Professional Documents
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MARGARITE AUTEN, Appellant, v. HAROLD AUTEN, Respondent. the agreement. Since the law of England must be applied, and since, at the least, an
issue exists whether the courts of that country treat the commencement of a
Court of Appeals of New York separation action as a repudiation of an earlier-made separation agreement, the
husband's motion for summary judgment, based on his defense of an alleged
308 N.Y. 155; 124 N.E.2d 99; 1954 N.Y. LEXIS 930; 50 A.L.R.2d 246 repudiation by the wife of the separation agreement, should not have been granted.
Judgments reversed, etc. 3. The parties could not have expected or believed that any law other than that of
England would govern the effect of the wife's institution of a separation action.
HEADNOTES: Conflict of laws - husband and wife - repudiation of separation
agreement - (1) wife and husband entered into separation agreement in New York 4. If the rule that matters of performance and breach are governed by the law of the
providing that husband pay stated amount monthly for support of wife and children, place of performance should be applied, the law of England would still control.
that neither should sue in any action relating to separation, and that wife should not
sue in any jurisdiction by reason of prior Mexican divorce; thereafter wife sued for 5. The husband's contention that plaintiff's commencement of the English action
separation in England; action herein by wife to recover arrears due her under amounted to a material breach of his wife's covenant not to sue, barring recovery on
agreement; husband's motion for summary judgment based on defense that wife's the agreement, is also governed by English law.
separation action in England operated as repudiation of agreement, [***2] denied;
law of England applicable and thereunder issue exists as to effect of COUNSEL: Michael Alexander, Bernard B. Smith and Leonard H. Steibel [***5] for
commencement of separation action on separation agreement - (2) under "grouping appellant. I. The effect of the English separation action upon the separation
of contacts" theory of conflict of laws, English law would be applied - (3) parties agreement must be determined in accordance with the rule of law applied by the
could not have expected that law other than English law would be applied - (4) English courts. ( Rennie v. Rennie, 287 N.Y. 86; Lynde v. Lynde, 41 App. Div. 280,
moreover, under rule that matters of performance and breach are governed by law 162 N.Y. 405, 181 U.S. 183; Swift & Co. v. Bankers Trust Co., 280 N.Y.
of place of performance, English law would control - (5) husband's contention that 135; Myles v. Cuba R.R. Co., 182 Misc. 169; Lann v. United States Steel Works
wife's commencement of English action amounted to breach of her covenant not to Corp., 166 Misc. 465; Matter of Palmer, 192 Misc. 385, 275 App. Div.
sue also governed by English law. 792;Graham v. First Nat. Bank of Norfolk, 84 N.Y. 393; Hutchinson v. Ross, 262 N.Y.
381.) II. Even assuming, arguendo, that the effect of the English separation action
1. Defendant husband, who had procured a Mexican divorce, and plaintiff wife upon the separation agreement must be determined in accordance with the rule of
entered into a separation agreement in 1933 in New York providing that the husband law applied by the courts of New York, the judgment of the Appellate Division
pay a stated amount monthly to a New York trustee for the account of his wife, for affirming Special Term cannot be sustained. ( Woods v. Bard, 285 N.Y.
the support of herself and their children; that neither should sue "in any action 11; Krell v. Krell, 192 Misc. 1; Clark v. Kirby, 243 N.Y. 295; Dimick v. Dimick, 230
relating to their separation", and that the wife should not "cause any complaint to be App. Div. 99; Van Horn v. Van Horn, 196 App. Div. 472; Chamberlain v. Cuming, 37
lodged against * * * [the husband], in any jurisdiction, by reason of the said alleged Misc. 815; Estin v. Estin, 296 N.Y. 308, 334 U.S. 541; [***6] Gifford v. Corrigan, 117
divorce". Immediately after the signing of the agreement, the wife returned to N.Y. 257; Rosmarin v. Rosmarin, 238 App. Div. 798; De Brauwere v. De Brauwere,
England, where she [***3] has since lived with the children. In 1934, the wife filed a 203 N.Y. 460; Patino v. Patino, 195 Misc. 887, 278 App. Div. 756, 278 App. Div.
petition for separation in an English court, but the action never proceeded to trial. In 921.)
CONFLICTS OF LAW FEB 23 ASS CASES 1
children. About a year after the agreement had been executed, in August of 1934,
Saul Hammer for respondent. I. The separation agreement sued upon is governed plaintiff filed a petition for separation in an English court, charging defendant with
by the law of the State of New York. ( Bitterman v. Schulman, 265 App. Div. adultery. Defendant was served in New York with process in that suit on December
486; Stumpf v. Hallahan, 101 App. Div. 383, 185 N.Y. 550; Vander Horst v. Kittredge, 4, 1936, and, in July, 1938, an order was entered requiring defendant to pay
229 App. Div. 126; Aronson v. Carobine, 129 Misc. 800; Rennie v. Rennie, 287 N.Y. alimonypendente lite. This English action - which, we are told [*159] never
86.) II. The law of the contract also governs the interpretation and legal effect of any proceeded to trial - was instituted upon advice of English counsel that it "was the
acts urged as a defense or discharge of the agreement. ( Benton v. Safe Deposit only method" by which she "could collect money" from defendant; it was done,
Bank, 255 N.Y. 260; Pritchard v. Norton, 106 U.S. 124.) III. The law of domicile does plaintiff expressly declares, to "enable" her "to enforce" the separation agreement,
not govern. ( Vander Horst v. Kittredge, 229 App. Div. 126; Graham v. First Nat. and not with any thought or intention of repudiating it.
Bank of Norfolk, 84 N.Y. 393; Hutchinson v. Ross, 262 N.Y. 381.) IV. Appellant
repudiated the agreement sued upon by instituting suit against respondent for The years passed, and in 1947, having realized [***10] nothing as a result of the
judicial separation. ( O'Brien v. O'Brien, 252 App. Div. 427; [***7] Hettich v. Hettich, English action and little by reason of the New York separation agreement, plaintiff
278 App. Div. 518; Woods v. Bard, 285 N.Y. 11; Krell v. Krell, 192 Misc. brought the present suit to recover the sum of $26,564, which represents the
1; Schmelzel v. Schmelzel, 287 N.Y. 21; Dimick v. Dimick, 230 App. Div. 99; Van amount allegedly due her, under the agreement, from January 1, 1935 to September
Horn v. Van Horn, 196 App. Div. 472.) V. In any event, appellant's breach of the 1, 1947.
covenants of the agreement barred any subsequent recovery thereunder.
( Duryea v. Bliven, 122 N.Y. 567; Haskell v. Haskell, 207 App. Div. [**101] In his answer, defendant admitted making the agreement, but, by way of a
723;Muth v. Wuest, 76 App. Div. 332; Matter of Noel, 173 Misc. separate defense - one of several - claimed that plaintiff's institution of the
844; Cole v. Addison, 153 Ore. 688; Harwood v. Harwood, 182 Misc. separation suit in England operated as a repudiation of the agreement and effected
130; Roth v. Roth, 77 Misc. 673; Schmidt v. Schmidt, 74 Misc. 423.) VI. No rights a forfeiture of her right to any payments under it. Following a motion by the wife for
survive to appellant after her repudiation of the separation agreement. summary judgment and a cross motion by the husband for like relief, the court at
Special Term granted the husband's cross motion and dismissed the complaint. The
OPINIONBY: FULD Appellate Division affirmed, with leave to the wife, however, to serve an amended
complaint, asserting any cause of action which accrued prior to the date of the
OPINION: [*158] [**100] FULD, J. In this action to recover installments allegedly commencement of the English suit. The ensuing judgment, dismissing all of the
due for support and maintenance under a separation agreement executed in this wife's claims which accrued subsequent to that date, is a final judgment of
state in 1933, the wife's complaint has been dismissed, on motion for summary modification, and the wife's appeal therefrom is properly before us as of right. (306
judgment, upon the ground that her institution of an action for separation in England N.Y. 752; see, also, [***11] Cohen and Karger, Powers of the New York Court of
constituted a repudiation and a rescission of the agreement under New [***8] York Appeals, pp. 88-91, 222-223.)
law. Determination of the appeal, involving as it does a question of conflict of laws,
requires examination of the facts disclosed by the papers before us. Both of the courts below, concluding that New York law was to be applied, held that
under such law plaintiff's commencement of the English action and the award of
Married in England in 1917, Mr. and Mrs. Auten continued to live there with their two temporary alimony constituted a rescission and repudiation of the separation
children until 1931. In that year, according to plaintiff, defendant deserted her, came agreement, requiring dismissal of the complaint. Whether that is the law of this state,
to this country and, in the following year, obtained a Mexican divorce and proceeded or whether something more must be shown to effect a repudiation of the agreement
to "marry" another woman. Unable to come to terms with the ocean between them, (cf. Hettich v. Hettich, 304 N.Y. 8, 13-14; Woods v. Bard, 285 N.Y.
plaintiff made a trip to New York City to see and talk to defendant about adjustment 11; Butler v. Butler, 206 App. Div. 214), need not detain us, since in our view it is the
of their differences. The outcome was the separation agreement of June, 1933, law of England, not that of New York, which is here controlling.
upon which the present action is predicated. It obligated the husband to pay to a
trustee, for the "account of" the wife, who was to return to England, the sum of 50 a Choosing the law to be applied to a contractual transaction with elements in different
month for the support of herself and the children. In addition, the agreement jurisdictions is a matter not free from [*160] difficulty. The New York decisions
provided that the parties were to continue to live separate and apart, that neither evidence a number of different approaches to the question. (See,
should sue "in any action relating to their separation" and that the wife should not e.g., Jones v. Metropolitan Life Ins. Co., 158 Misc. 466.)
"cause any complaint to be lodged against * * * [the husband], in any jurisdiction, by
reason of the said alleged [***9] divorce or remarriage". Most of the cases rely upon the generally accepted rules that "All matters bearing
upon the execution, the interpretation and the validity of contracts [***12] * * * are
Immediately after the agreement was signed, plaintiff returned to England, where determined by the law of the place where the contract is made", while "All matters
she has since lived with her children, and it is alleged by her - but disputed by connected with its performance * * * are regulated by the law of the place where the
defendant - that the latter is also domiciled in that country. Be that as it may, contract, by its terms, is to be performed." ( Swift & Co. v. Bankers Trust Co., 280
defendant failed to live up to his agreement, making but a few payments under it, N.Y. 135, 141; Union Nat. Bank v. Chapman, 169 N.Y. 538, 543; see,
with the result that plaintiff was left more or less destitute in England with the also, Zwirn v. Galento, 288 N.Y. 428; United States Mtge. & Trust Co. v. Ruggles,
CONFLICTS OF LAW FEB 23 ASS CASES 2
258 N.Y. 32, 38; Restatement, Conflict of Laws, 332, 358; Goodrich on Conflict of England, had children there and lived there as a family for fourteen years. It involved
Laws [2d ed., 1938], p. 293.) What constitutes a breach of the contract and what a husband who, according to the papers before us, had willfully deserted and
circumstances excuse a breach are considered matters of performance, governable, abandoned his wife and children in England and was in the United States, when the
within this rule, by the law of the place of performance. (See Richard v. American agreement was signed, merely on a temporary visa. And it concerned an English
Union Bank, 241 N.Y. 163, 166-167; Restatement, Conflict of Laws, 370; wife who came to this country at that time because it was the only way she could
Goodrich, op. cit., p. 293.) see her husband to discuss their differences. The sole [***16] purpose of her trip to
New York was to get defendant to agree to the support of his family, and she
Many cases appear to treat these rules as conclusive. Others consider controlling returned to England immediately after the agreement was executed. While the
the intention of the parties and treat the general rules merely as presumptions or moneys were to be paid through the medium of a New York trustee, such payments
guideposts, to be considered along with all the other circumstances. were "for account of" the wife and children, who, it was thoroughly understood, were
(See Wilson v. Lewiston Mill Co., 150 N.Y. 314, 322- to live in England. The agreement is instinct with that understanding; not only does it
323; Stumpf [***13] v. Hallahan, 101 App. Div. 383, 386, affd. 185 N.Y. speak in terms of English currency in providing for payments to the wife, not only
550;Grand v. Livingston, 4 App. Div. 589, affd. 158 N.Y. 688.) And still other does it recite that the first payment be made to her "immediately before sailing for
decisions, including the most recent one in this court, have resorted to a method - England", but it specifies that the husband may visit the children "if he should go to
first employed to rationalize the results achieved by the courts in decided cases England".
(see Barber Co. v. Hughes, 223 Ind. 570, 586) - which has come to be called the
"center of gravity" or the "grouping of contacts" theory of the conflict of laws. Under n1. Our decision in Rennie v. Rennie (287 N.Y. 86) casts no light on the problem.
this theory, the courts, instead of regarding as conclusive [**102] the parties' The court did not there consider whether it is the law of the place where the
intention or the place of making or performance, lay emphasis rather upon the law of separation agreement was made or of the jurisdiction where the separation suit or
the place "which has the most significant contacts with the matter in dispute". other judicial proceeding was brought which determines the effect that such action
( Rubin v. Irving Trust Co., 305 N.Y. 288, 305; see, also, Jones v. Metropolitan Life may have upon the agreement.
Ins. Co., supra, 158 Misc. 466, 469-470; Jansson v. Swedish American Line, 185 F.
2d 212; [*161] Barber Co. v. Hughes, supra, 223 Ind. 570; Boissevain v. Weil, [**103] In short, then, the agreement determined and fixed the marital
[1949] 1 K.B. 482, 490-492; Cook, "Contracts" and the Conflict of Laws: "Intention" responsibilities of an English husband and father and provided [***17] for the
of the Parties, 32 Ill. L. Rev. 899, 918-919; Harper, Policy Bases of the Conflict of support and maintenance of the allegedly abandoned wife and children who were to
[***14] Laws: Reflections on Rereading Professor Lorenzen's Essays, 56 Yale L.J. remain in England. It merely substituted the arrangements arrived at by voluntary
1155, 1163-1168; Note, Choice of Law Problems in Direct Actions Against agreement of the parties for the duties and responsibilities of support that would
Indemnification Insurers, 3 Utah L. Rev. 490, 498-499.) otherwise attach by English law. There is no question that England has the greatest
concern in prescribing and governing those obligations, and in securing to the wife
Although this "grouping of contacts" theory may, perhaps, afford less certainty and and children essential support and maintenance. And the paramount interest of that
predictability than the rigid general rules (see Note, op. cit., 3 Utah L. Rev. 490, country is not affected by the fact that the parties separate and provide for such
498), the merit of its approach is that it gives to the place "having the most interest in support by a voluntary agreement. It is still England, as the jurisdiction of marital
the problem" paramount control over the legal issues arising out of a particular domicile and the place where the wife and children were to be, that has the greatest
factual context, thus allowing the forum to apply the policy of the jurisdiction "most concern in defining and regulating the rights and duties existing under that
intimately concerned with the outcome of [the] particular litigation" (3 Utah L. Rev., agreement, and, specifically, in determining the circumstances that effect a
pp. 498-499). Moreover, by stressing the significant contacts, it enables the court, termination or repudiation of the agreement.
not only to reflect the relative interests of the several jurisdictions involved
(see Vanston Committee v. Green, 329 U.S. 156, 161-162), but also to give effect to [*163] Nor could the parties have expected or believed that any law other than
the probable intention of the parties and consideration to "whether one rule or the England's would govern the effect of the wife's institution of a separation action. It is
other produces the best practical result". ( Swift & Co. v. Bankers Trust Co., supra, most unlikely that the wife could have intended to subject her [***18] rights under
280 N.Y. 135, 141; see Vanston Committee [***15] v. Green, supra, 329 U.S. 156, English law to the law of a jurisdiction several thousand miles distant, with which she
161-162.) had not the slightest familiarity. On the contrary, since it was known that she was
returning to England to live, both parties necessarily realized that any action which
Turning to the case before us, examination of the respective contacts with New York she took, whether in accordance with the agreement or in violation of it, would have
and England compels the conclusion that it is English law which must be applied to to occur in England. If any thought was given to the matter at all, it was that the law
determine the impact and effect to be given the wife's institution of the separation of the place where she and the children would be should determine the effect of acts
suit n1. It hardly needs stating that it is England which has all the truly significant performed by her.
contacts, while this state's sole nexus with the matter in dispute - entirely fortuitous,
at that - is that it is the place where the agreement was made and where the trustee, It is, perhaps, not inappropriate to note that, even if we were not to place our
to whom the moneys were in the first [*162] instance to be paid, had his office. The emphasis on the law of the place with the most significant contacts, but were instead
agreement effected a separation between British subjects, who had been married in simply to apply the rule that matters of performance and breach are governed by the
CONFLICTS OF LAW FEB 23 ASS CASES 3
law of the place of performance, the same result would follow. Whether or not there
was a repudiation, essentially a form of breach (see Restatement, Contracts, 318;
4 Corbin on Contracts [1951], 954, pp. 829-834), is also to be determined by the
law of the place of performance (cf. Wester v. Casein Co. of America, 206 N.Y. 506;
Restatement, Conflict of Laws, 370, Caveat [***19] ), and that place, so far as the
wife's performance is concerned, is England. Whatever she had to do under the
agreement - "live separate and apart from" her husband, "maintain, educate and
support" the children and refrain from bringing "any action relating to [the]
separation" - was to be done in England. True, the husband's payments were to be
made to a New York trustee for forwarding to plaintiff in England, but that is of no
consequence in this case. It might be, if the question before us involved the manner
or effect of payment to the trustee, but that is not the problem; we are here
concerned only with the effect of the wife's performance. (Cf. Zwirn v. Galento,
supra, 288 N.Y. 428, 433.)
