G.R. No. L-54919, May 30, 1984
POLLY CAYETANO VS. HON. TOMAS T. LEONIDAS, IN HIS
CAPACITY AS THE PRESIDING JUDGE OF BRANCH XXXVIII; COURT OF FIRST INSTANCE OF
MANILA AND NENITA CAMPOS PAGUIA
FACTS: 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. Nenita C. Paguia filed a petition for the reprobate
of a will of the deceased which was allegedly executed in the United States and
for her appointment as administratrix of the estate of the deceased testatrix. This
was opposed by the father of the deceased. In her petition Nenita alleged that
the testatrix was an American citizen at the time of her death and was a
permanent resident Pennsylvania, U.S.A.; that the testatrix died in Manila;
that during her lifetime, the testatrix made her last will and testament
according to the laws of Pennsylvania; that after the testatrix' death, her
last will and testament was presented, probated, allowed, and registered with
the Registry of Wills at the County of Philadelphia, U.S.A., and that, there is
a need for the appointment of an administratrix to administer and eventually
distribute the properties of the estate located in the Philippines.
ISSUE: Whether the reprobate of the will is
proper.
RULING: Yes. Although
on its face, the will appeared to have preterited the petitioner 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 Pennsylvania, U.S.A.
Therefore, 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. 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.
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