REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

SIXTH JUDICAL REGION
ILOILO CITY
BRANCH 30

IN THE MATTER OF THE

PETITION TO APPROVE
THE WILL OF
JUAN B. ANTONIO SR., S.P. NO. 1234
FOR: PROBATE OF WILL

JUAN A. ANTONIO JR.,

Petitioner.
x----------------------------------------x

MOTION FOR LEAVE OF COURT TO SELL REAL PROPERTY

UNDER ADMINISTRATION

COMES NOW, the undersigned counsel for the casministrator and

unto this Honorable Court, most respectfully avers:

1. That MA. ANNIE B. MUYCO , a Filipino citizen, of legal age and a

resident of Lopez, Jaena St., Jaro, Iloilo City was appointed by this
Honorable Court to administer the estate of JUAN B. ANTONIO SR.
on December 10, 2014;

2. That as such administratrix with a will annexed, she has the obligation
to pay the debts of the said estate;

3. That the testator has made a provision on his will that he owes a loan
of Three Hundred Thousand (Php 300,000.00) to Cassie J.
Constantino and that such loan must be paid first before all other
claims;

4. That the amount recovered from the sale of the personal properties left
by the deceased is not enough to pay such loan;

5. That deceased left 10,000 sq meter parcel of land covered by TCT

No.09-783626 located at Brgy. Buntatala, Jaro, Iloilo City;

6. That the sale of said real property is necessary to pay the above-
mentioned loan and would redound to the benefit of the participants
for the estate;
 7. That movant hereby files this motion unto this Honorable Court in
compliance with Rule 88 of the Rules of Court governing the payment
of debts of the estate of a deceased person.

APPLICATION AND NOTICE TO THE LEGATEES, HEIRS

AND DEVISEES

In view of the section 2 of Rule 89 the Administratrix,

filed an application for the issuance of a court order, authorizing
her to sell the above-mentioned parcel of land;

Furthermore, a notice of the said petition was sent to the

legatees, heirs and devisees as shown in the case of THE ESTATE OF
LUIS GAMBOA CARPIZO, deceased, plaintiff-appellee, vs. ROBERTO
FLORANZA, G.R. No. L-4069 December 5, 1908, to wit:

That section requires the administrator to present a petition asking

for the sale of the real estate. It also distinctly provides that, when
such petition is made, the court shall appoint a time and place for
hearing it and shall require notice of the petition and of the time and
place of such hearing to be given in a newspaper of general
circulation, and that the court may order such further notice given as it
deems proper.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed to

this Honorable Court that a leave of court to sell the above-mentioned real
property under administration be granted to Ma. Annie B. Muyco, the
administratrix of the estate of Juan B. Antonio Sr.

Iloilo City, Philippines, January 10, 2015.

ATTY. LAURENCE SUSAN P. ORTIZ

Counsel for the Administrator
Commission Serial. No. 1989
Valid until December 31, 2015
Ortiz, Law Office, Jaena St., Jaro, Iloilo City
Roll of Attorney No. 44661
PTR No. 22334, Iloilo City, January 17, 2014
IBP No. 44556, Iloilo City, January 10, 2014
MCLE Compliance No. VI-010489
THE CLERK OF COURT
Regional Trial Court, Branch 30
Sixth Judicial Region
Iloilo City

Greetings:

Kindly submit the foregoing Motion for leave of court to sell real
property under the administration of Ma. Annie B. Muyco, administrator of
the the estate of Juan B. Antonio Sr., to the honorable Presiding Judge
immediately upon receipt hereof for the resolution of the same, sans oral
argument.

ATTY. LAURENCE SUSAN P. ORTIZ

Counsel for the Petitioner
Commission Serial. No. 1989
Valid until December 31, 2015
Ortiz Law Office, Jaena St., Jaro, Iloilo City
Roll of Attorney No. 44661
PTR No. 22334, Iloilo City, January 17, 2014
IBP No. 44556, Iloilo City, January 10, 2014
MCLE Compliance No. VI-010489

Copy furnished through personal service:

ATTY. DAVE ROBERT CAPADA

Counsel for the heirs of Juan B. Antonio Sr.
Gerochi Law Office, Jereos St., La Paz, Iloilo City

Received by: Date: