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  • PCIB v. Escolin Case

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    This case involved succession rights to the estate of Linnie Hodges, an American citizen who died domiciled in the Philippines. Her will left her entire estate to her husband Charles, and then to her brother and sister if Charles died. When Charles died, a dispute arose over who was entitled to the estate based on Linnie's will. The Supreme Court remanded the case back to the lower court because neither party proved what the law of Texas, where Linnie was a citizen, says about succession. The Supreme Court held that Texas law at the time of Linnie's death governs, but it is a question of fact as to the content of that law that must be proven in court.

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    PCIB v. Escolin Case

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    This case involved succession rights to the estate of Linnie Hodges, an American citizen who died domiciled in the Philippines. Her will left her entire estate to her husband Charles, and then to her brother and sister if Charles died. When Charles died, a dispute arose over who was entitled to the estate based on Linnie's will. The Supreme Court remanded the case back to the lower court because neither party proved what the law of Texas, where Linnie was a citizen, says about succession. The Supreme Court held that Texas law at the time of Linnie's death governs, but it is a question of fact as to the content of that law that must be proven in court.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    77 views1 page

    PCIB v. Escolin Case

    Uploaded by

    James
    This case involved succession rights to the estate of Linnie Hodges, an American citizen who died domiciled in the Philippines. Her will left her entire estate to her husband Charles, and then to her brother and sister if Charles died. When Charles died, a dispute arose over who was entitled to the estate based on Linnie's will. The Supreme Court remanded the case back to the lower court because neither party proved what the law of Texas, where Linnie was a citizen, says about succession. The Supreme Court held that Texas law at the time of Linnie's death governs, but it is a question of fact as to the content of that law that must be proven in court.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 1

    Philippine Commercial and Industrial Bank v. Hon. Venicio Escolin, G.R. Nos.

    L-27860 And L-27896


    March 29, 1974

    Q: Linnie Hodges, an American citizen from Texas, made a will in 1952. In 1957, she died while
    domiciled in Iloilo, Philippines. In her will, she left her entire estate in favor of her husband, Charles
    Hodges. Also, that should her husband later die, the entire estate shall be turned over to her brother
    and sister. A certain Avelina Magno, a trusted employee of the Hodges, was appointed as the
    estates administratrix.

    When Charles died in 1962, his lawyer, Atty. Gellada filed a motion before the probate court
    (Linnies estate) that Magno be temporarily appointed as the administratrix of Charles estate.
    According to Atty. Gellada, Charles left a will but the same cannot be presently presented. The
    court granted the motion.

    When Charles will was later found, a petition for probate was filed for the said will. Magno opposed
    the said petition contending that Charles should turn over the properties to Linnies brother and
    sister as provided in Linnies will. The probate court dismissed the opposition.

    Thereafter, the Philippine Commercial and Industrial Bank was appointed as administrator of
    Charles estate. However, Magno refused to turn over the properties.

    According to Magno, Linnie wanted was a citizen of Texas, USA at the time of her death. Thus,
    successional rights as to linnies estate should governed by the law of Texas.

    What law should be applied in the case at bar?

    A: The Supreme Court remanded the case back to the lower court. Both parties failed to adduce
    proof as to the law of Texas.

    Further, the Supreme Court held that for what the Texas law is on the matter, is a question of fact
    to be resolved by the evidence that would be presented in the probate court.

    The Supreme Court, however, emphasized that Texas law at the time of Linnies death is the law
    applicable. As to whether the law of Texas refers the matter back to Philippine laws must be
    proven by evidence presented before the court.

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