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PR0BATE PR0CEEBINu:

SCENE 1: Couit Room


Couit Inteipietei: All iise (Entiy of the }uuge)
Speclal roceedlng no. 123486 ! "#$%&"'(%" *+ ,$'-&$.! /01"23(%" 1$',"40! 5678789:6;<! =:>
-"?"@($ 2$A(&$1 B< "-&"%($ *$@0%$' ,040.! =:> @$%-"' *$@0%$'! respondenLs, ln a peLlLlon for probaLe of Lhe
holographlc wlll of MaLllde Seno vda de 8amonal.

!uuCL: LnLer Appearances
LAW?L81: ALLy. __________________ for Lhe peLlLloners your honor.

LAW?L82: ALLy. __________________ for Lhe respondenLs your honor.

!uuCL: Pas Lhls case been submlLLed for medlaLlon?

LAW?L81: ?our honor, lf l may, Lhls case has been submlLLed for medlaLlon and a posslble amlcable seLLlemenL buL
unforLunaLely, Lhe parLles haven'L reached an agreemenL as evldenced by Lhe re- Lrlal order lssued by Lhe courL. We
move for Lhe allowance of Lhe wlll of Lhe deceased MaLllde Seno vda de 8amonal appolnLlng Lhe peLlLloners as
devlsees and legaLees, respecLlvely.

LAW?L82: ?our honor, we sLrongly oppose Lhe allowance of Lhe wlll on Lhe ground LhaL Lhe same ls of
forgery and Lhe handwrlLlng ls even llleglble.

LAW?L81: ln vlew of Lhe opposlLlon, we wlll be presenLlng our wlLnesses as named ln Lhe pre-Lrlal order Lo prove Lhe
valldlLy of Lhe wlll made and slgned by Lhe deceased herself. Cur flrsL wlLness ls Ms. MA1lLuL 8AMCnAL 8AnAnA?
who would prove LhaL Lhe handwrlLlng ln Lhe wlll ls Lhe handwrlLlng of Lhe deceased.
Cl: May we call on Ms. MA1lLuL 8AMCnAL 8AnAnA? Lo Lhe wlLness sLand.
CA1P: (8alse your rlghL hand) Do you solemnly swear or affirm that you will tell the truth, the whole truth, and nothing
but the truth, so help you God?

MA1lLuL: l do.

LAW?L81: lease sLaLe your name.

MA1lLuL: l am MA1lLuL 8AMCnAL 8AnAnA?.

LAW?L81: Pow are you relaLed Lo Lhe deceased?

MA1lLuL: She ls my aunL.

LAW?L81: Pow ls she your aunL?

LAW?L82: lrrelevanL your honor.

LAW?L81: 1he quesLlon ls necessary Lo esLabllsh Lhe real connecLlon of Lhe wlLness Lo Lhe deceased.

!uuCL: overruled. WlLness, answer Lhe quesLlon.

MA1lLuL: She ls Lhe wlfe of Lhe broLher of my faLher.

LAW?L81: how close are you wlLh Lhe deceased?

MA1lLuL: AfLer my husband dled, l have llved wlLh my aunL ln my parenLs house for 11 years from 1938 Lo 1969 Lo be
exacL.
LAW?L81: And you sald for eleven (11) years MaLllde vda de 8amonal reslded wlLh your parenLs aL lnlklLan, Cagayan
de Cro ClLy. Would you Lell Lhe courL whaL was your occupaLlon or how dld MaLllde vda de 8amonal keep herself busy LhaL
Llme?

MA1lLuL: CollecLlng renLals.

LAW?L81: lrom where?
MA1lLuL: lrom Lhe land renLals and commerclal bulldlngs aL abayo-Comez sLreeLs
LAW?L81: Showlng Lo you Lhe recelpL daLed 23 CcLober 1979, ls Lhls Lhe one you are referrlng Lo as one of Lhe
recelpLs whlch she lssued Lo Lhem?
MA1lLuL: ?es, slr.
LAW?L82: now Lhere ls LhaL slgnaLure of MaLllde vda. ue 8amonal, whose slgnaLure ls LhaL Mrs. 8lnanay?
MA1lLuL: MaLllde vda. ue 8amonal.
LAW?L81: Why do you say LhaL ls Lhe slgnaLure of MaLllde vda. ue 8amonal?
MA1lLuL: l am famlllar wlLh her slgnaLure.

