IN THE MATTER OF ISSUANCE OF LETTERS TESTAMENTARY and SETTLEMENT OF TESTATE ESTATE OF WALTER SCHWEIZER, EUFRECIO Q. QUITEVIS,
>> Saturday, May 13, 2023
Republic of the Philippines
REGIONAL TRIAL COURT
FIRST JUDICIAL REGION
BRANCH 5
Baguio City
FIRST JUDICIAL REGION
BRANCH 5
Baguio City
SPECIAL PROCEEDING
CASE NO. 3064-R
IN THE MATTER OF ISSUANCE OF LETTERS TESTAMENTARY and SETTLEMENT OF TESTATE ESTATE OF WALTER SCHWEIZER,
EUFRECIO Q. QUITEVIS,
Petitioner,
NOTICE OF HEARING
NOTICE OF HEARING
Petitioner, through counsel, filed a verified Petition praying that this Court, after posting, notice, publication and hearing, issue an Order granting the petition for the issuance of Letters Testamentary to Miguel B. Liceralde, the executor named in the Will; after due proceedings and notice, the estate be inventoried, debts/claims, if any, be settled, and estate be distributed in accordance with the Will, and any reside be disposed in accordance with law; and other reliefs, just and equitable, are prayed for.
In support of his prayer, petitioner alleged the following:
1. Petitioner EUFRECIO Q. QUITEVIS, is 53 years of age, single, and a resident of Camanggaan, Vigan City, Ilocos Sur, Philippines.
2. On February 25, 2014, Walter Schweizer, a Swiss national, and a permanent resident of 427/428 EGI Albergo di Ferroca, Baguio City, Philippines, filed a petition for probate of his Will under Special Proceeding Case No. 2326-R before Branch 5 of the Regional Trial Court of Baguio.
3. In its Decision dated December 23, 2014, after due notice and hearing, Branch 5 of the Regional Trial Court of Baguio, approved the Will of Walter Schweizer, and the decision became final and executory on March 7, 2016.
4. Named in the \V111 as Executor is Miguel B. Liceralde, Sr., of legal age, married, Filipino, and a resident of 28 Lopez Jaena St., Trancoville, Baguio City, and holding office at the 2nd Floor of Puso ng Baguio Building, Session Road, Baguio City.
5. On 05 February 2023, testator Walter Schweizer died in Baguio City.
6. Walter Schweizer left no issue, or parents or spouse or a registered partner. He however named in his Will the following as heirs/devisees/legatees, to wit:
a. STEFAN KOCH, of legal age, a Swiss national and a resident of Dorf 2245, 9658 Wildhaus, Switzerland;
b. PETER ABDERHALDEN, of legal age, a Swiss national and a resident of Sandli, 9657 Unterwasser, Switzerland; and
c. EUFRECIO Q. QUITEVIS, of legal age, Filipino, and a resident of Camanggaan, Vigan City, Ilocos Sur, Philippines.
7. Under the Will that was duly probated before Branch 5 of the Honorable Court, the decedent Walter Schweizer made the following dispositions:
a. STEFAN KOCH -Apartment and garage, Lot Nos. 10400 and 10408 located at Riethalen 1818, 9658 Wildhaus, Switzerland, including their contents (paragraph 4 of the will);
b. STEFAN KOCH and PETER ABDERHALDEN (to be divided between them equally) – Balance of Account Nos. 41096.01 and 41096.07 with Raiffersenbank Obertoggenburg, 9658 Wildhaus, Switzerland (paragraph 5 of the Will); and
Balance of Account Nos. 00-721.324-07, 00-428.243-08 with Zuger Kantonalbank, 6300 Zug, Switzerland; and
c. EUFRECIO Q. QUITEVIS Balance of: BPI, Ermita, Manila Account Nos. 3285-5098-81 and 3283-5350-01 (paragraph 6 of the Will);
Union Bank of the Philippines Fixed Term Deposit approximately $50,000 (USD), including any accrued interest, held under lien to the Philippine Retirement Authority with office at Nevada Square, Baguio City (paragraph 6 c) of the will;
Banco de Oro, Session Road, Baguio City Account No. 790351153 (paragraph 6 b) of the will;
All other investments or fixed term deposits located in the Philippines, if any (paragraph 6 of the will); and
Condominium units located at EGI Albergo De Feroca, Baguio City covered by Condominium Certificate of Title Nos. 0182010000179 and 018-2010000165 issued by the Register of Deeds of Baguio City (paragraph 6 c) of the will);
8. The dispositions in the Will follow his national law, Swiss Civil Code, more specifically under Articles, to wit:
a. Art. 470.
