Pre Trial Brief For Petitioner

REPUBLIC OF THE PHILIPPINES
12th JUDICIAL REGION

METROPOLITAN TRIAL COURT IN CITIES
BRANCH 1
ILIGAN CITY
IN RE: PETITION FOR

PROBATE OF THE WILL OF ARTEMIS
MEOW UY,
versus SPECIAL PROCEEDINGS

NO. 002
PATRICIA MEOW UY,

Petitioner.
X------------------------------------------------------X
PRE-TRIAL BRIEF OF THE PETITIONER
The Petitioner, represented by the undersigned counsels as her

attorneys-in-law, respectfully submits to this Honorable Court this
Pre-Trial Brief, to wit:
I.
POSSIBILITY OF AMICABLE SETTLEMENT OR ALTERNATIVE MODES OF

DISPUTE RESOLUTION
The Petitioner is not willing to consider any amicable settlement

or undergo alternative modes of dispute resolution with respect to the
primary prayer of this petition.
1
II.
PROPOSED STIPULATION OF FACTS
The Petitioner proposes the following stipulation of facts:
1. PATRICIA MEOW UY is the sister of the decedent and a resident

of Unit 23B, Mark Laya Condominium, Andres Bonificio
Avenue, Iligan City.
2. The testator died on October 20, 2016 due to intracranial

hemorrhage secondary to ruptured cerebral aneurysm medulla
oblongata and hypertension stage 3 as reflected in the death
certificate of the testator.
3. The testator left a will naming PATRICIA MEOW UY, petitioner,

as the executor of the will.
4. The will was executed in accordance to the formalities set forth

by law.
5. That the authenticity and due execution thereof have been

attested to by the attesting witnesses, namely, RICKY A. DELA
CRUZ, of legal age, single, Filipino and a resident of Room 3,
PRP Condominium, Rik Torres Avenue, Iligan City; RICH B.
DELA CERNA, of legal age, single, Filipino and a resident of
Phase 4, Block 3, Lot 8, Livin Lavida Loca Subdivision, Iligan
City; and RON C. DELA VICTORIA , of legal age, single, Filipino
and a resident of Phase 2, Block 4, Lot 15, Jejemon Village, Iligan
City;
6. The witnesses who attested the due execution of the will were
not under fraud nor in bad faith during the signing thereof in the
presence of each other.
7. The witnesses who subscribed and attested the will were not
under pressure, under duress and neither forced nor violently
compelled to subscribe and attest the same.
8. The witnesses named in the petition arrived on time when the

will was attested and subscribed by each of them and in the
presence of the testator himself, along with the notary public
2
who notarized the same. None of the witnesses was late at the
time and day agreed upon.
9. The testator admittedly was weak due to his illness at the time
the will was executed. However, he still possessed all the mental
faculties that would capacitate him to sign the same.
10.The will was personally signed by the testator and no other

person assisted him in affixing his signature in contrary to the
claim of the oppositor.
11.The will contained two (2) heirs namely:
PATRICK JOHN W. UY 25 years old Iligan City

PATRICE MAE W. UY 22 years old Iligan City
12.The legal and compulsory heirs are the legitimate children of the
testator by his marriage to ATHENA LOMOCSO WAMILDA
UY, his lawful wife.
13.Patrick John and Patrice Mae were out of the country, in Zurich,
Switzerland, at the time the will was executed.
14. ATHENA LOMOCSO WAMILDA UY, the spouse of the

testator, died on June 30, 2006.
15.The oppositor, Hercules W. Uy is not a legitimate son of the

testator. The petitioner has not heard the name Hercules W. Uy
even and during the lifetime of the testator. The oppositors
name is unknown not only to the petitioner but also to the
relatives of the testator.
16.The oppositor, Hercules W. Uy, only surfaced at the interment

ceremony of the testator in Donya Yaya Cocoya Crematory
Gardens in Iligan City. It was the first time we saw the oppositor.
17.The testator owns the following real and personal properties:
a. A parcel of land situated in Skylark St., Isabel

Village, Brgy. Pala-o, Iligan City, Lanao del Norte,
consisting of 4,410 sq. mtrs., covered under TCT
NO. T-11-1331;
3
b. A parcel of land situated in Monggos Village,
Brgy. Saray, Iligan City, Lanao del Norte,
consisting of 10,410 sq. mtrs., covered under TCT
NO. T-23-2249;
c. A house and lot situated in Purok 8B, Brgy.

