Case Digest (G.R. No. L-23678)
Facts:
The case arose from the probate of the will of Amos G. Bellis, a Texas national and domiciliary, who executed a will on August 5, 1952, and died on July 8, 1958; his will was admitted to probate in the Court of First Instance of Manila on September 15, 1958. People's Bank and Trust Company, Executor filed its final account and project of partition on January 8, 1964, allocating the residuary estate to the seven legitimate children; Maria Cristina Bellis and Miriam Palma Bellis, two illegitimate children, opposed on the ground that they were entitled to legitimes under Philippine law; the trial court approved the partition on April 30, 1964, and denied reconsideration June 11, 1964.Issues:
- Which law governs the order and amount of successional rights and the intrinsic validity of testamentary provisions: the national law of the decedent or Philippine law?
- Does Art. 17 paragraph three of the Civil Code, as invoking public policy or prohibitive laws, displace Art. 16 paragraph
Case Digest (G.R. No. L-23678)
Facts:
- Parties and capacities
- Amos G. Bellis was a citizen and domiciliary of the State of Texas, United States, and executed a will in the Philippines on August 5, 1952.
- Mary E. Mallen was the testator's first wife and legatee of $240,000 under the will.
- The testator had seven legitimate children by his first and second wives: Edward A. Bellis, George Bellis (deceased in infancy), Henry A. Bellis, Alexander Bellis, Anna Bellis Allsman, Edwin G. Bellis, Walter S. Bellis, and Dorothy Bellis.
- The testator had three illegitimate children: Amos Bellis, Jr., Maria Cristina Bellis, and Miriam Palma Bellis.
- People's Bank and Trust Company was appointed executor of the will.
- Maria Cristina Bellis and Miriam Palma Bellis were oppositors-appellants in the probate proceedings; Edward A. Bellis, et al. were heirs-appellees.
- Testamentary provisions and probate administration
- The will directed payment of taxes, obligations, and expenses of administration, then distribution as follows: (a) $240,000 to Mary E. Mallen; (b) P120,000 to the three illegitimate children or P40,000 each; and (c) the remainder in trust to be divided equally among the seven legitimate children.
- Amos G. Bellis died on July 8, 1958, a resident of San Antonio, Texas.
- The will was admitted to probate in the Court of First Instance of Manila on September 15, 1958.
- The executor satisfied the legacies by delivering shares of stock amounting to $240,000 to Mary E. Mallen, and by releasing P40,000 each to Amos Bellis, Jr., Maria Cristina Bellis, and Miriam Palma Bellis as partial advances when the lower court approved such petitions.
- Closing administration and oppositions
- On January 8, 1964, the executor filed its "Executor's Final Account, Report of Administration and Project of Partition" reporting the satisfaction of the specific legacies and proposing partition of the residuary estate into seven equal portions for the legitimate children pursuant to the Twelfth clause of the will.
- On January 17, 19...(Subscriber-Only)
Issues:
- Governing choice-of-law question
- Whether the national law of the decedent (Texas law) or Philippine law governs the testate succession to property situated in the Philippines.
- Specific legal points arising from the Civil Code
- Whether Art. 16, paragraph two, and Art. 1039 of the Civil Code render applicable the decedent's national law with respect to the order of succession, the amount of successional rights, the intrinsic validity of testamentary provisions, and capacity to succeed.
- Whether Art. 17, paragraph three, which preserves prohibitive laws concerning persons, public order, public policy and good customs, operates as an exception to Art. 16, paragraph two, so as to allow application of Philippine legitimes to the succession of a foreign national.
- Ancillary points raised by parties...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)