“A person who is survived by issue, parents, a spouse or a registered partner may make a testamentary disposition of that part of his or her property which exceeds the statutory entitlement of the survivor or survivors.
A person who is not survived by any such heirs may dispose of his or her entire property by testamentary disposition.”
b. Art. 481.
“Within the limits of his or her right to dispose of his or her property, the testator may dispose of it in part or in full by will or by contract of succession.
Any property in respect of which no testamentary disposition has been made passes to the statutory heirs”
c. Art. 498.
“The testator may make his or her will in the form of a public deed or in holographic or oral form.”
d. Art. 505
“As holographic will must be written in the testator’s own hand from start to finish, include an indication of the day, month and year on which it is drawn up, and be signed by the testator.
The cantons must ensure that such wills can be forwarded, whether open or sealed, to an authority for safekeeping.”
e. Art. 517.
“In the will, the testator may appoint one or more persons with capacity to act to execute the will. Xxx
They are entitled to adequate recompense for their activities.”
9. To the knowledge of the petitioner, the decedent left no debts.
10. The probable gross estate, real and personal is estimated at Php 8,000,000.00. Because of the bank secrecy laws, the amounts of bank deposits cannot be ascertained at the time of the filing of this petition. Hence, petitioner undertakes to make proper adjustment payments in the docket fees should any deficiency be determined later.
11. Witnesses for the petition are:
a. Petitioner, Eufrecio Quitevis, will testify as to his personal circumstances; he knows personally the late Walter Schweizer; the fact of death of Walter Schweizer; That as far known to him, Walter Schweizer left no debts and has no surviving forced or compulsory heirs; His Judicial Affidavit is attached to this petition.
b. Miguel B. Liceralde who will testify that he is privy to the Will of Walter Schweizer as he was designated as Executor; That the Will was submitted, duly probated and allowed by Branch 5 of the Regional Trial Court of Baguio through a Decision dated December 23, 2014 which became final and executory on March 7, 2016; That in the Will, Walter Schweizer left in favor of Eufrecio Quitevis the properties located in the Philippines, while leaving in favor of his godson, Stefan Koch, and Peter Abderhalden the properties in Switzerland; That the contents and dispositions of the Will are in accordance with the Swiss Law, the national law of Walter Schweizer; That he is willing and accepting the designation as Executor of the Will of Walter Schweizer. His Judicial Affidavit is attached to this petition.
12. The documentary exhibits are as follows:
a. Exhibit “A” — Will
b. Exhibit “B” – Decision
Exhibit “B-1 “ — Certificate of Finality
c. Exhibit “C” — Swiss Passport No. XOM66Q69 of Walter Schweizer
d. Exhibit “D” — Death Certificate
e. Exhibit “E” — Authenticated copy of the official translation of Articles 457 to 597 of the Swiss Civil Code
NOW, THEREFORE, finding the Petition to be sufficient in form and substance, let the same be set for hearing before this Court, at its Session Hall, on July 21, 2023, at 11:30 o’clock in the morning, at which place, date and time, the petitioner shall prove the merits of their petition and any interested person may appear and show cause, if there be any, why the same should not be granted.
Let a copy of this Order be published, at the expense of the petitioner, once a week for three (3) consecutive weeks in a newspaper of national circulation.
