Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

12th Judicial Region
Branch 1
Iligan City

IN RE: PETITION FOR THE PROBATE,

OF THE WILL OF ARTEMIS MEOW UY,

-versus- SPECIAL PROCEEDINGS No. 002

HERCULES C. UY,
Oppositor,
X-------------------------------x

OPPOSITION TO THE PETITION

OPPOSITOR, through the undersigned counsel, and unto this honorable court, most
respectfully opposes the probate of the alleged will of his father, ARTEMIS MEOW UY
(hereinafter refered to as the “DECEDENT”) and states;
1. That he, Jestoni Meow Uy, is of legal age, married, Filipino Citizen, with postal
address at Door 15, Bonbat Residence Hall, White Plains Extension, Brgy. San Miguel,
Iligan City;

2. That he may be served with summons and other court processses in the office, of
the undersigned counsel stated hereunder; and ;

3. That he is the legitimate son of the DECEDENT on October 20, 2016.

ARGUEMENTS 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;

1. The will was executed through force or under duress, or the influence of fear or threats;

Article 839 paragraph 4, of the Civil Code provides that a will shall be disallowed if
the will was executed throught force or under duress, or the influence of fear, or threats.

Art. 839: The will shall be disallowed in any of the following cases;

(1) If the formalities required by law have not been complied with;

(2) If the testator was insane, or otherwise mentally incapable ofmaking a will, at the
time of its execution;
 (3) If it was executed through force or under duress, or the influence of fear, or
threats;

(4) If it was procured by undue and improper pressure and influence, on the part of
the beneficiary or of some other person;

(5) If the signature of the testator was procured by fraud;

(6) If the testator acted by mistake or did not intend that the instrument he
signed should be his will at the time of affixing hissignature thereto.

DECEDENT’s will failed to meet the third requirement laid down by the provision
above, to wit:

(a.) The witnesses were forced to sign the will and to attest to the said same will by
the petitioner;

(b.) That they were duly threatened by the petitioner with death if they do not sign and
attest to the will of the decedent;

(c.) That the witnesses did not see the decedent personally sign the will;

(d.) That the Petitioner, being also the sister of the DECEDENT, as well as the siblings
of the Oppositor have a personal grudge and an on going quarrell with him and seeks to
deprive him of his rightful inheritance;

PRAYER
WHEREFORE, the above premises considered, it is repectfully prayed of this
Honorable Court after hearing on the merits, that:

A. That the Petition for the probate of the alleged will of the late ARTEMIS MEOW
UY be denied;

B. That the estate of the late ARETEMIS MEOW UY be partitioned in accordance

with the laws on intestacy; and

C. Other remedies just and equitable.

This 29th day of August, 2017 at Iligan City

 Atty. Ben Timothy C. Ruelo II
(Counsel for the Oppositor)
San Miguel St., Iligan City
Roll No. 97232
IBPNo. 121122334/06-20-17
PTR No. 1234776/06.20.17
ISSUED AT ILIGAN CITY
MCLE Compl. No. 0000054
Issued on May 10, 2017

Republic of the Philippines)

City of Iligan……………..)Sc.

VERIFICATION AND CERTIFICATION NON-FORUM SHOPPING

I, HERCULES C. UY, of legal age, married, Filipino and a resident of

Bonbat Residence Hall, White Plains Extension, Brgy. San Miguel, Iligan City,
after having been sworn to in accordance with law, do hereby depose and say,
THAT:

1. I am the Oppositor of the above-entitled case;

2. I have caused the preparation of the foregoing Opposition;

3. I hereby certify to the truth of the following facts, that:

a. I have not commenced any other action or proceeding of similar

nature of the foregoing Opposition involving the same issue in the
Supreme Court, the Court of Appeals, or any tribunal or agency; and
 b. To the best of my knowledge, no such action or proceeding of such
nature as above mentioned is pending in the Supreme Court, the
Court of Appeals, or any other tribunal or agency;

c. If I should thereafter learn that a similar action or proceeding has

been filed or is pending before the Supreme Court, the Court of
Appeals, or any other tribunal or agency, I will undertake to report
the fact within five (5) days from discovery to the court or agency
where the original pleading is filed;

The contents thereof are true and correct of my own personal

knowledge and belief.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 29th day of

August, 2017 ,at Iligan City.

HERCULES C. UY
Affiant
SUBSCRIBED AND SWORN TO before me this 29th day of August, 2017, at Iligan
City, affiant exhibited to his respected valid TIN number to wit:

HERCULES C. UY TIN 770-018-536, Iligan City

Atty. Rik P. Torres

(Notary Public)
Until December 31, 2017
San Miguel St., Iligan City
Roll No. 8843
IBP No. 233446556/5-19-17
PTR No. 3145768/05.19.17
ISSUED AT ILIGAN CITY
MCLE Compl. No. 0000077
Issued on April 26, 2017
Doc. No. 25;
Page No. 40;
Book No. IX;
Series of 2017.