CAYETANO v. LEONIDAS

G.R. No. L-54919, May 30, 1984

RATIONALE: It is therefore evident that whatever public policy or good customs may be involved in our system of legitimes, Congress has not intended to extend the same to the succession of foreign nationals. For it has specifically chosen to leave, inter alia, the amount of successional rights, to the decedent's national law. Specific provisions must prevail over general ones.

FACTS: This is a petition for review on certiorari, seeking to annul the order of the respondent judge of the CFI of Manila, which admitted to and allowed the probate of the last will and testament of Adoracion C. Campos, after an ex-parte presentation of evidence by herein private respondent.

Adoracion C. Campos died, leaving her father, petitioner Hermogenes Campos and her sisters, private respondents as the surviving heirs. As Hermogenes Campos was the only compulsory heir, he executed an Affidavit of Adjudication under Rule 74, Section I of the Rules of Court whereby he adjudicated unto himself the ownership of the entire estate of the deceased Adoracion Campos.

Eleven months after, Nenita C. Paguia filed a petition for the reprobate of a will of the deceased, Adoracion Campos, which was allegedly executed in the United States and for her appointment as administratrix of the estate of the deceased testatrix.

Nenita alleged that the testatrix was an American citizen at the time of her death and that her last will and testament was presented, probated, allowed, and registered in Philadelphia.

An opposition to the reprobate of the will was filed by petitioner alleging that the will in question is a forgery; that the intrinsic provisions of the will are null and void; 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.

The respondent judge issued an order stating that the Last Will and Testament of the late Adoracion is admitted to and allowed probate in the Philippines, and appointed Nenita Campos Paguia as Administratrix of the estate of said decedent. Petitioner died and left a will, appointing Polly Cayetano as the executrix of his last will and testament. Cayetano, filed a motion to substitute herself as petitioner in the instant case which was granted by the court.

Petitioner Cayetano persists with the allegations that the respondent judge acted without or in excess of his jurisdiction.

ISSUE: Whether or not the Philippine law will apply to determine the intrinsic validity of a will executed by an undisputed foreigner.

RULING: No. 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. This was squarely applied in the case of Bellis v. Bellis (20 SCRA 358). “It is therefore evident that whatever public policy or good customs may be involved in our system of legitimes, Congress has not intended to extend the same to the succession of foreign nationals. For it has specifically chosen to leave, inter alia, the amount of successional rights, to the decedent’s national law. Specific provisions must prevail over general ones.”