Santiago, Iligan City with lot area of 625 sq. mtrs.,
covered under TCT NO. T-10-2311;
d. A motor vehicle registered under Philippine

Laws, more particularly described as 2016 model
Toyota Land Cruiser bearing plate no. MEO
8888.
e. A motor vehicle registered under Philippine

Laws, more particularly described as 2017 model
Montero Sports GT bearing plate no. NL - 1220.
18.The testator has bank deposits as follows:
a. A Time Deposit Account at the Luzon

Development Bank, Iligan Branch, under Account
Name: Artemis Meow Uy and Account Number:
1800117041, containing the amount of Fifteen
Million Two Hundred Thirteen Thirteen
Thousand Pesos (P 15,213,000.00) more or less.
b. A Savings Account at BDO Del Pilar, Iligan

Branch Account Number: 1901112101, amounting
to Ten Million Four Hundred Thousand pesos (P
10, 400, 000.00) more or less.
19.The testator bequeathed the savings account at BDO Del

Pilar, Iligan Branch Account Number: 1901112101,
amounting to Ten Million Four Hundred Thousand pesos
(P 10, 400, 000.00) more or less to Patricia Meow Uy, the
petitioner.
4
III.
ISSUES TO BE TRIED AND RESOLVED
The Petitioner proposes the following issues to be tried and

resolved by this Honorable Court:
1. Whether or not the will was executed in accordance with

the formalities required by law; and
2. Whether or not Hercules W. Uy is a compulsory heir of

Artemis Meow Uy.
IV.
DOCUMENTS TO BE PRESENTED
The Petitioner will present the following documents:
1. Death Certificate of Artemis Meow Uy as Annex A
2. Birth Certificate of Patrick John W. Uy as Annex B
3. Birth Certificate of Patrice Mae W. Uy as Annex C
4. Judicial Affidavit of Ricky Dela Cruz as Annex D
5. TCT NO. T-11-1331 covering a parcel of land situated in

Skylark St., Isabel Village, Brgy. Pala-o, Iligan City, Lanao
del Norte, consisting of 4,410 sq. mtrs. as Annex E
6. TCT NO. T-23-2249 covering a parcel of land situated in

Monggos Village, Brgy. Saray, Iligan City, Lanao del
Norte, consisting of 10,410 sq. mtrs. as Annex F
7. TCT NO. T-10-2311 covering a house and lot situated in

Purok 8B, Brgy. Santiago, Iligan City with lot area of 625
sq. mtrs. as Annex G
5
8. An Original Certificate of Registration (OR/CR) of a motor
vehicle registered under Philippine Laws, more
particularly described as 2016 model Toyota Land Cruiser
bearing plate no. MEO 8888 , as Annex H
9. An Original Certificate of Registration (OR/CR) of a motor

vehicle registered under Philippine Laws, more
particularly described as 2017 model Montero Sports GT
bearing plate no. NL 1220, as Annex I
10.A Bank Certificate of a Time Deposit Account at the Luzon

Development Bank, Iligan Branch, under Account Name:
Artemis Meow Uy and Account Number: 1800117041,
containing the amount of Fifteen Million Two Hundred
Thirteen Thirteen Thousand Pesos (P 15,213,000.00) more
or less as Annex J
11.A Bank Certificate of a savings account at BDO Del Pilar,

Iligan Branch, with Account Number: 1901112101
amounting to Ten Million Four Hundred Thousand pesos
(P 10, 400, 000.00) more or less as Annex K.
V.
WITNESSES TO BE PRESENTED
The Petitioner will present:
1. Ricky A. Dela Cruz
VI.
AVAILABLE DATES FOR TRIAL
The Petitioner respectfully requests that the trial dates be agreed

upon in open court at such dates and time convenient to the parties
and the calendar of this Honorable Court.
WHEREFORE, premises considered, it is respectfully prayed

unto this Honorable Court that the foregoing Pre-Trial Brief be duly
noted.
6
Iligan City, 26 September 2017.
ATTY. RIEZYL REEN P. ANGAS

Counsel for Petitioner
Unit 1, XYZ Building, Quirino Ave.,
Iligan City
IBP NO. 854908, 1/02/17, Iligan City
PTR NO. 3621460, 1/02/17, Iligan City
ROLL ATTORNEY NO. 32747
MCLE Comp. No. IV-0004785, 3/2/17
ATTY. RICARDO C. YIGUEZ JR.