Since, then, the law of England must be applied, and since, at the very least, an
issue exists as to whether the courts of that country treat the commencement of a
separation action as a [*164] repudiation of an earlier-made separation agreement,
summary judgment should not have been granted n2.
n2. In point of fact, the English lawyers, whose affidavits have been submitted by
plaintiff, unequivocally opine that the institution of a separation suit and the award of
alimony pendente lite did not, under the law of England, constitute a repudiation of
the separation agreement or bar the present action to recover amounts due under it.
[***20]
The judgment of the Appellate Division and that of Special Term insofar as they
dismiss the complaint should be reversed, with costs in all courts, and the matter
remitted for further proceedings in accordance with this opinion.
On January 14, 1992, just when plaintiff thought that the Jakarta
incident was already behind her, her superiors requested her to
QUISUMBING, J.: see Mr. Ali Meniewy, Chief Legal Officer of SAUDIA, in Jeddah,
Saudi Arabia. When she saw him, he brought her to the police
This petition for certiorari pursuant to Rule 45 of the Rules of Court seeks to annul station where the police took her passport and questioned her
and set aside the Resolution 1dated September 27, 1995 and the Decision 2 dated about the Jakarta incident. Miniewy simply stood by as the police
April 10, 1996 of the Court of Appeals 3 in CA-G.R. SP No. 36533, 4and the put pressure on her to make a statement dropping the case
Orders 5 dated August 29, 1994 6 and February 2, 1995 7 that were issued by the trial against Thamer and Allah. Not until she agreed to do so did the
court in Civil Case No. Q-93-18394. 8 police return her passport and allowed her to catch the afternoon
flight out of Jeddah.
The pertinent antecedent facts which gave rise to the instant petition, as stated in
the questioned Decision 9, are as follows: One year and a half later or on lune 16, 1993, in Riyadh, Saudi
Arabia, a few minutes before the departure of her flight to Manila,
On January 21, 1988 defendant SAUDIA hired plaintiff as a Flight plaintiff was not allowed to board the plane and instead ordered to
Attendant for its airlines based in Jeddah, Saudi Arabia. . . . take a later flight to Jeddah to see Mr. Miniewy, the Chief Legal
Officer of SAUDIA. When she did, a certain Khalid of the SAUDIA
office brought her to a Saudi court where she was asked to sign a
On April 27, 1990, while on a lay-over in Jakarta, Indonesia, document written in Arabic. They told her that this was necessary
plaintiff went to a disco dance with fellow crew members Thamer to close the case against Thamer and Allah. As it turned out,
Al-Gazzawi and Allah Al-Gazzawi, both Saudi nationals. Because plaintiff signed a notice to her to appear before the court on June
it was almost morning when they returned to their hotels, they 27, 1993. Plaintiff then returned to Manila.
agreed to have breakfast together at the room of Thamer. When
they were in te (sic) room, Allah left on some pretext. Shortly after
he did, Thamer attempted to rape plaintiff. Fortunately, a roomboy Shortly afterwards, defendant SAUDIA summoned plaintiff to
and several security personnel heard her cries for help and report to Jeddah once again and see Miniewy on June 27, 1993
rescued her. Later, the Indonesian police came and arrested for further investigation. Plaintiff did so after receiving assurance
Thamer and Allah Al-Gazzawi, the latter as an accomplice. from SAUDIA's Manila manager, Aslam Saleemi, that the
investigation was routinary and that it posed no danger to her.
When plaintiff returned to Jeddah a few days later, several
SAUDIA officials interrogated her about the Jakarta incident. They In Jeddah, a SAUDIA legal officer brought plaintiff to the same
then requested her to go back to Jakarta to help arrange the Saudi court on June 27, 1993. Nothing happened then but on
release of Thamer and Allah. In Jakarta, SAUDIA Legal Officer June 28, 1993, a Saudi judge interrogated plaintiff through an
Sirah Akkad and base manager Baharini negotiated with the interpreter about the Jakarta incident. After one hour of
police for the immediate release of the detained crew members interrogation, they let her go. At the airport, however, just as her
CONFLICTS OF LAW FEB 23 ASS CASES 5
plane was about to take off, a SAUDIA officer told her that the The trial court issued an Order 19 dated August 29, 1994 denying the Motion to
airline had forbidden her to take flight. At the Inflight Service Office Dismiss Amended Complaint filed by Saudia.
where she was told to go, the secretary of Mr. Yahya Saddick took
away her passport and told her to remain in Jeddah, at the crew From the Order of respondent Judge 20 denying the Motion to Dismiss, SAUDIA filed
quarters, until further orders. on September 20, 1994, its Motion for Reconsideration 21 of the Order dated August
29, 1994. It alleged that the trial court has no jurisdiction to hear and try the case on
On July 3, 1993 a SAUDIA legal officer again escorted plaintiff to the basis of Article 21 of the Civil Code, since the proper law applicable is the law of
the same court where the judge, to her astonishment and shock, the Kingdom of Saudi Arabia. On October 14, 1994, Morada filed her
rendered a decision, translated to her in English, sentencing her Opposition 22 (To Defendant's Motion for Reconsideration).
to five months imprisonment and to 286 lashes. Only then did she
realize that the Saudi court had tried her, together with Thamer In the Reply 23 filed with the trial court on October 24, 1994, SAUDIA alleged that
and Allah, for what happened in Jakarta. The court found plaintiff since its Motion for Reconsideration raised lack of jurisdiction as its cause of action,
guilty of (1) adultery; (2) going to a disco, dancing and listening to the Omnibus Motion Rule does not apply, even if that ground is raised for the first
the music in violation of Islamic laws; and (3) socializing with the time on appeal. Additionally, SAUDIA alleged that the Philippines does not have any
male crew, in contravention of Islamic tradition. 10 substantial interest in the prosecution of the instant case, and hence, without
jurisdiction to adjudicate the same.
Facing conviction, private respondent sought the help of her employer, petitioner
SAUDIA. Unfortunately, she was denied any assistance. She then asked the Respondent Judge subsequently issued another Order 24 dated February 2, 1995,
Philippine Embassy in Jeddah to help her while her case is on appeal. Meanwhile, denying SAUDIA's Motion for Reconsideration. The pertinent portion of the assailed
to pay for her upkeep, she worked on the domestic flight of SAUDIA, while Thamer Order reads as follows:
and Allah continued to serve in the international
flights. 11
Acting on the Motion for Reconsideration of defendant Saudi
Arabian Airlines filed, thru counsel, on September 20, 1994, and
Because she was wrongfully convicted, the Prince of Makkah dismissed the case the Opposition thereto of the plaintiff filed, thru counsel, on
against her and allowed her to leave Saudi Arabia. Shortly before her return to October 14, 1994, as well as the Reply therewith of defendant
Manila, 12 she was terminated from the service by SAUDIA, without her being Saudi Arabian Airlines filed, thru counsel, on October 24, 1994,
informed of the cause. considering that a perusal of the plaintiffs Amended Complaint,
which is one for the recovery of actual, moral and exemplary
On November 23, 1993, Morada filed a Complaint 13 for damages against SAUDIA, damages plus attorney's fees, upon the basis of the applicable
and Khaled Al-Balawi ("Al-Balawi"), its country manager. Philippine law, Article 21 of the New Civil Code of the Philippines,
is, clearly, within the jurisdiction of this Court as regards the
On January 19, 1994, SAUDIA filed an Omnibus Motion To Dismiss 14 which raised subject matter, and there being nothing new of substance which
the following grounds, to wit: (1) that the Complaint states no cause of action against might cause the reversal or modification of the order sought to be
Saudia; (2) that defendant Al-Balawi is not a real party in interest; (3) that the claim reconsidered, the motion for reconsideration of the defendant, is
or demand set forth in the Complaint has been waived, abandoned or otherwise DENIED.
extinguished; and (4) that the trial court has no jurisdiction to try the case.
SO ORDERED. 25
15
On February 10, 1994, Morada filed her Opposition (To Motion to Dismiss) . Saudia
filed a reply 16 thereto on March 3, 1994. Consequently, on February 20, 1995, SAUDIA filed its Petition for Certiorari and
Prohibition with Prayer for Issuance of Writ of Preliminary Injunction and/or
On June 23, 1994, Morada filed an Amended Complaint 17 wherein Al-Balawi was Temporary Restraining Order 26 with the Court of Appeals.
dropped as party defendant. On August 11, 1994, Saudia filed its Manifestation and
Motion to Dismiss Amended Complaint 18. Respondent Court of Appeals promulgated a Resolution with Temporary Restraining
Order 27 dated February 23, 1995, prohibiting the respondent Judge from further
conducting any proceeding, unless otherwise directed, in the interim.
SO ORDERED. Petitioner received on April 22, 1996 the April 10, 1996 decision in
CA-G.R. SP NO. 36533 entitled "Saudi Arabian Airlines v. Hon.
On October 20, 1995, SAUDIA filed with this Honorable Court the instant Rodolfo A. Ortiz, et al." and filed its April 30, 1996 Supplemental
Petition 29 for Review with Prayer for Temporary Restraining Order dated October Petition For Review With Prayer For A Temporary Restraining
13, 1995. Order on May 7, 1996 at 10:29 a.m. or within the 15-day
reglementary period as provided for under Section 1, Rule 45 of
the Revised Rules of Court. Therefore, the decision in CA-G.R.
However, during the pendency of the instant Petition, respondent Court of Appeals
SP NO. 36533 has not yet become final and executory and this
rendered the Decision 30 dated April 10, 1996, now also assailed. It ruled that the
Honorable Court can take cognizance of this case. 33
Philippines is an appropriate forum considering that the Amended Complaint's basis
for recovery of damages is Article 21 of the Civil Code, and thus, clearly within the
jurisdiction of respondent Court. It further held that certiorari is not the proper From the foregoing factual and procedural antecedents, the following issues emerge
remedy in a denial of a Motion to Dismiss, inasmuch as the petitioner should have for our resolution:
proceeded to trial, and in case of an adverse ruling, find recourse in an appeal.
I.
On May 7, 1996, SAUDIA filed its Supplemental Petition for Review with Prayer for
Temporary Restraining Order 31 dated April 30, 1996, given due course by this Court. WHETHER RESPONDENT APPELLATE COURT ERRED IN
After both parties submitted their Memoranda, 32 the instant case is now deemed HOLDING THAT THE REGIONAL TRIAL COURT OF QUEZON
submitted for decision. CITY HAS JURISDICTION TO HEAR AND TRY CIVIL CASE NO.
Q-93-18394 ENTITLED "MILAGROS P. MORADA V. SAUDI
Petitioner SAUDIA raised the following issues: ARABIAN AIRLINES".
I II.
The trial court has no jurisdiction to hear and try Civil Case No. Q- WHETHER RESPONDENT APPELLATE COURT ERRED IN
93-18394 based on Article 21 of the New Civil Code since the RULING THAT IN THIS CASE PHILIPPINE LAW SHOULD
proper law applicable is the law of the Kingdom of Saudi Arabia GOVERN.
inasmuch as this case involves what is known in private
international law as a "conflicts problem". Otherwise, the Republic Petitioner SAUDIA claims that before us is a conflict of laws that must be settled at
of the Philippines will sit in judgment of the acts done by another the outset. It maintains that private respondent's claim for alleged abuse of rights
sovereign state which is abhorred. occurred in the Kingdom of Saudi Arabia. It alleges that the existence of a foreign
element qualifies the instant case for the application of the law of the Kingdom of
II Saudi Arabia, by virtue of the lex loci delicti commissi rule. 34
On the other hand, Article 21 of the New Civil Code provides: xxx xxx xxx
Art. 21. Any person who willfully causes loss or injury to another in And following Section 2 (b), Rule 4 of the Revised Rules of Court the venue,
a manner that is contrary to morals, good customs or public policy Quezon City, is appropriate:
shall compensate the latter for damages.
Sec. 2 Venue in Courts of First Instance. [Now Regional Trial
Thus, in Philippine National Bank (PNB) vs. Court of Appeals, 45 this Court held that: Court]
The aforecited provisions on human relations were intended to (a) xxx xxx xxx
expand the concept of torts in this jurisdiction by granting
adequate legal remedy for the untold number of moral wrongs (b) Personal actions. All other actions may be commenced and
which is impossible for human foresight to specifically provide in tried where the defendant or any of the defendants resides or may
the statutes. be found, or where the plaintiff or any of the plaintiff resides, at the
election of the plaintiff.
Although Article 19 merely declares a principle of law, Article 21 gives flesh to its
provisions. Thus, we agree with private respondent's assertion that violations of Pragmatic considerations, including the convenience of the parties, also weigh
Articles 19 and 21 are actionable, with judicially enforceable remedies in the heavily in favor of the RTC Quezon City assuming jurisdiction. Paramount is the
municipal forum. private interest of the litigant. Enforceability of a judgment if one is obtained is quite
obvious. Relative advantages and obstacles to a fair trial are equally important.
Plaintiff may not, by choice of an inconvenient forum, "vex", "harass", or "oppress"
CONFLICTS OF LAW FEB 23 ASS CASES 9
the defendant, e.g. by inflicting upon him needless expense or disturbance. But and separate purpose of objecting to the jurisdiction of the court. If
unless the balance is strongly in favor of the defendant, the plaintiffs choice of forum his motion is for any other purpose than to object to the
should rarely be disturbed. 49 jurisdiction of the court over his person, he thereby submits
himself to the jurisdiction of the court. A special appearance by
Weighing the relative claims of the parties, the court a quo found it best to hear the motion made for the purpose of objecting to the jurisdiction of the
case in the Philippines. Had it refused to take cognizance of the case, it would be court over the person will be held to be a general appearance, if
forcing plaintiff (private respondent now) to seek remedial action elsewhere, i.e. in the party in said motion should, for example, ask for a dismissal of
the Kingdom of Saudi Arabia where she no longer maintains substantial the action upon the further ground that the court had no
connections. That would have caused a fundamental unfairness to her. jurisdiction over the subject matter. 52
Moreover, by hearing the case in the Philippines no unnecessary difficulties and Clearly, petitioner had submitted to the jurisdiction of the Regional Trial Court of
inconvenience have been shown by either of the parties. The choice of forum of the Quezon City. Thus, we find that the trial court has jurisdiction over the case and that
plaintiff (now private respondent) should be upheld. its exercise thereof, justified.
Similarly, the trial court also possesses jurisdiction over the persons of the parties As to the choice of applicable law, we note that choice-of-law problems seek to
herein. By filing her Complaint and Amended Complaint with the trial court, private answer two important questions: (1) What legal system should control a given
respondent has voluntary submitted herself to the jurisdiction of the court. situation where some of the significant facts occurred in two or more states; and (2)
to what extent should the chosen legal system regulate the situation. 53
The records show that petitioner SAUDIA has filed several motions 50 praying for the
dismissal of Morada's Amended Complaint. SAUDIA also filed an Answer In Ex Several theories have been propounded in order to identify the legal system that
Abundante Cautelam dated February 20, 1995. What is very patent and explicit from should ultimately control. Although ideally, all choice-of-law theories should
the motions filed, is that SAUDIA prayed for other reliefs under the premises. intrinsically advance both notions of justice and predictability, they do not always do
Undeniably, petitioner SAUDIA has effectively submitted to the trial court's so. The forum is then faced with the problem of deciding which of these two
jurisdiction by praying for the dismissal of the Amended Complaint on grounds other important values should be stressed. 54
than lack of jurisdiction.
Before a choice can be made, it is necessary for us to determine under what
As held by this Court in Republic vs. Ker and Company, Ltd.: 51 category a certain set of facts or rules fall. This process is known as
"characterization", or the "doctrine of qualification". It is the "process of deciding
whether or not the facts relate to the kind of question specified in a conflicts
We observe that the motion to dismiss filed on April 14, 1962,
rule." 55 The purpose of "characterization" is to enable the forum to select the proper
aside from disputing the lower court's jurisdiction over defendant's
law. 56
person, prayed for dismissal of the complaint on the ground that
plaintiff's cause of action has prescribed. By interposing such
second ground in its motion to dismiss, Ker and Co., Ltd. availed Our starting point of analysis here is not a legal relation, but a factual situation,
of an affirmative defense on the basis of which it prayed the court event, or operative fact. 57 An essential element of conflict rules is the indication of a
to resolve controversy in its favor. For the court to validly decide "test" or "connecting factor" or "point of contact". Choice-of-law rules invariably
the said plea of defendant Ker & Co., Ltd., it necessarily had to consist of a factual relationship (such as property right, contract claim) and a
acquire jurisdiction upon the latter's person, who, being the connecting factor or point of contact, such as the situs of the res, the place of
proponent of the affirmative defense, should be deemed to have celebration, the place of performance, or the place of wrongdoing. 58
abandoned its special appearance and voluntarily submitted itself
to the jurisdiction of the court. Note that one or more circumstances may be present to serve as the possible test
for the determination of the applicable law. 59 These "test factors" or "points of
Similarly, the case of De Midgely vs. Ferandos, held that; contact" or "connecting factors" could be any of the following:
When the appearance is by motion for the purpose of objecting to (1) The nationality of a person, his domicile, his residence, his
the jurisdiction of the court over the person, it must be for the sole place of sojourn, or his origin;
Prescinding from this premise that the Philippines is the situs of the tort complained
of and the place "having the most interest in the problem", we find, by way of
recapitulation, that the Philippine law on tort liability should have paramount
application to and control in the resolution of the legal issues arising out of this case.
