1) Dr. Jose Cunanan and his wife Dr. Evelyn Cunanan both executed wills in New York where they resided. After their death in a fire, their wills were probated in New York.
2) Salud Perez, Dr. Evelyn's mother, sought to have the wills reprobated in the Philippines. However, she failed to present evidence that the wills conformed with New York law and failed to notify Dr. Jose's heirs.
3) The court ruled that for wills of non-resident aliens to be effective in the Philippines, they must conform with the formalities of the place of execution or Philippines law. Both wills should also be jointly
1) Dr. Jose Cunanan and his wife Dr. Evelyn Cunanan both executed wills in New York where they resided. After their death in a fire, their wills were probated in New York.
2) Salud Perez, Dr. Evelyn's mother, sought to have the wills reprobated in the Philippines. However, she failed to present evidence that the wills conformed with New York law and failed to notify Dr. Jose's heirs.
3) The court ruled that for wills of non-resident aliens to be effective in the Philippines, they must conform with the formalities of the place of execution or Philippines law. Both wills should also be jointly
1) Dr. Jose Cunanan and his wife Dr. Evelyn Cunanan both executed wills in New York where they resided. After their death in a fire, their wills were probated in New York.
2) Salud Perez, Dr. Evelyn's mother, sought to have the wills reprobated in the Philippines. However, she failed to present evidence that the wills conformed with New York law and failed to notify Dr. Jose's heirs.
3) The court ruled that for wills of non-resident aliens to be effective in the Philippines, they must conform with the formalities of the place of execution or Philippines law. Both wills should also be jointly
1) Dr. Jose Cunanan and his wife Dr. Evelyn Cunanan both executed wills in New York where they resided. After their death in a fire, their wills were probated in New York.
2) Salud Perez, Dr. Evelyn's mother, sought to have the wills reprobated in the Philippines. However, she failed to present evidence that the wills conformed with New York law and failed to notify Dr. Jose's heirs.
3) The court ruled that for wills of non-resident aliens to be effective in the Philippines, they must conform with the formalities of the place of execution or Philippines law. Both wills should also be jointly
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SALUD TEODORO VDA. DE PEREZ v. HON. ZOTICO A.
TOLETE G.R. No. 76714, June 2, 1994 Doctrine: Proof that wills executed abroad conform with the formalities prescribed by laws in the foreign jurisdiction or by Philippine laws is imperative.
Recit-ready: Dr. Jose Cunanan and his wife Dr. Evelyn Cunanan both executed a will in New York. Later, they died due to a fire that gutted their home. Dr. Rafael Cunanan (trustee) filed for separate proceedings of the wills. Salud Perez Evelyn’s mother filed a petition for reprobate in Bulacan. Dr. Rafael opposed saying that the Salud was not an heir and futher contended that since the wills were executed in New York, New York law should govern. It was ruled that the respective wills of the Cunanan spouses, will only be effective in this country upon compliance with the following provision of the Civil Code of the Philippines (Art. 816). Facts: Dr. Jose Cunanan and his wife, Dr. Evelyn Perez-Cunanan, who became American citizens and residents of New York, each executed a will also in New York, containing provisions on presumption of survivorship (in the event that it is not known which one of the spouses died first, the husband shall be presumed to have predeceased his wife). Later, Dr. Cunanan and his entire family perished when they were trapped by fire that gutted their home. Thereafter, Dr. Rafael G. Cunanan, Jr. as trustee and substitute executor of the two wills, filed separate proceedings for the probate thereof with the Surrogate Court of the County of Onondaga, New York. Subsequently, these two wills were admitted to probate and letters testamentary were issued in his favor.
Later, Salud Perez (Dr. Evelyn Cunanan’s mother), filed with RTC Bulacan a petition for the reprobate of the two bills ancillary to the probate proceedings in New York.
Dr. Rafael Cunanan opposed, arguing that Salud was not an heir according to New York law. He contended that since the wills were executed in New York, New York law should govern. He further argued that, by New York law, he and his brothers and sisters were Jose’s heirs and as such entitled to notice of the reprobate proceedings, which Salud failed to give.
For her part, Salud said she was the sole heir of her daughter, Evelyn, and that the two wills were in accordance with New York law. But before she could present evidence to prove the law of New York, the reprobate court already issued an order, disallowing the wills.
