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DELA CRUZ
Here is the opinion you requested. The facts gathered from you are as
follows:
You and your husband, Mr. Jose dela Cruz are formerly Filipino citizens
who are now residing in Canada. You migrated from Philippines to Canada last
June 1980 together with your children Jose Jr., Carmel and Marie who were
minors in 1980. Your children automatically acquired Canadian citizenship
upon the grant of the State of Canada of Canadian Citizenship with you as
parents.
In 2013, your children, Jose Jr., Carmel and Marie, all filed a Judicial
Partition before the courts of Tarlac with you as defendant. They prayed that the
property be divided into four parts to comprise all the heirs pursuant to
Philippine laws.
ISSUE
The issue here is clear: whether or not your children have the right to Judicially
Partition the property situated in Tarlac.
ARGUMENTS/LEGAL BASES
Second, when your husband executed his Last and Will and Testament, he
made you as the sole heir and executor of all his properties whether situated in
Canada or in the Philippines. The time when your husband died, his will was
validly probated and approved by the courts in Canada.
The issue on whether or not your children can inherit from the estate of
your husband would depend on the law in Canada. The Supreme Court ruled in
the case of Maciano vs Brino, that the law that would govern the disposition of
the property of the decedent is the law of the State of which he is a national at
the time of his death.
Applying the same law and the case decided by the Supreme Court
mentioned above, the law that should govern the testamentary succession with
respect to your husbands estate is the law in Canada. Since the will was
probated and accepted in the courts in Canada, it follows that your designation
as the sole heir of his properties whether situated in Canada or in the Philippines
is perfectly valid.
Lastly, in order for you to validly acquire the land located in Tarlac and at the
same time prove that your children do not have the right to inherit said land, it is
incumbent upon you to prove the law in Canada pertaining to successional
rights of heirs, if any, and to reprobate the will here in the Philippines and
provide pieces of evidence to allow such will.
Wills proved and allowed in a foreign country, according to the laws of such
country, may be allowed, filed and recorded by the proper Municipal/Regional
Trial Court in the Philippines.
In the case of Justice Quiason Vda. de Perez vs Tolete, the Supreme Court ruled
that the evidence necessary for the reprobate or allowance of will which have
been probated outside of the Philippines are as follows:
RECOMMENDATION
Respectfully yours,