Counsel for Petitioner
Unit 1, XYZ Building, Quirino Ave.,
Iligan City
MCLE Comp. No. IV-0020785, 4/2/17
Copy furnished:
RUELO, TORRES AND ASSOCIATES

Counsel for Oppositor
Address: San Miguel St., Iligan City
Contact Nos.: (081) 874-1478 to 90
7
EXPLANATION
Service of this petition is by registered mail instead of personal service

because of lack of messengerial aide to make personal service.
(SGD.) ATTY. RIEZYL REEN P. ANGAS

(SGD.) ATTY. RICARDO YIGUEZ, JR.
Counsels for the Petitioner
AFFIDAVIT OF SERVICE BY REGISTERED MAIL
I, ANTONING TRILILING, of legal age and having been duly

sworn depose and say:
That I am the messenger of Atty. Angas and Atty. Yiguez,

counsels for petitioner in the case entitled In re: Petition for Probate
of the Will of Artemis Meow Uy, Special Proceedings case no. 002 and
as such messenger I served upon the counsel of the adverse party, the
petition filed in said case:
By depositing the copy in the post office in sealed envelope,

plainly addressed to the counsels at their office, with postage fully
prepaid, and with instruction to the postmaster to return the mail to
the sender after ten days if undelivered, this 18th day of September
2017, as shown by Registry No. 12345 dated 18 September 2017 of the
post office of Iligan City.
IN WITNESS WHEREOF, I have signed this affidavit this 18th

day of September, 2017 at Iligan City.
(SGD.) ANTONING TRILILING

8
Affiant
SUBSCRIBED AND SWORN to before me on this 19th day of

September, 2017 at Iligan City, affiant exhibiting to me her Driver's
License No. 12345852515 which will expire on April 26, 2018.
ATTY. MARK LAYA

Notary Public of Iligan City
Unit 1, ABC Building, Quirino Ave.,
Iligan City
MCLE Comp. No. IV-0004785, 3/2/17
Doc. No. 1;
Page No. 2;
Book No. 3;
Series of 2017.

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REPUBLIC OF THE PHILIPPINES

12th JUDICIAL REGION

IN RE: PETITION FOR

versus SPECIAL PROCEEDINGS

PATRICIA MEOW UY,

PRE-TRIAL BRIEF OF THE PETITIONER

The Petitioner, represented by the undersigned counsels as her

POSSIBILITY OF AMICABLE SETTLEMENT OR ALTERNATIVE MODES OF

The Petitioner is not willing to consider any amicable settlement

PROPOSED STIPULATION OF FACTS

The Petitioner proposes the following stipulation of facts:

1. PATRICIA MEOW UY is the sister of the decedent and a resident

2. The testator died on October 20, 2016 due to intracranial

3. The testator left a will naming PATRICIA MEOW UY, petitioner,

4. The will was executed in accordance to the formalities set forth

5. That the authenticity and due execution thereof have been

8. The witnesses named in the petition arrived on time when the

10.The will was personally signed by the testator and no other

11.The will contained two (2) heirs namely:

PATRICK JOHN W. UY 25 years old Iligan City

14. ATHENA LOMOCSO WAMILDA UY, the spouse of the

15.The oppositor, Hercules W. Uy is not a legitimate son of the

16.The oppositor, Hercules W. Uy, only surfaced at the interment

17.The testator owns the following real and personal properties:

a. A parcel of land situated in Skylark St., Isabel

c. A house and lot situated in Purok 8B, Brgy.

d. A motor vehicle registered under Philippine

e. A motor vehicle registered under Philippine

18.The testator has bank deposits as follows:

a. A Time Deposit Account at the Luzon

b. A Savings Account at BDO Del Pilar, Iligan

19.The testator bequeathed the savings account at BDO Del

ISSUES TO BE TRIED AND RESOLVED

The Petitioner proposes the following issues to be tried and

1. Whether or not the will was executed in accordance with

2. Whether or not Hercules W. Uy is a compulsory heir of

The Petitioner will present the following documents:

1. Death Certificate of Artemis Meow Uy as Annex A

2. Birth Certificate of Patrick John W. Uy as Annex B

3. Birth Certificate of Patrice Mae W. Uy as Annex C

4. Judicial Affidavit of Ricky Dela Cruz as Annex D

5. TCT NO. T-11-1331 covering a parcel of land situated in

6. TCT NO. T-23-2249 covering a parcel of land situated in

7. TCT NO. T-10-2311 covering a house and lot situated in

9. An Original Certificate of Registration (OR/CR) of a motor

10.A Bank Certificate of a Time Deposit Account at the Luzon

11.A Bank Certificate of a savings account at BDO Del Pilar,

The Petitioner will present:

1. Ricky A. Dela Cruz

AVAILABLE DATES FOR TRIAL

The Petitioner respectfully requests that the trial dates be agreed

WHEREFORE, premises considered, it is respectfully prayed

ATTY. RIEZYL REEN P. ANGAS

ATTY. RICARDO C. YIGUEZ JR.

RUELO, TORRES AND ASSOCIATES

Service of this petition is by registered mail instead of personal service

(SGD.) ATTY. RIEZYL REEN P. ANGAS

AFFIDAVIT OF SERVICE BY REGISTERED MAIL