REPUBLIC OF THE PHILIPPINES

COURT OF APPEALS
MANILA

CORAZON GALLARDO,
Petitioner-Appellant.

C.A. G.R. CV- 106410

RTC BR. NO. 160, Pasig City
Lower Court Case No. SP PROC NO. 11472
RE: IN THE MATTER OF THE INTESTATE
-Versus- ESTATE OF EUFEMIA V. TORRELINO

FILOMENA TORRELINO,
Oppositor-Appellee
X -----------------------------------------X

APPELLANTS BRIEF

Petitioner-Appellant, by counsel, respectfully submits its Brief, and hereby

alleges:

STATEMENT OF THE CASE / MATERIAL DATES

1. On February 12, 2004 Corazon O. Gallardo filed a Petition for Issuance

of Letters of Administration and Settlement of Estate of Eufemia V. Torrelino with the
Regional Trial Court, Branch 160, Pasig City.

2. On January 27, 2015, after trial on the merits, the Regional Trial Court,
Branch 160, Pasig City, issued an order the dispositive portion of which to read as
follows:

WHEREFORE, premises considered, the petition is hereby

DISMISSED for being premature. No cost.

A copy of such Decision is hereto attached as Annex A and made integral part
hereof.

3. On July 3, 2015 Petitioner, through counsel, moved to reconsider the

Decision dated January 27, 2015 issued by this Honorable Court, Regional Trial
Court Branch 60, Pasig City (San Juan City Station) signed by the Honorable
MYRNA V. LIM Judge. A copy of such Motion for Reconsideration is hereto attached
as Annex B and made integral part hereof.

4. On October 16, 2015 the Honorable Court issued an Order denying the
Motion for Reconsideration for lack of merit. A copy of such Order is hereto attached
as Annex C and made integral part hereof.
 5. On May 13, 2016, undersigned counsel received a notice from this
Honorable Court requiring him to submit one (1) original copy and two (2) copies with
annexes of legible printed Appellants Brief within forty-five (45) days from receipt
thereof or until June 28, 2016 to file the same, however, in view of the complex legal
issues involved in connection with this case requiring certified records, there is a
need to extend the submission until August 13, 2016.

THE PARTIES

6. The Petitioner, Corazon O, Gallardo is a creditor of the late Eufemia V,

Torrelino, who died intestate on May 16, 2002 in San Juan City; Metro Manila; She
may be served with summons and other processes at 52 R. Lagmay Street, San
Juan City, Metro Manila.

7. The Oppositor Filimeno Torrelino is a lawful heir of the deceased

Eufemia Torrelino being a full blood brother; he may be served with summons and
other processes at N0. 26 G. Reyes Street, San Juan City, Metro Manila.

8. The Subject Matter of this petition is the purported undivided share of

decedent Eufemia V. Torrelino in a real property located in San Juan City, Metro
Manila with an area of one hundred eighty (180) square meters, covered by TCT No.
402563, in the name of parents, Agustin Torrelino and Candida Villaruz, who died on
9 March 1976 and 20 February 1993, respectively.

9. Petitioner is the creditor of the late EUFEMIA V. TORRELINO, who died

intestate on May 16, 2002 in San Juan, Metro-Manila, Philippines, A copy of her
Certificate of Death is hereto attached as Annex D and made integral part hereof.

10. Said Decedent left an estate in the form of undivided hereditary interest
in a real property located in San Juan, Metro-Manila, with an area of One Hundred
Eighty (180) Square Meters, Belonging to her parents Agustin Torrelino and Candida
Villaruz covered by TCT No. 402563. A copy of such TCT is hereto attached as
Annex E and made integral part hereof.

ISSUES

11. The only issue submitted for the resolution of this Appeal:

WHETHER OR NOT THE COURT A QUOS ACT ON DISMISSING

THE PETITION IS VALID WHEN IT FOUND THE SUBJECT
PETITION TO BE PREMATURE.