Further, we hold that the respondent Regional Trial Court has jurisdiction over the
parties and the subject matter of the complaint; the appropriate venue is in Quezon
City, which could properly apply Philippine law. Moreover, we find untenable
petitioner's insistence that "[s]ince private respondent instituted this suit, she has the
burden of pleading and proving the applicable Saudi law on the matter." 64 As aptly
said by private respondent, she has "no obligation to plead and prove the law of the
Kingdom of Saudi Arabia since her cause of action is based on Articles 19 and 21"
of the Civil Code of the Philippines. In her Amended Complaint and subsequent
pleadings, she never alleged that Saudi law should govern this case. 65 And as
correctly held by the respondent appellate court, "considering that it was the
petitioner who was invoking the applicability of the law of Saudi Arabia, then the
burden was on it [petitioner] to plead and to establish what the law of Saudi Arabia
is". 66
Lastly, no error could be imputed to the respondent appellate court in upholding the
trial court's denial of defendant's (herein petitioner's) motion to dismiss the case. Not
only was jurisdiction in order and venue properly laid, but appeal after trial was
obviously available, and expeditious trial itself indicated by the nature of the case at
hand. Indubitably, the Philippines is the state intimately concerned with the ultimate
outcome of the case below, not just for the benefit of all the litigants, but also for the
vindication of the country's system of law and justice in a transnational setting. With
these guidelines in mind, the trial court must proceed to try and adjudge the case in
the light of relevant Philippine law, with due consideration of the foreign element or
elements involved. Nothing said herein, of course, should be construed as
prejudging the results of the case in any manner whatsoever.
WHEREFORE, the instant petition for certiorari is hereby DISMISSED. Civil Case
No. Q-93-18394 entitled "Milagros P. Morada vs. Saudi Arabia Airlines" is hereby
REMANDED to Regional Trial Court of Quezon City, Branch 89 for further
proceedings.
SO ORDERED.
At the time of the accident, there was in force in Ontario a statute providing
that "the owner or driver of a motor vehicle, other than a vehicle operated in the
business of carrying passengers for compensation, is not liable for any loss or
damage resulting from bodily injury to, or the death of any person being carried in * *
* the motor vehicle" (Highway Traffic Act of Province of Ontario [Ontario Rev. Stat.
(1960), ch. 172], 105, subd. [2]). Even though no such bar is recognized under this
State's substantive law of torts (see, e.g., Higgins v. Mason, 255 N. Y. 104,
108; Nelson v. Nygren, 259 N. Y. 71), the defendant moved to dismiss the complaint
on the ground that the law of the place where the accident occurred governs and
that Ontario's guest statute bars recovery. The court at Special Term, agreeing with
the defendant, granted the motion and the Appellate Division, over a strong dissent
by Justice Halpern, affirmed the judgment of dismissal without opinion.
The question presented is simply drawn. Shall the law of the place of the
tort [2] invariably govern the availability of relief for the tort or shall the applicable
choice of law rule also reflect a consideration of other factors which are relevant to
the purposes served by the enforcement or denial of the remedy?
The issue here, however, is not whether the defendant offended against a rule
of the road prescribed by Ontario for motorists generally or whether he violated
some standard of conduct imposed by that jurisdiction, but rather whether the
plaintiff, because she was a guest in the defendant's automobile, is barred from
recovering damages for a wrong concededly committed. As to that issue, it is New
York, the place where the parties resided, where their guest- host relationship arose
and where the trip began and was to end, rather than Ontario, the place of the
fortuitous occurrence of the accident, which has the dominant contacts and the
superior claim for application of its law. Although the rightness or wrongness of
defendant's conduct may depend upon the law of the particular jurisdiction through
which the automobile passes, the rights and liabilities of the parties which stem from
their guest-host relationship should remain constant and not vary and shift as the
automobile proceeds from place to place. Indeed, such a result, we
note, [*484] accords with "the interests of the host in procuring liability insurance
adequate under the applicable law, and the interests of his insurer in reasonable
calculability of the premium." (Ehrenzweig, Guest Statutes in the Conflict of Laws,
69 Yale L. J. 595, 603.)
Although the traditional rule has in the past been applied by this court in giving
controlling effect to the guest statute of the foreign jurisdiction in which the accident
CONFLICTS OF LAW FEB 23 ASS CASES 15
respondents were solidarily liable to pay petitioner the sum prayed for in the
complaint.
(d) P200,000.00 as litigation expenses. 5. The arbitration clause in the contract was not rigid
or inflexible but expressly allowed petitioner to enforce
SO ORDERED. its maritime lien in Philippine courts provided the vessel
was in the Philippines;
On August 19, 1996, respondents Vessel and SCI appealed to the Court of
Appeals. They attached copies of the charter parties between respondent SCI and 6. The law of the state of New York is inapplicable to
Halla, between Halla and Transmar, and between Transmar and Portserv. They the present controversy as the same has not been
pointed out that Portserv was a time charterer and that there is a clause in the time properly pleaded and proved;
charters between respondent SCI and Halla, and between Halla and Transmar,
which states that the Charterers shall provide and pay for all the fuel except as 7. Petitioner has legal capacity to sue before
otherwise agreed. They submitted a copy of Part II of the Bunker Fuel Agreement Philippine courts as it is suing upon an isolated
between petitioner Crescent and Portserv containing a stipulation that New York law business transaction;
governs the construction, validity and performance of the contract. They likewise
submitted certified copies of the Commercial Instruments and Maritime Lien Act of 8. Respondents were duly served summons although
the United States (U.S.), some U.S. cases, and some Canadian cases to support service of summons upon respondents is not a
their defense. jurisdictional requirement, the action being a suit quasi
in rem;
On November 28, 2001, the Court of Appeals issued its assailed Decision,
9. The trial courts decision has factual and legal
which reversed that of the trial court, viz:
bases; and,
We find against petitioner Crescent. Hellenic Lines, Ltd. v. Rhoditis [24] was also a suit under the Jones Act by
a Greek seaman injured aboard a ship of Greek registry while in American waters.
I. The ship was operated by a Greek corporation which has its largest office in New
York and another office in New Orleans and whose stock is more than 95% owned
P.D. No. 1521 or the Ship Mortgage Decree of 1978 was enacted to by a U.S. domiciliary who is also a Greek citizen. The ship was engaged in regularly
accelerate the growth and development of the shipping industry and to extend the scheduled runs between various ports of the U.S. and the Middle East, Pakistan,
benefits accorded to overseas shipping under Presidential Decree No. 214 to and India, with its entire income coming from either originating or terminating in the
domestic shipping.[13] It is patterned closely from the U.S. Ship Mortgage Act of 1920 U.S. The contract of employment provided that Greek law and a Greek collective
and the Liberian Maritime Law relating to preferred mortgages. [14] Notably, Sections bargaining agreement would apply between the employer and the seaman and that
21, 22 and 23 of P.D. No. 1521 or the Ship Mortgage Decree of 1978 are identical to all claims arising out of the employment contract were to be adjudicated by a Greek
Subsections P, Q, and R, respectively, of the U.S. Ship Mortgage Act of 1920, which court. The U.S. Supreme Court observed that of the seven factors listed in the
is part of the Federal Maritime Lien Act. Hence, U.S. jurisprudence finds relevance Lauritzen test, four were in favor of the shipowner and against jurisdiction. In
to determining whether P.D. No. 1521 or the Ship Mortgage Decree of 1978 applies arriving at the conclusion that the Jones Act applies, it ruled that the application of
in the present case. the Lauritzen test is not a mechanical one. It stated thus: [t]he significance of one or
more factors must be considered in light of the national interest served by the
assertion of Jones Act jurisdiction. (footnote omitted) Moreover, the list of seven
The various tests used in the U.S. to determine whether a maritime lien
factors in Lauritzen was not intended to be exhaustive. x x x [T]he shipowners base
exists are the following:
of operations is another factor of importance in determining whether the Jones Act is
applicable; and there well may be others.
One. In a suit to establish and enforce a maritime lien for supplies
furnished to a vessel in a foreign port, whether such lien exists, or whether the court
The principles enunciated in these maritime tort cases have been extended
has or will exercise jurisdiction, depends on the law of the country where the
to cases involving unpaid supplies and necessaries such as the
supplies were furnished, which must be pleaded and proved.[15] This principle was
cases of Forsythe International U.K., Ltd. v. M/V Ruth Venture,[25] and Comoco
laid down in the 1888 case of The Scotia,[16] reiterated in The Kaiser Wilhelm
Marine Services v. M/V El Centroamericano.[26]
II[17] (1916), in The Woudrichem[18] (1921) and in The City of Atlanta[19] (1924).
Three. The factors provided in Restatement (Second) of Conflicts of
Two. The Lauritzen-Romero-Rhoditis trilogy of cases, which replaced
Law have also been applied, especially in resolving cases brought under the
such single-factor methodologies as the law of the place of supply.[20]
Federal Maritime Lien Act. Their application suggests that in the absence of an
effective choice of law by the parties, the forum contacts to be considered include:
In Lauritzen v. Larsen,[21] a Danish seaman, while temporarily in New (a) the place of contracting; (b) the place of negotiation of the contract; (c) the place
York, joined the crew of a ship of Danish flag and registry that is owned by a Danish of performance; (d) the location of the subject matter of the contract; and (e) the
citizen. He signed the ships articles providing that the rights of the crew members domicile, residence, nationality, place of incorporation and place of business of the
would be governed by Danish law and by the employers contract with the Danish parties.[27]
Seamens Union, of which he was a member. While in Havana and in the course of
his employment, he was negligently injured. He sued the shipowner in a federal
In Gulf Trading and Transportation Co. v. The Vessel Hoegh Shield,
district court in New York for damages under the Jones Act. In holding that Danish [28]
an admiralty action in rem was brought by an American supplier against a vessel
law and not the Jones Act was applicable, the Supreme Court adopted a multiple-
of Norwegian flag owned by a Norwegian Company and chartered by a London time
contact test to determine, in the absence of a specific Congressional directive as to
charterer for unpaid fuel oil and marine diesel oil delivered while the vessel was in
the statutes reach, which jurisdictions law should be applied. The following factors
U.S. territory. The contract was executed in London. It was held that because the
were considered: (1) place of the wrongful act; (2) law of the flag; (3) allegiance
bunker fuel was delivered to a foreign flag vessel within the jurisdiction of the U.S.,
or domicile of the injured; (4) allegiance of the defendant shipowner; (5) place
and because the invoice specified payment in the U.S., the admiralty and maritime
of contract; (6) inaccessibility of foreign forum; and (7) law of the forum.
law of the U.S. applied. The U.S. Court of Appeals recognized the modern approach
to maritime conflict of law problems introduced in the Lauritzen case. However, it
Several years after Lauritzen, the U.S. Supreme Court in the case observed that Lauritzen involved a torts claim under the Jones Act while the present
of Romero v. International Terminal Operating Co. [22] again considered a foreign claim involves an alleged maritime lien arising from unpaid supplies. It made a
CONFLICTS OF LAW FEB 23 ASS CASES 19
disclaimer that its conclusion is limited to the unique circumstances surrounding a Philippine court has any interest in the case that outweighs the interests of Canada
maritime lien as well as the statutory directives found in the Maritime Lien Statute or India for that matter.
and that the initial choice of law determination is significantly affected by the
statutory policies surrounding a maritime lien. It ruled that the facts in the case Second. P.D. No. 1521 or the Ship Mortgage Decree of 1978 is
call for the application of the Restatement (Second) of Conflicts of Law. The U.S. inapplicable following the factors under Restatement (Second) of Conflict of Laws.
Court gave much significance to the congressional intent in enacting the Maritime Like the Federal Maritime Lien Act of the U.S., P.D. No. 1521 or the Ship Mortgage
Lien Statute to protect the interests of American supplier of goods, services or Decree of 1978 was enacted primarily to protect Filipino suppliers and was not
necessaries by making maritime liens available where traditional services are intended to create a lien from a contract for supplies between foreign entities
routinely rendered. It concluded that the Maritime Lien Statute represents a relevant delivered in a foreign port.
policy of the forum that serves the needs of the international legal system as well as
the basic policies underlying maritime law. The court also gave equal importance to Third. Applying P.D. No. 1521 or the Ship Mortgage Decree of 1978 and
the predictability of result and protection of justified expectations in a particular field rule that a maritime lien exists would not promote the public policy behind the
of law. In the maritime realm, it is expected that when necessaries are furnished to a enactment of the law to develop the domestic shipping industry. Opening up our
vessel in an American port by an American supplier, the American Lien Statute will courts to foreign suppliers by granting them a maritime lien under our laws even if
apply to protect that supplier regardless of the place where the contract was formed they are not entitled to a maritime lien under their laws will encourage forum
or the nationality of the vessel. shopping.
The same principle was applied in the case of Swedish Telecom Radio v. Finally. The submission of petitioner is not in keeping with the reasonable
M/V Discovery I[29] where the American court refused to apply the Federal Maritime expectation of the parties to the contract. Indeed, when the parties entered into a
Lien Act to create a maritime lien for goods and services supplied by foreign contract for supplies in Canada, they could not have intended the laws of a remote
companies in foreign ports. In this case, a Swedish company supplied radio country like the Philippines to determine the creation of a lien by the mere accident
equipment in a Spanish port to refurbish a Panamanian vessel damaged by fire. of the Vessels being in Philippine territory.
Some of the contract negotiations occurred in Spain and the agreement for supplies
between the parties indicated Swedish companys willingness to submit to Swedish
III.
law. The ship was later sold under a contract of purchase providing for the
application of New York law and was arrested in the U.S. The U.S. Court of Appeals
also held that while the contacts-based framework set forth in Lauritzen was useful But under which law should petitioner Crescent prove the existence of its maritime
in the analysis of all maritime choice of law situations, the factors were geared lien?
towards a seamans injury claim. As in Gulf Trading, the lien arose by operation of
law because the ships owner was not a party to the contract under which the goods In light of the interests of the various foreign elements involved, it is clear that
were supplied. As a result, the court found it more appropriate to consider the Canada has the most significant interest in this dispute. The injured party is a
factors contained in Section 6 of the Restatement (Second) of Conflicts of Law. The Canadian corporation, the sub-charterer which placed the orders for the supplies is
U.S. Court held that the primary concern of the Federal Maritime Lien Act is the also Canadian, the entity which physically delivered the bunker fuels is in Canada,
protection of American suppliers of goods and services. the place of contracting and negotiation is in Canada, and the supplies were
delivered in Canada.
The same factors were applied in the case of Ocean Ship Supply, Ltd. v.
M/V Leah.[30] The arbitration clause contained in the Bunker Fuel Agreement which
states that New York law governs the construction, validity and performance of the
II. contract is only a factor that may be considered in the choice-of-law analysis but is
not conclusive. As in the cases of Gulf Trading and Swedish Telecom, the lien that
is the subject matter of this case arose by operation of law and not by contract
Finding guidance from the foregoing decisions, the Court cannot sustain
because the shipowner was not a party to the contract under which the goods were
petitioner Crescents insistence on the application of P.D. No. 1521 or the Ship
supplied.
Mortgage Decree of 1978 and hold that a maritime lien exists.
It is worthy to note that petitioner Crescent never alleged and proved
First. Out of the seven basic factors listed in the case of Lauritzen,
Canadian law as basis for the existence of a maritime lien. To the end, it insisted on
Philippine law only falls under one the law of the forum. All other elements are
its theory that Philippine law applies. Petitioner contends that even if foreign law
foreign Canada is the place of the wrongful act, of the allegiance or domicile of the
applies, since the same was not properly pleaded and proved, such foreign law
injured and the place of contract; India is the law of the flag and the allegiance of the
must be presumed to be the same as Philippine law pursuant to the doctrine of
defendant shipowner. Balancing these basic interests, it is inconceivable that the
processual presumption.
Second. Petitioner Crescent did not show any proof that the marine
products were necessary for the continuation of the vessel.
Third. It was not established that credit was extended to the vessel. It is
presumed that in the absence of fraud or collusion, where advances are made to a
captain in a foreign port, upon his request, to pay for necessary repairs or supplies
to enable his vessel to prosecute her voyage, or to pay harbor dues, or for pilotage,
towage and like services rendered to the vessel, that they are made upon the credit
of the vessel as well as upon that of her owners. [36] In this case, it was the sub-
charterer Portserv which requested for the delivery of the bunker fuels. The
issuance of two checks amounting to US$300,000 in favor of petitioner Crescent
prior to the delivery of the bunkers as security for the payment of the obligation
weakens petitioner Crescents contention that credit was extended to the Vessel.
We also note that when copies of the charter parties were submitted by
respondents in the Court of Appeals, the time charters between respondent SCI and
Halla and between Halla and Transmar were shown to contain a clause which
states that the Charterers shall provide and pay for all the fuel except as otherwise
agreed. This militates against petitioner Crescents position that Portserv is
authorized by the shipowner to contract for supplies upon the credit of the vessel.
