REPUBLIC OF THE PHILIPPINES

___ JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH ___
MALOLOS, BULACAN

IN RE: PETITION FOR PROBATE OF SPEC PRO NO. _______

THE WILL OF RUPERTA PALAGANAS
WITH PRAYER FOR THE FOR: PROBATE OF
APPOINTMENT OF SPECIAL WILL
ADMINISTRATOR
ERNESTO PALAGANAS and SERGIO
PALAGANAS,
- Petitioners.
vs.
MANUEL MIGUEL PALAGANAS
and BENJAMIN GREGORIO
PALAGANAS,
- Oppositors.

X--------------------------------------------------X

COMMENT AND OPPOSITION

OPPOSITORS, MANUEL MIGUEL PALAGANAS and BENJAMIN

GREGORIO PALAGANAS through the undersigned counsel, appearing
especially and solely for this purpose, and to this Honorable Court, most
respectfully states:

1. That MANUEL MIGUEL PALAGANAS (“MANUEL” for brevity) and

BENJAMIN GREGORIO PALAGANAS (“BENJAMIN” for brevity),
both of legal age, married, Filipino and residents of Paseo del Congreso St,
Malolos, 3000 Bulacan where they can be served with summons and other
processes of this Honorable Court, through the his undersigned counsel at
the address stated below;

2. That MANUEL and BENJAMIN, named in the will as devisees and legatees
thereof;

3. That on December 1, 2001, MANUEL and BENJAMIN received a Notice of

the Petition for the probate of the will of Ruperta Palaganas; and most
respectfully oppose the petition;

4. It is provided under the Rules of Court, that a will proved outside the
Philippines may be allowed here. Wills proved and allowed in a foreign
country according to its laws may be allowed, filed and recorded by the
proper Regional Trial Court in the Philippines (Sec. 1, Rule 77, RoC). The

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 petitioners has failed to comply with the rule by not providing any proof that
the will was probated in California;

5. That if, the will was not actually probated in the foreign court; the
petitioners have prematurely and erroneously filed the same for probate
before this Honorable Court.

6. In reprobate, the findings of the foreign probate court over the matter must
first be established, before the local court should acknowledge it. In which
case, the petitioners failed to do so.

PRAYER

WHEREFORE, it is respectfully prayed that the Petition for Probate of Ruperta

Palaganas’ will be DISALLOWED.
Other reliefs just and equitable are likewise prayed for.

Malolos, Bulacan Philippines, December 10, 2000

ATTY. JUAN DELA CRUZ

Counsel for the Petitioner
Maka St. Poblacion 1 Malolos, Bulacan
IBP No. 654904
PTR No. 7121450
Roll Attorney No. 22345
MCLE Comp. No. IV-00034859, 23847

VERIFICATION AND CERTIFICATION

We, MANUEL MIGUEL PALAGANAS and BENJAMIN GREGORIO

PALAGANAS, of legal age, after having been duly sworn in accordance with law,
depose and state that:

1. We are the petitioners in the above-stated case;

2. We caused the preparation of the foregoing petition;

3. We 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. We 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;

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 5. To the best of our knowledge and belief, no such action or proceeding is
pending in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;

6. If we 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.

MANUEL MIGUEL BENJAMIN GREGORIO

PALAGANAS PALAGANAS
Affiant Affiant

                 SUBSCRIBED AND SWORN to before me this ___ day of

__________ 200_ at _________________ affiant exhibiting to me his ________
 

Doc. No. ;
Page No. ;
Book No. ;
Series of 200_.

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