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Conflict Cases
Conflict Cases
"In accord with the rule that real property is subject to the lex
The record does not show what the proper amount of the
rei sitæ, the respective rights of husband and wife in such
inheritance tax in this case would be nor that the appellee
property, in the absence of an antenuptial contract, are
(petitioner below) in any way challenged the power of the
determined by the law of the place where the property is
Government to levy an inheritance tax or the validity of the
situated, irrespective of" the domicile of the parties or of the
statute under which the register of deeds refused to issue a
place where the marriage was celebrated." (See also Saul vs.
certificate of transfer reciting that the appellee is the exclusive
His Creditors, 5 Martin [N. S.], 569; 16 Am. Dec., 212 [La.] ;
owner of the Philippine lands included in the three certificates
Heidenheimer vs. Loring, 26 S. W., 99 [Texas].)
of title here involved.
Under this broad principle, the nature and extent of the title
The judgment of the court below of March 10, 1931, is
which vested in Mrs. Gibbs at the time of the acquisition of the
reversed with directions to dismiss the petition, without special
community lands here in question must be determined in
pronouncement as to the costs.
accordance with the lex rei sitæ.
"All the property of the spouses shall be deemed partnership Order reversed. Gibbs vs. Government of the Philippine
property in the absence of proof that it belongs exclusively to Islands, 59 Phil. 293, No. 35694 December 23, 1933
the husband or to the wife." Article 1395 provides:
Same; Same; Domicile; Factors considered in determining “4. I further declare that I now have no living ascendants, and
aliens’ domicile in the Philippines.—An American citizen who no descendants except my above named daughter, MARIA
was born in New York, migrated to California, resided there for LUCY CHRISTENSEN DANEY.
nine years, came to the Philippines in 1913, and very rarely re-
turned to California and only for short visits, and who appears
to have never owned or acquired a home or properties in that x x x x x
state, shall be considered to have his domicile in the Philip-
pines.
Same; Same; Same; Rule of resorting to the law of the “7. I give, devise and bequeath unto MARIA HELEN
domicile in determining matters with foreign element involved. CHRISTENSEN, now married to Eduardo Garcia, about
—The rule laid down of resorting to the law of the domicile in eighteen years of age and who, notwithstanding the fact that
the determination of matters with foreign element involved is in she was baptized Christensen, is not in any way related to me,
accord with the general principle of American law that the nor has she been at any time adopted by me, and who, from all
domiciliary law should govern in most matters or rights which information I have now resides in Egpit, Digos, Davao,
follow the person of the owner. Philippines, the sum of THREE THOUSAND SIX HUNDRED
PESOS (P3,600.00), Philippine Currency the same to be
Same; Same; Same; Same; Court of domicile bound to apply deposited in trust for the said Maria Helen Christensen with the
its own law as directed in the conflict of law rule of decedents Davao Branch of the Philippine National Bank, and paid to her
state; Application of the renvoi doctrine.—The conflict of law at the rate of One Hundred Pesos (P100.00), Philippine
rule in California, Article 946 Civil Code, refers back the case, Currency per month until the principal thereof as well as any
when a decedent is not domiciled in California, to the law of his interest which may have accrued thereon, is exhausted..
domicile, the Philippines in the case at bar. The court of
domicile can not and should not refer the case back to
California, as such action would leave the issue incapable of
determination, because the case will then be tossed back and x x x x x
forth between the two states. If the question has to be decided,
the Philippine court must apply its own law as the Philippines
was the domicile of the decedent, as directed in the conflict of “12. I hereby give, devise and bequeath, unto my well-
law rule of the state of the decedent, California, and especially beloved daughter, the said MARIA LUCY CHRISTENSEN
because the internal law of California provides no legitime for DANEY (Mrs. Bernard Daney), now residing as aforesaid at
natural children, while the Philippine law (Articles 887(4) and No. 665 Rodger Young Village, Los Angeles, California, U.S.A.,
894, Civil Code of the Philippines makes natural children all the income from the rest, remainder, and residue of my
legally acknowledged forced heirs of the parent recognizing property and estate, real, personal and/or mixed, of
them). whatsoever kind or character, and wheresoever situated, of
which I may be possessed at my death and which may have
Same; Same; Same; Same; Same; Same; Philippine law to be
come to me from any source whatsoever, during her lifetime:
applied in case at bar.—As the domicile of the deceased, who
x x x”
was a citizen of California, was the Philippines, the validity of
the provisions of his will depriving his acknowledged natural It is in accordance with the above-quoted provisions that the
child of the latter’s legacy, should be governed by the executor in his final account and project of partition ratified the
Philippine law, pursuant to Article 946 of the Civil Code of payment of only P3,600 to Helen Christensen Garcia and
California, not by the internal law of California. proposed that the residue of the estate be transferred to his
daughter, Maria Lucy Christensen.
