PLEADINGS: FORMAL REQUIREMENTS

A. The Caption must set forth the name of the

court, title of the action & docket number if assigned Name of Court - to facilitate identification & while this is
only a formal defect which is correctible by motion, a flaw concerning that point smacks of inattentiveness to details, if not gross ignorance.

Title of Action - should include the names of the parties .

In a complaint, parties are designated as plaintiff & defendant; petition of clear adversary character, petitioner & respondent; ex-parte petition, only the petitioner.

The Docket Number assigned by the docket clerk.

Indicate below the docket the kind of action.

Caption
Republic of the Philippines Regional Trial Court 6th Judicial Region Branch ___, Bacolod City Re: In the matter of the Intestate Estate of Edmund Palasuerte Maria Palasuerte Petitioner x-------------- x Spl. Proc. No. ______________ For: Letters of Administration

B. The Text or Body - The body of the pleading sets

forth its designation, the allegations of the partys claims or defenses, the relief prayed for, and the date of the pleading. Designation of the Pleading stating the name of the particular
pleading but is not controlling because the court have the power to pierce the form and go into the substance so that they may not be misled by a false or wrong name. Allegations of the partys claims and defenses shall be divided into paragraphs so numbered as to be readily identified. Every set of facts or circumstances should be alleged in one paragraph alone and should not be co-mixed with other sets of facts and circumstances. Spell out the residence and legal capacity of the parties in the action in the initial paragraph of the complaint in order to determine whether venue has been properly laid and to inform the court where to serve the summons. Only the particular grounds upon which plaintiff seeks to hold defendant liable should be stated, more specific details are not required but are matters to be developed by testimony. Conclusion of law and evidentiary matters need not be alleged.

Relief prayed for usually appears at the conclusion of a petition or

complaint, is the request asking for the relief to which the plaintiff or petitioner thinks himself is entitled. It is a part of the complaint but nor part of the cause of action.

The Text or Body

PETITION FOR THE ISSUANCE OF LETTERS OF ADMINISTRATION
COMES NOW, petitioner, by counsel, and unto this Honorable Court, most respectfully states: 1. That petitioner is of legal age, Filipino, widow of the late Edmund Palasuerte, and presently residing at Lot 20, Block 1, Menlo Village, Talisay City where she may be served with summons and other court processes (Certificate of Marriage is hereto attached as Annex A); 2. That the late Edmund Palasuerte (Edmund for brevity) died without leaving any will last February 14, 2012 at his residence in the aforementioned address (Certificate of Death is hereto attached as Annex B);

4. That the property regime of the marriage of the petitioner and Edmund is absolute community of property; 5. That the names, ages and residences of his heirs are as follows: Names Ages Residences Maria Palasuerte legal age as stated Ruben Palasuerte legal age Manila Winnie Palasuerte legal age Bacolod City 6. That Alfred Sotto of Bgy. Sum-ag, Bacolod City had written the petitioner that during his lifetime, Edmund incurred a debt of P80,000.00;

7. That at the time of his death, Edmund left the following properties, both real and personal: a. 5,000 sq. m. lot located at Bgy. Cabatangan, Talisay City with assessed value of P200/sq.m. or P1,000,000.00; b. 1,000 sq. m. lot located at Bgy. Bata, Bacolod City with assessed value of P1,200/sq.m. or P1,200,000.00; c. deposit of P150,000.00 at Bangko De Oro, Araneta Branch; 8. That the probable value and character of the estate is 50% of the total value of the property which is P2,350,000.00 equivalent to P1,175,000 consisting of both real and personal properties;

9. That the petitioner, being the widow, possess all the qualifications and none of the disqualifications for the issuance of letters of administration of the estate of the late Edmund Palasuerte. PRAYERS WHEREFORE, premises considered, it is most respectfully prayed that after due notice, hearing and the payment of the appropriate bond as determined by this Honorable Court, Letters of Administration be issued appointing herein petitioner, Maria Palasuerte as the Administratrix of the estate of the late Edmund Palasuerte. Other and such other relief as may just and equitable under the premises is also prayed for. Bacolod City, Philippines, February 23, 2012.
ATTY. JAPHET T. MASCULINO
IBP No. 848492, 08/12/11, Neg. Occ. PTR No. 4003183, 01/02/12, Neg. Occ. MCLE Comp. No. IV-0001440, 02/09/2011 Cell No. 09177011458; (034)4769600 Roll No. 46639, 05/02/2002

Oath, Verification & Certification Against Forum Shopping

OATH, VERIFICATION AND CERTIFICATION

I, MARIA PALASUERTE, presently residing at at Lot 20, Block 1, Menlo Village, Talisay City, under oath, do hereby depose and say:
That I am the petitioner of the above-mentioned petition and I have caused the preparation and filing of the foregoing petition and that all allegations contained herein are true and correct of my personal knowledge and belief; That I certify that I have not commenced any other action or complaint involving the same issues in the Supreme Court, Court of Appeals or different Divisions thereof or any court or tribunal or agency and that to the best of my knowledge, no such action or proceeding is pending in the Supreme Court, the Court of Appeals or different Divisions thereof, or any other tribunal or agency, that in the event that a similar action or proceeding has been filed or pending before the Supreme Court, the Court of Appeals or different Divisions thereof, I hereby bind myself to notify the court or tribunal or agency within five (5) days from such notice. IN WITNESS WHEREOF, I have hereunto affixed my signature this 23rd day of February, 2012 at Bacolod City, Philippines. MARIA PALASUERTE Petitioner
Republic of the Philippines) City of Bacolod )S.S.

SUBSCRIBED AND SWORN to before me this 20th day of February, 2012 at Bacolod City, affiant MARIA PALASUERTE exhibiting to me her competent proof of identification consisting of SSS ID No. 07-0758349.

ATTY. JAPHET T. MASCULINO

Notary Public (for Bacolod City, Talisay City, Murcia & DS Benedicto) until 12/31/2013 IBP No. 848492, 08/12/11, Neg. Occ. PTR No. 4003183, 01/02/12, Neg. Occ. MCLE Comp. No. IV-0001440, 02/09/2011 Roll No. 46639, 05/02/2002 Doc. No.: ______ Page No.: ______ Book No: ______ Series of 2012