Cayetano v. Leonidas (1984) 8. Then, Hermogenes died substituted by his executrix, Polly.
Petitioners: Polly Cayetano
Respondents: Hon. Tomas Leonidas - CFI Judge, Nenita Paguia
DOCTRINE:
It is a settled rule that as regards the intrinsic validity of the provisions of the
will, as provided for by Article 16(2) and 1039 of the Civil Code, the national
law of the decedent must apply.
FACTS:
1. Adoracion C. Campos died, leaving her father, petitioner Hermogenes
Campos and her sisters, private respondent Nenita C. Paguia, Remedios
C. Lopez and Marieta C. Medina as the surviving heirs.
2. As Hermogenes was the only compulsory heir, he executed an Affidavit
of Adjudication, adjudicating to himself the ownership of the entire estate
of the deceased Adoracion Campos.
3. 11 months after, Nenita C. Paguia filed a petition for the reprobate of a
will of the deceased, Adoracion, which was allegedly executed in the US
and for her appointment as administratrix of the estate of the Adoracion.
a. Nenita alleged that Adoracion (testatrix) was an American citizen at
the time of her death, temporarily living in Malate with her sister
when she died.
b. Her will was made according to laws of Pennsylvania which has
already been presented, probated, registered and allowed in
Registry of Wills at the County of Philadelphia
4. Hermogenes filed an opposition to the reprobate of the will alleging
among other things:
a. Forged will , void intrinsic provisions and that even if pertinent
American laws on intrinsic provisions are invoked, the same could
not apply inasmuch as they would work injustice and injury to him.
5. Later, however, Hermogenes, through his counsel, filed a Motion to
Dismiss Opposition (With Waiver of Rights or Interests), confirming the
validity of the will.
a. TC decision: allowed probate in Philippines, Nenita Pahuia as
administratrix
6. Subsequently, Hermogenes filed a petition for relief, claiming that the
withdrawal of his opposition was not authorized (not by his counsel)
a. Petitioner failed to appear during hearing
7. Hermogenes filed another motion entitled "Motion to Vacate and/or Set
Aside the Order of January 10, 1979, and/or dismiss the case for lack of
jurisdiction.
a. TC: dismissed; failed to present evidence to support it
ISSUE: WON the national law should apply as regards the intrinsic validity of
the provisions of the will. YES
PROVISION:
Art. 1039. Capacity to succeed is governed by the law of the nation of the
decedent.
RULING + RATIO:
1. As a general rule, the probate court's authority is limited only to the
extrinsic validity of the will, the due execution thereof, the testatrix's
testamentary capacity and the compliance with the requisites or
solemnities prescribed by law.
2. The intrinsic validity of the will normally comes only after the court has
declared that the will has been duly authenticated. However, where
practical considerations demand that the intrinsic validity of the will be
passed upon, even before it is probated, the court should meet the issue.
3. In the case at bar, the petitioner maintains that since the respondent
judge allowed the reprobate of Adoracion's will, Hermogenes C. Campos
was divested of his legitime which was reserved by the law for him. This
contention is without merit.
4. Although on its face, the will appeared to have preterited her Father and
thus, the respondent judge should have denied its reprobate outright, the
private respondents have sufficiently established that Adoracion was, at
the time of her death, an American citizen and a permanent resident of
Philadelphia, Pennsylvania, U.S.A.
5. Therefore, under Article 16 par. (2) and 1039 of the Civil Code, the law
which governs Adoracion Campo's will is the law of Pennsylvania,
U.S.A., which is the national law of the decedent. Although the parties
admit that the Pennsylvania law does not provide for legitimes and that
all the estate may be given away by the testatrix to a complete stranger,
the petitioner argues that such law should not apply because it would be
contrary to the sound and established public policy and would run
counter to the specific provisions of Philippine Law.
6. It is a settled rule that as regards the intrinsic validity of the provisions of
the will, as provided for by Article 16(2) and 1039 of the Civil Code, the
national law of the decedent must apply.
DISPOSITION: WHEREFORE, the petition for certiorari and prohibition is
hereby dismissed for lack of merit.