Ancheta vs. Guersey-Dalaygon, GR No.

139868 June 8, 2006

Facts:
Spouses Audrey ONeil and W. Richard Guersey were American citizens
with an adopted daughter named Kylie Guersey Hill. They have resided in
the Philippines for thirty (30) years.
Audrey died leaving a will bequeathing her entire estate to Richard, who
was also designated as executor. The will was admitted probate before the
Orphans Court of Baltimore, Maryland, U.S.A. which named James N.
Philips as executor due to Richards renunciation of his appointment. Atty.
Alonzo Q. Ancheta, herein petitioner, of the Quasha Asperilla Ancheta
Penal & Nolasco Law Offices was likewise designated by the court as
anciliary administrator.
In 1981, Richard married herein respondent Candelaria Guersey-Dalaygon
with whom he has two children. Subsequently, Audreys will was admitted
probate by then Court of First Instance of Rizal. As administrator of
Audreys estate in the Philippines, petitioner filed an inventory and
appraisal of Audreys properties.
On July 20, 1984, Richard died, leaving a will where he bequeathed his
entire estate to respondent, save for his rights and interests over the A/G
Interiors, Inc. shares, which he left to Kyle. The will was also admitted to
probate by the Orphans Court of Ann Arundel, Maryland, U.S.A., and
James N. Phillips was likewise appointed as executor, who in turn,
designated Atty. William Quasha or any member of the Quasha Asperilla
Ancheta Pena & Nolasco Law Offices, as ancilliary administrator.
On October 19, 1987, petitioner filed in Special Proceeding No. 9625
before the Makati Regional Trial Court, a motion to declare Richard and
Kylie as heirs of Audrey and apportioned to them and of all the estate,
respectively. This motion and project of partition was granted and approved
by the trial court in its Order dated February 12, 1988. This was opposed
by respondent on the ground that under the law of the State of Maryland,
a legacy passes to the legatee the entire interest of the testator in the
property subject of the legacy. Respondent argued that since Audrey
devised her entire estate to Richard, then it should be wholly adjudicated
to him and not merely thereof, and since Richard left his entire estate to
the respondent, except for the A/G Interior Inc. shares, then the entire
property should now pertain to the respondent. The Court of Appeals
annulled the trial courts Orders in Special Proceeding No. 9625 and later

denied the appeal of the petitioner, thus the petition for review on certiorari.
Issue:
Whether or not the properties in issue should be governed by the law
where the property is situated
Ruling:
Yes, properties in issue should be governed by the law where the property
is situated. However, since the first wife is a foreign national, the intrinsic
validity of her will is governed by her national law. The national law of the
person who made the will shall regulate whose succession is in
consideration whatever the nature of the property and regardless of the
country where the property maybe found (Art 16 CC). The first wife's
properties may be found in the Philipppines, however the successional
rights over those properties are governed by the national law of the
testator.