Republic of the
Philippines
REGIONAL TRIAL COURT
FIRST JUDICIAL REGION
Branch 63
La Trinidad, Benguet
Email-regionaltrialcourtbr63@yahoo.com
Tel. No. 422-2812
IN THE MATTER OF PETITION TO APPROVE THE WILL OF LORENZO DOMOGAN, DECEASED and ISSUANCE OF LETTERS TESTAMENTARY/ADMINISTRATION
MAURICIO G. DOMOGAN and JUANA DOMOGAN-LEE
SPEC. PROC. CASE NO.
17-SP-0133
For: Probate of Will
x————-x
NOTICE OF INITIAL HEARING
Petitioner, through counsel, filed a verification petition in this Court for MATTER OF PETITION TO APPROVE THE WILL OF LORENZO DOMOGAN, DECEASED and ISSUANCE OF LETTERS TESTAMENTARY/ADMINISTRATION, under Rule 76 of the Rules of Court alleging in essence, thus:
AMENDED PETITION
COME NOW the Petitioners through the undersigned counsel and unto this Honorable Court most respectfully states:
1. That the petitioners are both of legal age, both married, Filipino citizen and residents of Lower Ambiong, Baguio City and No. 34 Upper Brookside, Baguio City respectively;
2. That the deceased LORENZO DOMOGAN, a resident of Central Ambiong, La Trinidad, Benguet died on February 19, 2017 in the City of Baguio City, Philippines, a machine copy of his Certificate of Death of which is attached hereto as Annex “A” and made as part hereof;
3. That the deceased LORENZO DOMOGAN at the time of his death left a Last Will and Testament dated April 4, 2008 docketed as Doc. No. 237; Page No. 49; Book No. 24; Series of 2008 in the notarial register of Atty. Ologen D. Dao-Ayan of Baguio City, a machine copy of which is likewise attached as Annex “B” and made an integral part of this petition;
4. That the Petitioner MAURICIO G. DOMOGAN, who is a nephew of the late LORENZO DOMOGAN is the person named as executor and administrator in said will. Said person consent to act as such executor/administrator and substitute while petitioner JUANA DOMOGAN-LEE is a niece of the late LORENZO DOMOGAN and named as an heir in his last will and testament. She has possession and custody of the Will;
5. That the subscribing witnesses to said will are (1) FEDERICO D. DAIWEY, a resident of Baguio City; (2) ARSENIA MAMANAO, a resident of No. 48 Holy Ghost Ext., Baguio City; (3) JULIET D. ANOSAN, a resident of Purok 27, San Carlos Heights, Baguio City;
6. That the names, ages and residences of the legatees of the aforementioned decedent are the following, to wit;
Name: JUANA DOMOGAN-LEE
Age: 66
Residence: Lower Ambiong, Baguio City
and/or
Name: MILO DOMOGAN LEE
Age: 38
Residence: Lower Ambiong, Baguio City
7. That the said decedent left real properties which was mentioned in his hlast will and testament with the then assessed gross value of TWO HUNDRED SEVENTY-SIX EIGHT HUNDRED NINETY PESOS (P276,890) as of the time of the execution of the Will more than nice (9) years ago but the assessment has been revised to the gross value of FOUR HUNDRED FORTY EIGHT THOUSAND EIGHT HUNDRED PESOS (448,800) as follows:
(a) A registered parcel of land residential land having an area of One Hundred (100) square meters, more or less, located at Ambiong, La Trinidad, Benguet, and covered by Katibayan ng Orihinal na Titulo Blg. P-7680 under my name and covered by Tax Declaration under ARP No. 99-004-05309; Property Identification No. 009-03-004-10-309; Assessor’s Office of La Trinidad, Benguet, having an assessed value of 4,790. That the foregoing assessment is an old one done more than nine (9) years and at present was revised with an than assessed value of P6,300. Attached herewith as Annex “C” is a copy of the new (revised) tax declaration of said property;
(b) An unregistered parcel of vegetable/agricultural land with an area of 142 square meters, more or less, located at Ambiong, La Trinidad, Benguet, covered by ARP No. 99-004-05228; Property Identification No. 009-03-004-10-403. Assessor’s Office of La Trinidad, Benguet with an assessed value of P360.00. That such assessment was an old one done more than nine (9) years ago. At the time of the execution of the last will and testament on April 4, 2008, the aforementioned property is unregistered but on September 25, 2010, it was titled under Katibayan ng Orihinal na Titulo Blg. P-30107), and currently it was issued a new tax declaration with a new assessed value of P8,950.00. Attached herewith as Annex “D” is the new revised tax declaration of the said property and the issued title as Annex “E”;
(c) A three-story residential house erected on the said parcel of land. Said building is declared for taxation purposes and is covered by ARP No. 99-004-05310; Property Index No. 009-03-004-10-30981. Assessor’s Office of the La Trinidad, Benguet, having an assessed value of P271,740.00. The foregoing assessment was an old one done in 2008 but at present the same was revised to include another storey added to the original building with a new assessed value of P429,550.00. Attached herein as Annex “F” is a copy of the revised tax declaration of the property.
8. That letters testamentary are prayed for the aforementioned petitioner MAURICIO DOMOGAN, who is named as executor and administrator in the Will;
9. That the testator, at the time of the execution of the said will, was 65 years old, of sound and disposing mind, and not action under duress, fraud or undue influence and was in every respect capacitated to dispose or his estate will;
PRAYER
WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court that upon proper notice and hearing:
(a) The above-mentioned Last Will and Testament be admitted to probate, approved and allowed; and;
(b) That letters testamentary (or of administration) be issued to petitioner MAURICIO G. DOMOGAN without bond;
Further prays for such other reliefs and remedies just and equitable under the premises.
Baguio City, this 26th day of July 2017.
ORATE DAO-AYAN and BAWAYAN LAW OFFICE
Room 210, 2nd Floor, Pelizloy Centrum
Lower Session Road, Baguio City
Mobile No. 0921-424-8654
By:
ATTY. OLOGEN D. DAO-AYAN
Counsel for the
Petitioners
IBP LIFETIME No. 844033: 1-11-11
Baguio City
PTR No. 2844413; 1-3-17: Baguio City
Roll No. 36483: 4-10-90
MCLE Compliance No. V-00000041: 5-28-13
WHEREFORE, finding the petition to be sufficient in fore and substance, let the initial hearing be set on NOVEMBER 14, 2017 at 8:30 o’clock in the morning, at the Session Hall of this Court, Justice Hall La Trinidad, Benguet, and all persons interested may appear and show cause, if any, why the petition should not be granted.
Let the NOTICE OF INITIAL HEARING be published at the expense of the petitioner in the JUNCTION, a newspaper of general circulation in Baguio City and Benguet, once a week, for three (3) consecutive weeks, the first publication to be made not later than SEPTEMBER 03, 2017.
Furnish copy hereof together with a copy of the petition and its annexes to the petitioner and her counsel, the Provincial Prosecutor of Benguet and Junction.
La Trinidad, Benguet, Philippines this 29th day of AUGUST 2017 at La Trinidad, Benguet, Philippines.
(SGD) ATTY. MARIANITA J.
CAOILE-GAYAMAN
Branch Clerk of Court
Publication Dates: September 2, 9 and 16, 2017
