Republic of the Philippines
REGIONAL TRIAL COURT OF B AGUIO CITY
FIRST JUDICIAL REGION
IN RE: PETITION FOR THE PROBATE OF THE HULING KAGUSTUHAN AT TESTAMENTO OF FRANC ISCO BATANGLAWIN SR.,
GLORY DE GUZMAN-BATANGLAWIN,
ROLANDO BATANGLAWIN, RUBILYN
CASE NO. 2362-R
Before the Court is a Petition for the Probate of the Huling Kagustuhan at Testamento of Franscisco Batanglawin, Sr., which states:
“ COMES now the Petitioners by and though the undersigned counsel, and unto this Honorable Court, respectfully allege:
1. That petitioners are all of legal ages, Filipino citizens, all presently residing at No. 142 Brookspoint, Aurora Hill, Batanglawin is the widow of the FRANCISCO BATANGLAWIN JR., who is the son of the deceased FRANCISCO BATANGLAWIN, SR., while ROLANDO BATANGLAWIN, ROSALY BATANGLAWIN,RUBILYN BATANGLAWIN AND LEONARDO BATANGLAWIN are their children;
2.That on July 4,2011 , FRANSISCO BATANGLAWIN SR., died in No. 142 Brookspoint, Aurora Hill, Baguio City, Philippines, where he last resided;
3.That on the 10th day of June 2010, Francisco Batanglawin Sr. Executed a HULING KAGUSTUHAN AT TESTAMENTO. The Huling KAGUSTUHAN AT TESTAMENTO was in taglog language as this is the language that can be understood by the testator and the will was signed by the testator himself and was notarized by atty. Alex G. Reyes on the 19th day of June 2010. Under Doc. No. 241; page no. 49; Book no.2 Series of 2010. A copy of said Huling Kagustuhan at Testamento is hereto attached and marked as Annex “A” ,to form part hereof;
4. That said HULING KAGUSTUHAN AT TESTAMENTO have been executed in accordance with the Philippine law and that it did comply with all the requisites provided under Article 804 and 805 of the New Civil Code of the Philippines;
“ Article 804 of the New Civil Code. Every will must be in writing and executed in a language or dialect known to the testator.
“ Article 805 of the New Civil Code. Every will, other than holographic will, must be subscribed at the end thereof by the testator himself or by the testator’ s name written b y some other person in his presence of the testator and of one another.
“ The testator or the person requested by him to write his name and the instrumental witnesses of the will, shall also sign, as aforesaid, each and every page thereof, except the last, on the left margin, and all the pages shall be numbered correlatively in letters and placed on the upper part of each page.
“The attestation shall state the number of pages used upon which the will is written, and the fact that the testator singed the will and every page thereof, or caused some other person to write his name, under his express direction, in the presence of the instrumental witnesses, and that the latter witnesses and signed the will and all the pages thereof in the presence of the testator and of one another.
“ if the attestation clause is in a language not known to the witnesses, it shall be interpreted to them.
5. That the deceased Francisco Batanglawin Sr. Left only two properties namely a lot and house located at no.142 Brookspoint, Aurora Hill, Baguio City, Philippines. The lot is covered by KATIBAYAN NG ORIHINAL NA TITULO Blg. P-4234, containing an area of THREE HUNDRED THIRTEEN (313)SQUARE METERS. The copy of the KATIBAYAN NG ORIHINAL NA TITULO Blg P-4234 is hereto attached and marked as Annex “B”, to form part hereof;
6.That the deceased left as his HEIRS GLORY DE GUZMAN- BATANGLAWIN, The widow of FRANCISCO BATANGLAWIN JR., AND her six (6) children namely: 1. ROLANDO BTANGLAWIN, 2. RUBILYN BATANGLAWIN,3. ROSALYN BATANGLAWIN, 4.LEONARDO BATANGLAWIN, 5.REYNALYN BATANGLAWIN, a minor, and 6. ROSELYN BATANGLAWIN, also a minor,
7. That in the said HULING KAGUSTUHAN AT TESTAMENTO, the deceased testator want that the house and lot including all that is built or put in the house and lot including all that is built or put in the house and lot will be given to GLORY DE GUZMAN- BATANGLAWIN and her six (6) children. The portion of HULING KAGUSTUHAN AT TESTAMENTO, IS HERETO reproduced, to wit:
“ 5. Na gusto at nais ko na kay GLORY DE GUZMAN-BATANGLAWIN at mga anak nya na nabanggit sa una na mga apo ko maibibigay ang lupain at bahay na pagaari ko sa No.142, Brookspoint, Aurora Hill, Baguio City, kasama ang lahat na nagawa at nailagay sa lupain at bahay na nabanggit sa kasulatang ito, taglay ang titulo na may numerong Original Certificate title no.P4234, with SN 007 8057, bearing an area of 313 sq.meters mula sa Gobyernong local ng Baguio City;
8. That the deceased testator left no debts.
WHEREFORE, premises duly considered, Petitioners respectfully prayed that after due notice and publication this Honorable Court fix the date for the probate of said HULING KAGUSTUHAN AT TESTAMENTO and that letters and thereafter the properties of the deceased be adjudicated in accordance with the said HULING KAGUSTUHAN AT TESTAMENTO.
“ Other remedies just and equitable under the premises are likewise prayed for.
“ Baguio City, Philippines. May 31,2014.
“ Respectfully submitted.”
Finding the Petition sufficient in form and substance, notice is hereby given that the time proving the will shall be on October 21, 2014, at 8:30 o’ clock in the morning at the sala of this Court in open session. All concerned may appear to contest the allowance of the will.
Let thisOrder be published once a week for three (3) consecutive weeks in a newspaper of general circulation in Baguio City and Benguet, Send a copy of this Order to the known heirs identified in the Petition as well as to the Office of the Solicitor General, with a copy of the Petition itself with a copy of the Petition with respect to the latter.
DONE IN CHAMBERS, this is 1st of July 2014,at Baguio City Philippines.
By:(SGD) EMMANUEL CACHO RASING
Publication dates: July 5, 12 and 19, 2014