Will and Testament consists of __ page/s, including the page on
which this acknowledgment is written, and has been signed on the left margin
of each and every page thereof by the testator and his witnesses, and sealed
with my notarial seal.

IN WITNESS WHEREOF, I have hereunto set my hand the day, year, and place
above written.

Notary Public

Doc. No. _____;

Page No._____;
Book No._____;
Series of 20__.

LAST WILL AND TESTAMENT

KNOW ALL MEN BY THESE PRESENTS
I, _____________, of legal age, (single / married / widow), a citizen of _____________ and currently a
residentof _____________, with sound and disposing mind and memory, and without having been
forced, intimidated or unduly influenced by anybody, have hereby voluntarily executed and
proclaimed this instrument, as my Last Will and Testament, in English, a language I speak and
write with and of which I am well conversant:

1. That should I finally rest in eternal peace, it is my wish and desire that internment, vigil and burial
be made in accordance with the customs and traditions of the _____________ Church;
2.That I am the owner of the following properties:
(List and Description of Real and Personal Properties)
3.That should the Lord Almighty finally summon this soul from its earthly abode, it is my wish and
desire to bequeath, grant and devise my properties above-mentioned, as follows:
a)To my beloved (wife/husband) _____________, I hereby bequeath the properties listed as nos.
_______ above;
b)To my beloved children _____________, _____________, and _____________, I hereby bequeath in
equal shares, the properties listed as nos. _______ above;
c)To _____________ who has been my constant companion and nurse in my illness, I hereby devise
the property listed as no. _______ above;
d)To my (brother/sister/friend/etc.) _____________ I give the property listed as no. _______ above;
4.That should Divine Providence will it that I die ahead of my beloved (wife/husband), I hereby
proclaim as my wish and desire which my heirs, devisees and legatees should respect, that the
provisions of the foregoing Paragraph 3, Sub-Paragraphs b, c, and d be rendered temporarily without
force and effect, and my surviving (wife/husband) shall have full use and enjoyment of all the above-
listed properties; and only upon (his/her) demise shall the provisions of Paragraph 3, Sub-Paragraphs
b, c, and d come into effect;
5.That for the purpose of rendering this Last Will and Testament effective thru the proper proceeding
in Court, I hereby name and constitute _____________ as Executor and Administrator of this Last Will
and Testament, and that in his incapacity, I hereby name _____________ as his substitute;
6.That the Executor and Administrator I hereby nominate shall be excused from posting any bond;
7.That I hereby revoke, set aside, and annul any other will or testamentary disposition I have made,
signed, or proclaimed.
IN WITNESS WHEREOF, I have hereunto set my this ______ at _____, Philippines.
TESTATOR
ATTESTATION CLAUSE
WE, the undersigned witnesses, do hereby affirm that the foregoing is the Last Will and
'Testament of _____________ and we hereby certify: That (he/she) executed the same while of sound
and disposing mind and memory; That he signed the same in our presence, at the bottom of the last
page and on the left hand margin of each and every page, and we, at his behest, have signed
hereunder and on the left hand margin of each and every page, in (his/her) presence, in the
presence of the Notary Public, and in the presence of each and every one of us this _____________ at
_____________, Philippines.
WITNESS ADDRESS
1. ____________________________________
2. ____________________________________
3. ____________________________________
Republic of the Philippines)
Province of ____________________)S.S.
City/Municipality of _____________)
x---------------x
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in the (Province/City/Municipality) of _____________, personally
appeared the following persons, with their respective Community Tax Certificates as follows:
Name C.T.C. No.Date / Place Issued
1. TESTATOR _____________ _____________
2. WITNESS_____________ _____________
3. WITNESS_____________ _____________
4. WITNESS_____________ _____________
known to me and to me known to be the same person who executed the foregoing Last Will and
Testament, which he acknowledged to me to be (his/her) own free and voluntary act and deed and
which (he/she) executed and signed in the presence of the three (3) above-named attesting
witnesses, who all signed their names as proof of their attestation on this page before the Testator
_____________ and in the presence of each and everyone of them, and they acknowledged the
same to be their free and voluntary act and deed.
This Last Will and Testament consists of _____________.(______) pages, including the page on which
the ratification and acknowledgment are written.
WITNESS MY HAND AND SEAL this _____________ at _____________, Philippines.
NOTARY PUBLIC
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of ______;