PANIS, PRINCESS JHENNA DJ.

John Sagun and Maria Carla Camua, British citizens at birth, acquired Philippine citizenship by
naturalization after their marriage. During their marriage, the couple acquired substantial landholdings
in London and in Makati. Maria begot three (3) children, Jorge, Luisito, and Joshur. In one of their trips
to London, the couple executed a joint will appointing each other as their heirs and providing that upon
the death of the survivor between them, the entire estate would go to Jorge and Luisito only but the
two (2) could not dispose of nor divide the London estate as long as they live. John and Maria died
tragically in the London subway terrorist attack in 2005. Jorge and Luisito filed a petition for probate of
their parents’ will before a Makati Regional Trial Court. Joshua vehemently objected because he was
preterited. (1) Should the will be admitted to probate? Explain.

Relevant Facts:

• During the marriage, the couple acquired substantial landholding In London and in Makati

• In one of the trips to London, the couple executed a joint will.

• Jorge and Luisito filed a petition for probate of their parents Will before a Makati Regional
Trial Court. Joshua vehemently objected because he was preterited.

Irrelevant Facts:

• During their marriage, the couple acquired substantial landholdings in London and in Makati.

• John and Maria died tragically in the London subway terrorist attack in 2005

Pertinent Issue:

Should the will be admitted to probate?

Re-stated Issue:

Whether or not The executed joint will be valid in the Philippines

Magic Words:

• Joint will executed by naturalized Filipino Citizen

Legal Basis:

• Art. 818 Two or more persons cannot make a will jointly, or in the same instrument, either for
their reciprocal benefit or for the benefit of a third person.
PANIS, PRINCESS JHENNA DJ.

One-Sentence Answer:

No, Philippine law does not allow a Filipino citizen make a Will in a foreign country even though
it was authorized by the country where it was executed.

Part 2.

A testator may dispose of by will the free portion of his estate. Since the legitime of JCP is 1/8 of
the estate, SGO is 1/4 of the estate and that of HBR and RVC is 1/2 of the hereditary estate. The
remaining 1/8 of the estate is the free portion which the testator may dispose of by will.

Part3.

No, the testamentary dispositions are not valid and effective. Testamentary dispositions must
not impair the legitimes of the testator’s compulsory heirs. There will be 1/2 of the estate to Alex, 1/4 of
the estate each to the three illegitimate children, which shall be proportionally reduced since the
legitimes already exceed the balance of the estate.

Part 4.

7 Million will be given to Santino as a compulsory heir being a legitimate child and the 1 Million
will be given to the priest as legatee. Thus, the share of Santino as legitimate child shall be from their
legitime which constitutes half of the estate at 4 Million addition to the balance of the free portion at 3
Million after deducting the share that goes to the priest at 1 Million. Sara is disqualified from inheriting
on the ground that she is an attesting witness.