FACTS

-C.O. Bohanan, citizen of Nevada, died with a Will.

-Philippine Trust Co. was named executer of the will

-Will gave to *a grandson: P90,819.67 of the P211,639 + 1/2 of all shares of stock of several mining
companies

*brother and sister: 1/2 of all shares of stock of several mining companies

*Only P6k was left to each of his children

-widow and 2 children of C.O. Bohanan questioned the validity of the will in the hearing for the project
of partition (will already admitted)

HELD: Even if Nevada law not proved in this stage of the proceeding, it was taken judicial notice of
because Philippine Trust Co. already produced Section 9905 of the Compiled Nevada laws twice before
the courts below. As Nevada law does not impose compulsory heirs, project partition valid

Discussion

-Old Civil Law applicable: died 1944 while NCC applied 1945

Old civil code provides that the ff would be governed by the national law of the person whose
succession is in order:

*order of succession

*extent of successional rights

*intrinsic validity of provisions of the will

-Here, CO Bohanan was a NEVADAn citizen.

-Nevada laws allow a testator to dispose of all his properties by will.

-to prove foreign law:

Section 41: an official record/entry…may be evidenced by

*official publication

*copy attested by the officer having legal custody of the record, or by his deputy + (if not kept in RP)
certificate that such officer has custody

-HOW NEVADA LAW recognized

>During the October 1954 hearing of the Motion of Magdalena Bohanan for withdrawal of ther P20k
share, Nevada Law was introduced as Exhibit 2

>During the January 1950 hearing, law was presented as Exhibit B

>Children and widow did not dispute the provisions of the laws of State of Nevada
>>>SO HERE, court decided to take judicial notice of the Nevada law, as presented in the earlier stages
of the case

The case falls under any of the exceptions to the application of foreign law:

...when foreign law is

(1) contrary to an important public policy of the forum

(2) penal in nature

(3) procedural in nature

(4) purely fiscal/administrative in nature

(5) (will) work undeniable injustice to the citizens of the forum

(6) case involves real/personal property situated in theforum

(7) application of foreign law might endanger vital interest of the state (forum)

(8) contrary to good morals