LAW?L81: ln addlLlon Lo collecLlon of renLals, posLlng records of accounLs of LenanLs and deed of sale whlch you sald
whaL else dld you do Lo acqulre famlllarlLy of Lhe slgnaLure of MaLllde vda ue 8amonal?
MA1lLuL: osLlng records.
LAW?L81: Aslde from LhaL?
MA1lLuL: Carrylng leLLers.
LAW?L81: LeLLers of whom?
MA1lLuL: MaLllde.
LAW?L81: 1o whom?
MA1lLuL: 1o her credlLors.
LAW?L81: Are Lhere any oLher lnsLances under whlch you have become famlllar wlLh Lhe handwrlLlng and slgnaLure of
Lhe deceased?
MA1lLuL: She lefL her lasL wlll and LesLamenL when she dled.
LAW?L81: ?ou sald she lefL a wlll aL Lhe Llme she dled. l am showlng Lo you a documenL wlLh lLs LlLle "Lugon" ls Lhls Lhe
documenL you are referrlng Lo?
MA1lLuL: ?es, slr.
LAW?L81: Showlng Lo you Lhls exhlblL "S", Lhere ls LhaL handwrlLLen "Lugon", whose handwrlLlng ls Lhls?
MA1lLuL: My AunL.
LAW?L81: Why do you say Lhls ls Lhe handwrlLlng of your aunL?
MA1lLuL: 8ecause l am famlllar wlLh her slgnaLure.

LAW?L81: no quesLlons anymore your honor.

!uuCL: Counsel of Lhe respondenLs wlll you conducL a cross examlnaLlon?

LAW?L82: We lnLend Lo, your honor.
!uuCL: 1hen proceed.

LAW?L82: Mrs. 8ananay, wlll you please sLaLe your name agaln and how are you relaLed Lo Lhe deceased?

LAW?L81: Cb[ecLlon your honor, lL has already been answered by Lhe wlLness.
!uuCL: SusLalned. 8ephrase your quesLlon counsel.

LAW?L82: uld you say you are Lhe nlece of Lhe deceased?

MA1lLuL: ?es your honor.

LAW?L82: Mrs. 8lnanay, when you were asked by counsel for Lhe peLlLloners lf Lhe laLe MaLllde Seno vda de 8amonal
lefL a wlll you sald, yes?

MA1lLuL: ?es, slr.
LAW?L82: Who was ln possesslon of LhaL wlll?
MA1lLuL: l.
LAW?L82: Slnce when dld you have Lhe possesslon of Lhe wlll?
MA1lLuL: lL was ln my moLher's possesslon.
LAW?L82: So, lL was noL ln your possesslon?
MA1lLuL: Sorry, yes.
LAW?L82: So are you saylng you've sLolen Lhe wlll from your moLher?

LAW?L81: Cb[ecLlon your honor. Leadlng. 1haL amounLs Lo a baseless accusaLlon.
!uuCL: SusLalned. 8evlse Lhe quesLlonlng counsel.

LAW?L82: And when dld you come lnLo possesslon slnce as you sald Lhls was orlglnally ln Lhe possesslon of your
moLher?

MA1lLuL: 1983.

LAW?L82: now, Mrs. 8lnanay was Lhere any parLlcular reason why your moLher lefL LhaL wlll Lo you and Lherefore you
have LhaL ln your possesslon?
MA1lLuL: lL was noL glven Lo me by my moLher, l Look LhaL ln Lhe aparador when she dled.
LAW?L82: AfLer Laklng LhaL documenL you kepL lL wlLh you?
MA1lLuL: l presenLed lL Lo Lhe flscal.
LAW?L82: lor whaL purpose?
MA1lLuL: !usL Lo seek advlce.
LAW?L82: Advlce of whaL?
MA1lLuL: AbouL Lhe wlll.
LAW?L82: ?our honor, lL's very clear LhaL Lhe wlLness has lndeed kepL Lhe facL abouL Lhe wlll from Lhe peLlLloners for
moLlves only Lhe heavens know.
LAW?L81: Cb[ecLlon your honor, leadlng! 1hese are blaLanL assumpLlons LhaL should be sLrlcken off Lhe record.
!uuCL: SusLalned. Counsel, avold maklng slde commenLs. roceed.
LAW?L82: My apologles your honor.

