Petition for declaration of absence

May 4, 2018 | Author: Mich Angeles | Category: Mortgage Law, Property Law, Property, Government, Politics
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Republic of the Philippines Regional Trial Court Cabanatuan City Nueva Ecija

In the Matter of:

Declaration of Absence of  Monchito G. Sequestro, spouse of the petitioner Silvia M. Sequestro and appointment of Marco S. Tudoc as representative of the absentee in the administration of the absentee’s property

PETITION COMES NOW the Petitioner, by the undersigned attorney, and unto this Honorable

Court, respectfully avers: 1. That petitioner Silvia M. Sequestro is of legal age, married and a resident of #63 Pandan St., Aduas Sur, Cabanatuan City, Nueva Ecija, Philippines, stating that her spouse/husband Monchito G. Sequestro disappeared and has been missing without any news or information of his whereabouts for almost 3 (three) years after he went on a trip to Bongabon, Nueva Ecija for an official business and without any executor or administrator in charge in the administration of the estate of the said absentee. 2. With respect to the stated facts above, the petitioner hereby request to this Honorable Court that in the absence of Monchito G. Sequestro for almost 3 (three) years, the latter  be declared as absent for the purpose of administering the latter’s property. 3. That Marco S. Tudoc, the brother of the absentee is nominated by the petitioner to act as the agent of the absentee and who in turn accepts the responsibility for the purpose of  administering the latter’s latter’s property.

4. The following is the list of the properties left by the absentee: *Real Property - Title No. TCT - 1022548, 756 Sq.m., located at #63 Pandan St., Aduas Sur, Cabanatuan City, with Fair Market Value of P 1,500,000.00 as per zonal valuation. *House Description: Two storey home (white and maroon in color) with 8 rooms including an entertainment room, 2 bathrooms, 1 master bedroom, 1 guest room and 3 personal bedrooms. *Personal Properties consisting of: a.) Jewelries amounting to P 45,000.00 b.) Toyota Corolla (vehicle) with plate no. CGJ 8956 and Engine no. GHTDX 15635134786 with probable value of P 180,000.00 c.) Samsung LED Smart T.V. 42” with probable value of 28,000.00 d.) i-Phone 5 with probable value of 30,000.00 e.) LG Refrigerator (Silver) with probable value of 12,000.00 f.) Yamaha Sniper Motorcycle 135cc with plate no. HM 8156 with market value of  P45,000.00 g.) Whirlpool Washing Machine (White and Blue color) amounting to P7,500.00 h.) Leather Sala Set with Classic Glass Center Table with probable amount of P12,000.00 5. The said real property of the absentee with Title No. TCT - 1022548 is annotated with Real Estate Mortgage in the Registry of Deeds Cabanatuan City under the name of  Ompagio H. Lumundo, as the mortgagee of the absentee for the loan contracted on the former on the amount of P 450,000.00 with interest of 0.053% on every quarter.

VERIFICATION AND CERTIFICATION

REPUBLIC OF THE PHILIPPINES) Province of Nueva Ecija ) S.S. City of Cabanatuan ) x-----------------------x I, Silvia M. Sequestro, of legal age, Filipino, Married, and a resident of #63 Pandan St., Aduas Sur, Cabanatuan City, Philippines, after being sworn in accordance with law, hereby depose and say: That I am the Petitioner in the above-entitled case; That I have caused the preparation of  the above Petition and I have read the same and knows the contents thereof; That the allegations contained therein are true and correct of my own personal knowledge. That I further certify that: (a) I have not theretofore commenced any other action or proceeding or filed any claim involving the same issues or matter in any court, tribunal, or quasi judicial agency and, to the best of my knowledge, no such action or proceeding is pending therein; (c) if I should thereafter learn that the same or similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or quasi-judicial agency, I undertake to report such fact within five (5) days therefrom to the court or agency wherein the original pleading and sworn certification contemplated herein have been filed. IN WITNESS WHEREOF, I have hereunto set my hand this 24 Cabanatuan City, Philippines.

th

day of July, 2012 at

AFFIANT th

SUBSCRIBED AND SWORN to before me, this 28 day of July, 2012, by Silvia M. Sequestro who exhibited to me her Postal Identification Card No. 6954152 issued at Cabanatuan City, Philippines on August 12, 2010.

Merlin V. Parungao NOTARY PUBLIC Until Dec, 28 2012

Doc. No. 163; Page No. 38; Book No. VII; Series of 2012

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