Polly cayetano vs. Hon.

Tomas Leonidas

May 30, 1984 GR No. L-54919

FACTS:

Adoracion Campos died, leaving her father Hermogenes Campos and her sister Nenita Paguia,
Remedios Lopez, and Marieta Medina as surviving heirs. Since Hermogenes was the only compulsory
heir, he executed an affidavit of adjudication under Rule 74 of the Rules of Court, where he adjudicated
the ownership of the estate unto himself.

Aftterwards, Nenita Paguia filed for a reprobate of the will which was allegedly done in the US.
Nenita did this because she wanted to be the administrator of the estate. Nenita alleges that the
testatrix was an American citizen, and that the will was probated in Philadelphia, USA.

An opposition was filed by Polly Cayetano on the ground that there are allegations that the will was
a forgery and some of its provisions were considered as void.

There was a Motion to Dismiss filed. The trial court held that the it was established that Adoracion’s
nationality was established to be American, and that the will was created in the US. The will was
admitted to probate in the Philippines, and Nenita Paguia was appointed the administratrix.
Hermogenes Campos filed a petition for relief stating that he was under duress during the time when he
filed the withdrawal of his opposition of the probate of the will.

Hermogenes only argued the validity of his motion, but did not present evidence, therefor, the trial
court denied the petition for relief. Hermogenes soon died afterwards, leaving a will, and stating therein
that Polly Cayetano was to be appointed as the executrix.

ISSUES:

Whether or not the fact that judge Leonidas allowed the reprobate of Adoracion’s will,
Hermogenes Campos was divested of his legitime?

RULING:

Although it initially appeared that there was preterition, the fact that Adoracion was an American
citizen at the time of her death. Therefore Art 16 and Art 1039 of the New Civil Code will apply.

That means the law that will govern is the law of Pennsylvania, USA. The settled rule is that the rules
regarding the intrinsic validity of a will, the national law of the decedent must apply. This is also
provided in the provisions of Art 16 and Art 1039 of the New Civil Code. Whatever public policy or good
customs or systems of legitimes maybe involved in the Philippine system of legitimes, congress never
intended to extend such successional rights to foreign nationals.

Petition for certiorari and prohibition dismissed.