LAWu?L82: now, ln 1978 MaLllde Seno vda de 8amonal was noL yeL a slckly person ls LhaL correcL?
MA1lLuL: ?es, slr.
LAW?L82: She was up and abouL and was sLlll uprlghLly and she could walk agllely and she could go Lo her bulldlng Lo
collecL renLals, ls LhaL correcL?
MA1lLuL: ?es, slr.19
LAW?L82: now, leL us go Lo Lhe Lhlrd slgnaLure of MaLllde 8amonal. uo you know LhaL Lhere are reLraclngs ln Lhe
word vda.?
MA1lLuL: ?es, a llLLle. 1he leLLer L ls conLlnuous.
LAW?L82: And also ln MaLllde Lhe leLLer L ls conLlnued Lo leLLer u?
MA1lLuL: ?es, slr.
LAW?L82: Agaln Lhe Lhlrd slgnaLure of MaLllde vda de 8amonal Lhe leLLer L ln MaLllde ls conLlnued Lowards leLLer u.
MA1lLuL: ?es, slr.
LAW?L82: And Lhere ls a reLraclng ln Lhe word vda.?
MA1lLuL: ?es, slr.

LAW?L82: now, LhaL was 1979, remember one year afLer Lhe alleged holographlc wlll. now, you ldenLlfled a
documenL marked as LxhlblL 8. 1hls ls daLed !anuary 8, 1978 whlch ls only abouL elghL monLhs from AugusL 30, 1978.
uo you noLlce LhaL Lhe slgnaLure MaLllde vda de 8amonal ls beauLlfully wrlLLen and leglble?
MA1lLuL: ?es, slr Lhe handwrlLlng shows LhaL she was very exhausLed.
LAW?L82: ?ou [usL say LhaL she was very exhausLed whlle LhaL ln 1978 she was healLhy was noL slckly and she was
aglle. now, you sald she was exhausLed?
MA1lLuL: ln wrlLlng.
LAW?L82: Pow dld you know LhaL she was exhausLed when you were noL presenL and you [usL Lrled Lo explaln
yourself ouL because of Lhe apparenL lnconslsLencles?
MA1lLuL: 1haL was l Lhlnk. (!"#).
LAW?L82: now, you already observed Lhls slgnaLure daLed 1978, Lhe same year as Lhe alleged holographlc wlll. ln
exhlblL l, you wlll noLlce LhaL Lhere ls no reLraclng, Lhere ls no heslLancy and Lhe slgnaLure was wrlLLen on a fluld
movemenL. . . . And ln facL, Lhe name Lufemla 8. aLlgas here refers Lo one of Lhe peLlLloners?
MA1lLuL: ?es, slr.
LAW?L82: ?ou wlll also noLlce Mrs. 8lnanay LhaL lL ls noL only wlLh Lhe quesLloned slgnaLure appearlng ln Lhe alleged
holographlc wlll marked as LxhlblL x buL ln Lhe handwrlLlng Lhemselves, here you wlll noLlce Lhe heslLancy and
Lremors, do you noLlce LhaL?
MA1lLuL: ?es, slr.

LAW?L82: no furLher quesLlons your honor.

!uuCL: Are Lhere oLher wlLnesses of Lhe peLlLloners?

LAW?L81: ?es, your honor. 1he Clvll code expressly declares LhaL aL leasL 3 wlLnesses shall expressly declare ln open
courL as Lo Lhe valldlLy of Lhe handwrlLlng of Lhe LesLaLor ln a holographlc wlll. May we call our second wlLness, Ms.
LvAnCLLlnL CALuCA? who would LesLlfy LhaL Lhe slgnaLure appearlng ln Lhe holographlc wlll ls Lhe Lrue and genulne
slgnaLure of MaLllde Seno vda de 8amonal.
Cl: May we call on Ms. LvAnCLLlnL CALuCA? Lo Lhe wlLness sLand.
CA1P: (8alse your rlghL hand) Do you solemnly swear or affirm that you will tell the truth, the whole truth, and nothing
but the truth, so help you God?

EVA: I do.

LAWYER1: Please state your name.

EVA: I am Evangeline Calugay.

LAWYER1: How do you know the deceased?

EVA: I have known Matilde Vda de Ramonal since I was born, in fact I was adopted by her. I have been living with
her for 22 years already.

LAW?L81: ?ou sald LhaL you sLayed wlLh Lhe house of Lhe spouses MaLllde and !usLo 8amonal for Lhe perlod of 22
years. Could you Lell Lhe courL Lhe servlces lf any whlch you rendered Lo MaLllde 8amonal?

