Republic of the Philippines

6TH JUDICIAL REGION

Regional Trial Court
Branch 38
Iloilo City

IN RE: PETITION FOR THE PROBATE

OF THE LAST WILL AND TESTAMENT
OF JOSE L. REYES, SR

SPECIAL PROCEEDING NO. 1230

JOSE L. REYES, JR
Oppositor.

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OPPOSITION TO THE PETITION

OPPOSITOR, through undersigned counsel, respectfully

OPPOSES the probate of the alleged will of his father, JOSE L. REYES, SR
(hereinafter referred to as the “DECEDENT”) and states:
1. That he is 40 years old, Filipino, singe and a resident of TAGBAK,
Jaro, Iloilo City, Philippines.
2. That he may be served with summons and other court processes in the
office of the undersigned counsel stated hereunder; and
3. That he is the legitimate son of the DECEDENT who died on December
15, 2018.

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 of its
position:

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 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)

DECEDENT’s will failed to meet the requirements lay down by the

provision above, to wit:
a. The pages were not numbered correlatively in letters on the upper
part of each page.
b. Absence of testator’s 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.

PRAYER

WHEREFORE, premises considered, OPPOSITOR JOSE L. REYES,

JR respectfully prays from this Honorable Court that:

1. the Petition for the probate of the alleged will of the late JOSE L.
REYES SR, be denied;
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 2. the estate of the late JOSE L. REYES, JR be partitioned in accordance
with the laws on intestacy; and
3. other just and equitable remedies.

Respectfully submitted.

Iloilo City, Philippines, January 5, 2023.

ATTY. ISIDORE T. TAROL III

Notary Public
Valid until December 31, 2023
Roll of Attorneys No. 753000
PTR NO. 12345-753, Iloilo City, June 27, 2023
IBP NO. 753-12345, Iloilo City, June 27, 2023
MCLE Compliance. No. IV-12345-7530

REPUBLIC OF THE PHILIPPINES)

ILOILO CITY ) SS.
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VERIFICATION AND CERTIFICATION

I, JOSE L. REYES, JR of legal age, Filipino and with address at Brgy.

Tagbak., Jaro, Iloilo City, Philippines, having been duly sworn to in
accordance with law hereby depose and say:
1. That I am the Oppositor in the above-entitled case; that I have caused
the preparation of the foregoing Opposition; that all the allegations stated
therein are true and correct of my own knowledge and supported by authentic
documents;
2. That I have not commenced any other action or proceeding involving
the same issues is the Supreme Court, the Court of Appeals, or any other
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tribunal or agency; that to the best of my knowledge, no such action or
proceeding is pending in the Supreme Court, the Court of Appeals, or any
other tribunal or agency; that there is no other action or proceeding which is
either pending or may have been terminated, and 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 tribunal or agency, I undertake
to report that fact within five (5) days there from to this Honorable Court.

JOSE L. REYES, JR
Affiant
TIN 1423-000, Iloilo City

SUBSCRIBED AND SWORN to before me, this 05th day of January

2023, affiant exhibiting to me his Tax Identification Card as shown above
below his name as competent evidence of his identity.

ATTY. ISIDORE T. TAROL III

Notary Public
Valid until December 31, 2023
Roll of Attorneys No. 753000
PTR NO. 12345-753, Iloilo City, June 27, 2023
IBP NO. 753-12345, Iloilo City, June 27, 2023
MCLE Compliance. No. IV-12345-7530

Doc. No. 5;
Page No. 2;
Book No.1;
Series of 2023

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