Opposition to the approval of the project of partition was filed THE LOWER COURT ERRED IN NOT DECLARING THAT
by Helen Christensen Garcia, insofar as it deprives her (Helen) THE SCHEDULE OF DISTRIBUTION SUBMITTED BY THE
of her legitime as an acknowledged natural child, she having EXECUTOR IS CONTRARY TO THE PHILIPPINE LAWS.
been declared by Us in G.R. Nos. L-11483-84 an
acknowledged natural child of the deceased Edward E.
Christensen. The legal grounds of opposition are (a) that the
V
distribution should be governed by the laws of the Philippines,
and (b) that said order of distribution is contrary thereto insofar
as it denies to Helen Christensen, one of two acknowledged
natural children, one-half of the estate in full ownership. In THE LOWER COURT ERRED IN NOT DECLARING THAT
amplification of the above grounds it was alleged that the law UNDER THE PHILIPPINE LAWS HELEN CHRISTENSEN
that should govern the estate of the deceased Christensen GARCIA IS ENTITLED TO ONE-HALF (1/2) OF THE ESTATE
should not be the internal law of California alone, but the entire IN FULL OWNERSHIP.
law thereof because several foreign elements are involved,
that the forum is the Philippines and even if the case were
decided in California, Section 946 of the California Civil Code, There is no question that Edward E. Christensen was a citizen
which requires that the domicile of the decedent should apply, of the United States and of the State of California at the time of
should be applicable. It was also alleged that Maria Helen his death. But there is also no question that at the time of his
Christensen having been declared an acknowledged natural death he was domiciled in the Philippines, as witness the
child of the decedent, she is deemed for all purposes legitimate following facts admitted by the executor himself in appellee’s
from the time of her birth. brief:
“On logic, the solution is not an easy one. The Michigan court
“ART. 16. Real property as well as personal property is chose to accept the renvoi, that is, applied the Conflict of Laws
subject to the law of the country where it is situated. rule of Illinois which referred the matter back to Michigan law.
But once having determined the the Conflict of Laws principle
is the rule looked to, it is difficult to see why the reference back
“However, intestate and testamentary successions, both with should not have been to Michigan Conflict of Laws. This would
respect to the order of succession and to the amount of have resulted in the ‘endless chain of references’ which has so
successional rights and to the intrinsic validity of testamentary often been criticized be legal writers. The opponents of the
provisions, shall be regulated by the national law of the person renvoi would have looked merely to the internal law of Illinois,
whose succession is under consideration, whatever may be thus rejecting the renvoi or the reference back. Yet there
the nature of the property and regardless of the country where seems no compelling logical reason why the original reference
said property may be found.” should be the internal law rather than to the Conflict of Laws
rule. It is true that such a solution avoids going on a merry-go-
round, but those who have accepted the renvoi theory avoid
this inextricabilis circulas by getting off at the second reference
and at that point applying internal law. Perhaps the opponents
of the renvoi are a bit more consistent for they look always to
The application of this article in the case at bar requires the
internal law as the rule of reference.
determination of the meaning of the term “national law” is used
therein.
Appellants would however counter that Art. 17. paragraph Notes.—In Philippine Trust Company vs. Bohanan, 60 O.G.
three, of the Civil Code, stating that— 4615, it was held that the validity of the provisions of the will of
a citizen of Nevada should be governed by his national law, the
law of Nevada. Since the Nevada law allows a citizen of
Nevada to dispose of all his property according to his will, the
testamentary provisions therein, depriving his wife and children
of what should be their legitimes under Philippine law should
be respected and the project of partition made in accordance
with. his will should be approved,