Issue: Whether or not the reprobate of the wills should be allowed
Ruling: Extrinsic Validity of Wills of Non-Resident Aliens The respective wills of the Cunanan spouses, who were American citizens, will only be effective in this country upon compliance with the following provision of the Civil Code of the Philippines: Art. 816. The will of an alien who is abroad produces effect in the Philippines if made with the formalities prescribed by the law of the place in which he resides, or according to the formalities observed in his country, or in conformity with those which this Code prescribes. Thus, proof that both wills conform with the formalities prescribed by New York laws or by Philippine laws is imperative.
Evidence for Reprobate of Wills Probated outside the Philippines
The evidence necessary for the reprobate or allowance of wills which have been probated outside of the Philippines are as follows: (1) the due execution of the will in accordance with the foreign laws; (2) the testator has his domicile in the foreign country and not in the Philippines; (3) the will has been admitted to probate in such country; (4) the fact that the foreign tribunal is a probate court, and (5) the laws of a foreign country on procedure and allowance of wills. Except for the first and last requirements, the petitioner submitted all the needed evidence. The necessity of presenting evidence on the foreign laws upon which the probate in the foreign country is based is impelled by the fact that our courts cannot take judicial notice of them. Petitioner must have perceived this omission as in fact she moved for more time to submit the pertinent procedural and substantive New York laws but which request respondent Judge just glossed over. While the probate of a will is a special proceeding wherein courts should relax the rules on evidence, the goal is to receive the best evidence of which the matter is susceptible before a purported will is probated or denied probate. There is merit in petitioner’s insistence that the separate wills of the Cunanan spouses should be probated jointly. Respondent Judge’s view that the Rules on allowance of wills is couched in singular terms and therefore should be interpreted to mean that there should be separate probate proceedings for the wills of the Cunanan spouses is too literal and simplistic an approach. Such view overlooks the provisions of Section 2, Rule 1 of the Revised Rules of Court, which advise that the rules shall be "liberally construed in order to promote their object and to assist the parties in obtaining just, speedy, and inexpensive determination of every action and proceeding." A literal application of the Rules should be avoided if they would only result in the delay in the administration of justice. What the law expressly prohibits is the making of joint wills either for the testator’s reciprocal benefit or for the benefit of a third person (Civil Code of the Philippines, Article 818). In the case at bench, the Cunanan spouses executed separate wills. Since the two wills contain essentially the same provisions and pertain to property which in all probability are conjugal in nature, practical considerations dictate their joint probate. As this Court has held a number of times, it will always strive to settle the entire controversy in a single proceeding leaving no root or branch to bear the seeds of future litigation.
On Lack of Notice to Jose’s Heirs
This petition cannot be completely resolved without touching on a very glaring fact — petitioner has always considered herself the sole heir of Dr. Evelyn Perez Cunanan and because she does not consider herself an heir of Dr. Jose F. Cunanan, she noticeably failed to notify his heirs of the filing of the proceedings. Thus, even in the instant petition, she only impleaded respondent Judge, forgetting that a judge whose order is being assailed is merely a nominal or formal party. The rule that the court having jurisdiction over the reprobate of a will shall "cause notice thereof to be given as in case of an original will presented for allowance" (Revised Rules of Court, Rule 27, Section 2) means that with regard to notices, the will probated abroad should be treated as if it were an "original will" or a will that is presented for probate for the first time. Accordingly, compliance with Sections 3 and 4 of Rule 76, which require publication and notice by mail or personally to the "known heirs, legatees, and devisees of the testator resident in the Philippines" and to the executor, if he is not the petitioner, are required. The brothers and sisters of Dr. Jose F. Cunanan, contrary to petitioner's claim, are entitled to notices of the time and place for proving the wills. Under Section 4 of Rule 76 of the Revised Rules of Court, the "court shall also cause copies of the notice of the time and place fixed for proving the will to be addressed to the designated or other known heirs, legatees, and devisees of the testator, . . . " The questioned Order is SET ASIDE. Respondent Judge shall allow petitioner reasonable time within which to submit evidence needed for the joint probate of the wills of the Cunanan spouses and see to it that the brothers and sisters of Dr. Jose F. Cunanan are given all notices and copies of all pleadings pertinent to the probate proceedings.