WHETHER OR NOT APPELLANT IS ENTITLED TO CLAIM FOR

ESTATE OF EUFEMIA V. TORRELINO.

ARGUMENT/DISCUSSION

2
 12. With all due respect to this Honorable Court, Petitioner reiterates the
allegation contained in its Petition and Motion for Reconsideration of the above-
mentioned decision for the grounds:

I. THE INACTION OF THE HEIRS OF THE LATE TORRELINO SPOUSES, AMONG

WHOM IS HEREIN OPPOSITOR, CANNOT AND MUST NOT PREJUDICED THE
RIGHTS AND INTERESTS OF HEREIN PETITIONER.

13. Based on the decision of the Honorable Court of Regional Trial Court
Branch 160 of Pasig City dated January 27, 2015, The Court finds that the Oppositor
did not question the existence of the subject real estate mortgage; in fact the
authenticity and due execution of the deed of real estate mortgage has been clearly
identified and proven by the petitioner, hence, the said deed of real estate mortgage
is thus presumed VALID.

14. Hence, the continued inaction of oppositor and his co-siblings and heirs
of the late Spouses Torrelino cannot and must not continuously prejudice the
right of herein petitioner who only gratuitously offered financial help to their sibling,
the late Eufemia Torrelino.

15. It was also acknowledge in the said decision that herein petitioner is not
expressly disqualified from being appointed as an administrator, On the other hand,
herein oppositor and his co-siblings has evidently neglected their duty to seek
appointment and process the settlement of estate of their parent and thus
continuously prejudicing the rights of petitioner. The RTC court of general jurisdiction
has jurisdiction to settle issues in the case and to settle once and for all the matters
from the Complaint. Thus, in the case of Ching vs. Hon. Rodriguez 1, the Court held
that RTC, in the exercise of its general jurisdiction, cannot be restrained from taking
cognizance of respondents Complaint and Amended Complaint as the issues raised
and the prayers indicated therein are matters which need not be threshed out in a
special proceeding.

16. The Petitioner-Appellant has been prejudiced and has been paid for
more than 10 years -- 14 years to be exact, hence in the substantial interest of
justice appeals to the kindness of the Honorable Court to reconsider the Decision
dated 27 January 2015.

PRAYER

WHEREFORE, premises considered, petitioner-appellant, thru counsel,

respectfully prays that the Decision dated 27 January 2015 be REVERSED AND
SET ASIDE and that the Honorable Court proceeded with the designation of herein
Petitioner as administrator of estate of EUFEMIA V. TORRELINO, to apportion,
divide, and award the above intestate estate among the lawful heirs of the deceased,
particularly that owing to herein petitioner.

1
Ramon S. Ching and Po Wing vs. Hon. Jansen R, Rodriguez, et.al, G.R. No. 192828, November 28, 2011.

3
 Other reliefs just and equitable under the premises are likewise prayed for.

RESPECTFULLY SUBMITTED.

City of San Jose Del Monte, Bulacan for the City of Manila, July 26, 2016.

A.G.A LAW OFFICE

San Ignacio St., Poblacion I
City of San Jose del Monte, Bulacan

By:

ANTONIO D. ANDRES JR.

Roll No. 59469
PTR No.1171095;01/06/2016; CSJDM, Bulacan
IBP No.1014090; 01/8/2016; Bulacan/
MCLE Compliance No. V-0021974/4-15-16

Copy furnished:

REGIONAL TRIAL COURT

Branch 160
Pasig City

ATTY. LYRA STELLA C. VALERA

No. 6 D, Vicencio St., Brgy. Sta. Lucia
1500 San Juan City

EXPLANATION

This is to respectfully explain that copy of the foregoing motion was served to
the Regional Trial Court and appellees counsel through registered mail with return
card due to time, distance and lack of personnel to effect personal service.

ANTONIO D. ANDRES JR.