While in New York, on June 4, 1984, petitioners received notice of the reconfirmation
Republic of the Philippines of their reservations for said flight. On the appointed date, however, petitioners
SUPREME COURT checked in at 10:00 a.m., an hour earlier than the scheduled flight at 11:00 a.m. but
Manila were placed on the wait-list because the number of passengers who had checked in
before them had already taken all the seats available on the flight. Liana Zalamea
SECOND DIVISION appeared as the No. 13 on the wait-list while the two other Zalameas were listed as
"No. 34, showing a party of two." Out of the 42 names on the wait list, the first 22
names were eventually allowed to board the flight to Los Angeles, including
petitioner Cesar Zalamea. The two others, on the other hand, at No. 34, being
ranked lower than 22, were not able to fly. As it were, those holding full-fare tickets
G.R. No. 104235 November 18, 1993 were given first priority among the wait-listed passengers. Mr. Zalamea, who was
holding the full-fare ticket of his daughter, was allowed to board the plane; while his
SPOUSES CESAR & SUTHIRA ZALAMEA and LIANA ZALAMEA, petitioners, wife and daughter, who presented the discounted tickets were denied boarding.
vs. According to Mr. Zalamea, it was only later when he discovered the he was holding
HONORABLE COURT OF APPEALS and TRANSWORLD AIRLINES, his daughter's full-fare ticket.
INC., respondents.
Even in the next TWA flight to Los Angeles Mrs. Zalamea and her daughter, could
Sycip, Salazar, Hernandez, Gatmaitan for petitioners. not be accommodated because it was also fully booked. Thus, they were
constrained to book in another flight and purchased two tickets from American
Airlines at a cost of Nine Hundred Eighteen ($918.00) Dollars.
Quisumbing, Torres & Evangelista for private-respondent.
Upon their arrival in the Philippines, petitioners filed an action for damages based on
breach of contract of air carriage before the Regional Trial Court of Makati, Metro
Manila, Branch 145. As aforesaid, the lower court ruled in favor of petitioners in its
NOCON, J.: decision 1 dated January 9, 1989 the dispositive portion of which states as follows:
Disgruntled over TransWorld Airlines, Inc.'s refusal to accommodate them in TWA WHEREFORE, judgment is hereby rendered ordering the
Flight 007 departing from New York to Los Angeles on June 6, 1984 despite defendant to pay plaintiffs the following amounts:
possession of confirmed tickets, petitioners filed an action for damages before the
Regional Trial Court of Makati, Metro Manila, Branch 145. Advocating petitioner's
position, the trial court categorically ruled that respondent TransWorld Airlines (TWA) (1) US $918.00, or its peso equivalent at the time of payment
representing the price of the tickets bought by Suthira and Liana
breached its contract of carriage with petitioners and that said breach was
(5) One Hundred Thousand Pesos (P100,000.00), Philippine (4) The costs of suit.
Currency, as and for attorney's fees; and
SO ORDERED. 4
(6) The costs of suit.
Not satisfied with the decision, petitioners raised the case on petition for review
SO ORDERED. 2 on certiorari and alleged the following errors committed by the respondent Court of
Appeals, to wit:
On appeal, the respondent Court of Appeals held that moral damages are
recoverable in a damage suit predicated upon a breach of contract of I.
carriage only where there is fraud or bad faith. Since it is a matter of record that
overbooking of flights is a common and accepted practice of airlines in the United . . . IN HOLDING THAT THERE WAS NO FRAUD OR BAD FAITH
States and is specifically allowed under the Code of Federal Regulations by the Civil ON THE PART OF RESPONDENT TWA BECAUSE IT HAS A
Aeronautics Board, no fraud nor bad faith could be imputed on respondent RIGHT TO OVERBOOK FLIGHTS.
TransWorld Airlines.
II.
Moreover, while respondent TWA was remiss in not informing petitioners that the
flight was overbooked and that even a person with a confirmed reservation may be
. . . IN ELIMINATING THE AWARD OF EXEMPLARY DAMAGES.
denied accommodation on an overbooked flight, nevertheless it ruled that such
omission or negligence cannot under the circumstances be considered to be so
gross as to amount to bad faith. III.
Finally, it also held that there was no bad faith in placing petitioners in the wait-list . . . IN NOT ORDERING THE REFUND OF LIANA ZALAMEA'S
along with forty-eight (48) other passengers where full-fare first class tickets were TWA TICKET AND PAYMENT FOR THE AMERICAN AIRLINES
given priority over discounted tickets. TICKETS. 5
The dispositive portion of the decision of respondent Court of Appeals 3 dated That there was fraud or bad faith on the part of respondent airline when it did not
October 25, 1991 states as follows: allow petitioners to board their flight for Los Angeles in spite of confirmed tickets
cannot be disputed. The U.S. law or regulation allegedly authorizing overbooking
has never been proved. Foreign laws do not prove themselves nor can the courts
WHEREFORE, in view of all the foregoing, the decision under
take judicial notice of them. Like any other fact, they must be alleged and
review is hereby MODIFIED in that the award of moral and
proved. 6 Written law may be evidenced by an official publication thereof or by a
CONFLICTS OF LAW FEB 23 ASS CASES 23
copy attested by the officer having the legal custody of the record, or by his deputy, claim and clearance from immigration all clearly and unmistakably showing that she
and accompanied with a certificate that such officer has custody. The certificate may was, in fact, included in the passenger manifest of said flight, and yet was denied
be made by a secretary of an embassy or legation, consul general, consul, vice- accommodation in said flight, this Court did not hesitate to affirm the lower court's
consul, or consular agent or by any officer in the foreign service of the Philippines finding awarding her damages.
stationed in the foreign country in which the record is kept, and authenticated by the
seal of his office. 7 A contract to transport passengers is quite different in kind and degree from any
other contractual relation. So ruled this Court in Zulueta v. Pan American World
Respondent TWA relied solely on the statement of Ms. Gwendolyn Lather, its Airways, Inc. 12 This is so, for a contract of carriage generates a relation attended
customer service agent, in her deposition dated January 27, 1986 that the Code of with public duty a duty to provide public service and convenience to its
Federal Regulations of the Civil Aeronautics Board allows overbooking. Aside from passengers which must be paramount to self-interest or enrichment. Thus, it was
said statement, no official publication of said code was presented as evidence. also held that the switch of planes from Lockheed 1011 to a smaller Boeing 707
Thus, respondent court's finding that overbooking is specifically allowed by the US because there were only 138 confirmed economy class passengers who could very
Code of Federal Regulations has no basis in fact. well be accommodated in the smaller planes, thereby sacrificing the comfort of its
first class passengers for the sake of economy, amounts to bad faith. Such
Even if the claimed U.S. Code of Federal Regulations does exist, the same is not inattention and lack of care for the interest of its passengers who are entitled to its
applicable to the case at bar in accordance with the principle of lex loci utmost consideration entitles the passenger to an award of moral damages. 13
contractus which require that the law of the place where the airline ticket was issued
should be applied by the court where the passengers are residents and nationals of Even on the assumption that overbooking is allowed, respondent TWA is still guilty
the forum and the ticket is issued in such State by the defendant airline. 8 Since the of bad faith in not informing its passengers beforehand that it could breach the
tickets were sold and issued in the Philippines, the applicable law in this case would contract of carriage even if they have confirmed tickets if there was overbooking.
be Philippine law. Respondent TWA should have incorporated stipulations on overbooking on the
tickets issued or to properly inform its passengers about these policies so that the
Existing jurisprudence explicitly states that overbooking amounts to bad faith, latter would be prepared for such eventuality or would have the choice to ride with
entitling the passengers concerned to an award of moral damages. In Alitalia another airline.
Airways v. Court of Appeals, 9 where passengers with confirmed bookings were
refused carriage on the last minute, this Court held that when an airline issues a Respondent TWA contends that Exhibit I, the detached flight coupon upon which
ticket to a passenger confirmed on a particular flight, on a certain date, a contract of were written the name of the passenger and the points of origin and destination,
carriage arises, and the passenger has every right to expect that he would fly on contained such a notice. An examination of Exhibit I does not bear this out. At any
that flight and on that date. If he does not, then the carrier opens itself to a suit for rate, said exhibit was not offered for the purpose of showing the existence of a
breach of contract of carriage. Where an airline had deliberately overbooked, it took notice of overbooking but to show that Exhibit I was used for flight 007 in first class
the risk of having to deprive some passengers of their seats in case all of them of June 11, 1984 from New York to Los Angeles.
would show up for the check in. For the indignity and inconvenience of being
refused a confirmed seat on the last minute, said passenger is entitled to an award Moreover, respondent TWA was also guilty of not informing its passengers of its
of moral damages. alleged policy of giving less priority to discounted tickets. While the petitioners had
checked in at the same time, and held confirmed tickets, yet, only one of them was
Similarly, in Korean Airlines Co., Ltd. v. Court of Appeals, 10 where private allowed to board the plane ten minutes before departure time because the full-fare
respondent was not allowed to board the plane because her seat had already been ticket he was holding was given priority over discounted tickets. The other two
given to another passenger even before the allowable period for passengers to petitioners were left behind.
check in had lapsed despite the fact that she had a confirmed ticket and she had
arrived on time, this Court held that petitioner airline acted in bad faith in violating It is respondent TWA's position that the practice of overbooking and the airline
private respondent's rights under their contract of carriage and is therefore liable for system of boarding priorities are reasonable policies, which when implemented do
the injuries she has sustained as a result. not amount to bad faith. But the issue raised in this case is not the reasonableness
of said policies but whether or not said policies were incorporated or deemed written
In fact, existing jurisprudence abounds with rulings where the breach of contract of on petitioners' contracts of carriage. Respondent TWA failed to show that there are
carriage amounts to bad faith. In Pan American World Airways, Inc. v. Intermediate provisions to that effect. Neither did it present any argument of substance to show
Appellate Court, 11 where a would-be passenger had the necessary ticket, baggage that petitioners were duly apprised of the overbooked condition of the flight or that
CONFLICTS OF LAW FEB 23 ASS CASES 24
there is a hierarchy of boarding priorities in booking passengers. It is evident that WHEREFORE, the petition is hereby GRANTED and the decision of the respondent
petitioners had the right to rely upon the assurance of respondent TWA, thru its Court of Appeals is hereby MODIFIED to the extent of adjudging respondent
agent in Manila, then in New York, that their tickets represented confirmed seats TransWorld Airlines to pay damages to petitioners in the following amounts, to wit:
without any qualification. The failure of respondent TWA to so inform them when it
could easily have done so thereby enabling respondent to hold on to them as (1) US$918.00 or its peso equivalent at the time of payment representing the price
passengers up to the last minute amounts to bad faith. Evidently, respondent TWA of the tickets bought by Suthira and Liana Zalamea from American Airlines, to
placed its self-interest over the rights of petitioners under their contracts of carriage. enable them to fly to Los Angeles from New York City;
Such conscious disregard of petitioners' rights makes respondent TWA liable for
moral damages. To deter breach of contracts by respondent TWA in similar fashion
(2) P50,000.00 as moral damages;
in the future, we adjudge respondent TWA liable for exemplary damages, as well.
The award to petitioners of attorney's fees is also justified under Article 2208(2) of
the Civil Code which allows recovery when the defendant's act or omission has
compelled plaintiff to litigate or to incur expenses to protect his interest. However,
the award for moral damages and exemplary damages by the trial court is excessive
in the light of the fact that only Suthira and Liana Zalamea were actually "bumped
off." An award of P50,000.00 moral damages and another P50,000.00 exemplary
damages would suffice under the circumstances obtaining in the instant case.
CONFLICTS OF LAW FEB 23 ASS CASES 25
appellant,
vs.
LORENZO CARLES, JOSE PABLICO, ALFREDO CATEDRAL, SALVADOR
GUZMAN, BELCESAR CAUSING, FLORENIA BARRIDO, PURIFICACION
CORONADO, GRACIANO LUCERO, ARITEO THOMAS JAMIR, MELQUIADES
BATISANAN, PEPITO IYULORES, ESPERIDION PARTISALA, WINIFREDO
ESPADA, ROSARIO ALINGASA, ADELFA PREMAYLON, SANTIAGO
PACAONSIS, and AVELINA A. MAGNO, the last as Administratrix in Sp. Proc.
No. 1307, appellees, WESTERN INSTITUTE OF TECHNOLOGY, INC., movant-
appellee.
San Juan, Africa, Gonzales and San Agustin for Philippine Commercial and
Industrial Bank.
Manglapus Law Office, Antonio Law Office and Rizal R. Quimpo for private
respondents and appellees Avelina A. Magno, etc., et al.
BARREDO, J.:p
Certiorari and prohibition with preliminary injunction; certiorari to "declare all acts of
the respondent court in the Testate Estate of Linnie Jane Hodges (Sp. Proc. No.
1307 of the Court of First Instance of Iloilo) subsequent to the order of December
14, 1957 as null and void for having been issued without jurisdiction"; prohibition to
enjoin the respondent court from allowing, tolerating, sanctioning, or abetting private
respondent Avelina A. Magno to perform or do any acts of administration, such as
those enumerated in the petition, and from exercising any authority or power as
Regular Administratrix of above-named Testate Estate, by entertaining
manifestations, motion and pleadings filed by her and acting on them, and also to
enjoin said court from allowing said private respondent to interfere, meddle or take
part in any manner in the administration of the Testate Estate of Charles Newton
Hodges (Sp. Proc. No. 1672 of the same court and branch); with prayer for
preliminary injunction, which was issued by this Court on August 8, 1967 upon a
G.R. Nos. L-27860 and L-27896 March 29, 1974
bond of P5,000; the petition being particularly directed against the orders of the
respondent court of October 12, 1966 denying petitioner's motion of April 22, 1966
PHILIPPINE COMMERCIAL AND INDUSTRIAL BANK, Administrator of the and its order of July 18, 1967 denying the motion for reconsideration of said order.
Testate Estate of Charles Newton Hodges (Sp. Proc. No. 1672 of the Court of
First Instance of Iloilo), petitioner,
Related to and involving basically the same main issue as the foregoing petition,
vs.
thirty-three (33) appeals from different orders of the same respondent court
THE HONORABLE VENICIO ESCOLIN, Presiding Judge of the Court of First
approving or otherwise sanctioning the acts of administration of the respondent
Instance of Iloilo, Branch II, and AVELINA A. MAGNO, respondents.
Magno on behalf of the testate Estate of Mrs. Hodges.
TESTATE ESTATE OF THE LATE LINNIE JANE HODGES (Sp. Proc. No. 1307).
On May 23, 1957, Linnie Jane Hodges died in Iloilo City leaving a will executed on
TESTATE ESTATE OF THE LATE CHARLES NEWTON HODGES (Sp. Proc. No.
November 22, 1952 pertinently providing as follows:
1672). PHILIPPINE COMMERCIAL AND INDUSTRIAL BANK, administrator-
Comes the Executor in the above-entitled proceedings, thru his 5. That it is respectfully requested, all the sales, conveyances
undersigned attorney, to the Hon. Court, most respectfully states: leases and mortgages executed by the Executor, be approved by
the Hon. Court. and subsequent sales conveyances, leases and
1. That according to the last will and testament of the deceased mortgages in compliances with the wishes of the late Linnie Jane
Linnie Jane Hodges, the executor as the surviving spouse and Hodges, and within the scope of the terms of the last will and
legatee named in the will of the deceased; has the right to dispose testament, also be approved;
of all the properties left by the deceased, portion of which is
quoted as follows:
CONFLICTS OF LAW FEB 23 ASS CASES 28
6. That the Executor is under obligation to submit his yearly That a certified public accountant has examined the statement of
accounts, and the properties conveyed can also be accounted for, net worth of the estate of Linnie Jane Hodges, the assets and
especially the amounts received. liabilities, as well as the income and expenses, copy of which is
hereto attached and made integral part of this statement of
WHEREFORE, it is most respectfully prayed that, all the sales, account as Annex "A".
conveyances, leases, and mortgages executed by the Executor,
be approved by the Hon. Court, and also the subsequent sales, IN VIEW OF THE FOREGOING, it is most respectfully prayed
conveyances, leases, and mortgages in consonance with the that, the statement of net worth of the estate of Linnie Jane
wishes of the deceased contained in her last will and testament, Hodges, the assets and liabilities, income and expenses as shown
be with authorization and approval of the Hon. Court. in the individual income tax return for the estate of the deceased
and marked as Annex "A", be approved by the Honorable Court,
City of Iloilo, December 11, 1967. as substantial compliance with the requirements of the Rules of
Court.
(Annex "G", Petition.)
That no person interested in the Philippines of the time and place
of examining the herein accounts be given notice, as herein
which again was promptly granted by the respondent court on December 14, 1957 executor is the only devisee or legatee of the deceased, in
as follows: accordance with the last will and testament already probated by
the Honorable court.
ORDER
City of Iloilo April 14, 1959.
