Vda de Perez v Tolete

FACTS:
Jose and Evelyn Cunanan lived in NY w/ 3 children (already naturalized, working
as doctors). Jose executed a will wherein he bequeathed all the remainder of the real and
personal property "wherever situated" to his wife
-if ever Evelyn dies first, Jose's properties would go to his children and
grandchildren upon his death, with his brother Rafael as trustee
-Evelyn also executed her own will. In both wills, it was stated that if the two of
them died at the same time, it would be presumed that Jose died first.
Sadly, the whole Cunanan family died in a fire in 1982. Rafael filed separate
proceedings for the probate of the 2 wills (Jose's and Evelyn's) in NY
-both wills admitted to probate, letters testamentary issued to Rafael
In 1983, Salud Perez (mother of Evelyn) filed a petition to reprobate the wills,
asked that she be appointed the administratrix
RTC of Bulacan: Approved the petition, made her the administratrix of the Cunanan's
properties
Acts of administration:
 Motion praying that the proceeds of the insurance made by Jose in favor
of Evelyn and their children be delivered to her
 Motion that Rafael be ordered to give her bank deposits and certificates
amounting to about P38k
Rafael contested proceedings in RP:
 Salud is not an heir
 Wills of Jose and Evelyn, who were both American citizens, were
executed in accordance with the formalities of NY law

ISSUE: Whether or not the wills of the Cunanan spouses may be made effective in RP?

HELD:
YES, provided follow rules of court.
 When are wills executed by aliens abroad effective in RP? Art 816: if
made with the formalities prescribed
a. by the law of the place in which he resides
a. in his country
a. By NCC
 Evidence necessary for the reprobate or allowance of wills
a. Due execution of the will in accordance with the foreign laws
a. Testator has his domicile in the foreign country (not in RP)
a. The will has been admitted to probate in such country
a. The fact that the foreign tribunal is a probate court
a. The laws of a foreign country on procedure and allowance of wills
 HERE: all except first and last were proven by evidence
 Why need to present evidence of the contents of the foreign law? RP
courts cannot take jurisdiction of foreign laws
  Wills of the Cunanan Spouses should be probated jointly (but it doesn't
mean that it's a joint will):
a. construe rules liberally in order to promote their object and to
assist the parties in obtaining just, speedy and inexpensive
determination of every action and proceeding
a. No Joint wills: the Cunanan spouses executed SEPARATE
WILLS. Since the 2 wills contain essentially the same provisions
and pertain to property which in all probability are conjugal
 NOTICE should have been given by Mrs. Perez to the other Cunanan
Heirs:
a. they are also heirs of Jose Cunanan
b. As regard to notices, the will probated abroad should be treated as
if it were an "original will" or a will that is presented for probate
for the first time

Disposition: Remand case, submit evidence necessary (under item 2, a and e) and give
notice to the other heirs