REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

Fourth Judicial Region
Branch_____, City of Batangas

IN THE MATTER OF THE

INTESTATE SUCCESSION OF THE
ESTATE OF CARLITO D. CASTILLO

SPEC. PROC. NO.____________

With Motion for Appointment of
Administrator and for Accounting

MA. KRISTINA LOURDES

CASTILLO-DIMAILIG and CARLO
TORIAGA CASTILLO,
Petitioners.
X---------------------------------------------------------------X

PETITION

PETITIONERS, through the undersigned counsel, unto this Honorable

Court, respectfully aver that:

1. Petitioner MARIA KRISTINA LOURDES CASTILLO-DIMAILIG is of legal age,

married and a resident of Sinisian, Calaca, Batangas while PETITIONER
CARLO TORIAGA CASTILLO is of legal age, single and a resident of San
Roque, Bauan, Batangas;
2. Petitioners MARIA KRISTINA LOURDES CASTILLO-DIMAILIG AND CARLO
TORIAGA CASTILLO are the illegitimate children of Deceased Carlito D.
Castillo by virtue of his relationship to Berlita S. Toriaga, a copy of the
Birth Certificate of Petitioners are hereto attached as Annexes “A” and “B”,
respectively;
3. During his lifetime, Carlito D. Castillo was married twice, the first marriage
was to Dionisia Sanchez on March 20, 1963 at Bauan, Batangas but
registered only on June 25, 2010 and after the death of his first wife ,he
married Zenaida Alas-as on December 28, 1975 at San Juan, Batangas,
copy of their Certificate of Marriage are hereto attached as Annexes “C”
and “D”, respectively;

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4. Deceased Carlito D. Castillo’s first mariage to Dionisia Sanchez begot six
(6) children namely:
CARLOTA ROSARIO CASTILLO DE GUZMAN
CARLITO FORTUNATO S. CASTILLO
CARLITO CRISTINO S. CASTILLO
CARLITO DEBOTO S. CASTILLO,JR.
CARLITO NESTOR S. CASTILLO
CARLITO DOMINICO S. CASTILLO
Copy of their Birth Certificates are hereto attached as Annexes “E”,
“F”, “G”, “H” ,“I” and “J” respectively.
5. Deceased Carlito D. Castillo’s second marriage to Zenaida Alas-as begot
four (4) children namely:
CARLA MARIA CASTILLO-GARCIA
CARLITO A. CASTILLO II
CARMELO A. CASTILLO
CAROL A. CASTILLO
Copy of their Birth Certificates are hereto attached as Annexes“K”,
“L”, “M” and “N”, respectively.

6. CARLITO DEBOTO S. CASTILLO, JR. died without issue on November 15,

2010 at Bauan, Batangas after the death of Deceased Carlito D. Castillo, a
copy of his Death Certificate is hereto attached as Annex “N”;
7. CARLITO D. CASTILLO died on June 8, 2010 at Mary Mediatrix Medical
Center, Lipa City, Batangas without a will, a copy of his Death Certificate
is hereto attached as Annex “O”;
8. During his lifetime, Deceased Carlito D. Castillo acquired several real
properties as follows:
a. Tax Declaration No. 05-0002-01199
A parcel of commercial land with an area of 172 square meters
located at Poblacion II, Bauan, Batangas known as Lot No.
14710 bounded on the North by ALN-011(14706); on the East
by ALN-021 (14709); on the South by Kapitan Ponso St.; and,
on the West by La Corea St., with a market value of
P1,409,161.60, a copy of Tax Declaration No. 05-0002-01199 is
hereto attached as Annex “ P”;
b. Tax Declaration No. 05-0002-01277