As prayed for by Attorney Gellada, counsel for the Executor for
the reasons stated in his motion dated December 11, 1957, which (Annex "I", Petition.)
the Court considers well taken all the sales, conveyances, leases
and mortgages of all properties left by the deceased Linnie Jane
Hodges executed by the Executor Charles N. Hodges are hereby The respondent court approved this statement of account on April 21, 1959 in its
APPROVED. The said Executor is further authorized to execute order worded thus:
subsequent sales, conveyances, leases and mortgages of the
properties left by the said deceased Linnie Jane Hodges in Upon petition of Atty. Gellada, in representation of the Executor,
consonance with the wishes conveyed in the last will and the statement of net worth of the estate of Linnie Jane Hodges,
testament of the latter. assets and liabilities, income and expenses as shown in the
individual income tax return for the estate of the deceased and
So ordered. marked as Annex "A" is approved.
On April 14, 1959, in submitting his first statement of account as Executor for (Annex "J", Petition.)
approval, Hodges alleged:
His accounts for the periods January 1, 1959 to December 31, 1959 and January 1,
Pursuant to the provisions of the Rules of Court, herein executor 1960 to December 31, 1960 were submitted likewise accompanied by allegations
of the deceased, renders the following account of his identical mutatis mutandis to those of April 14, 1959, quoted above; and the
administration covering the period from January 1, 1958 to respective orders approving the same, dated July 30, 1960 and May 2, 1961, were
December 31, 1958, which account may be found in detail in the substantially identical to the above-quoted order of April 21, 1959. In connection with
individual income tax return filed for the estate of deceased Linnie the statements of account just mentioned, the following assertions related thereto
Jane Hodges, to wit: made by respondent-appellee Magno in her brief do not appear from all indications
discernible in the record to be disputable:
CONFLICTS OF LAW FEB 23 ASS CASES 29
Under date of April 14, 1959, C.N. Hodges filed his first "Account In the petition for probate that he (Hodges) filed, he listed the
by the Executor" of the estate of Linnie Jane Hodges. In the seven brothers and sisters of Linnie Jane as her "heirs" (see p. 2,
"Statement of Networth of Mr. C.N. Hodges and the Estate of Green ROA). The order of the court admitting the will to probate
Linnie Jane Hodges" as of December 31, 1958 annexed thereto, unfortunately omitted one of the heirs, Roy Higdon (see p. 14,
C.N. Hodges reported that the combined conjugal estate earned a Green ROA). Immediately, C.N. Hodges filed a verified motion to
net income of P328,402.62, divided evenly between him and the have Roy Higdon's name included as an heir, stating that he
estate of Linnie Jane Hodges. Pursuant to this, he filed an wanted to straighten the records "in order the heirs of deceased
"individual income tax return" for calendar year 1958 on the estate Roy Higdon may not think or believe they were omitted, and that
of Linnie Jane Hodges reporting, under oath, the said estate as they were really and are interested in the estate of deceased
having earned income of P164,201.31, exactly one-half of the net Linnie Jane Hodges. .
income of his combined personal assets and that of the estate of
Linnie Jane Hodges. (p. 91, Appellee's Brief.) As an executor, he was bound to file tax returns for the estate he
was administering under American law. He did file such as estate
xxx xxx xxx tax return on August 8, 1958. In Schedule "M" of such return, he
answered "Yes" to the question as to whether he was
Under date of July 21, 1960, C.N. Hodges filed his second contemplating "renouncing the will". On the question as to what
"Annual Statement of Account by the Executor" of the estate of property interests passed to him as the surviving spouse, he
Linnie Jane Hodges. In the "Statement of Networth of Mr. C.N. answered:
Hodges and the Estate of Linnie Jane Hodges" as of December
31, 1959 annexed thereto, C.N. Hodges reported that the "None, except for purposes of administering the
combined conjugal estate earned a net income of P270,623.32, Estate, paying debts, taxes and other legal
divided evenly between him and the estate of Linnie Jane charges. It is the intention of the surviving
Hodges. Pursuant to this, he filed an "individual income tax return" husband of deceased to distribute the remaining
for calendar year 1959 on the estate of Linnie Jane Hodges property and interests of the deceased in their
reporting, under oath, the said estate as having earned income of Community estate to the devisees and legatees
P135,311.66, exactly one-half of the net income of his combined named in the will when the debts, liabilities,
personal assets and that of the estate of Linnie Jane Hodges. (pp. taxes and expenses of administration are finally
91-92. Appellee's Brief.) determined and paid."
xxx xxx xxx Again, on August 9, 1962, barely four months before his death, he
executed an "affidavit" wherein he ratified and confirmed all that
Under date of April 20, 1961, C.N. Hodges filed his third "Annual he stated in Schedule "M" of his estate tax returns as to his having
Statement of Account by the Executor for the Year 1960" of the renounced what was given him by his wife's will. 1
estate of Linnie Jane Hodges. In the "Statement of Net Worth of
Mr. C.N. Hodges and the Estate of Linnie Jane Hodges" as of As appointed executor, C.N. Hodges filed an "Inventory" dated
December 31, 1960 annexed thereto, C.N. Hodges reported that May 12, 1958. He listed all the assets of his conjugal partnership
the combined conjugal estate earned a net income of with Linnie Jane Hodges on a separate balance sheet and then
P314,857.94, divided evenly between him and the estate of Linnie stated expressly that her estate which has come into his
Jane Hodges. Pursuant to this, he filed an "individual income tax possession as executor was "one-half of all the items" listed in
return" for calendar year 1960 on the estate of Linnie Jane said balance sheet. (Pp. 89-90, Appellee's Brief.)
Hodges reporting, under oath, the said estate as having earned
income of P157,428.97, exactly one-half of the net income of his Parenthetically, it may be stated, at this juncture, that We are taking pains to quote
combined personal assets and that of the estate of Linnie Jane wholly or at least, extensively from some of the pleadings and orders whenever We
Hodges. (Pp. 92-93, Appellee's Brief.) feel that it is necessary to do so for a more comprehensive and clearer view of the
important and decisive issues raised by the parties and a more accurate appraisal of
Likewise the following: their respective positions in regard thereto.
2. That last December 22, 1962, the said Charles Newton Hodges 8. That the most trusted employee of both spouses Linnie Jane
was stricken ill, and brought to the Iloilo Mission Hospital for Hodges and C.N. Hodges, who had been employed for around
treatment, but unfortunately, he died on December 25, 1962, as thirty (30) years, in the person of Miss Avelina Magno, (should) be
shown by a copy of the death certificate hereto attached and appointed Administratrix of the estate of Linnie Jane Hodges and
marked as Annex "A". at the same time Special Administratrix of the estate of Charles
Newton Hodges. That the said Miss Avelina Magno is of legal age,
a resident of the Philippines, the most fit, competent, trustworthy
3. That in accordance with the provisions of the last will and and well-qualified person to serve the duties of Administratrix and
testament of Linnie Jane Hodges, whatever real and personal Special Administratrix and is willing to act as such.
properties that may remain at the death of her husband Charles
Newton Hodges, the said properties shall be equally divided
among their heirs. That there are real and personal properties left 9. That Miss Avelina Magno is also willing to file bond in such sum
by Charles Newton Hodges, which need to be administered and which the Hon. Court believes reasonable.
taken care of.
WHEREFORE, in view of all the foregoing, it is most respectfully
4. That the estate of deceased Linnie Jane Hodges, as well as prayed that, Miss AVELINA A. MAGNO be immediately appointed
that of Charles Newton Hodges, have not as yet been determined Administratrix of the estate of Linnie Jane Hodges and as Special
or ascertained, and there is necessity for the appointment of a Administratrix of the estate of Charles Newton Hodges, with
general administrator to liquidate and distribute the residue of the powers and duties provided for by law. That the Honorable Court
estate to the heirs and legatees of both spouses. That in fix the reasonable bond of P1,000.00 to be filed by Avelina A.
accordance with the provisions of Section 2 of Rule 75 of the Magno.
Rules of Court, the conjugal partnership of Linnie Jane Hodges
and Charles Newton Hodges shall be liquidated in the testate (Annex "O", Petition.)
proceedings of the wife.
which respondent court readily acted on in its order of even date thus: .
5. That the undersigned counsel, has perfect personal knowledge
of the existence of the last will and testament of Charles Newton For the reasons alleged in the Urgent Ex-parte Motion filed by
Hodges, with similar provisions as that contained in the last will counsel for the Executor dated December 25, 1962, which the
and testament of Linnie Jane Hodges. However, said last will and Court finds meritorious, Miss AVELINA A. MAGNO, is hereby
CONFLICTS OF LAW FEB 23 ASS CASES 31
appointed Administratrix of the estate of Linnie Jane Hodges and administering the estate, paying debts, taxes and other legal charges" and it was the
as Special Administratrix of the estate of Charles Newton Hodges, intention of the surviving husband of the deceased to distribute the remaining
in the latter case, because the last will of said Charles Newton property and interests of the deceased in their Community Estate to the devisees
Hodges is still kept in his vault or iron safe and that the real and and legatees named in the will when the debts, liabilities, taxes and expenses of
personal properties of both spouses may be lost, damaged or go administration are finally determined and paid", that the incidents and controversies
to waste, unless a Special Administratrix is appointed. now before Us for resolution arose. As may be observed, the situation that ensued
upon the death of Hodges became rather unusual and so, quite understandably, the
Miss Avelina A. Magno is required to file bond in the sum of FIVE lower court's actuations presently under review are apparently wanting in
THOUSAND PESOS (P5,000.00), and after having done so, let consistency and seemingly lack proper orientation.
letters of Administration be issued to her." (Annex "P", Petition.)
Thus, We cannot discern clearly from the record before Us the precise perspective
On December 29, 1962, however, upon urgent ex-parte petition of from which the trial court proceeded in issuing its questioned orders. And,
respondent Magno herself, thru Atty. Gellada, Harold, R. Davies, regretably, none of the lengthy briefs submitted by the parties is of valuable
"a representative of the heirs of deceased Charles Newton assistance in clearing up the matter.
Hodges (who had) arrived from the United States of America to
help in the administration of the estate of said deceased" was To begin with, We gather from the two records on appeal filed by petitioner, as
appointed as Co-Special Administrator of the estate of Hodges, appellant in the appealed cases, one with green cover and the other with a yellow
(pp. 29-33, Yellow - Record on Appeal) only to be replaced as cover, that at the outset, a sort of modus operandi had been agreed upon by the
such co-special administrator on January 22, 1963 by Joe parties under which the respective administrators of the two estates were supposed
Hodges, who, according to the motion of the same attorney, is to act conjointly, but since no copy of the said agreement can be found in the record
"the nephew of the deceased (who had) arrived from the United before Us, We have no way of knowing when exactly such agreement was entered
States with instructions from the other heirs of the deceased to into and under what specific terms. And while reference is made to said modus
administer the properties or estate of Charles Newton Hodges in operandi in the order of September 11, 1964, on pages 205-206 of the Green
the Philippines, (Pp. 47-50, id.) Record on Appeal, reading thus:
Meanwhile, under date of January 9, 1963, the same Atty. Gellada filed in Special The present incident is to hear the side of administratrix, Miss
Proceedings 1672 a petition for the probate of the will of Hodges, 2 with a prayer for Avelina A. Magno, in answer to the charges contained in the
the issuance of letters of administration to the same Joe Hodges, albeit the motion motion filed by Atty. Cesar Tirol on September 3, 1964. In answer
was followed on February 22, 1963 by a separate one asking that Atty. Fernando to the said charges, Miss Avelina A. Magno, through her counsel,
Mirasol be appointed as his co-administrator. On the same date this latter motion Atty. Rizal Quimpo, filed a written manifestation.
was filed, the court issued the corresponding order of probate and letters of
administration to Joe Hodges and Atty. Mirasol, as prayed for. After reading the manifestation here of Atty. Quimpo, for and in
behalf of the administratrix, Miss Avelina A. Magno, the Court finds
At this juncture, again, it may also be explained that just as, in her will, Mrs. Hodges that everything that happened before September 3, 1964, which
bequeathed her whole estate to her husband "to have and to hold unto him, my said was resolved on September 8, 1964, to the satisfaction of parties,
husband, during his natural lifetime", she, at the same time or in like manner, was simply due to a misunderstanding between the representative
provided that "at the death of my said husband I give devise and bequeath all of of the Philippine Commercial and Industrial Bank and Miss Magno
the rest, residue and remainder of my estate, both real and personal, wherever and in order to restore the harmonious relations between the
situated or located, to be equally divided among my brothers and sisters, share and parties, the Court ordered the parties to remain in status quo as to
share alike ". Accordingly, it became incumbent upon Hodges, as executor of his their modus operandi before September 1, 1964, until after the
wife's will, to duly liquidate the conjugal partnership, half of which constituted her Court can have a meeting with all the parties and their counsels
estate, in order that upon the eventuality of his death, "the rest, residue and on October 3, as formerly agreed upon between counsels, Attys.
remainder" thereof could be determined and correspondingly distributed or divided Ozaeta, Gibbs and Ozaeta, Attys. Tirol and Tirol and Atty. Rizal
among her brothers and sisters. And it was precisely because no such liquidation Quimpo.
was done, furthermore, there is the issue of whether the distribution of her estate
should be governed by the laws of the Philippines or those of Texas, of which State In the meantime, the prayers of Atty. Quimpo as stated in his
she was a national, and, what is more, as already stated, Hodges made official and manifestation shall not be resolved by this Court until October 3,
sworn statements or manifestations indicating that as far as he was concerned no 1964.
"property interests passed to him as surviving spouse "except for purposes of
Pursuant to the order of this Court thru Judge Bellosillo dated Likewise, in paragraph 3 of the petitioner's motion of September 14, 1964, on pages
September 11, 1964, it is hereby ordered: 188-201 of the Green Record on Appeal, (also found on pp. 83-91 of the Yellow
Record on Appeal) it is alleged that:
2. If services are rendered to both, fees should be pro-rated The administratrix of the estate of Linnie Jane Hodges is hereby
between them; directed to be needed to implement the approval of the agreement
annexed to the motion and the administrator of the estate of C. N.
3. Attorneys retained should not represent conflicting interests; to Hodges is directed to countersign the said check or checks as the
the prejudice of the other heirs not represented by said attorneys; case may be.
After the lower court had authorized appellee Avelina A. Magno to "1. In his lifetime, the late C. N. Hodges executed "Contracts to
execute final deeds of sale pursuant to contracts to sell executed Sell" real property, and the prospective buyers under said
by C. N. Hodges on February 20, 1963 (pp. 45-46, Green ROA), contracts have already paid the price and complied with the terms
motions for the approval of final deeds of sale (signed by appellee and conditions thereof;
Avelina A. Magno and the administrator of the estate of C. N.
Hodges, first Joe Hodges, then Atty. Fernando Mirasol and later
the appellant) were approved by the lower court upon petition of "2. In the course of administration of both estates, mortgage
appellee Magno's counsel, Atty. Leon P. Gellada, on the basis of debtors have already paid their debts secured by chattel
section 8 of Rule 89 of the Revised Rules of Court. Subsequently, mortgages in favor of the late C. N. Hodges, and are now entitled
the appellant, after it had taken over the bulk of the assets of the to release therefrom;
two estates, started presenting these motions itself. The first such
attempt was a "Motion for Approval of Deeds of Sale for "3. There are attached hereto documents executed jointly by the
Registered Land and Cancellations of Mortgages" dated July 21, Administratrix in Sp. Proc. No. 1307 and the Administrator in Sp.
1964 filed by Atty. Cesar T. Tirol, counsel for the appellant, thereto Proc. No. 1672, consisting of deeds of sale in favor
annexing two (2) final deeds of sale and two (2) cancellations of
mortgages signed by appellee Avelina A. Magno and D. R. Fernando Cano, Bacolod City, Occ. Negros
Paulino, Assistant Vice-President and Manager of the appellant Fe Magbanua, Iloilo City
(CFI Record, Sp. Proc. No. 1307, Vol. V, pp. 1694-1701). This Policarpio M. Pareno, La Paz, Iloilo City
motion was approved by the lower court on July 27, 1964. It was Rosario T. Libre, Jaro, Iloilo City
followed by another motion dated August 4, 1964 for the approval Federico B. Torres, Iloilo City
of one final deed of sale again signed by appellee Avelina A. Reynaldo T. Lataquin, La Paz, Iloilo City
Magno and D. R. Paulino (CFI Record, Sp. Proc. No. 1307. Vol. V,
pp. 1825-1828), which was again approved by the lower court on
CONFLICTS OF LAW FEB 23 ASS CASES 36
Anatolio T. Viray, Iloilo City SO ORDERED.
Benjamin Rolando, Jaro, Iloilo City
(Pp. 334-335, Green Record on Appeal.)
and cancellations of mortgages in favor of
On the other hand, as stated earlier, there were instances when respondent Magno
Pablo Manzano, Oton, Iloilo was given authority to act alone. For instance, in the other appealed order of
Ricardo M. Diana, Dao, San Jose, Antique December 19, 1964, on page 221 of the Green Record on Appeal, the respondent
Simplicio Tingson, Iloilo City court approved payments made by her of overtime pay to some employees of the
Amado Magbanua, Pototan, Iloilo court who had helped in gathering and preparing copies of parts of the records in
Roselia M. Baes, Bolo, Roxas City both estates as follows:
William Bayani, Rizal Estanzuela, Iloilo City
Elpidio Villarete, Molo, Iloilo City Considering that the expenses subject of the motion to approve
Norma T. Ruiz, Jaro, Iloilo City payment of overtime pay dated December 10, 1964, are
reasonable and are believed by this Court to be a proper charge
"4. That the approval of the aforesaid of administration chargeable to the testate estate of the late Linnie
documents will not reduce the assets of the Jane Hodges, the said expenses are hereby APPROVED and to
estates so as to prevent any creditor from be charged against the testate estate of the late Linnie Jane
receiving his full debt or diminish his dividend." Hodges. The administrator of the testate estate of the late Charles
Newton Hodges is hereby ordered to countersign the check or
And the prayer of this motion is indeed very revealing: checks necessary to pay the said overtime pay as shown by the
bills marked Annex "A", "B" and "C" of the motion.
