012 Bellis v Bellis intrinsic validity of the provisions of the will; and (d) the capacity

Ponente: J. Bengzon, J.P. | G.R. No. L-23678 | June 6, 1967 | National to succeed
Law in Matters of Succession  The case is a matter of succession, hence national law od the
Doctrine: The National Law of the deceased shall be applied in decedent applies
matters of succession  The argument that Article 17 of the Civil Code which states that
FACTS: “prohibitive laws concerning persons, their acts or
property…shall not be rendered ineffective by laws or judgments
 Bellis, born in Texas, was "a citizen of the State of Texas and of
promulgated, or by determinations or conventions agreed upon
the United States."
in a foreign country” prevails over Article 16 is rejected by the
 He contracted 2 marriages. Court
o By the first marriage, he had 5 legitimate children. By the
 Congress deleted the phrase, "notwithstanding the provisions of
second marriage, he had 3 legitimate and 3 illegitimate
this and the next preceding article" when they incorporated Art.
children.
11 of the old Civil Code as Art. 17 of the new Civil Code, while
 Bellis executed a will in the Philippines, in which he directed that reproducing without substantial change the second paragraph of
his distributable estate should be divided, in trust, in the Art. 10 of the old Civil Code as Art. 16 in the new
following order and manner: (a) $240,000.00 to his first wife, (b)
 The incorporation of Art. 1039 which decrees that capacity to
P120,000.00 to his three illegitimate children and (c) after the
succeed is to be governed by the national law of the decedent
foregoing two items have been satisfied, the remainder shall go to
shows that it is the legislative intent to make the national law of
his seven surviving children by his first and second wives
the decedent prevail over matters of succession.
 When Bellis died, 2 of the illegitimate children filed their
respective oppositions to the project of partition on the ground
that they were deprived of their legitimes as illegitimate children.
o They were claiming under the Philippine law of
succession where illegitimate children are entitled to
legitimes.
o Texas law however does not provide for a compulsory
succession
ISSUE:
1. W/N Philippine law applies-NO

HELD: Philippine law does not apply since Art 16 provides the national
law of decedent shall prevail on matters involving succession
RULING: Wherefore, order of the probate court is hereby affirmed in
toto, with costs against appellants. So ordered.
RATIO:
1. Article 16, par. 2, and Art. 1039 of the Civil Code, render
applicable the national law of the decedent, in intestate or
testamentary successions, with regard to four items: (a) the order
of succession; (b) the amount of successional rights; (e) the