Petition for Probate of Will

 

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

___ Judicial Region

Branch _______

________ City

 

 

IN RE:  PETITION FOR PROBATE

OF WILL OF __________________                     SP PROC. NO.: ________

                                                                      FOR: Probate of Will

(NAME OF PETITIONER),

                    Petitioner.                     

/-----------------------------------------------X

 

PETITION

 

NOW COMES THE PETITIONER, (NAME OF PETITIONER), through the undersigned counsel, and unto this Honorable Court most respectfully avers:

 

1.      That the Petitioner is of legal age, married, Filipino and resident of __________________ where he can be served with summons and other processes of this Honorable Court;

 

2.      That Petitioner is the son and the executor named in the Last Will and Testament of __________________, deceased, who died in __________________, on __________________, hereto attached and marked as Annex “A” of this petition is the death certificate;

 

3.      That said __________________ 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 __________________ is hereto attached as Annex “B” and made an integral part of this petition;

 

4.      That the subscribing witnesses to said will are: __________________, of legal age, single, Filipino and a resident of __________________; __________________, of legal age, married, Filipino and a resident of __________________; and __________________, of legal age, married, Filipino and a resident of __________________;

 

5.      That the decedent is an inhabitant of the Philippines and a resident of __________________ at the time of her death;

 

6.      That the petitioner, __________________, named in the Will as 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 his willingness to serve and discharge his duties and responsibilities as such;

 

7.      That the property left by the decedent consists of real and personal property, estimated to have the gross value of __________________ more or less;

 

8.      That the testator, at the time of the execution of the said will, was _______ years old, of sound and disposing mind, and not acting under duress, fraud, or undue influence and was in every respect has the capacity to dispose of her estate by will.

 

9.      That the decedent __________________ was survived by __________________, married, and __________________, single, both of legal age, Filipinos, and residents of __________________ where they can be served notices.

 

PRAYER

 

WHEREFORE premises considered, it is respectfully prays upon this Honorable Court that judgment be rendered declaring:

 

a.) That, upon proper notice, publication and hearing, the above-mentioned Will of deceased __________________ 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 ____________, Philippines, (Date).

 

        

                                                                LAWYER DETAILS

 

 [Verification and Certification follows]

Petition for Adoption of Minor

 

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT – FAMILY COURT

^_____ JUDICIAL REGION

BRANCH _____

CITY OF __________

 

 

IN RE PETITION FOR ADOPTION OF

MINOR (NAME OF MINOR) AND

BE REGISTERED IN THE NAME OF

(DESIRED NAME OF MINOR WHEN

ADOPTED)

                                                              

 

NAME OF PETITIONER                            SP. PROC. NO. _________

SPOUSES,                                                 For: Adoption of Minor

                           Petitioners,

         -versus-

 

THE CIVIL REGISTRAR OF

(PLACE OF BIRTH REGISTRY),

REGISTRAR GENERAL-PHILIPPINES

STATISTICS AUTHORITY,

                           Respondents.

X---------------------------------------------------/

 

PETITION

 

         PETITIONERS, by undersigned counsel, to the Honorable Court, most respectfully aver:

 

1.   Petitioners Spouses (NAME OF PETITIONER-SPOUSES) are both of legal age, married to each other, Filipino citizens, and residents of (Place of Residence of Petitioners). They may be served with processes of this Honorable Court through undersigned counsel’s address;

 

2.   Respondents CIVIL REGISTRAR OF (PLACE OF BIRTH REGISTRY) and CIVIL REGISTRAR GENERAL – PHILIPPINE STATISTICS AUTHORITY (formerly National Statistics Office) are both government entities before whose offices are registered the birth of the child (NAME OF MINOR TO BE ADOPTED). They may be served with processes of this Honorable Court through the Office of the Solicitor General, and the Honorable City Prosecutor of (City of Court Jurisdiction) before whose jurisdiction this case will be heard;

 

3.   Petitioner Spouses were married in a civil rite presided by (Details of Marriage - Officiating Official or Solemnizing Officer, Place and Date of Marriage).  Their Certificate of Marriage is herein attached as Annex “A”;

 

4.   Petitioners do not have any legitimate, acknowledged illegitimate, natural child or a natural child by legal fiction. They are in possession of full civil capacity and legal rights, and are not disqualified by law to adopt a child;

 

5.   Petitioners, who are (Age of Petitioners) years old, desire to adopt jointly a minor named (NAME OF MINOR), the registered name of the child in her birth certificate, who is ______ year old being born on (Birth Date of Minor) in (Place of Birth of Minor), and is presently a resident of (Place of Residence of Minor);

 

6.   The child is the illegitimate child of (MOTHER OF MINOR), Filipino, of legal  age, and a resident of (Place of Residence of Minor).  The father of said minor is not identified in her birth certificate. Hereto attached are the child’s Certificate of Live Birth as Annex “B” and the child’s Baptismal Certificate as Annex “C”. These documents are made an integral part hereof;

 

7.   Petitioners are close family friends of the minor's mother having been introduced to the latter by their friends at Couple's for Christ Ministry;

 

8.   The child (NAME OF MINOR) has since birth been introduced by her mother to the petitioners who have extended care and developed affection to said child;

 

9.   Since that time and up to the present, the Petitioners have treated the child as their true child by not only providing financial support to her, but likewise providing said minor with all kinds of support that parents should give their child;

