PALAGANAS V.

PALAGANAS

Summary: Ruperta, a naturalized US citizen, executed a will in the US, but left properties in the
US. Her brother Ernesto filed for the probate of the will. Her nephews opposed, arguing that the
will should be probated in the US, where it was executed. RTC admitted it into probate, CA
affirmed, SC affirmed.

Doctrine: A foreign will can be given effect in our jurisdiction. To do this, the Rules do not
require proof that the will has already been allowed and probated in the country of its execution.
They merely require that the petition for the allowance of the will show, among others, the
jurisdictional facts.

Facts:
● Ruperta Palaganas, a Filipino who became a naturalized US citizen, died single and
childless. She named her brother Sergio as executor of her will since she left properties
in the Philippines.
● Respondent Ernesto, another brother of the deceased, filed with the RTC of Malolos,
Bulacan a petition for the probate of Ruperta’s will and for his appointment as special
administrator of her estate.
● Petitioners Manuel and Benjamin, nephews of the deceased, opposed the petition on the
ground that Ruperta’s will should not be probated in the Philippines, but in the US, where
she executed it.
● RTC: Admitted the will to probate; appointed Ernesto as special administrator at Sergio’s
(US based) request; issued letters of administration to Ernesto.
● CA: Affirmed the RTC.

Issue and Held:

● WoN a will executed by a foreigner abroad may be probated in the Philippines although
it has not been previously probated and allowed in the country where it was executed-
YES.
○ Petitioners: Wills executed by foreigners abroad must first be probated and
allowed in the country of its execution before it can be probated here.
○ SC: Our laws do not prohibit the probate of wills executed by foreigners abroad
although the same have not as yet been probated and allowed in the countries of
their execution. A foreign will can be given legal effects in our jurisdiction (Art.
816, NCC).
○ The ROC provides that if the decedent is an inhabitant of a foreign country, the
RTC of the province where he has an estate may take cognizance of the
settlement of such estate.
○ Our rules merely require that the petition for the allowance of a will must show,
so far as known to the petitioner:
■ The jurisdictional facts- the fact of death of the decedent, his residence at
the time of death in the province where the probate court is sitting, or if he
is an inhabitant of a foreign country, the estate he left in such province.
 ■ Names, ages, residences of the heirs, legatees, devisees
■ Probable value and character of the property of the estate
■ Name of the person for whom the letters are paid
■ If the will has not been delivered to the court, the name of the person
having custody of it
○ The rules do not require proof that the foreign will has already been allowed and
probated in the country of its execution.
■ This refers to reprobate of a will. This is different from probate of will,
since the former refers to reauthentication of a will already probated,
while the latter refers to the presentation of a will before a competent
court for the first time.

Ruling:
● Petition denied.