GR L-23678

JUNE 6, 1967

BELLIS

BELLIS

BENGZON J.P., J.:

FACTS: Amos G. Bellis was a citizen of the State of Texas and of the United States. He had five legitimate
children with his first wife (whom he divorced), three legitimate children with his second wife (who
survived him) and, finally, three illegitimate children.

6 years prior Amos Bellis’ death, he executed two(2) wills, apportioning the remainder of his estate and
properties to his seven surviving children. The appellants filed their oppositions to the project of
partition claiming that they have been deprived of their legitimes to which they were entitled according
to the Philippine law. Appellants argued that the deceased wanted his Philippine estate to be governed
by the Philippine law, thus the creation of two separate wills.

ISSUE: Whether or not the national law of the deceased should determine the successional rights of the
illegitimate children.

RULING: No, it was held that the since amos g bellis was a resident and citizen of the state of texas,
USA., texas law prevails over their case, as provided by art 1039 of the civil code. And the provision in his
will that his separate Philippine will, be executed in accordance with Philippine law, is for his national
law cannot be ignored in view of those matters that Article 10 — now Article 16 — of the Civil Code
states said national law should govern.