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POEA ET AL
MARCH 28, 2013 ~ VBDIAZ
G.R. No. L-23678 (June 6, 1967)
Bellis vs. Bellis
FACTS:
Amos G. Bellis was a citizen of the State of Texas
and of the United States. He had five legitimate
children with his first wife (whom he divorced), three
legitimate children with his second wife (who
survived him) and, finally, three illegitimate children.
6 years prior Amos Bellis death, he executed
two(2) wills, apportioning the remainder of his estate
and properties to his seven surviving children. The
appellants filed their oppositions to the project of
partition claiming that they have been deprived of
their legitimes to which they were entitled according
to the Philippine law. Appellants argued that the
deceased wanted his Philippine estate to be governed
by the Philippine law, thus the creation of two
separate wills.
ISSUE:
Whether or not the Philippine law be applied in the
case in the determination of the illegitimate
childrens successional rights
RULING:
Court ruled that provision in a foreigners will to
the effect that his properties shall be distributed in
accordance with Philippine law and not with his
national law, is illegal and void, for his national law
cannot be ignored in view of those matters that
Article 10 now Article 16 of the Civil Code
states said national law should govern.
Where the testator was a citizen of Texas and
domiciled in Texas, the intrinsic validity of his will
should be governed by his national law. Since Texas
law does not require legitimes, then his will, which
deprived his illegitimate children of the legitimes, is
valid.