Professional Documents
Culture Documents
through
undersigned
counsel,
respectfully
OPPOSES the probate of the alleged will of his father, JOSE K. CRUZ
(hereinafter referred to as the DECEDENT) and states:
1. That he is 40 years old, Filipino, singe and a resident of Rica Village,
Jaro, Iloilo City, Phiippines.
2. That he may be served with summons and other court processes in the
office of the undersigned counsel stated hereunder; and
3. That he is the legitimate son of the DECEDENT who died on March
31, 2013.
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. (n)
DECEDENTs will failed to meet the requirements lay down by the
provision above, to wit:
a. The pages were not numbered correlatively in letters on the upper
part of each page.
b. Absence of testators signature on each and every page on the left
margin of the will; and
c. The attestation failed to state the number of pages used upon which
the will is written.
PRAYER
WHEREFORE, premises considered, OPPOSITOR JESRYLL J.
CRUZ respectfully prays from this Honorable Court that:
1. the Petition for the probate of the alleged will of the late JOSE K.
CRUZ be denied;
JESRYLL J. CRUZ
Affiant
TIN 13647-210, Iloilo City
Doc. No. 4;
Page No. 2;
Book No. 1;
Series of 2015;