REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
Branch 45, Manila

IN THE MATTER
OF THE PETITION FOR
ALLOWANCE OF THE WILL OF
THE LATE NIEVES O.CARILLO.

Spec. Proc. Case No. 11221

JUAN G. JOSE.
Petitioner.
x--------------------------------------x

MEMORANDUM FOR THE PLAINTIFF

PETITIONER, by counsel and unto this Honorable Court respectfully states that:

STATEMENT OF THE FACTS

I. Petitioner is of legal age, Filipino and a resident of No. 1247 Craig St.,
Sampaloc, Manila;
II. During the lifetime of the late Nieves O. Carillo, she executed a Last Will and
Testament dated February 23, 2007. Photocopy of the Last Will and Testament
dated February 23, 2007 is made part hereof;
III. Petitioner is the named and designated executor in the said Last Will and
Testament dated February 23, 2007 and the individual for whom the letters
testamentary are prayed for;
IV. Ederlina M. Villamayor, a niece of the late Nieves O. Carillo, on the other hand
has been named and designated as a devisee in the said Last Will and
Testament dated February 23, 2007;
V. The late Nieves O. Carillo died on October 12, 2008. Certified copy of the
Certificate of Death dated October 13, 2008 is made part hereof;
VI. At the time of the death of the late Nieves O. Carillo, she in a bona fide
resident of the City of Manila;
VII. The petitioner has been informed of the death of the late Nieves O. Carillo by
one of the latter’s relatives. Thus, petitioner will deliver and submit the Last
Will and Testament dated February 23, 2007 before the Honorable Court;
VIII. The petitioner consents to act as such executor and is willing to exercise his
rights of letters of testamentary;
IX. The late Nieves O. Carillo died a spinster at the ripe age of ninety, and leaving
as heirs the hereunder named nephews and nieces of the decedent:
 a) Ederlina M. Villamayor- 72 years old and a resident of No. 930 Don Quixote
St., Sampaloc, Manila;
b) Rosario Carillo-Salamillas- 76 years old and a resident of 24-E Cabana,
Lucena City;
c) Conrado C. Salamillas- 75 years old and a 24-E Cabana, Lucena City;
d) Lourdes C. Marella Ryan- 65 years old and a resident of No. 930 Don Quixote
St., Sampaloc, Manila;
X. The late Nieves O. Carillo left a 150 square meter real property with
improvement that is covered by Transfer Certificate of Title No. 250149 and
located at Sampaloc District, City of Manila. Photocopy of Transfer Certificate
of Title No. 250149 is made part hereof;
XI. For purpose of tax declaration the total assessed value of the abovementioned
real property is Php 176,390.00. Photocopy of the Declaration of Real Property
Value (Land) is made part hereof;
XII. On the other hand, for purpose of tax declaration the total assessed value of
the improvement or building on the said real property is Php 72,910.00.
Photocopy of the Declaration of Real Property Value (Building) is made part
hereof.

ISSUES

Given the foregoing facts and circumstances, the following issues are presented for
discussion:

I. Whether or not the will and testament of the late Nieves Ochoa Carillo be
approved and allowed.

ARGUMENTS

I. The late Nieves Ochoa Carillo has executed, in conformity with the law, his will
and testament.

Our laws on notarial will states that: Under the Civil Code of the Philippines “Art. 804.
Every will must be in writing and executed in a language or dialect known to the
testator.”
“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.” “Art. 806. Every will must be
acknowledged before a notary public by the testator and the witnesses. The notary
public shall not be required to retain a copy of the will, or file another with the Office
of the Clerk of Court.”

Therefore with the foregoing will and testament executed by Mr. Carillo it shows that
such notarial will complies with formalities required by law. Such was made in
writing, executed by the language known to the executor, subscribed by the testator
himself, and was attested by three (3) credible witness, contains attestation clause
and was acknowledged before a Notary Public.

PRAYER

Wherefore premises considered, it is respectufully prayed unto this Honorable Court

judgement be rendered in favor of the petitioner and the last will and testament of
the late Mr. Nieves Ochoa Carillo be approved and allowed and the letters of
testamentary be issued.

Manila City, March 17, 2018

ATTY. ROVER I. DIOMPOC

(counsel for petitioner)
PTR No. 906565, 05/05/17,
Quezon City

IBP Life Member Roll No. 07875,

Quezon City

Roll of Attorneys No. 686767

MCLE Compliance No. II 917834; 01/30/2016

 MEMORANDUM FOR PETITIONER

PRACTICE COURT II

SUBMITTED BY:
DIOMPOC, ROVER I.