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 A parcel of commercial land with an area of 214 square meters
located at Poblacion II, Bauan, Batangas known as Lot No. 1 of
Survey No. CCS-04-002051-D bounded on the North by Kapitan
Ponso St.; on the East by ALN-014 (14737-B)022; on the South
by ALN-022- (Lot 2); and, on the West by ALN-022- (Lot 2).,
with a market value of P770,400.00, a copy of Tax Declaration
No. 05-0002-01277 is hereto attached as Annex “ Q”;
c. Transfer Certificate of Title No. T-130808
A parcel of land (Lot1, Block 1 of the subdivision plan, Psd-04-
030928, being a portion of Lot 2, Pcs-5209, L.R.C. Record No.
N-9991), situated in the Barrio of Manghinao, Municipality of
Bauan, Province of Batangas, Island of Luzon. Bounded on the
S.W., along lines 1-2-3 by Road Lot 1; on the N., along line 3-4
by Road Lot 6, both of the subdivision plan; on the N.E., along
line 4-5 by Lot 1, Pcs-5209 and on the S.E., along line 5-1 by
Lot 2, blk. 1 of the subdivision plan. Beginning at a point
marked “1” on plan, being S. 77 deg 20’W. 357.38 m. from
B.L.L.M. 1 Mp. Of Bauan, Batangas; thence N. 13 deg. 29’W
12.46 m. to point 2; thence N. 49 deg. 58’W., 4.00 m. to point
3; thence N.85 deg. 48’E., 8.53 m. to point 4; thence S. 13 deg.
29’E., 12.86 m. to point 5; thence S. 76 deg. 31’W., 12.00 m. to
point of beginning, containing an area of ONE HUNDRED SIXTY
ONE (161) SQUARE METERS , and with market value of
P672,980.00, a copy of the said Title is hereto attached as
Annex “R”;
d. Transfer Certificate of Title No. T-154775
A parcel of land (Lot 5, Block 6 of the subdivision plan, Psd-04-
030928, being a portion of Lot 2, Pcs-5209, L.R.C. Record No.
N-9991), situated in the Barrio of Manghinao, Municipality of
Bauan, Province of Batangas, Island of Luzon. Bounded on the
S.W., along lines 1-2 by Lot 1; on the N.W., along line 2-3 by
Lot 4; on the N.E., along line 3-4 by Lot 7, all of Blk.6; on the
S.E., along line 4-5 by Road Lot 5 and on the S.W., along line 5-
1 by Lot 3, Blk. 6, all of the subdivision plan. Beginning at a
point marked “1” on plan, being S. 77 deg 21’W. 401.89 m.
from B.L.L.M. 1, Mun. of Bauan, Batangas; thence N. 07 deg.

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 00’W 6.00 m. to point 2; thence N. 83 deg. 00’E., 10.00 m. to
point 3; thence S. 07 deg. 00’E., 17.43 m. to point 4; thence S.
83 deg. 00’W., 10.00 m. to point 5; thence N. 07 deg. 00’W.,
11.42 m. to point of beginning, containing an area of ONE
HUNDRED SEVENTY FOUR (174) SQUARE METERS and with
market value of P633,360.00, a copy of the said Title is hereto
attached as Annex “S”;
e. Transfer Certificate of Title No. T-154776
A parcel of land (Lot 7, Block 6 of the subdivision plan, Psd-04-
030928, being a portion of Lot 2, Pcs-5209, L.R.C. Record No.
N-9991), situated in the Barrio of Manghinao, Municipality of
Bauan, Province of Batangas, Island of Luzon. Bounded on the
N.E., along line 1-2 by Lot 9, BLK 6; on the S.E., along line 2-3
by Road Lot 5; on the S.W., along line 3-4 by Lot 5, and on the
N.W., along line 4-1 by Lot 6, both of Blk 6, all of the
subdivision plan. Beginning at a point marked “1” on plan, being
S. 77 deg 57’W. 381.40 m. from B.L.L.M. 1, Mun. of Bauan,
Batangas; thence S. 07 deg. 00’E 17.43 m. to point 2; thence S.
83 deg. 00’W., 10.00 m. to point 3; thence N. 07 deg. 00’W.,
17.83 m. to point 4; thence N. 83 deg. 00’E., 10.00 m. to point
of beginning, containing an area of ONE HUNDRED SEVENTY
FOUR (174) SQUARE METERS , and with market value of
P633,360, a copy of the said Title is hereto attached as Annex
“T”;

f. Transfer Certificate of Title No. T-154777

A parcel of land (Lot 1, Block 6 of the subdivision plan, Psd-04-
030928, being a portion of Lot 2, Pcs-5209, L.R.C. Record No.
N-9991), situated in the Barrio of Manghinao, Municipality of
Bauan, Province of Batangas, Island of Luzon. Bounded on the
N.E., along line 1-2 by Lot 4; and along line 2-3 by Lot 5; on the
S.E., along line 3-4 by Lot 3, all of Block 6; on the S.W., along
line 4-5 by Road Lot 4; and on the N.W., along line 5-1 by Lot
2, Block 6, all of the subdivision plan. Beginning at a point
marked “1” on plan, being S. 70 deg 03’W. 400.88 m. from
B.L.L.M. 1, Mun. of Bauan, Batangas; thence S. 07 deg. 00’E

