Professional Documents
Culture Documents
,~ , c'\U U LU VY no m J ssu ed
~epublic of t h e Phi)jppino8
Natwna l Capital Judicia] Region
Regional 'rria] Cou rt
Quezon City
In the Matter of
Intestate Estate of Spouses
HandW Spec. Proc. Case No. _ _ __
For: Issuance of Letters of
Administration with Prayer
for the Special Administratrix J
Petitioner,
x------------------------------------------x
PETITIONER, by counsel and to this Honorable Court, respectfully
states:
1. Petitioner is a Filipino citizen, of legal age, married to R, and a
resident of _________ , Makati City.
2. Petitioner is the youngest of the three children of the late H,
who died on 25 December, 2015, and W, who died on 14 February 2019. 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 residences of the only surviving Deceased
Spouses are as follows:
4.1 A, 4 7 years legitimate daughter of the deceased spouses,
and with residence address at _ _ _ _ _ _ __
4.2 B, 45 years of age, legitimate son of the deceased spouses,
and with residence address at _ _ _ _ _ _ _ _ ; and
4.3 C, 40 years of age, legitimate daughter of the deceased
spouses, and with residence address at _ _ _ _ _ _ _ __
5. Petitioner has no idea whether the Deceased Spouses executed
and left their respective wills.
6. To the best of petitioner' knowledge, the deceased spouses left
an estate consisting of bank accounts several banks and other personal
effects and belongings, with a probable gross value of ut least Two Million
Pesos (Php2,000,000.00).
7. Since petitioner and eldest sister, A got married on 29 Octo-
ber 2009 and 21 March 2010 respectively, t hey left the deceased spouses
under the case of petitioner'!-~onl y broth or B, aJthough petition er and her
sister would regularly visit the dccemmd s pour'leR. Con f'! idcrjng thvt B wa8
the constant compHnion of the dcceuscd s pouse fi prior to thei r death, th ey
entrusted to hi m the possession of a11 docum e n tF; evidcncjng own ,Jr ship <>f
several ba nk accounts and other persona] effects nn<l beJonging8. Prior to
their death:
7.1 On several occasions, the deceased spouses wouJ<l tell
petitioner that they have peso and dollar savings/checking and time
deposits accounts with the following banks:
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 a directive to divide and partition the
same; equally among their three children when they pass away.
7.2 On several occasions, Petitioner's deceased father H,
would tell petitioner that B had his Rolex watches for his 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, and parti-
tioned the estate of the deceased spouses. B has not even informed his sib-
lings about the details respecting the said estate.
9. Petitioner is not aware of any debt 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 the obligations of the estate, if any.
and to preserve the estate of the Deceased Spouses until its distribution to
the rightful heirs, there is an urgent need to appoint an administrator of th~
said estate.
11. Petitioner respectfully offers herself to be appointed as the reg-n·
lar administratrix of the estate of the Deceased Spouses under Rule 78 of
the Rules of Court. Petitioner is qualified, competent a nd willing to be flP·
pointed as regular administratrix of the intest a te of the Deceased Spouses
because she possesses all the qualification a nd none of the disqualification.
11.1 Petitioner is of legal age.
11.2 Petitioner is a r esiden t of t he Philippines.
vv llen nnd to Who rn Jmlll f! d
or 0 f£ 11.3 · Petitioner
. "l .
hnA not l>eon c·1HU'J{O(1 or conv1ctecJ of nny c;rjme
ense invo 1ving n10rnl turpitud e.
is comp c t.en t , f'l 1 flflua1 . .
11e to f':11th
t' OPetitioner
th d 11.4 f' .. ' 0
.1
fuJlycJj ,;charge
e u ies an adn11111 strnt.rix.
l 1.S Petitioner is also willing antl able to give a hond jn Ruch
~uni and under such conditions as the Honorable Court may fix and
unpose.
12
f· Pending issuance of letters of administration, petitioner also
respect
f h ully offers herself to b e app01n · 1 a d m1n1stratnx
· t e d as th e specia · · ·
0
t e e state of the deceased spouses under Rule 80 of the Rules of Court
so that there is someone to attend to the immediate concerns involving
the :state, such as the filing of the estate tax return and the payment of
applicable estate tax due with the Bureau of Internal Revenue to avoid
accrual of surcharges, interest and penalties as well as to avoid dissipation,
wastage and _lo~s of the assets of the estate. For this purpose, petitioner is
also ready, w1lhng, and able to post a bond in such amount as the Honorable
Court may direct.