Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
Branch 80, Quezon City

IN THE MATTER OF PROBATE OF LAST WILL AND

TESTAMENT

SPC No. SPC No. Q-11-68886

Ronel Gravo and Ma. Lourdes Camacho

Petitioners.

x----------------------------------------------------x

COMPLIANCE
PETITIONERS, through undersigned counsel, and to this Honorable

Court, most respectfully submit attached MEMORANDUM to prove the

intrinsic validity of the Last Will and Testament of Late Gloria Poblete

pursuant to this Honorable Courts Order dated October 10, 2012.

Respectfully submitted.

Marikina City for Quezon City. September 1, 2014.

ATTY. JEAN C. CELZO-DAPULA

Counsel for the Petitioners
Roll No. 51817
3d Mindanao St., Filipinas Village,
Malanday, Marikina City
PTR No. 8992285 B / 12-9-2013 / Quezon City
IBP No. 915104 / 12-9-2013 / Quezon City
MCLE No. IV-0009268 / November 7, 2012
 Republic of the Philippines
National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 80, Quezon City

IN THE MATTER OF PROBATE OF LAST WILL AND

TESTAMENT

SPC No. SPC No. Q-11-68886

Ronel Gravo and Ma. Lourdes Camacho

Petitioners.

x----------------------------------------------------x

MEMORANDUM
(On Intrinsic Validity)
PETITIONERS, through undersigned counsel, and to this Honorable
Court, most respectfully submits herein Memorandum to prove the intrinsic
validity of the last will and testament of the late Gloria Poblete.

STATEMENT OF FACTS
1. On February 10, 2011, the late Gloria Christmas Poblete executed
a last will and testament.1 The decedent is a Filipino citizen, resident 127
Katipunan Avenue, St. Ignatius, Quezon City at the time of her death.
She died as the sole child of Alberto and Dolores Poblete, unmarried
and without first and second degree family. During her lifetime and
while suffering from cervix cancer, she lives with her adopted child
Allen Cristopher Poblete, cousin, nieces and nephews to the third
degree and very close friends who likewise took care of her. Aida T.
Capanzana, Vivien R. Capinpin, Amelia G. Carreon, and Ma. Teresa
C. La Putt served as the subscribing witnesses of the decendents
will. 2

2. The decedent, although suffering from cervix cancer, at the

time of the execution of the said will, was 56 years old, of sound and
disposing mind, and not acting under duress, fraud, or undue
influence and was in every respect capacitated to dispose of her
estate by will. 3

3. Petitioner Ronel Gravo was named in the will as the primary

executor. He is decedents nephew to the third degree. On the other
1
Exhibit A-1.
2
Exhibit A-1-A to A-1-V.
3
TSN dated December 7, 2011 page 17 and February 1, 2012, pages 18 and 21.
hand, petitioner Ma. Lourdes Camacho was named in the will as sub-
executrix. She is decedents closest friend. Both petitioners are
legally qualified to act as such. 4

4. Allen Cristopher P. Poblete who is twelve (12) years 5 old at

the time of decedents death was named as the sole legatee and
devisee of the deceased in her will. He was legally adopted by the
deceased by virtue of Decree of Adoption issued by the Regional Trial
Court Branch 88 of Quezon City in its Decision dated May 14, 2004.

ISSUE

Whether or not the sole instituted heir Allen Cristopher P.

Poblete of the late Gloria Christmas Poblete in her Last Will
and Testament is valid, effective and in accordance with
law?

DISCUSSION

The institution of Allen Critopher P. Poblete

as the sole heir to succeed from all the properties
left by the late Gloria Christmas Poblete
is valid, effective and in accordance with law.

Intrinsic validity of a will has something to do with the legality of its

testamentary dispositions. Thus, the issues on the legality of the
disinheritance of a compulsory heir, the legality of the institution of heirs,
preterition of heirs, impairment of legitimes of compulsory heirs are matters
which go to the intrinsic validity of the will. 6

In the instant case, the only question is whether Allen Cristopher

Poblete, the only heir named in the Last Will and Testament of Gloria
Christmas Poblete, is in accordance with law governing the intrinsic validity
of the wills.

