Suntay vs Suntay

Facts: On Jose B. Suntay, a Filipino citizen and resident of the Philippines, died in the city of
Amoy, Fookien province, China, leaving real and personal properties in the Philippines and a
house in Amoy and 9 children by the first marriage had with the late Manuela T. Cruz and a
child named Silvino by the second marriage had with Maria Natividad Lim Billian who survived
him. Intestate proceedings were instituted in the Court of First Instance of Bulacan and after
hearing letters of administration were issued to Apolonio Suntay. After the latter's death
Federico C. Suntay was appointed administrator of the estate. On 15 October 1934 the surviving
widow filed a petition in the Court of First Instance of Bulacan for the probate of a last will and
testament claimed to have been executed and signed in the Philippines on November 1929 by
the late Jose B. Suntay. This petition was denied because of the loss of said will after the filing of
the petition and before the hearing thereof and of the insufficiency of the evidence to establish
the loss of the said will. After liberation, claiming that he had found among the files, records and
documents of his late father a will and testament in Chinese characters executed and signed by
the deceased on 4 January 1931 and that the same was filed, recorded and probated in the
Amoy district court, Province of Fookien, China, Silvino Suntay filed a petition in the intestate
proceedings praying for the probate of the will executed in Amoy, Fookien, China.

Issue: Whether or not the will executed in Amoy, China may be probated in the Philippines.

Held: The will executed in Amoy, China cannot be allowed. Silvino was unable to adduce the
necessary proof under the Rules of Court in order to probate the will in the Philippines,
specifically:

a. The due execution of the will in accordance with the foreign laws;
b. The testator had his domicile in the foreign country and not in the Philippines;
c. The will has been admitted to probate in such country;
d. The fact that the municipal court of Amoy is a probate court;
e. the procedural law of China regarding probate of wills.