Settlement of Estate

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Transcript of Settlement of Estate

REPUBLIC OF THE PHILIPPINESREGIONAL TRIAL COURT7TH Judicial RegionCebu City, Branch ____

IN RE: PETITION FOR LETTERS OF ADMINISTRATION FOR THE INTESTATE ESTATE OF THE DECEASED SEVERINO GABINETE,

CESLEEN GABINETE,Petitioner. SP. PROC. CASE NO. _____

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PETITION

Petitioner, through the undersigned counsel, and unto this Honorable Court, most respectfully states that:

1. Petitioner is of legal age, widow, and a resident of 244D Rosello Drive, Brgy. Nasipit, Talamban, Cebu City, where she may be served with the notices of the Honorable Court. Notices and other processes of the Honorable Court may also be served through Counsel of Petitioner at Unit 3, 2nd floor, Sampaguita Building, Gorordo Avenue, Cebu City.

2. Petitioner is the surviving spouse of the deceased SEVERINO GABINETE, a certified true copy of their marriage certificate is hereto attached as Annex A and made an integral part of this Petition;

3. The deceased SEVERINO GABINETE, died intestate in the City of Cebu, Philippines on November 12, 2014, a certified true copy of his death certificate is hereto attached as Annex B and made an integral part of this petition;

4. The deceased, during his lifetime, resided at Brgy. Nasipit, Talamban, Cebu City, Philippines, his community tax certificate is hereto attached as Annex C and made and integral part of this Petition;

5. The deceased SEVERINO GABINETE left the following legal heirs, to wit:Lucas Gabinete, brother, of legal age and a resident of Mambaling, Cebu City.6. The following are known creditors of the deceased SEVERINO GABINETE, to wit:

Monica Morales, of legal age, and a resident of Mandaue City, Cebu.

7. The deceased, at the time of his death, left real properties with an aggregate assessed value of Two Million Nine Hundred Thousand Pesos (P2,900,000.00), Philippine currency, particularly described as follows:a) Residentiallot in Carcar City, Cebu covered by TCT No. T-12835, herein attached as Annex Dwith anareaof290 sq. m. with assessed value of P300,000.00, as shown in the corresponding Tax Declaration of said property, herein attached as Annex D-1;b)Residential lotin Carcar City, Cebu covered by TCT No. T-12834, herein attached as Annex E with an area of 323 sq.m with assessed value of P400,000.00 , as shown in the corresponding Tax Declaration of said property, herein attached as Annex E-1;

c)Residentiallot in Cebu City, covered by TCT No. 35813 herein attached as Annex F with a house constructed thereon with assessed value of P1, 000,000.00, as shown in the corresponding Tax Declaration of said property, herein attached as Annex F-1;d)Residentiallot in Cebu City, covered by TCT No. 35814 herein attached as Annex G with a house constructed thereon, with assessed value of P1,200,000.00, as shown in the corresponding Tax Declaration of said property, herein attached as Annex G-1;8. Since the death of the late SEVERINO GABINETE, no settlement, judicial or extrajudicial, of his property has been made;

9. Petitioner is competent, able and willing to act as administrator of the estate of the deceased;

10. Petitioner has all the qualifications of a judicial administrator and none of the disqualifications and is ready and willing to post a bond as may be required by this Honorable Court.

PRAYERWHEREFORE, in view of all the foregoing, it is respectfully prayed:(a) That after due notice and hearing, letters of administration be issued to the herein Petitioner for the administration of the estate of the deceased SEVERINO GABINETE upon the giving of a bond in such reasonable sum as this Honorable Court may fix;

(b) That after all the properties of the deceased SEVERINO GABINETE have been inventoried and expenses and just debts, if any, have been paid and the legal heirs of the deceased fully determined, that the said estate of SEVERINO GABINETE be settled and distributed among his legal heirs, in accordance with law;

(c) Such other relied and remedies just and equitable under the premises are likewise prayed for.Cebu City, Philippines, March 2, 2015.

ATTY. ALLEN YNTIGCounsel for PetitionerUnit 3, 2nd floor, Sampaguita Bldg,Gorordo Avenue, Cebu City.Roll No. 54842IBP No. 823408, 1/3/2015, Cebu CityPTR No. 146924, 1/8/2015, Cebu CityMCLE Compliance No. IV-0008665

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, CESLEEN GABINETE, Filipino, of legal age, widow and a resident of Brgy. Nasipit, Talamban, Cebu City, after having been duly sworn to in accordance with law, do hereby depose and say that:

1.)I am the Petitioner in this case and I have caused the preparation and filing of the foregoing Petition for Letters of Administration;2.)I have read and understood the contents thereof and the same are true and correct to the best of my personal knowledge and based on authentic documents in my possession;3.)I have not heretofore commenced any other action, suit or proceeding involving the same issues and parties before any other court, tribunal, office or agency, judicial or quasi-judicial, and to the best of my knowledge, no such action or proceeding has been filed or is pending before any other court, tribunal, office or agency, judicial or quasi-judicial. 4.) Should I learn any similar action or proceeding has been filed or is pending before any court, tribunal office or agency, judicial or quasi-judicial, I hereby undertake to inform the Honorable Court of such fact within a period of five (5) days from actual notice.IN WITNESS WHEREOF, I have hereunto set my hand on 2nd day of March, 2015 at the City of Cebu, Philippines.

CESLEEN GABINETEAffiant

SUBSCRIBED AND SWORN TO before me this 2nd day of March 2015 at the City of Cebu, Affiant having shown to me her PRC License No. 8927645 bearing her true and genuine photograph and signature.

Doc. No. 418;ATTY. RODOLFO MAGTIBAYPage No. 84; Commission Serial No. 1234567Book No. IV; Until December 31, 2016Series of 2015. Roll of Attorneys 79835068 IBP No. 65253, 10/5/14/Cebu City PTR No. 42403, 1/5/15/Cebu CityPage 2