Republic of the Philippines

REGIONAL TRIAL COURT

7th Judicial Region
BRANCH __
Lapu-Lapu City, Cebu

In the Matter of the Intestate Spec. Proc. Case No. _______

Estate of Spouses Juan and Juana
Dela Cruz For: Issuance of Letters of
Administration
Gloria Dela Cruz-Santos, P
E
Petitioner. TITION
X - - - - - - - - - - - - - - - - - - - - - - - -/
PETITIONER, by counsel and to this Honorable Court, respectfully
states that:

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

Santos, and a resident of Lot 1, Blk. 1, Mactan Tropics, Brgy. Gun-ob,
Lapu-Lapu City;

2. Petitioner is the eldest of the three children of the late Spouses Juan
and Juana Dela Cruz who both died on 15 April 2021 and 20 April
2021, respectively. A copy of their marriage and respective death
certificates are hereto attached forming part hereof and marked as
ANNEXES “A”, “B” and “C”;

3. The deceased spouses were residents of Lot 2, Blk. 1, Mactan Tropics,

Brgy. Gun-ob, Lapu-Lapu City at the time of their death. A copy of
their Barangay Residence Certificate is hereto attached forming part
hereof and marked as ANNEXES “D” and “E”;

4. The deceased spouses are survived by their legitimate children. Their

names, ages and residences are provided as follows:

4.1 Gloria T. Dela Cruz-Santos, 45 years old, legitimate daughter of

the deceased spouses and a resident of Lot 1, Blk. 1, Mactan
Tropics, Brgy. Gun-ob, Lapu-Lapu City;

4.2 Jose T. Dela Cruz, 40 years old, legitimate son of the deceased
spouses and a resident of Lot 3, Blk. 1, Mactan Tropics, Brgy.
Gun-ob, Lapu-Lapu City;
 4.3 Joanna T. Dela Cruz, 35 years old, legitimate daughter of the
deceased spouses and a resident of Lot 4, Blk. 1, Mactan Tropics,
Brgy. Gun-ob, Lapu-Lapu City;

A copy of their birth certificates are hereto attached forming part

hereof and marked as ANNEXES “F”, “G” and “H” respectively;

5. To the best of petitioner’s knowledge, the deceased spouses did not

execute nor left their respective last wills and testaments;

6. The deceased spouses left an estate consisting of a real property and

bank accounts with several banks with a probable gross value of at
least Three Million Pesos (Php3,000,000.00);

7. The estate is hereto enumerated as follows:

7.1 Real Property covered under Transfer Certificate of Title No.

100-000-000, located in Mactan Tropics, Gun-ob, Lapu-Lapu
City, with a land area of Two Hundred square meters (200 sq.m.).
The lot has an assessed value of Five Hundred Thousand Pesos
(Php/500,000.00). A copy of the TCT and the Tax declaration is
hereto attached forming part hereof and marked as ANNEXES
“I” and “J”;

7.2 A peso savings joint-account in the name of both the deceased

spouses amounting to One million and Five Hundred Thousand
Pesos (Php/1,500,000.00) deposited at the Philippine National
Bank – Gun-ob Branch. A copy of the bank statement is hereto
attached forming part hereof and marked as ANNEX “K”;

7.3 A dollar savings joint-account in the name of both the deceased

spouses amounting to Twenty Thousand Six Hundred Sixty-six
U.S. dollars (USD/20,666.00) deposited at the Far East Bank –
Pajo Branch. A copy of the bank statement is hereto attached
forming part hereof and marked as ANNEX “L”;

8. In several occasions, the deceased spouses would remind and had

given their children the directive to divide and partition the same,
equally among themselves when they pass away;

9. The deceased spouses also left an existing loan obligation with ABC
financial lending company. The unpaid obligation amounts to two
hundred thousand pesos (Php/200,000.00). A copy of the promissory

Page 2 of 6
 note is hereto attached forming part hereof and marked as ANNEX
“M”;

10. To date, the petitioner and the surviving heirs have not accounted,
liquidated, settled and partitioned the estate of the deceased spouses;

11. In order to protect the integrity of the estate of the deceased spouses,
to settle obligations of the estate and to preserve the estate until its
distribution to the rightful heirs, there is an urgent need to appoint an
administrator of the said estate;

12. Petitioner respectfully offers herself to be appointed as the regular

administratrix of the estate of the Deceased spouses under Rule 78 of
the Rules of Court. Petitioner is qualified, competent and willing to be
appointed as the regular administratrix of the intestate of the deceased
spouses because she possession all of the qualifications and none of
the disqualifications;

12.1 Petitioner is of legal age;

12.2 Petitioner is a resident of the Philippines;

12.3 Petitioner has not been charged or convicted of any crime or

offense involving moral turpitude;

