TESTATE ESTATE OF AMOS G. BELLIS, deceased.

PEOPLE'S BANK and TRUST COMPANY, executor.

MARIA CRISTINA BELLIS and MIRIAM PALMA BELLIS, oppositors-appellants,
vs.
EDWARD A. BELLIS, ET AL., heirs-appellees.

G.R. No. L-23678 June 6, 1967

Facts:

1. The bone of contention of herein case rises from the estate of the deceased Amos Bellis. He is a
a citizen of Texas and a resident of Texas. Herein testator have seven (7) legitimate children in
his 1st and 2nd marriage and three (3) illegitimate children in the Philippines.

2. In the probated will of the deceased, the illegitimate children were only given 120,000.00 pesos
with the remaining part of the estate going to the legitimate children in equal shares.

3. Two of the illegitimate children opposed the partition alleging among others that the Philippine
Law should govern the partition as anchored under Article 16 in relation to Article 17 of the Civil
Code and not the Texan Law.

Issue: WoN herein oppositors are correct in claiming that Philippine Laws must govern the partition?

Held:

Oppositors’ claim cannot stand.

In the partition of the estate of the testator, lex nationalii applies as stated in Article 16, par. 2, and Art.
1039 of the Civil Code, render applicable the national law of the decedent, in intestate or testamentary
successions, with regard to four items: (a) the order of succession; (b) the amount of successional rights;
(e) the intrinsic validity of the provisions of the will; and (d) the capacity to succeed.

Moreover, the alleged intention of the testator to the effect that his properties shall be distributed in
accordance with Philippine law and not with his national law, is illegal and void, for his national law
cannot be ignored in regard to those matters that Article 10 — now Article 16 — of the Civil Code states
said national law should govern.

Texan law applies.