Republic of the Philippines

REGIONAL TRIAL COURT

7th Judicial Region
Branch ____

In the Matter of Intestate Estate

of Spouses Norma and Rocco
Tantoco Spec. Pro Case No. ________
For: Issuance of Letters of
Administration with
Prayer for the Special
Administrator Allan Luis
Tantoco

Petitioner,

x———————————————x

PETITIONER, by counsel and to this Honorable Court, respectfully

states:

1. Petitioner is a Filipino citizen, of legal age, married to Pamela

Tantoco and a resident of No. 8 Rosario Village, Pelaez Street, Barangay
San Antonio, Cebu City.

2. Petitioner is the youngest child of the late Rocco Tantoco who

died on October 15, 2016 and Norma Tantoco who died on September 11,
2014. The other children are Susan Tantoco-Corpuz, Michael Tantoco and
Grace Tantoco-Cruz.

3. The deceased spouses were residents of No. 145 Doña Rita

Village, 17 Sesame Street, Banilad, Cebu City.

4. The names, ages and residences of the only surviving relatives

of the deceased spouses are as follows:

a.) A 29 year-old legitimate daughter of both spouses, Susan

Tantoco-Corpuz married to Rafael Corpuz, with residence at No.
143 Sunrise Village, Basak Pardo, Cebu City.

b.) A 46 year-old legitimate son of both spouses, Michael Tantoco,

with residence at ABC Condominiums, Sanciangko Street, Cebu
City.

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 c.) A 38 year old legitimate daughter of both spouses, Grace
Tantoco-Cruz with residence at XYZ Residences, Jakosalem Street,
Cebu City.
5. To the petitioner’s best knowledge, the deceased spouses left an estate
consisting of a house and lot, personal belongings, and several bank
accounts in different banks amounting to at least Thirty Million Pesos (Php
30,000,000.00).

6. All of the children, except for Michael Tantoco got married. As such,
Michael Tantoco lived with the deceased spouses as the late Norma Tantoco
already started having medical complications which required her son’s
support and care. Michael was also entrusted with the care of several
important documents which the deceased spouses gave to him from time to
time including those that pertain to the spouses’ ownership of several bank
accounts.

a.) In several occasions, the late Rocco Tantoco would confide to

petitioner about a peso savings account he and his wife had in Banco
de Oro, Chinabank and Metrobank including the fact that Michael
Tantoco was responsible for the safekeeping of the passbooks and
also of the eventual partition and division of the money in said
accounts.

b.) Petitioner was also informed by the late Norma Tantoco that a
diamond ring amounting to Seven Hundred Fifty Thousand Pesos
(Php 750,000.00) which she bought during a trip to Taiwan was kept
in a vault.

7. To date, Michael Tantoco has not effected an account, liquidation,

settlement and partition of the estate of the deceased spouses.

8. Petitioner is aware of the fact that all the debts and expenses of the
deceased spouses were already paid before the death of his father and no
existing obligation remained thereafter.

9. That 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, there is an urgent need to
appoint an administrator of the said estate.

10. Petitioner respectfully offers himself to be appointed as the regular

administrator of the estate of the deceased spouses under Rule 78 of the
Rules of Court, petitioner being a competent and willing person to fill the
role as well as satisfying the requirements provided under the law:

a.) Petitioner is of legal age.

b.) Petitioner is a resident of the Philippines.

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 c.) Petitioner has not been charged or convicted of any crime or
offense involving moral torpitude.
d.) Petitioner is also willing and ale to give a bond in such sum and
under such conditions as the Honorable Court may fix and impose.

11. Pending issuance of letters of administration, petitioner also

respectfully offers himself to be appointed as the special administrator of the
estate of the deceased spouses under Rule 80 of the Rules of Court to attend
to the immediate concerns involving the estate such as filing the estate tax
returns. For this purpose, petitioner is just as able, competent and willing to
post a bond in such amount as the Honorable Court may direct.

WHEREFORE, premises considered, it is respectfully prayed that the

Honorable Court render judgment as follows:

1. That an order be issued upon the filing of the instant petition to

appoint petitioner as special administrator of the estate of the deceased
spouses until the issuance of permanent letters of administration.

2. That such order would direct:

a.) The following banks: Banco de Oro, Metrobank and Chinabank

to disclose all the necessary information regarding the accounts of
the deceased spouses, whether individual or joint and to provide
such documents which would be pertinent to account for such
deposits.

b.) For Michael Tantoco to submit an inventory of any and all

properties left by the deceased spouses in his possession and to
make an accounting and liquidation of the same.

c.) For Michael Tantoco to turn over properties of the deceased

spouses which are in his possession.

Petitioner prays for such further or other relief as maybe deemed just and
equitable under the premises.

Cebu City, February 15, 2019.

ALEXANDRE U. CABILTE
Roll of Attorneys No. 41098
PTR No. 8762154 1/14/2019
IBP LRN 06788
MCLE Compliance No. V-00089123-12/30/2018
Tel. No. (032) 417-4167

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 Cell Phone No. 09187658579
Email Address: alexandrecabilte@gmail.com
Unit 9, Greenlane Building, Jakosalem Street,
Cebu City, Philippines

VERIFICATION AND CERTIFICATE OF NON-FORUM SHOPPING

I, ALLAN LUIS TANTOCO, Filipino, of legal age, with residence at

Block 8, Sunset Subdivision, Barangay Tabunok, Talisay City after having
been sowrn to in accordance with law hereby states:

1. I am the petitioner in the above-entitled case.

2. I caused the preparation of the aforementioned petition.

3. I hereby certify that I have not commenced any other action or

proceeding involving the same issues as are now raised in the petition,
before the Supreme Court, the Court of Appeals or any other court, tribunal
or agency. To the best of my knowledge, no such action or proceeding is
pending before the Supreme Court, the Court of Appeals, or any other court,
tribunal or agency. Should I learn that a similar action or proceeding has
been filed or is pending before the Supreme Court, the Court of Appeals or
any other court, tribunal or agency, I shall personally notify this Honorable
Court of such fact within five (5) days from said notice.

ALLAN LUIS TANTOCO

Affiant

SUBSCRIBED AND SWORN TO before me this 15th day of

February, 2019 affiant exhibiting to me his Driver’s License No. G08-05-
075488 issued at Cebu City valid until March 2, 2023.

SAMANTHA DAWN F. BALUMA

Notary Public for Cebu City
Notarial Commission No. 063-97 (Until Dec. 31, 2019)
Unit 9, Greenlane Building, Jakosalem Street,
Cebu City, Philippines
PTR No. _______
Roll of Attorneys No. ______; IBP LRN 06788
MCLE Compliance No. _______

Doc. No. ____;

Page No. ____ ;
Book No. ____;

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Series of 2019.