12.4 Petitioner is competent, fit and able to faithfully discharge of

the duties of an administratrix;

12.5 Petitioner is also willing and able to give a bond in such sum
and under such conditions as the Honorable Court may fix and
impose;

13. Pending issuance of letters of administration, petitioner also

respectfully offers herself to be appointed as the special adminstratrix
of the estate 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 estate such as the filing of the estate tax return and the
payment of the applicable estate tax with the Bureau of Internal
Revenue to avoid any accrual of surcharges, interest and penalties as
well as to avoid dissipation, wastage and loss of the assets of the
estate. For this purpose, petitioner is also ready, willing and able to
post a bond in such amount as the Honorable Court may direct;

Page 3 of 6
 WHEREFORE, premises considered, it is respectfully prayed that
the Honorable Court render judgment as follows:

1. Immediately upon filing of the instant petition, an Order be issued

appointing petitioner as special administratrix of the estate of the
deceased spouses until the issuance of permanent letters of
administration and directing:

1.1 The following banks namely: Philippine National Bank – Gun-

ob Branch and Far East Bank – Pajo Branch, to disclose all
necessary information regarding the accounts maintained by
the deceased spouses whether joint or individual, with them; to
provide accounting and supporting documents relative to the
said accounts and to immediately freeze aforesaid accounts to
prevent their dissipation, wastage and loss.

1.2 ABC financial lending company to submit a complete and

detailed statement of the remaining unpaid obligation of the
deceased spouses, including the payments already rendered;

2. After due notice and hearing, Letters of Administration be issued

in favor of herein petitioner for the administration, settlement and
partition of the estate of the deceased spouses.

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

30 April 2021, Lapu-Lapu City, Cebu, Philippines.

Group 1 Law Firm

Counsel for Petitioner
2/F Yampoy Bldg., F. Martir St.,
Poblacion, Cebu City
Cebu, Philippines
Tel. No. (053) 260-5495/09773998017
E-mail: Group1@lawfirm.com

BY: COUNSEL FOR PETITIONER

JOHN LYOD CRUZ

Roll No. 5000
IBP No. 011 – Lifetime
PTR No. 70 - 1/2/2020 Cebu

Page 4 of 6
 MCLE Compliance VI No. 001234
Issued on January 12, 2020
Tel No. 09771234567
johnlyodcruz@lawfirm.com

REPUBLIC OF THE PHILIPPINES )

CITY OF CEBU ...........................) S.S.

VERIFICATION AND CERTIFICATION AGAINST NON-FORUM

SHOPPING

That I, GLORIA DELA CRUZ-SANTOS, of legal age, married and

a resident of Lot 1, Blk. 1, Mactan Tropics, Brgy. Gun-ob, Lapu-Lapu City,
Cebu, Philippines, after having been duly sworn, to and in accordance with
law, do hereby depose and state that:

1. That I have caused the preparation and filing of the foregoing

special proceeding;

2. That, all the allegations therein are true and correct of my own
accord, based on my personal knowledge and on authentic
documents;

3. That this petition is not filed to harass, cause unnecessary delay or

needlessly increase the cost of litigation;

4. That the factual allegations therein have evidentiary support or if

specifically, so identified, will likewise have evidentiary support
after a reasonable opportunity for discovery;

5. That based on my personal knowledge, I have not commenced any

other action or case similar to the claim herein made before the
Supreme Court, Court of Appeals or any other tribunal, agency or
body.

6. That If I should thereafter learn that a similar action has been filed
before any tribunal, agency or body, I undertake to report that fact
within five (5) calendar days therefrom to this Honorable Court.

Executed this 30th April 2021, in Lapu-Lapu City, Cebu,

Philippines.
GLORIA DELA CRUZ-SANTOS
Affiant
Philippine
Page 5 of 6 Passport # 11105642
Issued on 1/1/2019
Expires on 1/1/2029
Issued at Department of Foreign Affairs
 SUBSCRIBED AND SWORN to before me, this 30th day of April
2021, affiant exhibiting to me her Philippine Passport, as shown above,
below her name. Further, I hereby certify that Affiant is personally known to
me and that she has executed the foregoing verification in my presence.

Doc. No. 01; BEA ALONZO

Page No. 01; Notary Public of Cebu City
Book No. 01; Notarial Commission 505-L
Series of 2021 Until December 31, 2020
PTR # 123456, Cebu City, 1-3-2020
IBP-Life 04719 OR # 553372, Cebu, 1-3-03
TIN-123-456-789, Roll of Attys. # 12345
2/F Yampoy Bldg., F. Martir St.,
Poblacion, Cebu City
MCLE Compliance # VI-0016211
Valid until 4/14/22

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