SAMPLE FORM PETiTION For Letters of Administartion

SAMPLE FORM: ISSUANCE OF LETTERS OF ADMINISTRATION
Republic of the Philippines

5th Judicial Region
Regional Trial Court
Branch 5
Legazpi City
In the Matter of
Intestate Estate of Spouses
Hernesto Natividad Latumbo and
Wilhelmina Dimaano Latumbo Spec. Proc. Case No. 1209
For: Issuance of Letters of
Administration with Prayer
for the Special
Administratrix
CARREY LATUMBO BIEN

Petitioner,
x-------------------------------x
PETITIONER, by counsel and to his Honorable Court, respectfully states:
1. Petitioner is a Filipino citizen, of legal age, married to Rey Dy Bien, and a

resident of Rawis, Legazpi City.
2. Petitioner is the youngest of the three children of the late Hernesto Natividad
Latumbo, who died on February 12, 2010, and Wilhelmina Dimaano Latumbo,
who died on December 1, 2019. The other children are Meridith Latumbo Sy and
Hernesto Dimaano Latumbo, Jr.
3. The deceased spouses were residents of Salvacion, Tabaco City at the time
of their death.
4. The names, ages and residences of the only surviving Deceased Spouses are
as follows:
4.1 Meridith Latumbo Sy, 40 years legitimate daughter of the deceased
spouses and with residence address at Busay, Daraga, Albay;
4.2 Hernesto Dimaano Latumbo, Jr., 35 years of age, legitimate son of the
deceased spouses and with residence address at Salvacion, Tabaco City; and
4.3 Carrey Latumbo Bien, 34 years of age legitimate daughter of the

deceased spouses and with residence address at Rawis, Legazpi City.
5. Petitioner has no idea whether the Deceased Spouses executed and left their
respective wills.
6. To the best of the petioner’s knowledge, the deaceased spouses left an estate
consisting of several bank accounts and other personal effects and belongings with
a probable gross value at least Five Million Pesos (Php 5,000,000.00).
7. Since the petitioner and eldest sister, A got married on February 14, 2016
and March 13,2008 respectively, they left the deceased spouses under the care of
petitioner’s only brother Hernesto Dimaano Latumbo, Jr., although petitioner and
her sister would regularly visit the deceased spouses. Considering that Hernesto
Dimaano Latumbo, Jr. was the constant companion of the deceased spouses prior
to their death, they entrusted to him the possession of all documents evidencing
ownership of severak bank accounts and other personal effects and belongings.
Prior to their death:
7.1 In several occassions, the deceased spouses would tell petitioner that
they have peso and dollar savings/checking and time deposits accounts with
the following banks:
Banco De Oro Philippines

Land Bank of the Philippines
Development Bank of the Philippines
Bank of the Philippine Islands
and that they entrusted to Hernesto Dimaano Latumbo, Jr. their vault
containing the passbooks and time deposit certificates evidencing such
accounts, and other personal effects for safekeeping, with a directive to
divide and partition the same equally among their three children when they
pass away;
7.2 In several occassions,Petitioner’s deceased father Hernesto Natividad
Latumbo, would tell petitioner that Hernesto Dimaano Latumbo, Jr. his
Rolex watches for his occassional use and safekeeping.
7.3 On several occassion, the deceased spouses would remind petitioner

and his siblings that the collection of valued paintings was not supposed to
be disposed of unless all of them agreed.
8. To date, Hernesto Dimaano Latumbo, Jr. has not accounted, liquidated,

settled and partitioned the estate of the deceased spouses. Hernesto Dimaano
Latumbo, Jr. has not even informed his siblings about the details respecting the sais
estate.
9. Petitioner is not aware of any debt or obligation of the deceased spouses.
10. In order to protect the integrity of the estate of the deceased spouses, to
recover properties, to settle the obligation of the estate, if any, and to preserve the
estate of the Deceased Spouses until its distribution to the rightful heirs, there is an
urgent need to appoint and administrator of the said estate.
11. Petitioner respectfully offers herself to be appointed as the regular

