Polly Cayetano vs. Hon. Tomas T. Leonides

10. Polly Cayetano vs. Hon. Tomas T.
Leonides presentation of evidence for the reprobate of the questioned will was
made.
SUBMITTED BY: Bianca Tinimbang 7. Respondent judge issued an order: Last Will and Testament of the
late Adoracion C. Campos is hereby admitted to and allowed
FACTS:
probate in the Philippines, and Nenita Campos Paguia is hereby
1. January 1977, Adoracion C. Campos died, leaving her father, appointed Administratrix of the estate of said decedent.
petitioner daddy CAMPOS and her sisters, private respondents 8. Petitioner Campos filed a manifestation withdrawing his opposition.
PAGUIA, LOPEZ and MEDINA as the surviving heirs. 9. Later, filed a petition for relief, on the ground that the withdrawal of
2. As CAMPOS was the only compulsory heir, he executed an Affidavit his opposition to the same was secured through fraudulent means.
of Adjudication under Rule 74, Section I of the ROC whereby he 10. Respondent judge issued an order dismissing the petition for relief
adjudicated unto himself the ownership of the entire estate of the for failure to present evidence in support thereof.
late Adoracion Campos. 11. Petitioner filed a motion for reconsideration but the same was
3. In November 1977, PAGUIA filed a petition for the reprobate of a will denied.
of the deceased, Adoracion Campos, which was allegedly executed 12. Hence, this petition.
in the United States and for her appointment as administratrix of the 13. Later, in June 1982, petitioner Hermogenes Campos died and left a
estate of the deceased testatrix. will, which, incidentally has been questioned by the respondent, as
4. PAGUIA alleged that: on its face, patently null and void, appointing Polly Cayetano as
a. ADORACION CAMPOS was an American citizen at the the executrix of his last will and testament.
time of her death and was a permanent resident of 14. Cayetano, therefore, filed a motion to substitute herself as petitioner
Pennsylvania, U.S.A.; in the instant case which was granted by the court.
b. that the she died in Manila while temporarily residing with
her sister at Malate, Manila;
ISSUE: WON the provisions of the will are valid? [NO]
c. that during her lifetime, she made her last will and
testament on July 10, 1975, according to the laws of RULING:
Pennsylvania, U.S.A., nominating Wilfredo Barzaga of New
Jersey as executor; GR: the probate court’s authority is limited only to the extrinsic validity of
d. that after her death, her last will and testament was the will, the due execution thereof, the testatrix’s testamentary capacity and
presented, probated, allowed, and registered with the the compliance with the requisites or solemnities prescribed by law. The
Registry of Wins at the County of Philadelphia, U.S.A., intrinsic validity of the will normally comes only after the court has declared
e. that Clement L. McLaughlin, the administrator who was that the will has been duly authenticated.
appointed after Dr. Barzaga had declined and waived his
appointment as executor in favor of the former, is also a E: where practical considerations demand that the intrinsic validity of the will
resident of Philadelphia, U.S.A., and eventually distribute be passed upon, even before it is probated, the court should meet the issue
the properties of the estate located in the Philippines.
5. An opposition to the reprobate of the will was filed and stated that In the case at bar, the petitioner maintains that since the respondent judge
CAMPOS has every reason to believe that: allowed the reprobate of Adoracion's will, Hermogenes C. Campos was
a. the will in question is a forgery; divested of his legitime which was reserved by the law for him.
b. that the intrinsic provisions of the will are null and void; and
c. that even if pertinent American laws on intrinsic provisions The Court ruled against the contention that Hermogenes was divested of his
are invoked, the same could not apply inasmuch as they legitime which was reserved by the law for him
would work injustice and injury to him
6. CAMPOS through his counsel, Atty. Loyola, filed a Motion to Private respondents have sufficiently established that Adoracion was, at
Dismiss Opposition that he "has been able to verify the veracity the time of her death, an American. Therefore, under Article 16 and 1039
thereof (of the will) and now confirms the same to be truly the of the CC, the law which governs Adoracion Campo’s will is the law of
probated will of his daughter Adoracion." Hence, an ex-parte US
Although the parties admit that the Pennsylvania law does not provide for
legitimes and that all the estate may be given away by the testatrix to a
complete stranger, the petitioner argues that such law should not apply
because it would be contrary to the sound and established public policy and
would run counter to the specific provisions of Philippine Law.
It is a settled rule that as regards the intrinsic validity of the provisions of the
will, as provided for by Article 16 (2) and 1039 of the Civil Code, the national
law of the decedent must apply
WHEREFORE, the petition for certiorari and prohibition is hereby dismissed

for lack of merit.

Polly Cayetano vs. Hon. Tomas T. Leonides

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10. Polly Cayetano vs. Hon. Tomas T.

WHEREFORE, the petition for certiorari and prohibition is hereby dismissed

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