"WHEREFORE, it is respectfully prayed that, under Rule 89,
Section 8 of the Rules of Court, this honorable court approve the SO ORDERED.
aforesaid deeds of sale and cancellations of mortgages." (Pp.
113-117, Appellee's Brief.) (Pp. 221-222, Green Record on Appeal.)
None of these assertions is denied in Petitioner's reply brief. Likewise, the respondent court approved deeds of sale executed by respondent
Magno alone, as Administratrix of the estate of Mrs. Hodges, covering properties in
Further indicating lack of concrete perspective or orientation on the part of the the name of Hodges, pursuant to "contracts to sell" executed by Hodges,
respondent court and its hesitancy to clear up matters promptly, in its other irrespective of whether they were executed by him before or after the death of his
appealed order of November 23, 1965, on pages 334-335 of the Green Record on wife. The orders of this nature which are also on appeal herein are the following:
Appeal, said respondent court allowed the movant Ricardo Salas, President of
appellee Western Institute of Technology (successor of Panay Educational 1. Order of March 30, 1966, on p. 137 of the Green Record on Appeal, approving
Institutions, Inc.), one of the parties with whom Hodges had contracts that are in the deed of sale executed by respondent Magno in favor of appellee Lorenzo Carles
question in the appeals herein, to pay petitioner, as Administrator of the estate of on February 24, 1966, pursuant to a "contract to sell" signed by Hodges on June 17,
Hodges and/or respondent Magno, as Administrator of the estate of Mrs. Hodges, 1958, after the death of his wife, which contract petitioner claims was cancelled by it
thus: for failure of Carles to pay the installments due on January 7, 1965.
Considering that in both cases there is as yet no judicial 2. Order of April 5, 1966, on pp. 139-140, id., approving the deed of sale executed
declaration of heirs nor distribution of properties to whomsoever by respondent Magno in favor of appellee Salvador Guzman on February 28, 1966
are entitled thereto, the Court believes that payment to both the pursuant to a "contract to sell" signed by Hodges on September 13, 1960, after the
administrator of the testate estate of C. N. Hodges and the death of his wife, which contract petitioner claims it cancelled on March 3, 1965 in
administratrix of the testate estate of Linnie Jane Hodges or to view of failure of said appellee to pay the installments on time.
either one of the two estates is proper and legal.
3. Order of April 20, 1966, on pp. 167-168, id., approving the deed of sale executed
WHEREFORE, movant Ricardo T. Salas can pay to both estates by respondent Magno in favor of appellee Purificacion Coronado on March 28, 1966
or either of them.
(4) On December 14, 1957 this Honorable Court, on the basis of (6) On July 30, 1960 this Honorable Court approved the "Annual
the following allegations in a Motion dated December 11, 1957 Statement of Account" submitted by C. N. Hodges through his
filed by Leon P. Gellada as attorney for the executor C. N. counsel Leon P. Gellada on July 21, 1960 wherein he alleged
Hodges: among other things:
"That herein Executor, (is) not only part owner "That no person interested in the Philippines of
of the properties left as conjugal, but also, the the time and place of examining the herein
successor to all the properties left by the account, be given notice as herein executor is
deceased Linnie Jane Hodges." the only devisee or legatee of the deceased
Linnie Jane Hodges, in accordance with the last
(p. 44, Rec. Sp. Proc. 1307; emphasis will and testament of the deceased, already
supplied.) probated by this Honorable Court."
issued the following order: (pp. 81-82. Rec. Sp. Proc. 1307; emphasis
supplied.)
"As prayed for by Attorney Gellada, counsel for
the Executory, for the reasons stated in his (7) On May 2, 1961 this Honorable court approved the "Annual
motion dated December 11, 1957 which the Statement of Account By The Executor for the Year 1960"
court considers well taken, all the sales, submitted through Leon P. Gellada on April 20, 1961 wherein he
conveyances, leases and mortgages of all alleged:
properties left by the deceased Linnie Jane
Hodges are hereby APPROVED. The said That no person interested in the Philippines be
executor is further authorized to execute given notice, of the time and place of examining
subsequent sales, conveyances, leases and the herein account, as herein Executor is the
mortgages of the properties left by the said only devisee or legatee of the deceased Linnie
deceased Linnie Jane Hodges in consonance Jane Hodges, in accordance with the last will
with the wishes contained in the last will and and testament of the deceased, already
testament of the latter." probated by this Honorable Court.
(p. 46, Rec. Sp. Proc. 1307; emphasis (pp. 90-91. Rec. Sp. Proc. 1307; emphasis
supplied.) supplied.)
(5) On April 21, 1959 this Honorable Court approved the inventory (8) On December 25, 1962, C.N. Hodges died.
and accounting submitted by C. N. Hodges through his counsel
Leon P. Gellada on April 14, 1959 wherein he alleged among (9) On December 25, 1962, on the Urgent Ex-parte Motion of
other things Leon P. Gellada filed only in Special Proceeding No. 1307, this
Honorable Court appointed Avelina A. Magno
(p. 102, Rec. Sp. Proc. 1307) 3. That since January, 1963, both estates of
Linnie Jane Hodges and Charles Newton
(11) On January 22, 1963 this Honorable Court on petition of Leon Hodges have been receiving in full, payments
P. Gellada of January 21, 1963 issued Letters of Administration to: for those "contracts to sell" entered into by C. N.
Hodges during his lifetime, and the purchasers
(a) Avelina A. Magno as Administratrix of the estate of Linnie Jane have been demanding the execution of definite
Hodges; deeds of sale in their favor.
(b) Avelina A. Magno as Special Administratrix of the Estate of 4. That hereto attached are thirteen (13)
Charles Newton Hodges; and copies deeds of sale executed by the
Administratrix and by the co-administrator
(Fernando P. Mirasol) of the estate of Linnie
(c) Joe Hodges as Co-Special Administrator of the Estate of Jane Hodges and Charles Newton Hodges
Charles Newton Hodges. respectively, in compliance with the terms and
conditions of the respective "contracts to sell"
(p. 43, Rec. Sp. Proc. 1307) executed by the parties thereto."
(12) On February 20, 1963 this Honorable Court on the basis of a (14) The properties involved in the aforesaid motion of September
motion filed by Leon P. Gellada as legal counsel on February 16, 16, 1963 are all registered in the name of the deceased C. N.
1963 for Avelina A. Magno acting as Administratrix of the Estate of Hodges.
Charles Newton Hodges (pp. 114-116, Sp. Proc. 1307) issued the
following order: (15) Avelina A. Magno, it is alleged on information and belief, has
been advertising in the newspaper in Iloilo thusly:
"... se autoriza a aquella (Avelina A. Magno) a
firmar escrituras de venta definitiva de For Sale
propiedades cubiertas por contratos para
vender, firmados, en vida, por el finado Charles
CONFLICTS OF LAW FEB 23 ASS CASES 40
Testate Estate of Linnie Jane Hodges and Charles Newton (3) Pending this Honorable Court's adjudication of the aforesaid
Hodges. issues, Avelina A. Magno to stop, unless she first secures the
conformity of Joe Hodges (or his duly authorized representative,
All Real Estate or Personal Property will be sold on First Come such as the undersigned attorneys) as the Co-administrator and
First Served Basis. attorney-in-fact of a majority of the beneficiaries of the estate of C.
N. Hodges:
Avelina A. Magno
Administratrix (a) Advertising the sale and the sale of the properties of the
estates:
(16) Avelina A. Magno, it is alleged on information and belief, has
paid and still is paying sums of money to sundry persons. (b) Employing personnel and paying them any compensation.
(17) Joe Hodges through the undersigned attorneys manifested (4) Such other relief as this Honorable Court may deem just and
during the hearings before this Honorable Court on September 5 equitable in the premises. (Annex "T", Petition.)
and 6, 1963 that the estate of C. N. Hodges was claiming all of the
assets belonging to the deceased spouses Linnie Jane Hodges Almost a year thereafter, or on September 14, 1964, after the co-administrators Joe
and C. N. Hodges situated in Philippines because of the aforesaid Hodges and Fernando P. Mirasol were replaced by herein petitioner Philippine
election by C. N. Hodges wherein he claimed and took possession Commercial and Industrial Bank as sole administrator, pursuant to an agreement of
as sole owner of all of said assets during the administration of the all the heirs of Hodges approved by the court, and because the above motion of
estate of Linnie Jane Hodges on the ground that he was the sole October 5, 1963 had not yet been heard due to the absence from the country of Atty.
devisee and legatee under her Last Will and Testament. Gibbs, petitioner filed the following:
(18) Avelina A. Magno has submitted no inventory and accounting MANIFESTATION AND MOTION, INCLUDING
of her administration as Administratrix of the estate of Linnie Jane MOTION TO SET FOR HEARING AND
Hodges and Special Administratrix of the estate of C. N. Hodges. RESOLVE "URGENT MOTION FOR AN
However, from manifestations made by Avelina A. Magno and her ACCOUNTING AND DELIVERY TO
legal counsel, Leon P. Gellada, there is no question she will claim ADMINISTRATORS OF THE ESTATE OF C. N.
that at least fifty per cent (50%) of the conjugal assets of the HODGES OF ALL THE ASSETS OF THE
deceased spouses and the rents, emoluments and income CONJUGAL PARTNERSHIP OF THE
therefrom belong to the Higdon family who are named in DECEASED LINNIE JANE HODGES AND C.
paragraphs Fourth and Fifth of the Will of Linnie Jane Hodges (p. N. HODGES EXISTING AS OF MAY 23, 1957
5, Rec. Sp. Proc. 1307). PLUS ALL OF THE RENTS, EMOLUMENTS
AND INCOME THEREFROM OF OCTOBER 5,
WHEREFORE, premises considered, movant respectfully prays 1963.
that this Honorable Court, after due hearing, order:
COMES NOW Philippine Commercial and Industrial Bank
(1) Avelina A. Magno to submit an inventory and accounting of all (hereinafter referred to as PCIB), the administrator of the estate of
of the funds, properties and assets of any character belonging to C. N. Hodges, deceased, in Special Proceedings No. 1672,
the deceased Linnie Jane Hodges and C. N. Hodges which have through its undersigned counsel, and to this Honorable Court
come into her possession, with full details of what she has done respectfully alleges that:
with them;
1. On October 5, 1963, Joe Hodges acting as the co-administrator
(2) Avelina A. Magno to turn over and deliver to the Administrator of the estate of C. N. Hodges filed, through the undersigned
of the estate of C. N. Hodges all of the funds, properties and attorneys, an "Urgent Motion For An Accounting and Delivery To
assets of any character remaining in her possession; Administrator of the Estate of C. N. Hodges of all Of The Assets
Of The Conjugal Partnership of The Deceased Linnie Jane
Hodges and C. N. Hodges Existing as Of May, 23, 1957 Plus All
"a monthly salary of P500.00 for her services as 17. Nothing further remains to be done in the estate of Linnie Jane
an employee of both estates." Hodges except to resolve the aforesaid Motion of October 5, 1963
and grant the PCIB the exclusive possession and control of all of
the records, properties and assets of the estate of C. N. Hodges.
24 ems.
18. Such assets as may have existed of the estate of Linnie Jane
13. Under the aforesaid agreement of January 24, 1964 and the Hodges were ordered by this Honorable Court in special
orders of this Honorable Court of same date, the PCIB as Proceedings No. 1307 to be turned over and delivered to C. N.
administrator of the estate of C. N. Hodges is entitled to the Hodges alone. He in fact took possession of them before his
exclusive possession of all records, properties and assets in the death and asserted and exercised the right of exclusive ownership
name of C. N. Hodges as of the date of his death on December over the said assets as the sole beneficiary of the estate of Linnie
25, 1962 which were in the possession of the deceased C. N. Jane Hodges.
Hodges on that date and which then passed to the possession of
Miss Magno in her capacity as Special Co-Administratrix of the
CONFLICTS OF LAW FEB 23 ASS CASES 44
WHEREFORE, premises considered, the PCIB respectfully and properties in the Philippines and in the States of Texas and
petitions that this Honorable court: Oklahoma, United States of America. All said properties
constituted their conjugal estate.
(1) Set the Motion of October 5, 1963 for hearing at the earliest
possible date with notice to all interested parties; 2. Although Texas was the domicile of origin of the Hodges
spouses, this Honorable Court, in its orders dated March 31 and
(2) Order Avelina A. Magno to submit an inventory and accounting December 12, 1964 (CFI Record, Sp. Proc. No. 1307, pp. ----; Sp.
as Administratrix of the Estate of Linnie Jane Hodges and Co- Proc. No. 1672, p. ----), conclusively found and categorically ruled
Administratrix of the Estate of C. N. Hodges of all of the funds, that said spouses had lived and worked for more than 50 years in
properties and assets of any character belonging to the deceased Iloilo City and had, therefore, acquired a domicile of choice in said
Linnie Jane Hodges and C. N. Hodges which have come into her city, which they retained until the time of their respective deaths.
possession, with full details of what she has done with them;
3. On November 22, 1952, Linnie Jane Hodges executed in the
(3) Order Avelina A. Magno to turn over and deliver to the PCIB as City of Iloilo her Last Will and Testament, a copy of which is hereto
administrator of the estate of C. N. Hodges all of the funds, attached as Annex "A". The bequests in said will pertinent to the
properties and assets of any character remaining in her present issue are the second, third, and fourth provisions, which
possession; we quote in full hereunder.
(4) Pending this Honorable Court's adjudication of the aforesaid SECOND: I give, devise and bequeath all of the
issues, order Avelina A. Magno and her representatives to stop rest, residue and remainder of my estate, both
interferring with the administration of the estate of C. N. Hodges personal and real, wherever situated, or
by the PCIB and its duly authorized representatives; located, to my husband, Charles Newton
Hodges, to have and to hold unto him, my said
husband during his natural lifetime.
(5) Enjoin Avelina A. Magno from working in the premises at 206-
208 Guanco Street, Iloilo City as an employee of the estate of C.
N. Hodges and approve her dismissal as such by the PCIB THIRD: I desire, direct and provide that my
effective August 31, 1964; husband, Charles Newton Hodges, shall have
the right to manage, control, use and enjoy said
estate during his lifetime, and he is hereby
(6) Enjoin James L. Sullivan, Attorneys Manglapus and Quimpo given the right to make any changes in the
and others allegedly representing Miss Magno from entering the physical properties of said estate by sale of any
premises at 206-208 Guanco Street, Iloilo City or any other part thereof which he think best, and the
properties of C. N. Hodges without the express permission of the purchase of any other or additional property as
PCIB; he may think best; to execute conveyances with
or without general or special warranty,
(7) Order such other relief as this Honorable Court finds just and conveying in fee simple or for any other term or
equitable in the premises. (Annex "U" Petition.) time, any property which he may deem proper
to dispose of; to lease any of the real property
On January 8, 1965, petitioner also filed a motion for "Official Declaration of Heirs of for oil, gas and/or other minerals, and all such
Linnie Jane Hodges Estate" alleging: deeds or leases shall pass the absolute fee
simple title to the interest so conveyed in such
property as he may elect to sell. All rents,
COMES NOW Philippine Commercial and Industrial Bank (hereinafter referred to as emoluments and income from said estate shall
PCIB), as administrator of the estate of the late C. N. Hodges, through the belong to him, and he is further authorized to
undersigned counsel, and to this Honorable Court respectfully alleges that: use any part of the principal of said estate as he
may need or desire. It is provided herein,
1. During their marriage, spouses Charles Newton Hodges and however, that he shall not sell or otherwise
Linnie Jane Hodges, American citizens originally from the State of dispose of any of the improved property now
Texas, U.S.A., acquired and accumulated considerable assets owned by us located at, in or near the City of
13. In his capacity as sole heir and successor to the estate of (c) On April 21, 1959, this Honorable Court approved the verified
Linnie Jane Hodges as above-stated, C. N. Hodges, shortly after inventory and accounting submitted by C. N. Hodges through his
the death of Linnie Jane Hodges, appropriated to himself the counsel Leon P. Gellada on April 14, 1959 wherein he alleged
entirety of her estate. He operated all the assets, engaged in among other things,
business and performed all acts in connection with the entirety of
"That no person interested in the Philippines be given notice, ofthe 18. Any claims by the HIGDONS under the above-quoted
time and place of examining the herein account, as herein provision of Linnie Jane Hodges' Will is without merit because
executor is the only devisee or legatee of the deceased Linnie said provision is void and invalid at least as to the Philippine
Jane Hodges, in accordance with the last will and testament ofthe assets. It should not, in anyway, affect the rights of the estate of C.
deceased, already probated by this Honorable Court." (CFI N. Hodges or his heirs to the properties, which C. N. Hodges
Record, Sp. Proc. No. 1307, pp. 90-91; emphasis supplied.) acquired by way of inheritance from his wife Linnie Jane Hodges
upon her death.
