Motion For Amendment

Republic of the Philippines 5TH JUDICIAL REGION Regional Trial Court Branch 4 LEGAZPI CITY IN RE: PETITION FOR THE PROBATE OF THE LAST WILL AND TESTAMENT OF ADELAIDA RIVERA WITH PRAYER FOR THE ISSUANCE OF LETTERS TESTAMENTARY AND LETTERS OF ADMINISTRATION SP NO. A-08-092193

JOHN MARK R. GOMEZ, Oppositor. x---------------------------------------------------------x

MOTION FOR LEAVE OF COURT TO FILE AMENDED OPPOSITION OPPOSITOR, through undersigned counsel, by way of Motion for Leave to Amend Opposition, respectfully states that: 1. An Opposition was previously filed before this HONORABLE COURT in the case docketed as SP NO. A-08-092193; 2. In order to protect the rights and interest of herein OPPOSITOR, to better present a clear theory of the case, and to strengthen his factual and legal position, the latter respectfully prays that the OPPOSITION previously filed be amended to include the following grounds: 2.1. That oppositor JOHN MARK R. GOMEZ is an illegitimate child of ADELAIDA RIVERA, decedent; 2.2. That he was PRETERITED in the Last Will and Testament of ADELAIDA RIVERA, decedent; and 2.3. That there is a defect in the Attestation Clause filed by the petitioners. It appears that the alleged Last Will and Testament of ADELAIDA RIVERA consists of three (3) pages only contrary to what is indicated in the attestation clause which is (4) pages.

3. This Motion is not intended to delay this case but is being presented solely to serve the best interest of justice and fair play by improving the OPPOSITION TO THE PETITION on the probate of the Last Will and Testament of ADELAIDA RIVERA.

WHEREFORE, in the interest of justice and for the legal and factual reasons cited hereinabove, it is respectfully prayed before this HONORABLE COURT that the OPPOSITOR be allowed to file the Amended Opposition to the probate of the Last Will and Testament of ADELAIDA RIVERA. FURTHER, the Defendants respectfully pray for such and other reliefs as may be deemed just and equitable in the premises.

ATTY. KATRINA REYES Counsel For Oppositor Reyes Law Office Rm.202, Masagana Bldg Access Road, Legazpi City Appointment No. M-308 until December 31, 2019 IBP No. 989977, 1-23-190, Legazpi City PTR No. 10064532, 1-20-19, Legazpi City Roll of Attorney No. 020381 MCLE Comp. NO. IV-012, 1-20-19 Doc. No. 8; Page No. 2; Book No. 1; Series of 2019;

Copy Furnished: ATTY. DIANALYN SANTOS Counsel for Petitioner _______________________________ _______________________________

NOTICE OF HEARING The Honorable Branch Clerk of Court RTC Legazpi City, Branch 4 Greetings! Please take notice that the foregoing motion will be submitted by the undersigned counsels for the consideration and approval of the Honorable Court on Saturday, March, 30, 2019, at 10:00 a.m. or soon thereafter.

ATTY. KATRINA REYES

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