REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT NATIONAL CAITAL JUDICIAL REGION BRANCH 68, QUEZON CITY

IN RE: PETITION FOR THE PROBATE OF THE LAST WILL AND TESTAMENT OF FELIX C. RIVERA SP. PROC. NO. Q-11-091723 ROWENNA T. RIVERA, Oppositor. x---------------------------------------------------------x

OPPOSITION TO THE PETITION

COMES NOW OPPOSITOR, ROWENNA T. RIVERA, through undersigned counsel, respectfully OPPOSES the probate of the alleged will of her father, FELIX C. RIVERA (hereinafter referred to as the DECEDENT) and states that: 1. She is a Filipino, of legal age, married and a resident of 12 th Avenue, Cubao, Quezon City; 2. She may be served with summons and other court processes in the office of the undersigned counsel stated hereunder; and 3. She is the legitimate daughter of the DECEDENT who died on July 26, 2011. 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 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 provision above, to wit:

the

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.

II. The codicil was not executed as required by law

Art. 825. A codicil is supplement or addition to a will, made after the execution of a will and annexed to be taken as a part thereof, by which disposition made in the original will is explained, added to, or altered. (n)

Art. 826. In order that a codicil may be effective, it shall be executed as in the case of a will. The codicil executed by the DECEDENT is VOID for it was not executed with the formalities of a will.

Probate should therefore not be allowed because Sec. 9, Rule 76 of the Rules of Court states :

PRAYER WHEREFORE , premises considered, OPPOSITOR ROWENNA T. RIVERA respectfully prays from this Honorable Court that:

1. the Petition for the probate of the alleged will of the late Felix C. Rivera be denied; 2. the estate of the late FELIX C. RIVERA be partitioned in accordance with the laws on intestacy; and 3. other just and equitable remedies.

Respectfully submitted.

Diliman, Quezon City, September 20, 2011.

By: ATTY. JERRY MARC R. CARBONELL Counsel for OPPOSITOR Rowenna T. Rivera Rodriguez, Rizal IBP No. ___________ PTR No. ___________ Roll No. ___________