Memorandum On Instrinsic Validity
Memorandum On Instrinsic Validity
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COMPLIANCE
PETITIONERS, through undersigned counsel, and to this Honorable
intrinsic validity of the Last Will and Testament of Late Gloria Poblete
Respectfully submitted.
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MEMORANDUM
(On Intrinsic Validity)
PETITIONERS, through undersigned counsel, and to this Honorable
Court, most respectfully submits herein Memorandum to prove the intrinsic
validity of the last will and testament of the late Gloria Poblete.
STATEMENT OF FACTS
1. On February 10, 2011, the late Gloria Christmas Poblete executed
a last will and testament.1 The decedent is a Filipino citizen, resident 127
Katipunan Avenue, St. Ignatius, Quezon City at the time of her death.
She died as the sole child of Alberto and Dolores Poblete, unmarried
and without first and second degree family. During her lifetime and
while suffering from cervix cancer, she lives with her adopted child
Allen Cristopher Poblete, cousin, nieces and nephews to the third
degree and very close friends who likewise took care of her. Aida T.
Capanzana, Vivien R. Capinpin, Amelia G. Carreon, and Ma. Teresa
C. La Putt served as the subscribing witnesses of the decendents
will. 2
ISSUE
DISCUSSION
4
TSN dated December 7, 2011, page 13.
5
Exhibit A-3.
6
Succession and Prescription by Dean Ernesto L. Pineda, 2001 Edition, p. 38, 39.
7
TSN dated December 7, 2011, page 13.
8
Exhibit A-2.
purposes and as such is entitled to all the rights and
obligations provided by law to legitimate sons/daughters
born to them without discrimination of any kind. To this end,
the adoptee is entitled to love, guidance, and support in
keeping with the means of the family.
Lastly, it can be inferred from the Last Will and Testament of the
decedent that her intention was to bequeath all her properties and
belongings to her adopted child Allen Cristopher Poblete and to no
one else. There is no law, morals or public policy violated when she has
done such act. In the case of Dy Yieng Seangio, et.al vs. Hon. Amor A.
Reyes, et.al,10 the Honorable Supreme Court declared that:
NOTICE OF HEARING
Office of the City Prosecutor
Hall of Justice, Quezon City
Dear Sir/Madam:
Please take notice that the foregoing Manifestation with Motion will be submitted for
consideration by the Honorable Court on August 15, 2014 at 8:30 in the morning.
JEAN C. CELZO-DAPULA