15. Since C. N. Hodges was the sole and exclusive heir of Linnie
Jane Hodges, not only by law, but in accordance with the (a) In spite of the above-mentioned provision in
dispositions of her will, there was, in fact, no need to liquidate the the Will of Linnie Jane Hodges, C. N. Hodges
conjugal estate of the spouses. The entirely of said conjugal acquired, not merely a usufructuary right, but
estate pertained to him exclusively, therefore this Honorable Court absolute title and ownership to her estate. In a
sanctioned and authorized, as above-stated, C. N. Hodges to recent case involving a very similar
manage, operate and control all the conjugal assets as owner. testamentary provision, the Supreme Court held
that the heir first designated acquired full
16. By expressly authorizing C. N. Hodges to act as he did in ownership of the property bequeathed by the
connection with the estate of his wife, this Honorable Court has will, not mere usufructuary rights. (Consolacion
(1) declared C. N. Hodges as the sole heir of the estate of Linnie Florentino de Crisologo, et al., vs. Manuel
Jane Hodges, and (2) delivered and distributed her estate to C. N.
7. That Avelina A. Magno, as administratrix of the estate of Linnie 6. That the last will and testament of Linnie Jane Hodges already
Jane Hodges, as well as the HIGDONS, has no right to intervene admitted to probate contains an institution of heirs in the following
or participate in the administration of the C. N. Hodges estate. words:
PCIB further prays for such and other relief as may be deemed "SECOND: I give, devise and bequeath all of
just and equitable in the premises." the rest, residue and remainder of my estate,
both personal and real, wherever situated or
located, to my beloved husband, Charles
(Record, pp. 265-277) Newton Hodges to have and to hold unto him,
my said husband, during his natural lifetime.
Before all of these motions of petitioner could be resolved, however, on December
21, 1965, private respondent Magno filed her own "Motion for the Official THIRD: I desire, direct and provide that my
Declaration of Heirs of the Estate of Linnie Jane Hodges" as follows: husband, Charles Newton Hodges, shall have
the right to manage, control, use and enjoy said
COMES NOW the Administratrix of the Estate of Linnie Jane estate during his lifetime, and, he is hereby
Hodges and, through undersigned counsel, unto this Honorable given the right to make any changes in the
Court most respectfully states and manifests: physical properties of said estate, by sale of any
part thereof which he may think best, and the
1. That the spouses Charles Newton Hodges and Linnie Jane purchase of any other or additional property as
Hodges were American citizens who died at the City of Iloilo after he may think best; to execute conveyances with
having amassed and accumulated extensive properties in the or without general or special warranty,
Philippines; conveying in fee simple or for any other term or
time, any property which he may deem proper
to dispose of; to lease any of the real property
2. That on November 22, 1952, Linnie Jane Hodges executed a for oil, gas and/or other minerals, and all such
last will and testament (the original of this will now forms part of deeds or leases shall pass the absolute fee
the records of these proceedings as Exhibit "C" and appears as simple title to the interest so conveyed in such
Sp. Proc. No. 1307, Folio I, pp. 17-18); property as he elect to sell. All rents,
emoluments and income from said estate shall
3. That on May 23, 1957, Linnie Jane Hodges died at the City of belong to him, and he is further authorized to
Iloilo at the time survived by her husband, Charles Newton use any part of the principal of said estate as he
may need or desire. It is provided herein,
CONFLICTS OF LAW FEB 23 ASS CASES 50
however, that he shall not sell or otherwise 9. That, accordingly, the only heirs left to receive the estate of
dispose of any of the improved property now Linnie Jane Hodges pursuant to her last will and testament, are
owned by us located at, in or near the City of her named brothers and sisters, or their heirs, to wit: Esta Higdon,
Lubbock Texas, but he shall have the full right to Emma Howell, Leonard Higdon, Aline Higdon and David Higdon,
lease, manage and enjoy the same during his the latter two being the wife and son respectively of the deceased
lifetime, above provided. He shall have the right Roy Higdon, Sadie Rascoe Era Boman and Nimroy Higdon, all of
to subdivide any farm land and sell lots therein, legal ages, American citizens, with residence at the State of
and may sell unimproved town lots. Texas, United States of America;
FOURTH: At the death of my said husband, 10. That at the time of the death of Linnie Jane Hodges on May
Charles Newton Hodges, I give, devise and 23, 1957, she was the co-owner (together with her husband
bequeath all of the rest, residue and remainder Charles Newton Hodges) of an undivided one-half interest in their
of my estate, both real and personal, wherever conjugal properties existing as of that date, May 23, 1957, which
situated or located, to be equally divided among properties are now being administered sometimes jointly and
my brothers and sisters, share and share alike, sometimes separately by the Administratrix of the estate of Linnie
namely: Jane Hodges and/or the Administrator of the estate of C. N.
Hodges but all of which are under the control and supervision of
Esta Higdon, Emma Howell, Leonard Higdon, this Honorable Court;
Roy Higdon, Sadie Rascoe, Era Boman and
Nimroy Higdon. 11. That because there was no separation or segregation of the
interests of husband and wife in the combined conjugal estate, as
FIFTH: In case of the death of any of my there has been no such separation or segregation up to the
brothers and/or sisters named in item Fourth, present, both interests have continually earned exactly the same
above, prior to the death of my husband, amount of "rents, emoluments and income", the entire estate
Charles Newton Hodges, then it is my will and having been continually devoted to the business of the spouses
bequest that the heirs of such deceased brother as if they were alive;
or sister shall take jointly the share which would
have gone to such brother or sister had she or 12. That the one-half interest of Linnie Jane Hodges in the
he survived." combined conjugal estate was earning "rents, emoluments and
income" until her death on May 23, 1957, when it ceased to be
7. That under the provisions of the last will and testament already saddled with any more charges or expenditures which are purely
above-quoted, Linnie Jane Hodges gave a life-estate or a usufruct personal to her in nature, and her estate kept on earning such
over all her estate to her husband, Charles Newton Hodges, and a "rents, emoluments and income" by virtue of their having been
vested remainder-estate or the naked title over the same estate to expressly renounced, disclaimed and repudiated by Charles
her relatives named therein; Newton Hodges to whom they were bequeathed for life under the
last will and testament of Linnie Jane Hodges;
8. That after the death of Linnie Jane Hodges and after the
admission to probate of her last will and testament, but during the 13. That, on the other hand, the one-half interest of Charles
lifetime of Charles Newton Hodges, the said Charles Newton Newton Hodges in the combined conjugal estate existing as of
Hodges with full and complete knowledge of the life-estate or May 23, 1957, while it may have earned exactly the same amount
usufruct conferred upon him by the will since he was then acting of "rents, emoluments and income" as that of the share pertaining
as Administrator of the estate and later as Executor of the will of to Linnie Jane Hodges, continued to be burdened by charges,
Linnie Jane Hodges, unequivocably and clearly through oral and expenditures, and other dispositions which are purely personal to
written declarations and sworn public statements, renounced, him in nature, until the death of Charles Newton Hodges himself
disclaimed and repudiated his life-estate and usufruct over the on December 25, 1962;
estate of Linnie Jane Hodges;
14. That of all the assets of the combined conjugal estate of Linnie
Jane Hodges and Charles Newton Hodges as they exist today, the
estate of Linnie Jane Hodges is clearly entitled to a portion more
CONFLICTS OF LAW FEB 23 ASS CASES 51
than fifty percent (50%) as compared to the portion to which the the estate of Linnie Jane Hodges for distribution to the heirs to
estate of Charles Newton Hodges may be entitled, which portions whom they properly belong and appertain.
can be exactly determined by the following manner:
(Green Record on Appeal, pp. 382-391)
a. An inventory must be made of the assets of
the combined conjugal estate as they existed on whereupon, instead of further pressing on its motion of January 8, 1965
the death of Linnie Jane Hodges on May 23, aforequoted, as it had been doing before, petitioner withdrew the said motion and in
1957 one-half of these assets belong to the addition to opposing the above motion of respondent Magno, filed a motion on April
estate of Linnie Jane Hodges; 22, 1966 alleging in part that:
b. An accounting must be made of the "rents, 1. That it has received from the counsel for the administratrix of
emoluments and income" of all these assets the supposed estate of Linnie Jane Hodges a notice to set her
again one-half of these belong to the estate of "Motion for Official Declaration of Heirs of the Estate of Linnie
Linnie Jane Hodges; Jane Hodges";
c. Adjustments must be made, after making a 2. That before the aforesaid motion could be heard, there are
deduction of charges, disbursements and other matters pending before this Honorable Court, such as:
dispositions made by Charles Newton Hodges
personally and for his own personal account
from May 23, 1957 up to December 25, 1962, a. The examination already ordered by this
as well as other charges, disbursements and Honorable Court of documents relating to the
other dispositions made for him and in his allegation of Avelina Magno that Charles
behalf since December 25, 1962 up to the Newton Hodges "through ... written declarations
present; and sworn public statements, renounced,
disclaimed and repudiated life-estate and
usufruct over the estate of Linnie Jane Hodges';
15. That there remains no other matter for disposition now insofar
as the estate of Linnie Jane Hodges is concerned but to complete
the liquidation of her estate, segregate them from the conjugal b. That "Urgent Motion for An Accounting and
estate, and distribute them to her heirs pursuant to her last will Delivery to the Estate of C. N. Hodges of All the
and testament. Assets of the Conjugal Partnership of the
Deceased Linnie Jane Hodges and C. N.
Hodges Existing as of May 23, 1957 Plus All the
WHEREFORE, premises considered, it is most respectfully Rents, Emoluments and Income Therefrom";
moved and prayed that this Honorable Court, after a hearing on
the factual matters raised by this motion, issue an order:
c. Various motions to resolve the aforesaid
motion;
a. Declaring the following persons, to wit: Esta Higdon, Emma
Howell, Leonard Higdon, Aline Higdon, David Higdon, Sadie
Rascoe, Era Boman and Nimroy Higdon, as the sole heirs under d. Manifestation of September 14, 1964,
the last will and testament of Linnie Jane Hodges and as the only detailing acts of interference of Avelina Magno
persons entitled to her estate; under color of title as administratrix of the
Estate of Linnie Jane Hodges;
b. Determining the exact value of the estate of Linnie Jane
Hodges in accordance with the system enunciated in paragraph which are all prejudicial, and which involve no issues of fact, all
14 of this motion; facts involved therein being matters of record, and therefore
require only the resolution of questions of law;
c. After such determination ordering its segregation from the
combined conjugal estate and its delivery to the Administratrix of
4. Defer the hearing and consideration of the motion for Said motion of December 11, 1957 was approved by the Court in
declaration of heirs in the Testate Estate of Linnie Jane Hodges consonance with the wishes contained in the last will and
until the matters hereinabove set forth are resolved. testament of Linnie Jane Hodges.
(Prayer, Annex "V" of Petition.)
That on April 21, 1959 this Court approved the inventory and
On October 12, 1966, as already indicated at the outset of this opinion, the accounting submitted by C. N. Hodges thru counsel Atty. Leon
respondent court denied the foregoing motion, holding thus: Gellada in a motion filed on April 14, 1959 stating therein that
executor C. N. Hodges is the only devisee or legatee of Linnie
Jane Hodges in accordance with the last will and testament
ORDER already probated by the Court.
On record is a motion (Vol. X, Sp. 1672, pp. 4379-4390) dated That on July 13, 1960 the Court approved the annual statement of
April 22, 1966 of administrator PCIB praying that (1) Immediately accounts submitted by the executor C. N. Hodges thru his counsel
order Avelina Magno to account for and deliver to the Atty. Gellada on July 21, 1960 wherein it is stated that the
administrator of the estate of C. N. Hodges all assets of the executor, C. N. Hodges is the only devisee or legatee of the
conjugal partnership of the deceased Linnie Jane Hodges and C. deceased Linnie Jane Hodges; that on May 2, 1961 the Court
CONFLICTS OF LAW FEB 23 ASS CASES 53
approved the annual statement of accounts submitted by A reply (Sp. 1672, Vol. X, pp. 4436-4444) dated May 11, 1966 of
executor, C. N. Hodges for the year 1960 which was submitted by the PCIB has been filed alleging that the motion dated April 22,
Atty. Gellada on April 20, 1961 wherein it is stated that executor 1966 of the PCIB is not to seek deferment of the hearing and
Hodges is the only devisee or legatee of the deceased Linnie consideration of the motion for official declaration of heirs of Linnie
Jane Hodges; Jane Hodges but to declare the testate estate of Linnie Jane
Hodges closed and for administratrix Magno to account for and
That during the hearing on September 5 and 6, 1963 the estate of deliver to the PCIB all assets of the conjugal partnership of the
C. N. Hodges claimed all the assets belonging to the deceased deceased spouses which has come to her possession plus all
spouses Linnie Jane Hodges and C. N. Hodges situated in the rents and income.
Philippines; that administratrix Magno has executed illegal acts to
the prejudice of the testate estate of C. N. Hodges. A rejoinder (Sp. 1672, Vol. X, pp. 4458-4462) of administratrix
Magno dated May 19, 1966 has been filed alleging that the motion
An opposition (Sp. 1672, Vol. X, pp. 4415-4421) dated April 27, dated December 11, 1957 only sought the approval of all
1966 of administratrix Magno has been filed asking that the conveyances made by C. N. Hodges and requested the Court
motion be denied for lack of merit and that the motion for the authority for all subsequent conveyances that will be executed by
official declaration of heirs of the estate of Linnie Jane Hodges be C. N. Hodges; that the order dated December 14, 1957 only
set for presentation and reception of evidence. approved the conveyances made by C. N. Hodges; that C. N.
Hodges represented by counsel never made any claim in the
estate of Linnie Jane Hodges and never filed a motion to declare
It is alleged in the aforesaid opposition that the examination of himself as the heir of the said Linnie Jane Hodges despite the
documents which are in the possession of administratrix Magno lapse of more than five (5) years after the death of Linnie Jane
can be made prior to the hearing of the motion for the official Hodges; that it is further alleged in the rejoinder that there can be
declaration of heirs of the estate of Linnie Jane Hodges, during no order of adjudication of the estate unless there has been a
said hearing. prior express declaration of heirs and so far no declaration of heirs
in the estate of Linnie Jane Hodges (Sp. 1307) has been made.
That the matters raised in the PCIB's motion of October 5, 1963
(as well as the other motion) dated September 14, 1964 have Considering the allegations and arguments in the motion and of
been consolidated for the purpose of presentation and reception the PCIB as well as those in the opposition and rejoinder of
of evidence with the hearing on the determination of the heirs of administratrix Magno, the Court finds the opposition and rejoinder
the estate of Linnie Jane Hodges. It is further alleged in the to be well taken for the reason that so far there has been no
opposition that the motion for the official declaration of heirs of the official declaration of heirs in the testate estate of Linnie Jane
estate of Linnie Jane Hodges is the one that constitutes a Hodges and therefore no disposition of her estate.
prejudicial question to the motions dated October 5 and
September 14, 1964 because if said motion is found meritorious
and granted by the Court, the PCIB's motions of October 5, 1963 WHEREFORE, the motion of the PCIB dated April 22, 1966 is
and September 14, 1964 will become moot and academic since hereby DENIED.
they are premised on the assumption and claim that the only heir (Annex "W", Petition)
of Linnie Jane Hodges was C. N. Hodges.
In its motion dated November 24, 1966 for the reconsideration of this order,
That the PCIB and counsel are estopped from further questioning petitioner alleged inter alia that:
the determination of heirs in the estate of Linnie Jane Hodges at
this stage since it was PCIB as early as January 8, 1965 which It cannot be over-stressed that the motion of December 11, 1957
filed a motion for official declaration of heirs of Linnie Jane was based on the fact that:
Hodges that the claim of any heirs of Linnie Jane Hodges can be
determined only in the administration proceedings over the estate a. Under the last will and testament of the
of Linnie Jane Hodges and not that of C. N. Hodges, since the deceased, Linnie Jane Hodges, the late Charles
heirs of Linnie Jane Hodges are claiming her estate and not the Newton Hodges was the sole heir instituted
estate of C. N. Hodges. insofar as her properties in the Philippines are
concerned;
Again, the motion of December 11, 1957 prayed that not only "all 4. The order of November 3, 1965 (pp. 313-320, id.) directing the
the sales, conveyances, leases, and mortgages executed by" the payment of attorney's fees, fees of the respondent administratrix,
late Charles Newton Hodges, but also all "the subsequent sales, etc. and the order of February 16, 1966 denying reconsideration
conveyances, leases, and mortgages ..." be approved and thereof.
authorized. This Honorable Court, in its order of December 14,
1957, "for the reasons stated" in the aforesaid motion, granted the 5. The order of November 23, 1965 (pp. 334-335, id.) allowing
same, and not only approved all the sales, conveyances, leases appellee Western Institute of Technology to make payments to
and mortgages of all properties left by the deceased Linnie Jane either one or both of the administrators of the two estates as well
Hodges executed by the late Charles Newton Hodges, but also as the order of March 7, 1966 (p. 462, id.) denying
authorized "all subsequent sales, conveyances, leases and reconsideration.
mortgages of the properties left by the said deceased Linnie Jane
Hodges. (Annex "X", Petition)
6. The various orders hereinabove earlier enumerated approving
deeds of sale executed by respondent Magno in favor of
and reiterated its fundamental pose that the Testate Estate of Linnie Jane Hodges appellees Carles, Catedral, Pablito, Guzman, Coronado, Barrido,
had already been factually, although not legally, closed with the virtual declaration of Causing, Javier, Lucero and Batisanan, (see pp. 35 to 37 of this
Hodges and adjudication to him, as sole universal heir of all the properties of the opinion), together with the two separate orders both dated
estate of his wife, in the order of December 14, 1957, Annex G. Still unpersuaded, December 2, 1966 (pp. 306-308, and pp. 308-309, Yellow Record
on July 18, 1967, respondent court denied said motion for reconsideration and held on Appeal) denying reconsideration of said approval.
that "the court believes that there is no justification why the order of October 12,
1966 should be considered or modified", and, on July 19, 1967, the motion of
respondent Magno "for official declaration of heirs of the estate of Linnie Jane 7. The order of January 3, 1967, on pp. 335-336, Yellow Record
Hodges", already referred to above, was set for hearing. on Appeal, approving similar deeds of sale executed by
respondent Magno, as those in No. 6, in favor of appellees
Pacaonsis and Premaylon, as to which no motion for
In consequence of all these developments, the present petition was filed on August reconsideration was filed.