Let copies hereof be served upon the Office of the Solicitor General, Makati City, the City Prosecutor of Baguio, the Bureau of Internal Revenue, Baguio City, the petitioner, through counsel. Also, furnish copies of this notice to the Office of the Clerk of Court for publication. Further, I.-It copies hereof be posted at the Bulletin Board of this Court, the City Hall, the City Market, and the Post Office all of the City of Baguio.
WITNESS THE HONORABLE MARIA LIGAYA V. ITLIONG-RIVERA, Presiding Judge of this Court, this 27th day of April 2023 at Baguio City, Philippines.
In support of his prayer, petitioner alleged the following:
1. Petitioner EUFRECIO Q. QUITEVIS, is 53 years of age, single, and a resident of Camanggaan, Vigan City, Ilocos Sur, Philippines.
2. On February 25, 2014, Walter Schweizer, a Swiss national, and a permanent resident of 427/428 EGI Albergo di Ferroca, Baguio City, Philippines, filed a petition for probate of his Will under Special Proceeding Case No. 2326-R before Branch 5 of the Regional Trial Court of Baguio.
3. In its Decision dated December 23, 2014, after due notice and hearing, Branch 5 of the Regional Trial Court of Baguio, approved the Will of Walter Schweizer, and the decision became final and executory on March 7, 2016.
4. Named in the \V111 as Executor is Miguel B. Liceralde, Sr., of legal age, married, Filipino, and a resident of 28 Lopez Jaena St., Trancoville, Baguio City, and holding office at the 2nd Floor of Puso ng Baguio Building, Session Road, Baguio City.
5. On 05 February 2023, testator Walter Schweizer died in Baguio City.
6. Walter Schweizer left no issue, or parents or spouse or a registered partner. He however named in his Will the following as heirs/devisees/legatees, to wit:
a. STEFAN KOCH, of legal age, a Swiss national and a resident of Dorf 2245, 9658 Wildhaus, Switzerland;
b. PETER ABDERHALDEN, of legal age, a Swiss national and a resident of Sandli, 9657 Unterwasser, Switzerland; and
c. EUFRECIO Q. QUITEVIS, of legal age, Filipino, and a resident of Camanggaan, Vigan City, Ilocos Sur, Philippines.
7. Under the Will that was duly probated before Branch 5 of the Honorable Court, the decedent Walter Schweizer made the following dispositions:
a. STEFAN KOCH -Apartment and garage, Lot Nos. 10400 and 10408 located at Riethalen 1818, 9658 Wildhaus, Switzerland, including their contents (paragraph 4 of the will);
b. STEFAN KOCH and PETER ABDERHALDEN (to be divided between them equally) – Balance of Account Nos. 41096.01 and 41096.07 with Raiffersenbank Obertoggenburg, 9658 Wildhaus, Switzerland (paragraph 5 of the Will); and
Balance of Account Nos. 00-721.324-07, 00-428.243-08 with Zuger Kantonalbank, 6300 Zug, Switzerland; and
c. EUFRECIO Q. QUITEVIS Balance of: BPI, Ermita, Manila Account Nos. 3285-5098-81 and 3283-5350-01 (paragraph 6 of the Will);
Union Bank of the Philippines Fixed Term Deposit approximately $50,000 (USD), including any accrued interest, held under lien to the Philippine Retirement Authority with office at Nevada Square, Baguio City (paragraph 6 c) of the will;
Banco de Oro, Session Road, Baguio City Account No. 790351153 (paragraph 6 b) of the will;
All other investments or fixed term deposits located in the Philippines, if any (paragraph 6 of the will); and
Condominium units located at EGI Albergo De Feroca, Baguio City covered by Condominium Certificate of Title Nos. 0182010000179 and 018-2010000165 issued by the Register of Deeds of Baguio City (paragraph 6 c) of the will);
8. The dispositions in the Will follow his national law, Swiss Civil Code, more specifically under Articles, to wit:
a. Art. 470.
