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As to time
Article 16 (2). x x x
However, intestate and testamentary successions, both with
respect to the order of succession and to the amount of
successional rights and to the intrinsic validity of testamentary
provisions, shall be regulated by the national law of the person
whose succession is under consideration, whatever may be
the nature of the property and regardless of the country
wherein said property may be found.
Article 1039. Capacity to succeed is governed by the law of
the nation of the decedent.
ESTATE OF CHRISTENSEN
31 Jan 1963 | Labrador, J.
Petitioners: Aznar (Executor) and Lucy Christensen (heir)
Respondent-Oppositor: Helen Christensen Garcia
FACTS:
HELD: Yes.
In the present case, it is not disputed that the decedent was
both a national of Texas and a domicile thereof at the time of
his death. So that even assuming Texas has a conflict of law
rule providing that the domiciliary system (law of the domicile)
should govern, the same would not result in a reference back
(renvoi) to Philippine law, but would still refer to Texas law.
Nonetheless, if Texas has a conflicts rule adopting the situs
theory (lex rei sitae) calling for the application of the law of the
place where the properties are situated, renvoi would arise,
since the properties here involved are found in the Philippines.
In the absence, however, of proof as to the conflict of law rule
of Texas, it should not be presumed different from ours.
Appellants' position is therefore not rested on the doctrine of
renvoi. As stated, they never invoked nor even mentioned it in
their arguments. Rather, they argue that their case falls under
the circumstances mentioned in the third paragraph of Article
17 in relation to Article 16 of the Civil Code.
Appellants would also point out that the decedent executed two
wills one to govern his Texas estate and the other his
Philippine estate arguing from this that he intended
Philippine law to govern his Philippine estate.
Assuming that such was the decedent's intention in executing
a separate Philippine will, it would not alter the law, for as this
Court ruled in Miciano v. Brimo, 50 Phil. 867, 870, a provision
in a foreigner's will to the effect that his properties shall be
distributed in accordance with Philippine law and not with his
national law, is illegal and void, for his national law cannot be
ignored in regard to those matters that Article 10 now Article
16 of the Civil Code states said national law should govern.
The parties admit that the decedent, Amos G. Bellis, was a
citizen of the State of Texas, U.S.A., and that under the laws of
Texas, there are no forced heirs or legitimes. Accordingly, since
the intrinsic validity of the provision of the will and the amount
of successional rights are to be determined under Texas law,
the Philippine law on legitimes cannot be applied to the testacy
of Amos G. Bellis.
CAYETANO v. LEONIDES
30 May 1984 | Gutierrez
Petitioner: Polly Cayetano
Private Respondent: Nenita Campos Paguia
FACTS:
Decedent: Adoracion Campos
Surviving heirs:
o Father: Hermogenes - only compulsory heir
o Sisters: Nenita Paguia, Remedios Lopez and Marieta
Medina
Hermogenes
executed
an Affidavit
of
Adjudication whereby he adjudicated unto himself the
ownership of the entire estate of Adoracion
ISSUE:
WON the national law of the deceased should determine the
successional rights of the illegitimate children. (YES)
ISSUES/RATIO:
WON the intrinsic validity of the will can be passed upon
during probate of the will. YES.
GR: probate court's authority is limited only to:
the extrinsic validity of the will
due execution
testatrix's testamentary capacity
Compliance
with
the
requisites
or
solemnities prescribed by law
Exception: Where practical considerations demand intrinsic
validity to be passed upon
WON the will is valid even if the compulsory heir was deprived
of his legitime. YES.
It was sufficiently established that Adoracion was, at the
time of her death, an American citizen and a permanent
resident of Philadelphia, Pennsylvania, U.S.A.
Capacity to succeed is governed by the law of the
nation of the decedent: law of Pennsylvania, U.S.A.,
which is the national law of the decedent. [Article 16(2)
and 1039 of the Civil Code]
Pennsylvania law: no legitimes, testator could give away
entire estate to strangers!
WON the will (which completely deprived compulsory heir of
share) is against public policy? NO
-cited Bellis v. Bellis: whatever public policy or good customs
may be involved, Congress has not intended to extend the
same to the succession of foreign nationals.
Was Hermogenes Campos denied due process?
There was no denial of due process in this case. As regards
the alleged absence of notice of hearing for the petition for
relief, the records will bear that what was repeatedly scheduled
for hearing on separate dates was Hermogenes petition for
relief and not his motion to vacate order. There is no reason
why he was led to believe otherwise. The Court even
admonished Hermogenes for his failure to adduce evidence
when his petition for relief was repeatedly set for hearing.
There was no denial of due process.
D. Subjects of Succession
1.
Relationship
Capacity to Succeed
a.
Determination
e.
Prescription of Action