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In The Matter of The Summary Settlement of The Estate of X Maria Dela Cruz Petitioner

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REPUBLIC OF THE PHILIPPINES

FIFTH JUDICIAL REIGON


Municial Trial Court
Branch 2
Legazpi City

In the Matter of the Summary Settlement


of the Estate of X Dela Cruz
Maria Dela Cruz
Petitioner,

x----------------------------------------------------x
PETITION

COMES NOW the petitioner, by the undersigned counsel, and unto this
Honorable Court, respectfully alleges that:

1. Petitioner, a resident of Block 91, Cruz Street, Maria Subdivision, Brgy. 3


Legazpi City, is the surviving spouse of the deceased X Dela Cruz, who died
intestate on the 2nd of May 2020 in Legazpi City;

2. Deceased left a real estate located in Block 17, Sipag Street, Guererro
Subdivision, Brgy. 17 Legazpi City, the gross value of which does not exceed
TEN THOUSAND PESOS (₱10,000.00) as evidenced by a certificate of
assessed value of said property, issued by the Assessor's Office of Legazpi
hereto attached as Annex “A” and made an integral part of this petition;

3. The following persons, all of legal age (or if minors, state so, asking the
court to appoint guardians ad litem for them) are the sole, lawful and exclusive
heirs of the deceased namely: Maria Dela Cruz, surviving spouse and legitimate
children, Y Dela Cruz and Z Dela Cruz.

4. The debts (if any) existing at the time of the death of the deceased, are as
follows: Alfonso Garcia of Block 4, Bichara Street, Sta Maria Subdivision,
Brgy. 7 Legazpi City in the amount of P2000.00 which the decedent owed as of
February 2020; and Pedro Garcia of Block 6, Bichara Street, Sta Maria
Subdivision, Brgy. 7 Legazpi City in the amount of P1000.00 which the
decedent owed as of January 2020; both of which are evidenced by the statement
of account prepared by the accountant of the deceased hereto attached as Annex
“B” and made an integral part of this petition;

5. It is desired that the estate of the deceased, be settled summarily, and


apportioned and divided among the abovementioned heirs, without the
appointment of an executor or administrator.
WHEREFORE, it is respectfully prayed that after notice to all interested
parties, and due publication in a newspaper of general circulation of this petition,
and after due hearing in accordance with law, this Honorable Court:

(a) Proceed summarily without the appointment of an executor or


administrator, and to apportion and divide the estate among the lawful heirs of
the deceased after the payment of the just debts; and

(b) The costs of these proceedings be apportioned among the several heirs in
accordance with the value of the estate that may be awarded to each
respectively.

(c) That such further orders be made as may be deemed just and equitable in
the premises.

6th of May 2020, Legazpi City.

Maria Dela Cruz


TIN No. 144-490-098 1/23/2004
Tel. No. 456-4567
Cell Phone No. 09641236789
Email Address: mariadelacruz@gmail.com
Block 91, Cruz Street, Maria Subdivision, Brgy. 3 Legazpi City

CERTIFICATION AGAISNT FORUM SHOPPING

I, Maria Dela Cruz, of legal age, Filipino, married and resident of Block 91,
Cruz Street, Maria Subdivision, Brgy. 3 Legazpi City, hereby depose and state
under oath that:

1. I am the Petitioner in the above entitled case;

2. I have caused the preparation of the foregoing Petition;

3. I have read the contents thereof and the facts stated therein are true and
correct of our personal knowledge and/or on the basis of copies of documents
and records in our possession;

4. I have not heretofore commenced any action or filed any claim involving
the same issues in any court, tribunal or quasi-judicial agency and to the best of
our knowledge no such action or claim in pending therein;

5. If I should thereafter learn that the same or similar action or claim has
been filed or is pending, we shall report this fact within five (5) days therefrom
to this Honorable Court.
VERIFICATION

I, Maria Dela Cruz, the petitioner hereby certify that the allegations herein
are true and correct to the best of my knowledge and belief.

Maria Dela Cruz


TIN No. 144-490-098 1/23/2004
Tel. No. 456-4567
Cell Phone No. 09641236789
Email Address: mariadelacruz@gmail.com
Block 91, Cruz Street, Maria Subdivision, Brgy. 3 Legazpi City

SUBSCRIBED and SWORN to before me, this 6th of May 2020, Legazpi
City, affiant exhibiting to me her government issued ID indicated below her name.

Lopez Law Office


NOTARY PUBLIC
Roll No. 1234
PTR No. 1367 1/23/2004
IBP No. 12346 2/24/200
MCLE Compliance V.
Tel. No. 456-7891
Cell Phone No. 09641234569
Email Address: juanlopez@gmail.com
Block 54 Juan Street, Lopez Subdivision, Brgy. 8 Legazpi City, 4500

Doc. No. _______


Page No. _______
Book No. _______
Series of 2020

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