Ruperta Palaganas vs. Ernesto PalaganasGR. No. 169144, January 26, 2011, J. ABAD

DOCTRINE: Our laws do not prohibit the probate of wills executed by foreigners abroad although the same have not yet been probated and allowed in the countries of their execution

CASE TITLE: Ruperta Palaganas vs. Ernesto Palaganas GR. No. 169144, January 26, 2011, J. ABAD

FACTS

Ruperta C. Palaganas (Ruperta), a Filipino who became a naturalized United States (U.S.) citizen, died single and childless. In the last will and testament, she executed in California, she designated her brother, Sergio C. Palaganas (Sergio), as the executor of her will for she had left properties in the Philippines and in the U.S. Respondent Ernesto C. Palaganas (Ernesto), another brother of Ruperta, filed with the Regional Trial Court (RTC) of Malolos, Bulacan, a petition for the probate of Ruperta’s will and for his appointment as special administrator of her estate.1 On October 15, 2003, however, petitioners Manuel Miguel Palaganas (Manuel) and Benjamin Gregorio Palaganas (Benjamin), nephews of Ruperta, opposed the petition on the ground that Ruperta’s will should not be probated in the Philippines but in the U.S. where she executed it. Manuel and Benjamin added that, assuming Ruperta’s will could be probated in the Philippines, it is invalid nonetheless for having been executed under duress and without the testator’s full understanding of the consequences of such act. Ernesto, they claimed, is also not qualified to act as administrator of the estate. The RTC issued an order:2 (a) admitting to probate Ruperta’s last will; (b) appointing respondent Ernesto as special administrator at the request of Sergio, the U.S.-based executor designated in the will; and (c) issuing the Letters of Special Administration to Ernesto. Aggrieved by the RTC’s order, petitioner nephews Manuel and Benjamin appealed to the Court of Appeals (CA), arguing that an unprobated will executed by an American citizen in the U.S. cannot be probated for the first time in the Philippines. The CA rendered a decision, affirming the assailed order of the RTC,5 holding that the RTC properly allowed the probate of the will, subject to respondent Ernesto’s submission of the authenticated copies of the documents specified in the order and his posting of required bond. The CA pointed out that Section 2, Rule 76 of the Rules of Court does not require prior probate and allowance of the will in the country of its execution, before it can be probated in the Philippines. ISSUE Whether or not a will executed by a foreigner abroad may be probated in the Philippines although it has not been previously probated and allowed in the country where it was executed. HELD Yes. Our laws do not prohibit the probate of wills executed by foreigners abroad although the same have not yet been probated and allowed in the countries of their execution. A foreign will can be given legal effects in our jurisdiction. Article 816 of the Civil Code states that the will of an alien who is abroad produces effect in the Philippines if made in accordance with the formalities prescribed by the law of the place where he resides, or according to the formalities observed in his country. Our rules require merely that the petition for the allowance of a will must show, so far as known to the petitioner: (a) the jurisdictional facts; (b) the names, ages, and residences of the heirs, legatees, and devisees of the testator or decedent; (c) the probable value and character of the property of the estate; (d) the name of the person for whom letters are prayed; and (e) if the will has not been delivered to the court, the name of the person having custody of it. Jurisdictional facts refer to the fact of death of the decedent, his residence at the time of his death in the province where the probate court is sitting, or if he is an inhabitant of a foreign country, the estate he left in such province. Therefore, the rules do not require proof that the foreign will has already been allowed and probated in the country of its execution.