SUNTAY VS SUNTAY

Statement of 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.

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

Ruling of the Court: 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.