SALUD TEODORO VDA. DE PEREZ vs. HON. ZOTICO A.

TOLETE
G.R. No.76714, 2 June 1994

Doctrine:

The courts may take cognizance of a will duly probated by a foreign court subject to the requirements that the fact
that it is probated and that it was a valid probate proceedings must be proven before our court.

Facts:

The petitioner was the mother of Dra. Cunanan, the wife of Dr. Cunanan. In their lifetime the husband and wife
enacted a will making each other their respective heirs and in the same will they provided that in case they died in
circumstances where it cannot be determined as to who died first it is presumed that Dr. Cunanan died first. Upon
their death in the fire that engulfed their home they were already citizens of the United States of America. Now since
it was presumed that Dr. Cunanan predeceased his wife in the fire the only heir of Dra. Cunanan was her mother
who petitioned the court for the appointment as the administratrix of the estate which was questioned by the family
of Dr. Cunanan.

Issue:

Whether or not the Courts may be recognize a foreign will which was duly probated in a foreign jurisdiction.

Held:Yes.

a. The courts may take cognizance of a will duly probated by a foreign court subject to the requirements that
the fact that it is probated and that it was a valid probate proceedings must be proven before our court. This
requirement must be satisfied in accordance with the requirements of the Rules of Court. Because in failing
to do so the courts may not be compelled to take cognizance of the subject foreign laws due to the
presumption that they are only familiar with the laws of the country where they exercise jurisdiction. That
being said in this case the petitioner failed to provide the complete set of evidence needed to prove that
there was valid probate. This however is not fatal therefore it is the petitioner may still submit pieces of
evidence to support her claim.

Nuyda