Regional Trial Court Branch 69 San Marino City IN RE: PETITION FOR THE PROBATE OF THE LAST WILL AND TESTAMENT OF JULIO JAIME BEE SP NO. X-08-090909 ESTELIYANAH R. LEE, Oppositor. x---------------------------------------------------------x OPPOSITION TO THE PETITION OPPOSITOR, through undersigned counsel, respectfully OPPOSES the probate of the alleged will of his father, JULIO JAIME BEE (hereinafter referred to as the DECEDENT) and states: 1. That he is 40 years old, Filipino, single and a resident of Cosmo Village, San Marino City, Philippines; 2. That he may be served with summons and other court processes in the office of the undersigned counsel stated hereunder; and 3. That she is the attorney-in-fact of the 12 legitimate heirs of the DECEDENT who died on December 31, 2012. ARGUMENTS IN SUPPORT OF THE OPPOSITION OPPOSITOR respectfully submits that the alleged will of the DECEDENT should not be probated on the ground that it was not executed and attested as required by law and presents the following support of its position: I. The will was not executed and attested as required by law Article 839 of the Civil code provides that a will shall be disallowed if the formalities required by law have not been complied with. On the form of notarial (attested/ordinary) wills, Article 805 the New Civil Code provides: Art. 805. Every will, other than a holographic will, must be subscribed at the end thereof by the testator himself or by the testator's name written by some other person in his presence, and by his express direction, and attested and subscribed by three or more credible witnesses in the 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 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 signed 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 witnessed 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. DECEDENTs will failed to meet the requirements laid down by the provisions above, to wit: a. The decedents signature did not appear on the second page of the will; b. The will is not numbered correlatively in letters placed on the upper part of each page; b. The attestation failed to state the number of pages used upon which the will is written; and c. The will was not properly acknowledged. PRAYER WHEREFORE, premises considered, OPPOSITOR ESTELIYANAH R. LEE respectfully prays from this Honorable Court that: 1. the Petition for the probate of the alleged will of the late JULIO JAIME BEE be denied; 2. the estate of the late JULIO JAIME BEE be partitioned in accordance with the laws on intestacy; and 3. other just and equitable remedies are respectfully submitted. San Marino, Philippines, February 2, 2016. OSSIE PAPAANAWA NGEM CUTE OMG Building, Gen. Luna St., San Marino City, Ilocos Norte Lawyer-Notary Public, Roll No.: 56789 IBP No.: 123456, Jan. 05, 2016 PTR No. 1234578, Date: Jan. 05, 2016 San Marino, Ilocos Norte COUNSEL FOR OPPOSITOR Copy Furnished: By Personal Service