Case Summary (G.R. No. 76714)
Petitioner
Salud Teodoro Perez (mother of Dr. Evelyn), appointed special administratrix by the RTC of Malolos, Bulacan, in ancillary proceedings to probate the foreign wills and administer Philippine property.
Respondent
Hon. Zotico A. Tolete, Presiding Judge, RTC Branch 18, Bulacan, whose November 19, 1986 order denying joint probate of the two wills prompted this certiorari.
Key Dates
• August 23 & 27, 1979 – Spouses execute separate wills in New York.
• January 9, 1982 – Entire Cunanan family dies in fire.
• April 7, 1982 – Surrogate Court of Onondaga admits both wills to probate.
• February 21, 1983 – Petitioner files ancillary reprobate petition in Bulacan.
• February 21, 1984 – Branch 16 judge denies reprobate for lack of proof of New York formalities.
• November 19, 1986 – Branch 18 order denies joint probate, prompting certiorari.
• June 2, 1994 – Supreme Court resolves certiorari under 1987 Constitution.
Applicable Law
• 1987 Constitution (decision post-1990).
• Civil Code, Art. 816 (foreign wills produce effect if made with foreign formalities).
• Civil Code, Art. 818 (joint wills prohibited; separate wills permissible).
• Revised Rules of Court, Rule 65 (certiorari); Rule 76, Sections 2–5 and Rule 77 (foreign wills).
Procedural History
- Petitioner secures letters of special administration in RTC Malolos and obtains Philippine assets (insurance proceeds, bank deposits).
- Cunanan collateral heirs (Dr. Rafael Sr. et al.) move to nullify proceedings, disqualify petitioner, and seek regular administration.
- Branch 16 judge disallows ancillary probate for lack of proof of New York law and formalities (two witnesses, no page-by-page signature).
- Case reassigned to Branch 18; petitioner repeatedly seeks to present evidence of New York probate procedure; judge denies joint probate and refuses to admit further foreign-law evidence.
- Petitioner files certiorari under Rule 65 to challenge the November 1986 order.
Issues Raised
• Whether petitioner sufficiently proved compliance with New York formalities for will execution and probate.
• Whether separate wills of spouses may be probated jointly in one ancillary proceeding.
• Whether due process required notice to all Philippine-resident heirs of Dr. Jose F. Cunanan.
Supreme Court Analysis
• Foreign wills admitted in New York must be proved in Philippine courts under Civil Code Art. 816 with evidence of (1) due foreign execution, (2) foreign domicile, (3) foreign probate, (4) tribunal’s jurisdiction, and (5) foreign probate procedure. Petitioner demonstrated all but the fifth, and was allowed to supplement evidence.
• Rules on foreign wills (Rule 77) require “notice as in case of an original will” (Rule 76, Sections 3–5) to known Philippine-resident heirs and to the executor. The Cunanan siblings were entitled to personal or mailed notice.
Case Syllabus (G.R. No. 76714)
Procedural History
- Petition for certiorari under Rule 65 filed by Salud Teodoro Perez to set aside the RTC Branch 18, Bulacan Order of November 19, 1986 in Special Proceedings No. 1793-M.
- Underlying proceedings: ancillary reprobate of two foreign-probated wills and appointment of petitioner as special administratrix before RTC Branch 16, Malolos, Bulacan.
- Series of motions, oppositions, notices of appearance, and orders on delivery of estate assets, inventory requirements, motions to nullify and reconsider.
- RTC Branch 16 disallowed probate (Feb. 21, 1984), recalled special administratrix appointment, required inventory.
- Case reassigned to RTC Branch 18; multiple orders on motions for reconsideration, evidence on foreign law, and propriety of joint probate, culminating in denial of joint probate and insistence on separate proceedings (Nov. 19, 1986).
Facts
- Dr. Jose F. Cunanan and Dr. Evelyn Perez-Cunanan, American citizens, practiced medicine in Syracuse, New York; had three children.
- Dr. Jose executed his will on August 23, 1979; Dr. Evelyn on August 27, 1979; identical residuary gifts “wheresoever situated” and reciprocal Article VIII presumption on simultaneous death.
- Entire family perished in a house fire on January 9, 1982.
- Surrogate Court of Onondaga County, NY admitted both wills to probate on April 7, 1982; letters testamentary issued in favor of Dra. Rafael G. Cunanan, Jr., substitute executor.
- Petitioner, mother of Dr. Evelyn, filed ancillary proceedings in Bulacan on February 21, 1983 seeking reprobate and appointment as special administratrix over Philippine assets.
- Trial court issued letters of special administration upon P10,000 bond (March 9, 1983); petit