Professional Documents
Culture Documents
PETITION
1. That the Petitioner is of legal age, married, Filipino and resident of 192
Nickelodeon St. El Hub Subdivision, Cebu City where she can be served with
summons and other processes of this Honorable Court;
2. That Petitioner is the sister and the executor named in the last will and
testament of ANDRE DELA CRUZ, deceased, who died in Cebu City, on
March 12, 2015, hereto attached and marked as Annex “A” of this petition is
the death certificate;
3. That said ANDRE DELA CRUZ 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 January
8, 2013 is hereto attached as Annex “B” and made an integral part of this
petition, the original thereof to be presented to this Honorable Court at the
time of the probate;
4. That the subscribing witnesses to said will are: ANDREW RAMOS, of legal
age, single, Filipino and a resident of Lot 8, Blk 4, Macapagal St. Cebu City;
KARL KALSADA, of legal age, single, Filipino and a resident of Phase 1,
Block 7, Lot 8, Estrelado Subdivision, Villa, Cebu City; and ANGELO
RUSAL, of legal age, single, Filipino and a resident of Phase 1, Block 1, Lot
22, LemonVilla, Cebu City;
6. That the petitioner, NINA SANTOS, named in the will as executor thereof,
be allowed to serve without the required bond and that Petitioner is legally
qualified, competent, willing and ready to accept the appointment as
Executor of the last will and testament and hereby signifies her willingness to
serve and discharge her duties and responsibilities as such;
7. That the property left by the decedent consists of real and personal property,
estimated to have the gross value of TWENTY-TWO MILLION PESOS
(Php22, 000,000.00) more or less;
8. That the testatrix, at the time of the execution of the said will, was 47 years
old, of sound and disposing mind, and not acting under duress, fraud, or
undue influence and was in every respect capacitated to dispose of his estate
by will.
9. That the decedent ANDRE DELA CRUZ was survived by CASSIE CHU,
married, and RYAN DELA CRUZ single, both of legal age, Filipinos, and
residents of Lot 2, Blk 4 Arellano Villa, Cebu City where they can be served
notices.
PRAYER
(a) That, upon proper notice, publication and hearing, the abovementioned
will of deceased ANDRE DELA CRUZ be approved, allowed and
admitted to probate;
(b) That letters testamentary (or of administration) be issued to herein
petitioner, without bond;
(c) That such other relief be granted as shall be deemed just and equitable in
the premises.
I, NINA SANTOS of legal age, after having been duly sworn in accordance with
law, depose and state that:
3. I have read the contents thereof and the facts stated therein are true and correct
of my personal knowledge and/or on the basis of copies of documents and records
in my possession;
4. I have not commenced any other action or proceeding involving the same issues
in the Supreme Court, the Court of Appeals, or any other tribunal or agency;
6. 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 other tribunal or
agency, I undertake to report that fact within five (5) days therefrom to this
Honorable Court.
NINA SANTOS
Affiant