“A person who is survived by issue, parents, a spouse or a registered partner may make a testamentary disposition of that part of his or her property which exceeds the statutory entitlement of the survivor or survivors.
A person who is not survived by any such heirs may dispose of his or her entire property by testamentary disposition.”
b. Art. 481.
“Within the limits of his or her right to dispose of his or her property, the testator may dispose of it in part or in full by will or by contract of succession.
Any property in respect of which no testamentary disposition has been made passes to the statutory heirs”
c. Art. 498.
“The testator may make his or her will in the form of a public deed or in holographic or oral form.”
d. Art. 505
“As holographic will must be written in the testator’s own hand from start to finish, include an indication of the day, month and year on which it is drawn up, and be signed by the testator.
The cantons must ensure that such wills can be forwarded, whether open or sealed, to an authority for safekeeping.”
e. Art. 517.
“In the will, the testator may appoint one or more persons with capacity to act to execute the will. Xxx
They are entitled to adequate recompense for their activities.”
9. To the knowledge of the petitioner, the decedent left no debts.
10. The probable gross estate, real and personal is estimated at Php 8,000,000.00. Because of the bank secrecy laws, the amounts of bank deposits cannot be ascertained at the time of the filing of this petition. Hence, petitioner undertakes to make proper adjustment payments in the docket fees should any deficiency be determined later.
11. Witnesses for the petition are:
a. Petitioner, Eufrecio Quitevis, will testify as to his personal circumstances; he knows personally the late Walter Schweizer; the fact of death of Walter Schweizer; That as far known to him, Walter Schweizer left no debts and has no surviving forced or compulsory heirs; His Judicial Affidavit is attached to this petition.
b. Miguel B. Liceralde who will testify that he is privy to the Will of Walter Schweizer as he was designated as Executor; That the Will was submitted, duly probated and allowed by Branch 5 of the Regional Trial Court of Baguio through a Decision dated December 23, 2014 which became final and executory on March 7, 2016; That in the Will, Walter Schweizer left in favor of Eufrecio Quitevis the properties located in the Philippines, while leaving in favor of his godson, Stefan Koch, and Peter Abderhalden the properties in Switzerland; That the contents and dispositions of the Will are in accordance with the Swiss Law, the national law of Walter Schweizer; That he is willing and accepting the designation as Executor of the Will of Walter Schweizer. His Judicial Affidavit is attached to this petition.
12. The documentary exhibits are as follows:
a. Exhibit “A” — Will
b. Exhibit “B” – Decision
Exhibit “B-1 “ — Certificate of Finality
c. Exhibit “C” — Swiss Passport No. XOM66Q69 of Walter Schweizer
d. Exhibit “D” — Death Certificate
e. Exhibit “E” — Authenticated copy of the official translation of Articles 457 to 597 of the Swiss Civil Code
NOW, THEREFORE, finding the Petition to be sufficient in form and substance, let the same be set for hearing before this Court, at its Session Hall, on July 21, 2023, at 11:30 o’clock in the morning, at which place, date and time, the petitioner shall prove the merits of their petition and any interested person may appear and show cause, if there be any, why the same should not be granted.
Let a copy of this Order be published, at the expense of the petitioner, once a week for three (3) consecutive weeks in a newspaper of national circulation.
Let copies hereof be served upon the Office of the Solicitor General, Makati City, the City Prosecutor of Baguio, the Bureau of Internal Revenue, Baguio City, the petitioner, through counsel. Also, furnish copies of this notice to the Office of the Clerk of Court for publication. Further, I.-It copies hereof be posted at the Bulletin Board of this Court, the City Hall, the City Market, and the Post Office all of the City of Baguio.
WITNESS THE HONORABLE MARIA LIGAYA V. ITLIONG-RIVERA, Presiding Judge of this Court, this 27th day of April 2023 at Baguio City, Philippines.
ATTY. ALEJANDRO EPIFANIO D. GUERRERO
Date of Publication: May 7, May 14, May 21
Date of Publication: May 7, May 14, May 21
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