Republic of the Philippines

FIFTH JUDICIAL REGION

REGIONAL TRIAL COURT
Branch 25
Naga City

IN RE: PETITION FOR APPROVAL

THE WILL OF JOEY FRUEL,
DECEASED SPECIAL PROCEEDINGS
No.: 5813

FOR: PROBATE OF WILL

KATE FRUEL
Petitioner.
X-------------------------------------------X

PETITION

The petitioner, KATE FRUEL, through the undersigned counsel

and unto this Honorable Court most respectfully avers that:

1. The petitioner is of legal age, married, Filipino and a resident

of 27 Amarillo St., Brgy. Calauag, Naga City, where she can be served
with summons and other processes of this Honorable Court;

2. The petitioner is the wife and the executor named in the last
will and testament of JOEY FRUEL, deceased, who died in Naga City
on November 2, 2013, hereto attached is the death certificate (Annex
“A”);

3. JOEY FRUEL executed and left said last will and testament in
accordance with the formalities of the Republic of the Philippines, said
last will and testament dated July 17, 2013 is hereto attached (Annex
“B”);

4. The subscribing witnesses to said will are: ORLANDO

CARDIOLA, of legal age, married, Filipino and a resident of 123
Magnolia St. Bagumbayan Sur, Naga City; NATIVIDAD CORTEZA, of
legal age, single, Filipino and a resident of 21 E. Lopez St. Mabolo,
Naga City; and JAPETH ROSA, of legal age, single, Filipino and a
resident of Room 832 New Naga Condominiums Mayon Avenue, Naga
City;

5. The decedent is an inhabitant of the Philippines and a resident

of 27 Amarillo St., Brgy. Calauag, Naga City at the time of his death;
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 6. The petitioner, KATE FRUEL, named in the will as the
executor thereof, be allowed to serve without the required bond and
that petitioner is legally qualified, competent, willing and ready to
accept the appointment as Executor of the last will and testament and
hereby signifies her willingness to serve and discharge her duties and
responsibilities as such;

7. The property left by the decedent consists of real and personal

property amounting to FIFTY MILLION PESOS (P50, 000, 000.00)
more or less;

8. That the testator, at the time of the execution of the said will,
was 76 years old, of sound and disposing mind, and not acting under
duress, fraud, or undue influence and was in every aspect capacitated
to dispose of his estate by will.

9. The decedent JOEY FRUEL was survived by his wife KATE

FRUEL, and their children JADER FRUEL, JANARD FRUEL, and
JACK FRUEL, all of whom are of legal age, Filipinos, and residents of
27 Amarillo St., Brgy. Calauag, Naga City where they can be served
notices.

PRAYER

Wherefore, premises considered, it is respectfully prayed upon

this Honorable Court that judgment be rendered declaring:

a. That, upon proper notice, publication and hearing, the above

mentioned will of deceased JOEY FRUEL be approved, allowed and
admitted to probate;

b. That letters testamentary (or of administration) be issued to

herein petitioner, without bond;

c. That such other relief be granted as shall be deemed just and

equitable in the premises.

City of Naga, Philippines, April 2, 2014

ATTY. OWEN S. DEL CASTILLO

IBP No. 61240 Jan. 4, 2014
PTR No. 3570896 Jan. 8, 2014
Roll No. 67325
MCLE V-1110328
TIN No. 540-795-284
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REPUBLIC OF THE PHILIPPINES )
CITY OF NAGA………..………………)S.S.
X----------------------------------------------------X

VERIFICATION

I, KATE FRUEL, of legal age, married and a resident of 27

Amarillo St., Brgy. Calauag, Naga City, after duly being sworn to in
accordance with law hereby state that:

1. I am the petitioner of the above instant case.

2. I have caused the preparation of the above-entitled petition.

3. I have read the same and it is true and correct based on my

personal knowledge or based on authentic records.

4. I hereby certify under oath in this petition as follows:

a. I have not theretofore commenced any action or filed any

action or claim involving the same issue in any court, tribunal or quasi-
judicial agency and, to the best of my knowledge, no such other
pending action or claim is pending therein;

b. If there is such other pending action or claim, a complete

statement of the present status thereof; and

c. If I should thereafter learn that the same or similar action

or claim has been filed or is pending, I shall report that fact within five
(5) days therefrom to the court wherein the aforesaid complaint or
initiatory pleading has been filed.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

2nd of April 2014, Naga City, Philippines.

KATE FRUEL
Affiant

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 SUBSCRIBED AND SWORN to before me, a notary public in and
for the City and Province of Naga , this 2nd day of April 2014 at Naga
City, Philippines, affiant appearing before me with her PRC ID No.
12345 issued on January 30, 2010 at Legazpi City, Philippines and
presenting to me a document entitled In Re: Petition for Approval The
Will of Joey Fruel, affiant being known to me personally as she is a
friend, and who signed said document in my presence and sworn as to
said document that she understood the contents thereof and that the
same was her free and voluntary act and deed.

ATTY. GIDIONNE M. SALVA

Notary Public
Within the Territorial Jurisdiction of the
Regional Trial Court of Naga City
Commission Civil St., Magsaysay, Naga City
Notarial Commission Reg. No. 95
Valid until December 31, 2015
PTR No. 2469785, Naga City, January 7, 2014
IBP No. 50139, Naga City, January 3, 2014
Roll No. 56214, TIN: 439-684-173
MCLE Compliance No. IV-0009217

Doc. No. ;
Page No. ;
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Series of 2014.