LvA: uurlng my sLay l used Lo go wlLh her Lo Lhe church, Lo markeL and Lhen Lo her LransacLlons.

LAW?L81: WhaL else? WhaL servlces LhaL you rendered?

LvA: AfLer my college days l asslsLed her ln golng Lo Lhe bank, paylng Laxes and Lo her lawyer.

LAW?L81: WhaL was your purpose of golng Lo her lawyer?

LvA: l used Lo be her personal drlver.

LAW?L81: ln Lhe course of your sLay for 22 years dld you acqulre famlllarlLy of Lhe handwrlLlng of MaLllde vda de
8amonal?
LvA: ?es, slr.
LAW?L81: Pow come LhaL you acqulred famlllarlLy?
LvA: 8ecause l llved wlLh her slnce blrLh.

LAW?L81: now, l am showlng Lo you LxhlblL S whlch ls capLloned "Lugon" daLed AgosLo 30, 1978 Lhere ls a slgnaLure
here below lLem no. 1, wlll you Lell Lhls courL whose slgnaLure ls Lhls?

LvA: ?es, slr, LhaL ls her slgnaLure.
LAW?L81: Why do you say LhaL ls her slgnaLure?
LvA: l am famlllar wlLh her slgnaLure.

LAW?L81: no furLher quesLlons your honor.

!uuCL: Cross.

LAW?L82: Ms. Lva, Can you Lell agaln Lhls courL how long have u been llvlng wlLh Lhe spouses?

LAW?L81: Cb[ecLlon your honor. lL has already been answered by Lhe wlLness.

LAW?L82: ?our honor, l would llke Lo conflrm LhaL facL, slnce lL ls very maLerlal ln esLabllshlng Lhe famlllarlLy of Lhe
wlLness Lo Lhe slgnaLure of Lhe accused.

!uuCL: overruled! WlLness, answer Lhe quesLlon.

LvA: l have been llvlng wlLh Lhem slnce blrLh.

LAW?L82: ln your 22 years of exlsLence and belng wlLh Lhe deceased, have you ln anyway seen Lhe deceased wrlLe?

LAW?L81: Cb[ecLlon your honor. 1he wlLness have repeaLedly sald Lhe she ls famlllar wlLh Lhe handwrlLlng of Lhe
deceased. 1he quesLlon Lends Lo prolong Lhe proceedlng.

LAW?L82: ?our honor, Lhe wlLness lndeed LesLlfled she ls famlllar wlLh Lhe handwrlLlng of Lhe deceased. 8uL l would
llke Lo know, Lo Lhe saLlsfacLlon of Lhe curloslLy our mlnds, as how she became famlllar of Lhe slgnaLure of Lhe
deceased. lamlllarlLy and knowlng LhaL lL ls Lhe slgnaLure of Lhe deceased are 2 dlfferenL Lhlngs.

!uuCL: WhaL are you Lrylng Lo geL ouL lf Lhls counsel?

LAW?L82: l wanL Lo know clearly LhaL Lhe wlLness ls famlllar of Lhe handwrlLlng of Lhe deceased because she acLually
saw her wrlLe.

!uuCL: Cverruled! !usL make sure, you can esLabllsh whaL you're Lrylng Lo lmply. WlLness answer Lhe quesLlon.

LvA: l have seen her wrlLe ln her room or ln Lhe llvlng room.

LAW?L82: uld you see whaL she was wrlLlng?

LvA: no, your honor.

LAW?L82: 1hen how can you be famlllar wlLh Lhe her handwrlLlng when you dldn'L even see whaL she was wrlLlng?

LAW?L81: Cb[ecLlon your honor, leadlng!

!uuCL: Cverruled!

LvA: l [usL know because when l accompany her wlLh her LransacLlons she always has Lhe same handwrlLlng.

LAW?L82: Agaln, dld you see her wrlLe personally, dld you see whaL she was wrlLlng?

LvA: no, your honor.

LAW?L82: 1hen how on earLh can someone conclude Lhe she ls famlllar wlLh Lhe handwrlLlng of anoLher person when
she dld noL even personally see Lhe deceased wrlLe nor slgn a documenL. Llvlng wlLh someone for 22 years wlll noL
prove Lhe facL LhaL lL she personally knew Lhe handwrlLlng of Lhe person noL unless she personally saw LhaL person
slgn or wrlLe ln a documenL. lamlllarlLy does noL prove auLhenLlclLy and valldlLy. 1haL's all your honor.