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 6.00 m. to point 2; thence S. 07 deg. 00’E., 6.00 m. to point 3;
thence S. 83 deg. 00’W., 15.00 m. to point 4; thence N. 07 deg.
00’W., 12.00 m. to point 5; thence N.83 deg. 00’W., 15.00 m. to
the point of beginning, containing an area of ONE HUNDRED
EIGHTY (180) SQUARE METERS and with market value of
P655,200.00, a copy of the said Title is hereto attached as
Annex “U”;
9. Deceased Carlito D. Castillo also left bank deposits with Metrobank,
Bauan, Batangas Branch and Rural Bank of President Jose P. Laurel,
Bauan, Batangas Branch, the nature and amount of which are unknown to
Petitioners since the Bank book and bank documents are in the custody of
CARLA MARIA CASTILLO-GARCIA who refused to disclose such
information to them.
10.Petitioners sought the assistance of the Public Attorney’s Office for the
disclosure of the nature of the bank accounts of deceased Carlito D.
Castillo with metrobank and Rural bank of President Jose P. Laurel (a copy
of the letter is hereto attached as Annex “V” ) but Metrobank refused to
disclose the details of the bank deposits of Carlito D. Castillo in the
absence of a Court Order as stated in their letter dated October 27, 2010
hereto attached as Annex “W” while Rural bank of President Jose P. Laurel
failed to formally answer the request for disclosure of the said accounts.
11.There may be other properties belonging to deceased Carlito D. Castillo
which are concealed to the Petitioners.
12.Petitioners approached their siblings and discussed with them the
possibility of partitioning the properties left by their deceased father,
Carlito D. Castillo, but some of their siblings from the union of their father
to Zenaida Alas-as wanted to exclude them in the partition being
illegitimate heirs of their deceased father and for the reason of the alleged
falsification of their birth certificates making them to appear as legitimate
children instead of illegitimate children of their late father;
13. Petitioners had possessed an open and public status as illegitimate
children of deceased Carlito D. Castillo and were even provided with a
residence by their father at Bauan, Batangas.
14.Deceased Carlito D. Castillo, as the father of petitioner Ma. Kristina
Lourdes T. Castillo, was the one who gave his written consent to the
marriage of Petitioner Ma. Kristina Lourdes T. Castillo to Edison Dimailig

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 on October 2, 2007 at Calaca, Batangas in a public document subscribed
before the Municipal Civil Registrar Milagros V. Tenorio of Calaca,
Batangas.
15.All of the properties of Deceased Carlito D. Castillo including the above
mentioned properties must be divided in accordance with law to the heirs
of the deceased.
16.CARLA MARIA CASTILLO-GARCIA is managing and controlling all the
properties left by the deceased to her own benefit and advantage to the
exclusion of the petitioners and other heirs of late Carlito D. Castillo and
no accounting has been rendered with respect to the income derived
therefrom and expenses incurred in relation thereto.
17. To avoid distrust between the heirs, it is for their common good that a
disinterested person be appointed as ADMINISTRATOR of the estate of
deceased.

WHEREFORE, it is respectfully prayed that after due hearing:

1. Letters of Administration be issued to a disinterested person whom this

Honorable Court may deem just, fair and suitable to administer the estate
of the deceased Carlito D. Castillo, upon giving of a bond in such
reasonable sum as this Honorable Court may fix;
2. CARLA MARIA CASTILLO-GARCIA be ordered to render accounting of
whatever fruits and interest on the properties and also the expenses
incurred on the properties she had administered informally.
3. After all the property of the deceased Carlito d. Castillo have been
inventoried and expenses and just debts, if any have been paid and the
legal heirs of the deceased be fully determined, that the said estate of
Carlito D. Castillo be settled and distributed among the legal heirs in
accordance with the law on intestate succession.
4. Such other remedies based on law and equities be granted to the
petitioners.

Batangas City, April 2011.

Respectfully submitted.

CARLO TORIAGA CASTILLO MA. KRISTINA LOURDES CASTILLO-DIMAILIG

Petitioner Petitioner

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 CERTIFICATION AND VERIFICATION

REPUBLIC OF THE PHILIPPINES)

IN THE CITY OF BATANGAS ) S.S
X-X-X-X-X-X-X-X-X-X-X-X-X

WE, MARIA KRISTINA LOURDES CASTILLO-DIMAILIG is of legal age,

married and a resident of Sinisian, Calaca, Batangas and CARLO TORIAGA
CASTILLO is of legal age, single and a resident of San Roque, Bauan, , after
having been duly sworn to in accordance with law, hereby depose and state:
That we are the petitioners in the above-entitled Petition and that we
caused the preparation of the same and that the allegations therein are true and
correct of our own personal knowledge;

That no other action or proceeding involving the same issues has been
hereto commenced in the Supreme Court, the Court of Appeals or any other
tribunal or agency;
That the best of my knowledge, no such action or proceeding is pending
in the Supreme Court, the Court of Appeals, or any other tribunal or agency;
That if I should thereafter learned that a similar action or proceeding has
been filed or is pending in the Supreme Court, the Court of Appeals or any other
tribunal or agency, we undertake to report the fact within five (5) days there
from to the Honorable Court.
Batangas City, April 2011.

CARLO TORIAGA CASTILLO MA. KRISTINA LOURDES CASTILLO-DIMAILIG

Affiant Affiant

SUBSCRIBED AND SWORN to before me this day of April 2011 at

Batangas City, Philippines.