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GR 27936, March 29, 1974


Foreign law treated as a QUESTION OF FACT to be properly pleaded and proved in
conformity with the law of evidence of the state where it is presented.


Charles and Linnie Jane Hodges (husband and wife) provided mutually in their respective
will a provision wherein they would give all their estate to the surviving spouse, and
upon the death of the surviving spouse, the remainder of what has been inherited by the
surviving spouse from the earlier deceased spouse would be bequeathed to the brothers
and sisters of the later deceased.

Mrs. Hodges died first. Mr. Hodges was appointed special administrator and later
executor of the will. No liquidation was made.Upon death of Mr. Hodges, Magno was
appointed Administratix of Mrs. Hodges estate and was initially also Mr. Hodges' estate
but PCIB took over. Probate proceedings for both estate initiated, the two
administrators (PCIB and Magno) differed in the alleged share of Mrs. Hodges in their
conjugal partnership property that she could have bequeathed to her heirs.

PCIB Magno
The estate left by Mrs. Hodges < 1/2 of Texas law applicable, wherein no system of
her share in the conjugal estate (Apply legitime provided so estate of Mrs. Hodges
Philippine law), notwithstanding Art16 could not be less than her share or (?) >1/2
of our Civil code which mandates the
application of Texas law, Mr.Hodges
being a citizen of Texas

There was also an allegation on the part of Magno (for the brothers and sisters of Mrs.
Hodges) that Mr. Hodges made a renunciation of the inheritance in a manifestation to
the US inheritance tax authorities (probably to escape inheritance tax liabilities), which
was allegedly ratified by the heirs in the Philippines.There is no proof yet of what Texas
law is, but PCIB allegedly averred that under the laws of Texas (although it was arguing
that RP laws apply), there is such legitime of 1/4 of the said conjugal estate


such contention constitutes and admission of fact. Hodges is AT LEAST 1/4 OF THE CONJUGAL ESTATE OF THE SPOUSES Existence and effects of foreign laws being questions of fact. with the rare exceptional n instances when the said laws are already within the actual knowledge of the court. and consequently. Ruling It is now beyond controversy that whatever be the provisions of Texas Law applicable. It is then held that Mrs. It is a rule that foreign laws may not be taken judicial notice of and have to be proven like any other fact in dispute between the parties in any proceeding. or they have been actually ruled upon in other cases before it and none of the parties concerned claim otherwise. irrespective of what might be proven later to be the actual provisions of Texas law.Whether or not Texas law is applicable in this case. and it being the position now of PCIB that the estate of Mrs. should only be 1/3 of the conjugal estate. Hodge’s estate cannon be less than ¼ of the CPP finding that no evidence yet of the existence of such Texas laws. such as when they are well and generally known. . the estate of Mrs. it would be in estoppel in any further proceedings in these cases to claim that said estate could be less. Hodges. pursuant to the law of Texas.