Republic of the Philippines

Seventh Judicial Region

Regional Trial Court
Branch 83 Mandaue City

IN THE MATTER OF THE

PETITION FOR SETTLEMENT
OF ESTATE OF THE LATE
BENJAMIN DE LOS REYES
AND FOR ISSUANCE OF
LETTERS ADMINISTRATION

DELICIOSADE LOS REYES

ALINSUG,
Petitioner, S.P. Case No. 3269
x-----------------------------------------x

OPPOSITION
(TO THE MOTION TO EXPUNGE)
UNDERSIGNED COUNSEL, FOR HIMSELF, and as
Counsel of DR. JERRY S. ALINSUG, unto this Honorable
Court, respectfully avers that:

1. In a Motion to Expunge dated May 18, 2018,

Petitioner seeks to expunge the Entry of Appearance with
Manifestation and Motion filed by the Oppositors dated May 7,
2018, on the grounds, among others, that a. it was filed beyond
the fifteen days as ordered by this Honorable Court, b. it’s
allegations are sham and false subject to Rule 8 Section 12 of
the Rules of Court;

2. With all due respect, the Honorable Court in its

Order dated May 11, 2018, already NOTED the above-
mentioned pleading. Hence, at the outset, the instant motion is
moot and academic thereby must by denied outright;

3. Nevertheless, the Petitioners most respectfully

apologizes to the Honorable Court for the delay in the filing of
the written opposition considering the work load of the
undersigned as well as the fact that the undersigned is not a
resident of Cebu. In the interest of justice, undersigned counsel
begs the indulgence of this Honorable Court to not reverse the
Order dated May 11, 2018. The crux of the petition is whether
or not the Petitioner has all the qualifications and none of the
disqualifications to be appointed as the administrator over the
estate of the late Benjamin Alinsug. The delay in the filing of
the written opposition which was nonetheless already noted by
this Honorable Court does not in any way detract from the onus
on the part of the Petitioner to prove her fitness to be appointed
as the administrator;

4. Under Section 1, Rule 78 of the Rules of Court, it is

provided that

Section 1. Who are incompetent to serve as executors or

administrators. — No person in competent to serve as
executor or administrator who:

(a) Is a minor;

(b) Is not a resident of the Philippines; and

(c) Is in the opinion of the court unfit to execute the

duties of the trust by reason of drunkenness,
improvidence, or want of understanding or integrity,
or by reason of conviction of an offense involving
moral turpitude. [Emphasis supplied.]

5. Prescinding from the foregoing, oppositors is now

contesting the qualification of the Petitioner and stated thus:

i. She is not a resident of the Philippines

(Rule 78, Sec. 1[b]). Petitioner is a US citizen
who has lived in the US for more than thirty
years. She is just here to handle her legal
matters;

ii. Petitioner lacks integrity and has conflict

of interest (Rule 78, Sec. 1[c]). Petitioner
has unduly, immorally and illegally transferred
two properties of Benjamin to her name in
violation of the rights of the latter. For one
property, she filed a case in court knowing that
Benjamin was incompetent to handle his legal
affairs. For another property with an area of
 550 square meters and valued no less than
Five Million Pesos (P5,000,000.00), she
caused Benjamin to sign a deed of sale with a
consideration of only One Hundred Thousand
Pesos (P100,000.00) to the extreme prejudice
and damage of the latter. Both properties are
now unjustifiably under her name;

iii. Petitioner is disqualified for her psychiatric

incapacity or want of understanding (Rule
78, Sec. 1[b]). Petitioner by her various
actuations, such as but not limited to changing
addresses several times, having more than
ten lawyers to handle her cases, buying
properties then changing her mind after (ie
Guimaras, Liloan). Her actuations in court will
readily show her disqualification under this
rule. Nonetheless, Petitioner should undergo
psychiatric test to establish her qualification as
an administrator.

4. Petitioner then argues at length on the merits of the

above allegations in her Motion to Expunge. Suffice it
to state, it is premature to consider the substance of
such allegations at this point. Nevertheless, oppositors
at the opportune time will present supporting evidence
to buttress such allegations of fact.

PRAYER

WHEREFORE, premises considered, it is most

respectfully prayed that the Motion to Expunge dated May 18,
2018, be DENIED on the ground of being MOOT AND
ACADEMIC, among others.

Other just and equitable under the premises are likewise

prayed for.

Respectfully submitted.

Mandaue City, May 24, 2018.

 ATTY. HOMER S. ALINSUG
For himself and as Counsel of Dr. Alinsug
No. 691 JS Alinsug St.,
Basak, Mandaue City
IBP No. 883055, January 20, 2012, Cebu
PTR. No. 2197237, October 9, 2010, Baguio City
MCLE Compliance No. IV-0020756
IBP Roll No. 45421
Mobile No. 09231914582
Email: homer.alinsug@gmail.com

Copy served by registered mail:

Registry Receipt No. __________

Date and Place issued: _________, Mandaue City PO

The instant Entry of Appearance with Manifestation and Motion is being sent to the
complainant via registered mail due to distance and lack of messengerial personnel.

ATTY. HOMER S. ALINSUG