 

10.                 Petitioners have fully developed their parental love and affection towards the subject child and treated the child as their own;

 

11.                 The natural parent of the subject illegitimate child to be adopted, (NAME OF MOTHER OF MINOR), is not insane, nor intemperate, and with full knowledge of petitioners’ intention, offers no objection to the herein adoption as shown by her Affidavit of Intent and Consent to Adoption of Child, which is hereto attached as Annex “D” and made an integral part hereof;

 

12.                 Petitioners are physically fit to adopt said minor. After Petitioners subjected themselves to physical examination at the ___________ City Health Department, certifications were issued to Petitioners stating among others that they are physically fit to adopt. Hereto attached as Annexes “E” and “F”, respectively are the Certifications issued to Petitioners;

 

13.                 Petitioners are of good moral character and are morally qualified to adopt. They have not been convicted of any crime involving moral turpitude, and have no criminal records as evidenced by clearances issued to them by the respective agencies of the government. Hereto attached are the clearances of Petitioner (NAME OF PETITIONER-HUSBAND):

 

a.   Barangay Clearance – attached as Annex “G”

b.   Police Clearance – attached as Annex “H”

c.    NBI Clearance – attached as Annex “I”

d.   MTCC Clearance issued by the Office of the MTCC Clerk of Court of _________ City – attached as Annex “J”

e.   RTC Clearance issued by the Office of the RTC Office of the Clerk of Court of _________ City – attached as Annex “K”

f.     City Prosecutor’s Clearance issued by the Office of the _________ City – attached as Annex “L”;

 

And the clearances of (NAME OF PETITIONER-WIFE):

 

a.   Barangay Clearance – attached as Annex “M”

b.   Police Clearance – attached as Annex “N”

c.    NBI Clearance – attached as Annex “O”

d.   MTCC Clearance issued by the Office of the MTCC Clerk of Court of _________ City – attached as Annex “P”

e.   RTC Clearance issued by the Office of the RTC Office of the Clerk of Court of _________ City – attached as Annex “Q”

f.     City Prosecutor’s Clearance issued by the Office of the _________ City – attached as Annex “R”;

 

14.                  Petitioners are financially qualified to adopt and bring up the subject child properly and adequately;

 

a.   Petitioner _________ is working as an _________ since _________, with address at _________, and for which she receives daily salary rate of _________ or a monthly pay of around _________. Attached herein is her Certificate of Employment as Annex “S” and a copy of her payslip as Annex “T”;

 

b.   Petitioner _________ is a businessman running a _________ and is earning a net income of around _________ a month. Attached herein his store’s Barangay Business Permit, as Annex “U”;

 

15.                  The Petitioners’ visible means to support is more than sufficient to enable the minor in custody to live decently and with a promising future;

 

16.                 Petitioners are qualified to adopt the said minor and possess all the necessary qualifications of adopters and none of the disqualifications. They will be able to physically, financially, and morally take care of the child, bring her up and educate her properly and adequately;

 

17.                 The adoption will redound to the best interest and benefit of the said child if she will be considered as the true and legal child of herein Petitioners, because her financial, spiritual, and emotional needs will be taken care of and her future will be safeguarded;

 

18.                 The adoption will serve the best interest and well-being of the child and make her life normal, productive, and a good person of the community.

 

 

PRAYER

 

 

WHEREFORE, it is the most respectfully prayed that after proper notice, publication, and hearing, a Decree of Adoption be entered approving and granting the Petition for Adoption of Minor _________ by petitioners _________, and:

 

a.   Declaring the minor child _________ freed from all legal obligations and maintenance with respect to her natural parents;

 

b.   Declaring the minor child _________ for all legal intents and purposes, as the child of Petitioners Spouses _________;

 

c.    Directing the Local Civil Registrar of _________ to make the corresponding marginal annotation of said decree of adoption in the record of birth of _________ by: (1) changing the name of _________ to _________; and (2) entering the name of petitioners _________, as father and mother, respectively;

 

d.   Directing the said Local Civil Registrar and the Civil Registrar General-PSA, Quezon City to issue an amended birth certificate to the child, who shall be known as _________, with the names of petitioners _________ as parents.

 

 

Other reliefs and remedies just and equitable under the circumstances are likewise prayed for.

 

RESPECTFULLY SUBMITTED.  (Date of Filing), (Place of Filing), Philippines.

 

 

 

LAWYER DETAILS

 

 

 

Copy furnished through registered mail:

 

The Honorable  Solicitor General            R.R. No._______________

Office of the Solicitor General                 Date & Place: ___________

134 Amorsolo St., Paseo Roxas

Salcedo Village

1229 Makati City

 

Civil Registrar General-NSO

Solicarel Building                                    R.R. No._______________

Ramon Magsaysay Boulevard                Date & Place: ___________

Sta. Mesa, Manila 1016

 

Civil Registrar of ____________

____________                                        R.R. No._______________

____________                                        Date & Place: ___________

 

_________ City Prosecutor’s Office

Hall of Justice                                         R.R. No._______________

_________ City                                       Date & Place: ___________

 

 

Explanation: Served to the parties through registered mail due to distance between these offices and that of counsel, and lack of messengerial staff to effect personal service.

 

                                                                        NAME OF LAWYER

[Verification and Certification follows]