administratrix of the estate of the Deceased Spouses under Rule 78 of the Rules of
Court. Petitioner id qualified, competent and willing to be appointed as regular
adminitratrix of the intestate of the Deceased Spouses because she posesses all the
qualification and none of the disqualification.
11.1 Petitioner is of legal age.
11.2 Petitioner is a resident of the Philippines.
11.3 Petitioner has not been charged or convicted of any crime or offense
involving moral turpitude.
11.4 Petitioner is competent, fit and able to faithfully discharge the duties
of an administratrix.
11.5 Petioner is also willing and able to give a bond in such sum and under
such conditions as the Honorable Court may fix and impose.
12. Pending issuance of letters of administration, petitioner also respectfully
offers herself to be appointed as the special administratrix of the estate of the
deceased spouses under Rule 80 of the Rules of Court so that there is someone to
attend to the immdiate concerns involving the estate, such as the filing of the estate
tax return and the payment of the applicable estate tax due with the Bureau of
Internal Revenue to avoid accrual of surcharges, interest and penalties as well as to
avoid dissipation, wastage and loss of the assets of the estate. For this purpose,
petitioner is also ready, willing and able to post a bond in such amount as the
Honorable Court may direct.
WHEREFORE, premises considered, it is resoectfully prayed that the

Honorable Court render judgement as follows:
1. Immediately upon filing of the instant petition, an Order be issued

Appointing petitioner as special adminitratrix of the estate of the deceased spoises
until the issuance of permanent letters of administration, and directing
(i) The following banks and their successors-in-interest, namely : Banco

De Oro Philippines, Land Bank of the Philippines, Development Bank of
the Philippines and Bank of the Philippine Islands to disclose all necessary
information regarding the accounts maintained by the deceased spouses,
whether joint or individual with them, to provide accounting and supporting
documents relative to the said accounts, and to immediately freeze aforesaid
accounts to prevent their dissipation, wastage and loss;
(ii) For Hernesto Dimaano Latumbo, Jr. to submit an inventory of any and
all the properties left by the deceased spouses in his posession, and to make
an accounting and liquidation of the same, and to turn over the same to the
special adminitratrix;
(iii) For Hernesto Dimaano Latumbo, Jr. to surrennder the value

mentioned in 7.1 with all its contents to the custody of the special
administratrix; and
(iv) For Hernesto Dimaano Latumbo, Jr. to immediately surrender

possession of any and all of the properties left by the deceased spouses to
petitioner as may be directed by the Honorable Court.
2. After due notice and hearing, Letters of Administration be issued in favor of
herein petitioner for the administration, settlement and partition of the esate of the
Deceased Spouses.
Petitioner prays for such further or other relief as may be deemed just and
equitable under the premises.
April 15,2020. Legazpi City.
JAIME Q. MANANSALA
Roll No. 40123
PTR No. 4332134 1/14/2021
IBP No. 790130 1/8/2021
MCLE Compliance V-0009269-02/28/20
No.222 Tan Executive Suites, Tan Building, Rawis, Legazpi City, 4500
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SAMPLE FORM PETiTION For Letters of Administartion

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SAMPLE FORM: ISSUANCE OF LETTERS OF ADMINISTRATION

Republic of the Philippines

CARREY LATUMBO BIEN

PETITIONER, by counsel and to his Honorable Court, respectfully states:

1. Petitioner is a Filipino citizen, of legal age, married to Rey Dy Bien, and a

4.3 Carrey Latumbo Bien, 34 years of age legitimate daughter of the

Banco De Oro Philippines

7.3 On several occassion, the deceased spouses would remind petitioner

8. To date, Hernesto Dimaano Latumbo, Jr. has not accounted, liquidated,

9. Petitioner is not aware of any debt or obligation of the deceased spouses.

11. Petitioner respectfully offers herself to be appointed as the regular

11.1 Petitioner is of legal age.

11.2 Petitioner is a resident of the Philippines.

WHEREFORE, premises considered, it is resoectfully prayed that the

1. Immediately upon filing of the instant petition, an Order be issued

(i) The following banks and their successors-in-interest, namely : Banco

(iii) For Hernesto Dimaano Latumbo, Jr. to surrennder the value

(iv) For Hernesto Dimaano Latumbo, Jr. to immediately surrender

April 15,2020. Legazpi City.

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