Spec Pro Class 2020

Facts:

The spouses Dr. Jose F. Cunanan and his wife, Dr. Evelyn Perez-Cunanan, who become america citizens, they have established a successful medical practice in New York.

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The spouses lived with their children namely Jocelyn, Jacqueline and Josephine.

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On August 23, 1979 Dr. Jose F. Cunanan Executed a Last Will and Testament, he bequeath all remainder properties, real and personal, at the time of his death "wheresoever situated".

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And also his wife executed a Last Will and Testament having a provisions on presumption of survivorship ( in  the event that is not known which one of them, the spouses, who died first, the husband shall be presumed to have predeceased his wife).

 

On January 9, 1982, Dr. Cunanan and his entire Family perished when they were trapped  by fire gutted their home.

 

After their death, Dr. Rafael G. Cunanan the executor of the two wills filed the probate of the same in New Your and thereafter admitted to probate and letters of Testamentary were issued in his favor.

 

Then later, Evelyn's mother, Salud Perez, filed a petition for reprobate in Bulacan. Then Rafael opposed, arguing that:

                a. Salud was not an heir according to the New York law.

                b. He also argued that since the will was executed in New York, New York     

                    law will govern.

                c. and lastly, under the New York law he and his brothers and sisters were     

                   Jose's heirs and entitle to notice of the reprobate proceedings, which   

                   Salud failed to give under Section 4, Rule 76 of Rules of Court.

 

Salud also contends that she is the sole heir of her daughter, Dr. Evelyn Perez - Cunanan, and that the heirs of Dr. Jose F. Cunanan must be excluded. hence they were strangers to the case and not entitled to proceedings and notice.

 

ISSUE:

            1. Whether or not the will must be probated.

            2. Whether or not the heirs of Dr. Jose F. Cunanan was entitle for Notice in the said proceedings.

 

Rulings:

As to the first issue: The wills of the Cunanan spouses will only be effective in this country upon compliance with the provisions of the civil code of the Philippines.

 

Article 816 : The will of an alien who is abroad produces effect in the Philippines if made with the formalities prescribed by law of the place in which he resides, according to the formalities required by law of his country, or in conformity with those this code prescribes.

 

The evidence necessary for the reprobate or allowance of the will probated outside the Philippines are as follows:

           a. the due execution of the will in accordance with the foreign law.

           b. the testator has a domicile in the foreign country and not in the Philippines.

           c. that the will has admitted to probate in such country.

           d. the fact that the foreign tribunal is a probate court.

           e. laws of the foreign country on procedure and allowance of will.

         

In this case, except for the last and first requirement, petitioned submitted all the needed evidence.

          

There is a necessity of proving or presenting evidence of the foreign laws because our courts cannot take judicial notice of them.

 

As to the second issue:

 

The rule that the court having jurisdiction over the reprobate of a will shall cause notice thereof

 

Hence the heirs of Jose F. Cunanan were entitled for such notice.

 

Wherefore, the questioned order is set aside, Respondent judge shall allow the petitioned reasonable time within which to submit evidence needed for the joint probate of wills of the Cunanan spouses and see to it that the brothers and sisters of Dr. Jose of Cunanan are given all notices and copies of all pleadings pertinent to the probate proceedings.