Ancheta vs. Guersey-Dalaygon (GR No.

139868; June 8, 2006)

Facts:
American citizens, spouses Audrey O’Neill and W. Richard Guersey, were
residents in the Philippines for 30 years. They have an adopted daughter,
Kyle Guersey Hill (Kyle). Audrey died in 1979 leaving a will wherein she
bequeathed her entire estate to Richard consisting of her conjugal share in
real estate in Forbes Park, a bank account, cash balance and shares of stock in
A/G Interiors.

Two years later, Richard married Candelaria Guersey-Dalaygon. Four years

thereafter, Richard died and left a will wherein he bequeathed his entire
estate to Candelaria, except for his shares in A/G, which he left to his adopted
daughter. Audrey’s will was admitted to probate in CFI Rizal. Inventory was
taken on their conjugal properties. Ancheta, as the administrator, filed for a
partition of the first wife’s estate. The will was also admitted in a court in her
native land (Maryland).

Petitioner, as ancillary administrator in the court where Audrey’s will was

admitted to probate, filed a motion to declare Richard and Kyle as heirs of
Audrey and a project of partition of Audrey’s estate. The motion and project of
partition were granted. Meanwhile, the ancillary administrator with regards
to Richard’s will also filed a project of partition, leaving 2/5 of Richard’s
undivided interest in the Forbes property was allocated to respondent
Candelaria, while 3/5 thereof was allocated to their three children.
Respondent opposed on the ground that under the law of the State of
Maryland, where Richard was a native of, a legacy passes to the legatee the
entire interest of the testator in the property subject to the legacy.

Issue:
1) Whether or not the properties in issue should be governed by the law
where the property is situated
2) Whether or not the decree of distribution may still be annulled.
Ruling:
1) Yes, properties in issue should be governed by the law where the property
is situated. However, since the first wife is a foreign national, the intrinsic
validity of her will is governed by her national law. The national law of the
person who made the will shall regulate whose succession is in consideration
whatever the nature of the property and regardless of the country where the
property maybe found (Art 16 CC). The first wife’s properties may be found in
the Philippines, however the successional rights over those properties are
governed by the national law of the testator.

2) A decree of distribution of the estate of a deceased person vests the title to

the land of the estate in the distributees, which, if erroneous may be corrected
by a timely appeal. Once it becomes final, its binding effect is like any other
judgment in rem.

However, in exceptional cases, a final decree of distribution of the estate may

be set aside for lack of jurisdiction or fraud. Further, in Ramon vs. Ortuzar, the
Court ruled that a party interested in a probate proceeding may have a final
liquidation set aside when he is left out by reason of circumstances beyond his
control or through mistake or inadvertence not imputable to negligence.

Petitioner’s failure to proficiently manage the distribution of Audrey’s estate

according to the terms of her will and as dictated by the applicable law
amounted to extrinsic fraud.