Allen Cristopher Poblete is the only compulsory heir of the decedent. 7

As the legally adopted child 8 of the decedent, Allen Cristopher enjoys all the
rights and obligations a legitimate child. Sections 17 and 18 of the Republic
Act No. 8552 otherwise known as the Domestic Adoption Act of 1998
provides:

Sec. 17. Legitimacy. The adoptee shall be considered the

legitimate son/daughter of the adopter(s) for all intents and

4
TSN dated December 7, 2011, page 13.
5
Exhibit A-3.
6
Succession and Prescription by Dean Ernesto L. Pineda, 2001 Edition, p. 38, 39.
7
TSN dated December 7, 2011, page 13.
8
Exhibit A-2.
 purposes and as such is entitled to all the rights and
obligations provided by law to legitimate sons/daughters
born to them without discrimination of any kind. To this end,
the adoptee is entitled to love, guidance, and support in
keeping with the means of the family.

Sec. 18. Succession. In legal and intestate succession ,

the adopter(s) and the adoptee shall have reciprocal rights
of succession without distinction from legitimate filiation.
However, if the adoptee and his/her biological parent(s) had left
a will, the law on testamentary succession shall govern.

Allen Cristopher is the only and primary compulsory heir. In the

case of Amelia P. Arellano, et. al vs. Francisco Pascual, et. al., 9 the
Honorable Supreme Court classified and discussed the effect of each
classification of compulsory heirs:

The compulsory heirs may be classified into (1) primary, (2)

secondary, and (3) concurring. The primary compulsory
heirs are those who have precedence over and exclude
other compulsory heirs; legitimate children and
descendants are primary compulsory heirs. The secondary
compulsory heirs are those who succeed only in the absence of
the primary heirs; the legitimate parents and ascendants are
secondary compulsory heirs. The concurring compulsory heirs
are those who succeed together with the primary or the
secondary compulsory heirs; the illegitimate children, and the
surviving spouse are concurring compulsory heirs.

In the instant case, only the primary compulsory heir Allen

Cristopher Poblete, the adopted child that enjoys the rights and
obligation of a legitimate child, survived the decedent. Not even a
secondary, and concurring compulsory heirs survived the decedent
considering that she died unmarried, without siblings, and her
parents and other ascendants have already died at the time her death.

Lastly, it can be inferred from the Last Will and Testament of the
decedent that her intention was to bequeath all her properties and
belongings to her adopted child Allen Cristopher Poblete and to no
one else. There is no law, morals or public policy violated when she has
done such act. In the case of Dy Yieng Seangio, et.al vs. Hon. Amor A.
Reyes, et.al,10 the Honorable Supreme Court declared that:

Moreover, it is a fundamental principle that the intent or the

will of the testator, expressed in the form and within the
limits prescribed by law, must be recognized as the
supreme law in succession. All rules of construction are
9
G.R. No. 189776, December 15, 2010
10
G.R. No. 140371-72, November 27, 2006
 designed to ascertain and give effect to that intention. It is
only when the intention of the testator is contrary to law,
morals, or public policy that it cannot be given effect.
Respectfully submitted.
Marikina City for Quezon City. September 1, 2014.

ATTY. JEAN C. CELZO-DAPULA

Counsel for the Petitioners
Roll No. 51817
3d Mindanao St., Filipinas Village,
Malanday, Marikina City
PTR No. 8992285 B / 12-9-2013 / Quezon City
IBP No. 915104 / 12-9-2013 / Quezon City
MCLE No. IV-0009268 / November 7, 2012

Copy furnished: Registry Receipt No.

OFFICE OF THE CITY PROSECUTOR

Hall of Justice, Quezon City _________________

NOTICE OF HEARING
Office of the City Prosecutor
Hall of Justice, Quezon City

Hon. Branch Clerk of Court

Branch 97, Quezon City

Dear Sir/Madam:

Please take notice that the foregoing Manifestation with Motion will be submitted for
consideration by the Honorable Court on August 15, 2014 at 8:30 in the morning.

JEAN C. CELZO-DAPULA