Case Digest (G.R. No. L-12790)
Facts:
In Roel P. Gaspi v. Hon. Judge Maria Clarissa L. Pacis-Trinidad (G.R. No. 229010, November 23, 2020), petitioner Roel P. Gaspi sought probate of the last will and testament of Luz Gaspe Lipson before the Regional Trial Court (RTC) of Iriga City, Branch 36. Lipson, an American citizen temporarily residing in Iriga City, executed her notarial will on February 23, 2011, designating Gaspi as executor. She died on October 17, 2015, owning real property in the Philippines. On October 3, 2016, Gaspi filed a petition for probate and issuance of letters testamentary without bond. On October 6, 2016, the RTC motu proprio dismissed the petition for lack of subject-matter jurisdiction, reasoning that Lipson’s American national law must govern and her will must first be probated in the United States. Gaspi’s motion for reconsideration was denied by the RTC on November 16, 2016, which distinguished Palaganas v. Palaganas on the ground that Lipson’s will was executed in the Philippines. GaspiCase Digest (G.R. No. L-12790)
Facts:
- Testator and Will Execution
- Luz Gaspe Lipson, an American citizen temporarily residing in Iriga City, Philippines, executed her last will and testament on February 23, 2011, designating Roel P. Gaspi as executor.
- The will was notarial in form, complied with Philippine formalities for wills, and disposed of real property located in Iriga City.
- Death of Testator and Initial Probate Petition
- Lipson died on October 17, 2015, at age 70.
- On October 3, 2016, Gaspi filed a Petition for probate of Lipson’s will and issuance of letters testamentary without bond before the Regional Trial Court (RTC) of Iriga City, Branch 36 (Spec. Proc. No. IR-2919).
- Motu Proprio Dismissal and Reconsideration
- On October 6, 2016, the RTC motu proprio dismissed the petition for lack of jurisdiction, applying the nationality principle and holding that Lipson’s will must be probated in the United States.
- Gaspi moved for reconsideration; on November 16, 2016, the RTC denied the motion, distinguishing Palaganas v. Palaganas on the ground that Lipson’s will was executed in the Philippines.
- Petition for Review on Certiorari
- Gaspi elevated the matter to the Supreme Court via Rule 45, arguing:
- Philippine law does not prohibit probate of wills executed by aliens.
- Under Articles 816 and 817 of the Civil Code and Palaganas precedent, an alien’s will executed in conformity with Philippine law may be probated here without prior foreign probate.
- The RTC Judge (Respondent) filed a Comment asserting lack of subject matter jurisdiction, reliance on the nationality principle under Articles 15–16 of the Civil Code, and inapplicability of Palaganas.
Issues:
- Whether the Regional Trial Court of Iriga City has jurisdiction to probate the will of an alien testator executed in the Philippines, notwithstanding the absence of prior probate in the testator’s country of nationality.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)