Republic of the Philippines

6th JUDICIAL REGION

Regional Trial Court
Branch _
Iloilo City
IN RE: PETITION FOR THE PROBATE
OF THE LAST WILL AND TESTAMENT
OF EUGENE LOPEZ
SP No. ______
Jose J. Lopez
Oppositor
X--------------------------------------------X

OPPOSITION TO THE PETITION

OPPOSITOR, through undersigned counsel, respectfully OPPOSES

the probate of the alleged will of EUGENE LOPEZ (hereinafter referred to
as the DECEDENT) and states :

1. That he is 31 years old, Filipino, single and a resident of Villa

Matilde , 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

August 24, 2016.

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:

1. 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 of the
New Civil Code provides:

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 Article 805. Every will, other than a holographic will, must be
subscribed at the end thereof by the testator himself or by the testators name
written by some other person in the presence, and by his express direction
and attested and subscribed by three or more credible witnesses in the
presence of the testator and one another.

The testator or the person requested by him to write his name and the
instrumental witness ot the will, shall also sign, as aforesaid, each and every
page thereof, except the lat 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 cause 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, is

shall be interpreted to them. (n)

DECEDENTS will failed to meet the requirements laid down by the

provisions above, ; to wit:
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.

c. The attestation failed to state the number of pages used upon which
the will is written.

PRAYER

WHEREFORE, premises considered, OPPOSITOR JOSE J. LOPEZ,

respectfully prays from this Honorable court that:

1. The petition for the probate of the alleged will of the late EUGENE
LOPEZ be denied;

2. The estate of the late Eugene Lopez be partitioned with the laws on
intestacy; and

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 3. Other just and equitable remedies.

Respectfully Submitted.

Iloilo City, Philippines, November 15, 2014

Atty. Phoenix B. Hortinela

Counsel For Oppositor
Hortinela Law Office,Jaro Iloilo City
IBP No. 123456 , 1/13/14, Iloilo City
PTR No.123456, 2/12/14, Iloilo City
Roll of Atty No.33333
MCLE Comp.No.IV-001, 1/12/14

REPUBLIC OF THE PHILIPPINES)

ILOILO CITY) SS.
X--------------------------------------------X
VERIFICATION AND CERTIFICATION

I, JOSE LOPEZ, of legal age, Filipino and with the address of, Villa
Matilde Subd., 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 in the Supreme Court, the Court of
Appeals, or any other 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 simiary 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.

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 Jose Lopez
Affiant
TIN 12342-2321,
ILOILO City

SUBSCRIBED AND SWORN to before me this _ day of _____ ___,

affiant exhibiting to me his ________ as shown above below his name as
competent evidence of his identity.

Atty. Phoenix B.
Hortinela
Notary Public for and in the City and
Province of Iloilo
Commission No. 33
Expires on December 31,2014
Hortinela Law Office, Jaro, Iloilo City
IBP No. 123456 , 1/13/14, Iloilo City
PTR No.123456, 2/12/14, Iloilo City
Roll of Atty No.33333
MCLE Comp.No.IV-001, 1/12/14

Doc. No.:_____;
Page No.:_____;
Book No.:_____;
Series of 2014.