In re: Testate Estate of the deceased JOSE B. SUNTAY. SILVINO SUNTAY, petitioner-appellant, vs.

In re: Intestate Estate of the deceased JOSE B. SUNTAY, FEDERICO C. SUNTAY, administrator-appellee./1954, J. Padilla. Doctrine: There are matters to be established in order to prove a will proved outside the Philippines, among these are: (a) that the foreign court was, under the laws of said foreign country, a probate court with jurisdiction over the proceedings; (b) the law of the foreign country on procedure in the probate or allowance of wills; (c) the legal requirements for the execution of a valid will in such foreign country. Note: In the absence of proof of the foreign law, it is presumed that it is the same as that in the Philippines. Facts: - Jose B. Suntay, a Filipino resident citizen, died in city of Amoy, Fookien province, Republic of China. He entered into a contract of marriage twice in his lifetime. - He had children, including the administrator-appellee Federico, with the late Manuela T. Cruz. He also had a son herein petitioner-appellant Silvino with Maria Natividad Lim Billian who survived him. - Intestate proceedings were instituted in the Court of First Instance of Bulacan (special proceedings No. 4892). After the death of Apolonio Suntay, Federico C. Suntay was appointed administrator of the estate. - On 15 October 1934 the surviving widow filed a petition in the Court of First Instance of Bulacan for the probate of a last will and testament claimed to have been executed and signed in the Philippines in November 1929 by the late Jose B. Suntay. But it was denied because of the loss of said will after the filing of the petition and before the hearing thereof and of the insufficiency of the evidence to establish the loss of the said will. Appeal was taken and SC remanded the case to CFI Bulacan upon the finding that the evidence is sufficient to prove the loss of the will. - Nonetheless, the probate court denied motion for continuance of the hearing by the surviving widow and dismissed the petition. In the meantime Pacific War supervened. - After liberation, Silvino Suntay filed a petition in the intestate proceedings praying for the probate of the will executed in the Philippines in November 1929 (Exhibit B) or of the will executed in Amoy, Fookien, China, on 4 January 1931 (Exhibit N). He claimed that he had found among the files, records and documents of his late father a will and testament in Chinese characters executed and signed by the deceased on 4 January 1931 and that the same was filed, recorded and probated in the Amoy district court, Province of Fookien, China. - The witnesses who testified to the provisions of the lost will are Go Toh, an attesting witness, Anastacio Teodoro and Ana Suntay. Manuel Lopez, who was an attesting witness to the lost will, was dead at the time of the hearing of this alternative petition. - CFI disallowed the alleged last will and testament executed in November 1929 and the alleged last will and testament executed in Amoy, China. Issue (TOPICAL): WON the last will and testament executed in Amoy, China should be allowed and recorded by the CFI? [NO, because certain facts as to the due execution of the China will were not established.] Ratio: As to the will claimed to have been executed on 4 January 1931 in Amoy, China, the law on the point in Rule 78. Section 1 of the rule provides: Wills proved and allowed in a foreign country, according to the laws of such country, may be allowed, filed, and recorded by the proper Court of First Instance in the Philippines. Section 2 provides: When a copy of such will and the allowance thereof, duly authenticated, is filed with a petition for allowance in the Philippines, by the executor or other person interested, in the court having jurisdiction, such court shall fix a time and place for the hearing, and cause notice thereof to be given as in case of an original will presented for allowance. Section 3 provides: If it appears at the hearing that the will should be allowed in the Philippines, the court shall so allow it, and a certificate of its allowance, signed by the Judge, and attested by the seal of the courts, to which shall be attached a copy of the will, shall be filed and recorded by the clerk, and the will shall have the same effect as if originally proved and allowed in such court. 1. The fact that the municipal district court of Amoy, China, is a probate court must be proved. The law of China on procedure in the probate or allowance of wills must also be proved. The legal requirements for the execution of a valid will in China in 1931 should also be established by competent evidence. There is no proof on these points. 2. The unverified answers to the questions propounded by counsel for the appellant to the Consul General of the Republic of China set forth in Exhibits R-1 and R-2, objected to by counsel for the appellee, are inadmissible, because apart from the fact that the office of Consul General does not qualify and make the person who holds it an

expert on the Chinese law on procedure in probate matters, if the same be admitted, the adverse party would be deprived of his right to confront and cross-examine the witness. Consuls are appointed to attend to trade matters. 3. Moreover, it appears that all the proceedings had in the municipal district court of Amoy were for the purpose of taking the testimony of two attesting witnesses to the will and that the order of the municipal district court of Amoy does not purport to probate the will. In the absence of proof that the municipal district court of Amoy is a probate court and on the Chinese law of procedure in probate matters, it may be presumed that the proceedings in the matter of probating or allowing a will in the Chinese courts are the same as those provided for in our laws on the subject. It is a proceedings in rem and for the validity of such proceedings personal notice or by publication or both to all interested parties must be made. The interested parties in the case were known to reside in the Philippines. The evidence shows that no such notice was received by the interested parties residing in the. 4. The proceedings had in the municipal district court of Amoy, China, may be likened to a deposition or to a perpetuation of testimony, and even if it were so it does not measure or come up to the standard of such proceedings in the Philippines for lack of notice to all interested parties and the proceedings were held at the back of such interested parties. Decision: The order of the municipal district court of Amoy, China does not purport to probate or allow the will which was the subject of the proceedings. In view thereof, the will and the alleged probate thereof cannot be said to have been done in accordance with the accepted basic and fundamental concepts and principles followed in the probate and allowance of wills. Consequently, the authenticated transcript of proceedings held in the municipal district court of Amoy, China, cannot be deemed and accepted as proceedings leading to the probate or allowance of a will and, therefore, the will referred to therein cannot be allowed, filed and recorded by a competent court of this country. Digested by: Carla Badi