Republic of the Philippines

1st JUDICIAL REGION

Regional Trial Court
Branch 69
San Marino City
IN RE: PETITION FOR THE PROBATE
OF THE LAST WILL AND TESTAMENT
OF JULIO JAIME BEE
SP NO. X-08-090909
ESTELIYANAH R. LEE,
Oppositor.
x---------------------------------------------------------x
OPPOSITION TO THE PETITION
OPPOSITOR, through undersigned counsel, respectfully OPPOSES
the probate of the alleged will of his father, JULIO JAIME BEE (hereinafter
referred to as the DECEDENT) and states:
1. That he is 40 years old, Filipino, single and a resident of Cosmo Village,
San Marino 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 she is the attorney-in-fact of the 12 legitimate heirs of the
DECEDENT who died on December 31, 2012.
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:
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.
DECEDENTs will failed to meet the requirements laid down by the
provisions above, to wit:
a. The decedents signature did not appear on the second page of the will;
b. The will is not numbered correlatively in letters placed on the upper part
of each page;
b. The attestation failed to state the number of pages used upon which the
will is written; and
c. The will was not properly acknowledged.
PRAYER
WHEREFORE, premises considered, OPPOSITOR ESTELIYANAH
R. LEE respectfully prays from this Honorable Court that:
1. the Petition for the probate of the alleged will of the late JULIO JAIME
BEE be denied;
2. the estate of the late JULIO JAIME BEE be partitioned in accordance
with the laws on intestacy; and
3. other just and equitable remedies are respectfully submitted.
San Marino, Philippines, February 2, 2016.
OSSIE PAPAANAWA NGEM CUTE
OMG Building, Gen. Luna St.,
San Marino City, Ilocos Norte
Lawyer-Notary Public, Roll No.: 56789
IBP No.: 123456, Jan. 05, 2016
PTR No. 1234578, Date: Jan. 05, 2016
San Marino, Ilocos Norte
COUNSEL FOR OPPOSITOR
Copy Furnished:
By Personal Service

Atty. Ossie Papaanawa Ngem Cute

Counsel for the Oppositor