Case Summary (G.R. No. 209969)
Procedural History
Upon Aida’s death, Cosme petitioned the RTC to allow the California–executed will, to appoint him special administrator, and guardian ad litem for Elsa. Linda opposed, citing omitted Philippine real property, guardianship expenses, and lack of formal compliance. The RTC admitted the will, appointed Cosme administrator and co-guardians for Elsa, then granted allowance of the will. Motions for reconsideration by both parties were denied. Linda appealed to the CA, which affirmed under the substantial compliance doctrine. Linda sought certiorari review before the Supreme Court.
Will Execution and Contents
Aida’s will, drafted in California, named Cosme as special independent executor over her Philippine assets. It bore an attestation clause signed by two witnesses, reciting Aida’s sound mind and voluntary execution. The document lacked (a) acknowledgment before a notary public, (b) subscription by three witnesses, (c) signatures on each page, and (d) a statement of total pages used.
Court of Appeals Ruling
The CA applied Civil Code Art. 809 and Rule 76 Sec. 9 to uphold the will despite the attestation defects. Finding no fraud or incapacity and sufficient formalities discernible on the face of the will, the CA held that imperfections did not warrant disallowance and affirmed the RTC’s allowance.
Issues on Review
- Whether the foreign (California) law governing will formalities was properly alleged and proved.
- Whether the will complied with Philippine formalities for notarial wills in the absence of proven foreign law.
Applicable Law on Foreign Wills
Under Civil Code Art. 816, a foreigner’s will abroad is effective in the Philippines if executed under the formalities of (a) the place of residence, (b) the country of nationality, or (c) Philippine law. Philippine courts cannot take judicial notice of foreign laws; they must be pleaded and proved under Rule 132 Secs. 24–25.
Burden of Proving Foreign Law
Pursuant to the doctrine of processual presumption, a party invoking foreign law bears the burden of proof. Absent authenticated evidence (official publication or consular-attested copy) of relevant California statutes or regulations, a foreign law is presumed identical to Philippine law.
Philippine Formalities for Notarial Wills
A notarial will under Civil Code Art. 805 must be:
• Subscribed by the testator (or in his direction) at the end;
• Attested and subscribed by three credible witnesses in the presence of the testator and one another;
• Signed by testator and witnesses on each page (except the last) and pages numbered;
• Accompanied by an attestation clause stating total pages and signing formalities;
• Acknowledged before a notary public by testator and witnesses (Art. 806).
Doctrine on Substantial Compliance
Substantial compliance may cure only defects ascertainable from the instrument itself (e.g., numbering, signatures), not procedural or jurisdictional formalities requiring distinct acts such as acknowledgment before a notary public.
Acknowledgment Requirement
Aida’s will was neither acknowledged by testator and witnesses before a notary public nor complied with the minimum three-witness re
...continue readingCase Syllabus (G.R. No. 209969)
Antecedents and Facts
- On October 28, 1999, Aida A. Bambao, a naturalized American citizen residing in California, executed a Last Will and Testament nominating her cousin, Cosme B. Sekito, Jr., as special independent executor over her assets located in the Philippines.
- The will, drafted in California, provides that Cosme shall have individual signature authority to transact all trust business regarding Philippine assets.
- The attestation clause recites that two witnesses observed Aida’s declaration of the instrument as her will, found her of sound mind, and signed in her presence and in the presence of each other.
- Aida died on February 5, 2000, at her residence in Long Beach, California.
- Cosme filed on March 27, 2000, before the RTC of Pasig City (Branch 264, Sp. Proc. No. 11042) a Petition for the Allowance of Will and for Appointment of Special Administrator and Guardian ad Litem for Elsa Bambao, the decedent’s adopted minor child.
- Linda A. Kucskar, Aida’s sister and one of the named heirs, opposed the allowance of the will, asserting she was defraying Elsa’s expenses and that a Calbayog City real property was omitted from the petition.
Procedural History
- The RTC, after stipulating the authenticity of the will and Aida’s Revocable Living Trust, appointed Cosme as special administrator and co-guardian with Linda for Elsa.
- On August 4, 2011, the RTC granted the petition, allowed the will, and ordered issuance of letters testamentary in favor of Cosme, directing inventory and appraisal within three months.
- Linda moved for reconsideration; Cosme filed a motion to disinherit Linda. On November 10, 2014, the RTC denied both motions,