LAW?L81: ?our honor, we would llke Lo presenL our Lhlrd wlLness. llscal 8odolfo Waga, Lhe ClLy llscal of Cagayan de
Cro and Lhe former lawyer of Lhe deceased who would LesLlfy as Lo Lhe handwrlLlng of Lhe deceased.

Cl: May we call on llSCAL 8CuCLlC WACA Lo Lhe wlLness sLand.
CA1P: (8alse your rlghL hand) Do you solemnly swear or affirm that you will tell the truth, the whole truth, and nothing
but the truth, so help you God?

WAG: I do.

LAWYER1: Please state youi iuentity.

WAu: Iam Rouolfo Waga, the cuiient City Fiscal of Cagayan ue 0io.

LAWYER1: Bow aie you ielateu to the ueceaseu.
WAu: Befoie I was appointeu as Fiscal, I have been a piacticing lawyei anu I hanuleu all pleauings
anu uocuments signeu by the ueceaseu in connection with the pioceeuings of hei late husbanu.

LAWYER1: Apait fiom that, uo you have any peisonal connection with the ueceaseu.

WAu: Yes, sii I know hei because she is my goumothei the husbanu is my goufathei. Actually I am
ielateu to the husbanu by consanguinity.
Q. Can you tell the name of the husbanu.
A. The late husbanu is }usto Ramonal.24
x x x x x x x x x
Q. Can you tell this couit whethei the spouses }usto Ramonal anu Natilue Ramonal have legitimate chiluien.
A. As fai as I know they have no legitimate chiluien.2S
x x x x x x x x x
Q. You saiu aftei becoming a lawyei you piactice youi piofession. Wheie.
A. Beie in Cagayan ue 0io City.
Q. Bo you have seivices ienueieu with the ueceaseu Natilue vua ue Ramonal.
A. I assisteu hei in teiminating the paitition, of piopeities.
Q. When you saiu assisteu, you acteu as hei counsel. Any soit of counsel as in what case is that, Fiscal.
A. It is about the pioject paitition to teiminate the piopeity, which was unuei the couit befoie

Q. Now, I am showing to you exhibit S which is titleu "tugon", kinuly go ovei this uocument, Fiscal Waga anu
tell the couit whethei you aie familiai with the hanuwiiting containeu in that uocument maikeu as exhibit
"S".
A. I am not familiai with the hanuwiiting.
Q. This one, Natilue vua ue Ramonal, whose signatuie is this.
A. I think this signatuie heie it seems to be the signatuie of Nis. Natilue vua ue Ramonal.
Q. Now, in item No. 2 theie is that signatuie heie of Natilue vua ue Ramonal, can you tell the couit whose
signatuie is this.
A. Well, that is similai to that signatuie appeaiing in the pioject of paitition.
Q. Also in item no. S theie is that signatuie Natilue vua ue Ramonal, can you tell the couit whose signatuie is
that.
A. As I saiu, this signatuie also seems to be the signatuie of Natilue vua ue Ramonal.
Q. Why uo you say that.
A. Because theie is a similaiity in the way it is being wiitten.
Q. Bow about this signatuie in item no. 4, can you tell the couit whose signatuie is this.
A. The same is tiue with the signatuie in item no. 4. It seems that they aie similai.

LAWYER1: No othei questions youi honoi.

}0BuE: Cioss.

LAWYER2: You saiu you hanuleu all the pleauings anu uocuments signeu by the ueceaseu in connection
with the pioceeuings with the pioceeuings of hei late husbanu. Then now you aie saying that you
think that the signatuie of the ueceaseu in the will is inueeu hei signatuie. Baven't you peisonally
witness the ueceaseu wiite anu sign some uocuments when you hanuleu them.

WAu: I uiu. But the enoimity of woik has maue me oblivious of the hanuwiitings anu signatuie of
my clients.

LAWYER2: So you'ie aie tiying to tell this couit that inueeu you aie not ieally familiai of the
hanuwiiting of the ueceaseu.

WAu: As fai as I can iemembei, they look similai.

LAWYER2: Youi honoi, the witness is tiying to imply that he is not suie that inueeu it is the hanuwiiting
anu signatuie of the ueceaseu. Bence his testimony uoes not in anyway piove the valiuity of the
hologiaphic will of the ueceaseu. No fuithei questions youi honoi.

}0BuE: Anymoie witnesses on the pait of the petitioneis.

LAWYER1:

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