Case Digest (G.R. No. 12767) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In In the Matter of the Estate of Emil H. Johnson (39 Phil. 156, G.R. No. 12767, November 16, 1918), Emil H. Johnson, a Swedish-born naturalized citizen of the United States, died in Manila on February 4, 1916, leaving a holographic will dated September 9, 1915. Although the instrument bore his own handwriting and signature, it was attested by only two witnesses instead of the three required by section 618 of the Code of Civil Procedure (C.C.P.). On February 9, 1916, his purported heirs filed a petition in the Court of First Instance (CFI) of Manila to probate the will under section 636 of the C.C.P., on the ground that Johnson was, at his death, a citizen of Illinois and the will was valid under Illinois law. After three weeks’ publication in the Manila Daily Bulletin, witnesses were examined on March 6 and on March 16, 1916, the CFI admitted the will to probate and appointed Victor Johnson administrator with the will annexed. Ebba Ingeborg Johnson (the testator’s daughter by a Case Digest (G.R. No. 12767) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Background of the will and probate
- Emil H. Johnson, born Sweden May 25, 1877, naturalized U.S. citizen (Illinois Jan 10, 1903), died Manila Feb 4, 1916, leaving an holographic will (Sept 9, 1915) valued at ₱231,800, signed by testator and two witnesses (CCP §618 requires three).
- Petition for probate filed Feb 9, 1916 in CFI Manila under CCP §636 (foreign will of non-resident proved by domicile law), alleging Illinois citizenship and compliance with Illinois formalities; notice by three weeks’ publication; hearing Mar 6, 1916; will admitted Mar 16, 1916; Victor Johnson appointed administrator (Pickett declined).
- Family relations and contestation
- Marriages and issue:
- First marriage (May 9, 1898, Chicago) to Rosalie Ackeson; daughter Ebba Ingeborg born Oct 1898; divorced Nov 20, 1902 (Cook County, IL).
- Cohabitation in Manila with Alejandra Ibanez (three children) and with Simeona Ibanez (two children).
- Will bequests:
- 100 shares (Johnson-Pickett Rope Co.) to brother Victor.
- ₱20,000 to parents in Sweden; ₱5,000 to daughter Ebba; ₱75/month to wife Alexandra (if single); ₱65/month to Simeona (if single); residue to five children.
- Subsequent proceedings: Ebba’s attorneys noted exception June 12, 1916; moved Oct 31, 1916 to vacate probate and related orders; motion denied Feb 20, 1917; appealed to Supreme Court.
Issues:
- Jurisdiction and notice
- Whether probate order was void for lack of notice to Ebba Ingeborg and thus beyond CFI’s jurisdiction (due process under Philippine Bill).
- Substantive compliance under CCP §636
- Whether testator was a resident/citizen of Illinois at will execution.
- Whether will was executed in conformity with Illinois law, making it provable in PI.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)