CIVIL LAW REVIEW I – ATTY.

LEGARDA

Estate of Giberson, AUTHOR: Espiritu, Ralph Deric

[48 O.G. #7, 2657; ] NOTES:
TOPIC: Place of execution
PONENTE: Pablo, J.
CASE LAW/ DOCTRINE:
An alien who makes a will in a place other than his country is permitted to follow the laws of his own
country as sanctioned by the Civil Code. On the other hand, the Rules provide that wills proved and
allowed in a foreign country, according to the laws of such country, may be allowed, filed and recorded
by the proper Court of First Instance in the Philippines.
FACTS:
 On February 10, 1949, Lela G. Dalton presented, an application in the CFI for the legalization of a
document that, according to she alleges, is a holographic will of William R. Giberson, granted on
April 29, 1920 in San Francisco, California; that Giberson was a citizen of the State of Illinois,
United States, and a resident of Cebu; and who died on August 6, 1943 in the concentration camp
of the University of Sto, Tomas, Manila, Philippines.

 On July 1, 1949, the opponent opposed the application claiming that, before a will issued in a
foreign country can be legalized in the Philippine Islands, it must be demonstrated that said will
had been previously legalized in that country, in accordance with article 1 of Rule 78; that the
request does not allege that the will had already been legalized in California.

 RULE 78, - SECTION 1. Wills proved outside Philippines may be allowed here . - Wills proved
and allowed in a foreign country, according to the laws of such country, may be allowed, filed,
and recorded by the proper Court of First Instance in the Philippines

ISSUE(S): Can the foreign will be probate in the Philippines?

HELD: YES
The granting of a will is a legal act that can be performed in the Philippines or abroad; if it is granted in
a foreign country, it must be done in accordance with the laws of that country, which is a universally
adopted rule.

A foreigner decedent may dispose of his property in the Philippines by will and is not required to grant
it in the Philippines but in he’s own country or in another, but in accordance with the laws of the
country in which it is granted. Article 635 of the Code of Civil Procedure, respecting the testator's
freedom to grant his will anywhere, provides that the will that can be legalized in a foreign country in
accordance with the laws of that country can also be legalized in the Philippines.

Rule 78 is not in conflict with article 635; in reality, it is only its corollary. If a will granted in a foreign
country that can be legalized in accordance with the laws of that country can also be legalized in the
Philippine Islands, all the more reason wills already legalized in foreign countries in accordance with
the laws of those countries, can also be legalized in the Philippines.

RATIO:
 If an alien executes a will in the Philippines, not in conformity with our law, but in conformity
with the law of his own state or country, the will can be probated in the Philippines.
 The requirement of law is that it must comply with the laws of the country where it was
CIVIL LAW REVIEW I – ATTY. LEGARDA

executed for validity and not probate on the country for execution.

DISSENTING/CONCURRING OPINION(S):