1, 1967 (albeit petitioner had to pay another docketing fee on August 9, 1967, since
the orders in question were issued in two separate testate estate proceedings, Nos.
1307 and 1672, in the court below). 8. Lastly, the order of December 2, 1966, on pp. 305-306, Yellow
Record on Appeal, directing petitioner to surrender to appellees
Lucero, Batisanan, Javier, Pablito, Barrido, Catedral, Causing,
Together with such petition, there are now pending before Us for resolution herein, Guzman, and Coronado, the certificates of title covering the lands
appeals from the following: involved in the approved sales, as to which no motion for
reconsideration was filed either.
1. The order of December 19, 1964 authorizing payment by
respondent Magno of overtime pay, (pp. 221, Green Record on Strictly speaking, and considering that the above orders deal with different matters,
Appeal) together with the subsequent orders of January 9, 1965, just as they affect distinctly different individuals or persons, as outlined by petitioner
CONFLICTS OF LAW FEB 23 ASS CASES 55
in its brief as appellant on pp. 12-20 thereof, there are, therefore, thirty-three (33) APPELLEE, AVELINA A. MAGNO, COVERING PARCELS OF
appeals before Us, for which reason, petitioner has to pay also thirty-one (31) more LAND OWNED BY THE DECEASED, CHARLES NEWTON
docket fees. HODGES, AND THE CONTRACTS TO SELL COVERING WHICH
WERE EXECUTED BY HIM DURING HIS LIFETIME.
It is as well perhaps to state here as elsewhere in this opinion that in connection with
these appeals, petitioner has assigned a total of seventy-eight (LXXVIII) alleged XVI to XVIII
errors, the respective discussions and arguments under all of them covering also the
fundamental issues raised in respect to the petition for certiorari and prohibition, THE LOWER COURT ERRED IN APPROVING THE DEEDS OF
thus making it feasible and more practical for the Court to dispose of all these cases SALE IN FAVOR OF THE APPELLEES ADELFA PREMAYLON
together. 4 (LOT NO. 102), SANTIAGO PACAONSIS, AND ADELFA
PREMAYLON (LOT NO. 104) COVERING PARCELS OF LAND
The assignments of error read thus: FOR WHICH THEY HAVE NEVER PAID IN FULL IN
ACCORDANCE WITH THE ORIGINAL CONTRACTS TO SELL.
I to IV
XIX to XXI
THE ORDER COURT ERRED IN APPROVING THE FINAL
DEEDS OF SALE IN FAVOR OF THE APPELLEES, PEPITO G. THE LOWER COURT ERRED IN DETERMINING THE RIGHTS
IYULORES, ESPIRIDION PARTISALA, WINIFREDO C. ESPADA OF OWNERSHIP OVER REAL PROPERTY OF THE
AND ROSARIO ALINGASA, EXECUTED BY THE APPELLEE, APPELLEES ADELFA PREMAYLON (LOT NO. 102), SANTIAGO
AVELINA A. MAGNO, COVERING PARCELS OF LAND OWNED PACAONSIS, AND ADELFA PREMAYLON (LOT NO. 104) WHILE
BY THE DECEASED, CHARLES NEWTON HODGES, AND THE ACTING AS A PROBATE COURT.
CONTRACTS TO SELL COVERING WHICH WERE EXECUTED
BY HIM DURING HIS LIFETIME. XXII to XXV
THE LOWER COURT ERRED IN DETERMINING THE RIGHTS THE LOWER COURT ERRED IN APPROVING THE FINAL DEED
OF OWNERSHIP OVER REAL PROPERTY OF THE OF SALE EXECUTED IN FAVOR OF THE APPELLEES,
APPELLEES, PEPITO G. IYULORES, ESPIRIDION PARTISALA, LORENZO CARLES, JOSE PABLICO, ALFREDO CATEDRAL
WINIFREDO C. ESPADA AND ROSARIO ALINGASA, WHILE AND SALVADOR S. GUZMAN PURSUANT TO CONTRACTS TO
ACTING AS A PROBATE COURT. SPELL WHICH WERE CANCELLED AND RESCINDED.
THE LOWER COURT ERRED IN APPROVING THE FINAL THE LOWER COURT ERRED IN DETERMINING THE RIGHTS
DEEDS OF SALE IN FAVOR OF THE APPELLEES ADELFA OF OWNERSHIP OVER REAL PROPERTY OF THE LORENZO
PREMAYLON (LOT NO. 102), SANTIAGO PACAONSIS, AND CARLES, JOSE PABLICO, ALFREDO CATEDRAL AND
ADELFA PREMAYLON (LOT NO. 104), EXECUTED BY THE
CONFLICTS OF LAW FEB 23 ASS CASES 56
SALVADOR S. GUZMAN, WHILE ACTING AS A PROBATE LUCERO, ARITEO THOMAS JAMIR AND MELQUIADES
COURT. BATISANAN, PURSUANT TO CONTRACTS TO SELL
EXECUTED BY THEM WITH THE DECEASED, CHARLES
XXXV to XXXVI NEWTON HODGES, THE TERMS AND CONDITIONS OF
WHICH THEY HAVE NEVER COMPLIED WITH.
THE LOWER COURT ERRED IN APPROVING THE FINAL
DEEDS OF SALE IN FAVOR OF THE APPELLEES, FLORENIA XLVII to XLIX
BARRIDO AND PURIFICACION CORONADO, EXECUTED BY
THE APPELLEE, AVELINA A. MAGNO, COVERING PARCELS THE LOWER COURT ERRED IN DEPRIVING THE DECEASED,
OF LAND OWNED BY THE DECEASED, CHARLES NEWTON CHARLES NEWTON HODGES, OF HIS RIGHT, EXERCISED
HODGES, AND THE CONTRACTS TO SELL COVERING WHICH THROUGH HIS ADMINISTRATION, THE INSTANT APPELLANT,
WERE EXECUTED BY HIM DURING HIS LIFETIME. TO CANCEL THE CONTRACTS TO SELL OF THE APPELLEES,
GRACIANO LUCERO, ARITEO THOMAS JAMIR AND
XXXVII to XXXVIII MELQUIADES BATISANAN, AND IN DETERMINING THE
RIGHTS OF THE SAID APPELLEES OVER REAL PROPERTY
WHILE ACTING AS A PROBATE COURT.
THE LOWER COURT ERRED IN APPROVING THE DEEDS OF
SALE IN FAVOR OF THE APPELLEES, FLORENIA BARRIDO
AND PURIFICACION CORONADO, ALTHOUGH THEY WERE IN L
ARREARS IN THE PAYMENTS AGREED UPON IN THE
ORIGINAL CONTRACT TO SELL WHICH THEY EXECUTED THE LOWER COURT ERRED IN APPROVING THE FINAL
WITH THE DECEASED, CHARLES NEWTON HODGES, IN THE DEEDS OF SALE IN FAVOR OF THE APPELLEE, BELCESAR
AMOUNT OF P10,680.00 and P4,428.90, RESPECTIVELY. CAUSING, EXECUTED BY THE APPELLEE, AVELINA A.
MAGNO, COVERING PARCELS OF LAND OWNED BY THE
XXXIX to XL DECEASED, CHARLES NEWTON HODGES, AND THE
CONTRACTS TO SELL COVERING WHICH WERE EXECUTED
BY HIM DURING HIS LIFETIME.
THE LOWER COURT ERRED IN DEPRIVING THE DECEASED,
CHARLES NEWTON HODGES, OF THE CONTRACTUAL
RIGHT, EXERCISED THROUGH HIS ADMINISTRATOR, THE LI
INSTANT APPELLANT, TO CANCEL THE CONTRACTS TO SELL
OF THE APPELLEES, FLORENIA BARRIDO AND THE LOWER COURT ERRED IN APPROVING THE DEEDS OF
PURIFICACION CORONADO. SALE IN FAVOR OF THE APPELLEE, BELCESAR CAUSING,
ALTHOUGH HE WAS IN ARREARS IN THE PAYMENTS
XLI to XLIII AGREED UPON IN THE ORIGINAL CONTRACT TO SELL
WHICH HE EXECUTED WITH THE DECEASED, CHARLES
NEWTON HODGES, IN THE AMOUNT OF P2,337.50.
THE LOWER COURT ERRED IN APPROVING THE FINAL
DEEDS OF SALE IN FAVOR OF THE APPELLEES, GRACIANO
LUCERO, ARITEO THOMAS JAMIR AND MELQUIADES LII
BATISANAN, EXECUTED BY THE APPELLEE, AVELINA A.
MAGNO, COVERING PARCELS OF LAND OWNED BY THE THE LOWER COURT ERRED IN APPROVING THE DEED OF
DECEASED, CHARLES NEWTON HODGES, AND THE SALE IN FAVOR OF THE APPELLEE, BELCESAR CAUSING,
CONTRACTS TO SELL COVERING WHICH WERE EXECUTED ALTHOUGH THE SAME WAS NOT EXECUTED IN
BY HIM DURING HIS LIFETIME. ACCORDANCE WITH THE RULES OF COURT.
THE LOWER COURT ERRED IN APPROVING THE FINAL DEED THE LOWER COURT ERRED IN ORDERING THE APPELLANT,
OF SALE IN FAVOR OF THE APPELLEES, GRACIANO PHILIPPINE COMMERCIAL AND INDUSTRIAL BANK TO
CONFLICTS OF LAW FEB 23 ASS CASES 57
SURRENDER THE OWNER'S DUPLICATE CERTIFICATES OF CHARLES NEWTON HODGES, WHILE ACTING AS A PROBATE
TITLE OVER THE RESPECTIVE LOTS COVERED BY THE COURT.
DEEDS OF SALE EXECUTED BY THE APPELLEE, AVELINA A.
MAGNO, IN FAVOR OF THE OTHER APPELLEES, JOSE LXVII
PABLICO, ALFREDO CATEDRAL, SALVADOR S. GUZMAN,
FLRENIA BARRIDO, PURIFICACION CORONADO, BELCESAR
CAUSING, ARITEO THOMAS JAMIR, MAXIMA BATISANAN AND LOWER COURT ERRED IN ALLOWING THE CONTINUATION
GRACIANO L. LUCERO. OF PAYMENTS BY THE APPELLEE, WESTERN INSTITUTE OF
TECHNOLOGY, UPON A CONTRACT TO SELL EXECUTED BY
IT AND THE DECEASED, CHARLES NEWTON HODGES, TO A
LXII PERSON OTHER THAN HIS LAWFULLY APPOINTED
ADMINISTRATOR.
THE LOWER COURT ERRED IN RESOLVING THE MOTION OF
THE APPELLEE, WESTERN INSTITUTE OF TECHNOLOGY, LXVIII
DATED NOVEMBER 3, 1965, WITHOUT ANY COPY THEREOF
HAVING BEEN SERVED UPON THE APPELLANT, PHILIPPINE
COMMERCIAL & INDUSTRIAL BANK. THE LOWER COURT ERRED IN ORDERING THE PAYMENT OF
RETAINER'S FEES FROM THE SUPPOSED ESTATE OF THE
DECEASED, LINNIE JANE HODGES, WHEN THERE IS
LXIII NEITHER SUCH ESTATE NOR ASSETS THEREOF.
LXVI LXXII
THE LOWER COURT ERRED IN DETERMINING THE RIGHTS THE LOWER COURT ERRED IN ORDERING THAT ALL FINAL
OF THE APPELLEE, WESTERN INSTITUTE OF TECHNOLOGY DEEDS OF SALE EXECUTED PURSUANT TO CONTRACTS TO
OVER THE REAL PROPERTY SUBJECT MATTER OF THE SELL ENTERED INTO BY THE DECEASED, CHARLES
CONTRACT TO SELL IT EXECUTED WITH THE DECEASED, NEWTON HODGES, DURING HIS LIFETIME, BE SIGNED
JOINTLY BY THE APPELLEE, AVELINA A. MAGNO, AND THE
On Whether or Not There is Still Any Part of the Testate SECTION 1. When order for distribution of residue made.
Estate Mrs. Hodges that may be Adjudicated to her brothers When the debts, funeral charges, and expenses of administration,
and sisters as her estate, of which respondent Magno is the the allowance to the widow and inheritance tax, if any, chargeable
unquestioned Administratrix in special Proceedings 1307. to the estate in accordance with law have been paid, the court, on
the application of the executor or administrator, or of a person
interested in the estate, and after hearing upon notice, shall
In the petition, it is the position of PCIB that the respondent court exceeded its assign the residue of the estate to the persons entitled to the
jurisdiction or gravely abused its discretion in further recognizing after December 14, same, naming them and the proportions, or parts, to which each is
1957 the existence of the Testate Estate of Linnie Jane Hodges and in sanctioning entitled, and such persons may demand and recover their
purported acts of administration therein of respondent Magno. Main ground for such respective shares from the executor or administrator, or any other
posture is that by the aforequoted order of respondent court of said date, Hodges person having the same in his possession. If there is a
Under Section 753 of the Code of Civil Procedure, (corresponding Indeed, nowhere in the record does it appear that the trial court subsequently acted
to Section 1, Rule 90) what brings an intestate (or testate) upon the premise suggested by petitioner. On the contrary, on November 23, 1965,
proceeding to a close is the order of distribution directing delivery when the court resolved the motion of appellee Western Institute of Technology by
of the residue to the persons entitled thereto after paying the its order We have quoted earlier, it categorically held that as of said date, November
indebtedness, if any, left by the deceased. (Santiesteban vs. 23, 1965, "in both cases (Special Proceedings 1307 and 1672) there is as yet no
Santiesteban, 68 Phil. 367, 370.) judicial declaration of heirs nor distribution of properties to whomsoever are entitled
thereto." In this connection, it may be stated further against petitioner, by way of
some kind of estoppel, that in its own motion of January 8, 1965, already quoted in
In the cases at bar, We cannot discern from the voluminous and varied facts, full on pages 54-67 of this decision, it prayed inter alia that the court declare that "C.
pleadings and orders before Us that the above indispensable prerequisites for the N. Hodges was the sole and exclusive heir of the estate of Linnie Jane Hodges",
declaration of heirs and the adjudication of the estate of Mrs. Hodges had already which it would not have done if it were really convinced that the order of December
been complied with when the order of December 14, 1957 was issued. As already 14, 1957 was already the order of adjudication and distribution of her estate. That
stated, We are not persuaded that the proceedings leading to the issuance of said said motion was later withdrawn when Magno filed her own motion for determination
order, constituting barely of the motion of May 27, 1957, Annex D of the petition, the and adjudication of what should correspond to the brothers and sisters of Mrs.
order of even date, Annex E, and the motion of December 11, 1957, Annex H, all Hodges does not alter the indubitable implication of the prayer of the withdrawn
aforequoted, are what the law contemplates. We cannot see in the order of motion.
December 14, 1957, so much relied upon by the petitioner, anything more than an
1. That the Hon. Court issued orders dated June 29, 1957, None, except for purposes of administering the Estate, paying
ordering the probate of the will. debts, taxes and other legal charges. It is the intention of the
surviving husband of deceased to distribute the remaining
2. That in said order of the Hon. Court, the relatives of the property and interests of the deceased in their Community Estate
deceased Linnie Jane Hodges were enumerated. However, in the to the devisees and legatees named in the will when the debts,
petition as well as in the testimony of Executor during the hearing, liabilities, taxes and expenses of administration are finally
the name Roy Higdon was mentioned, but deceased. It was determined and paid. (Annex 4, Answer Record, p. 263)
unintentionally omitted the heirs of said Roy Higdon who are his
wife Aline Higdon and son David Higdon, all of age, and residents In addition, in the supposed affidavit of Hodges, Annex 5, it is stated:
of Quinlan, Texas, U.S.A.
I, C. N. Hodges, being duly sworn, on oath affirm that at the time
3. That to straighten the records, and in order the heirs of the United States Estate Tax Return was filed in the Estate of
deceased Roy Higdon may not think or believe they were omitted, Linnie Jane Hodges on August 8, 1958, I renounced and
and that they were really and are interested in the estate of disclaimed any and all right to receive the rents, emoluments and
deceased Linnie Jane Hodges, it is requested of the Hon. Court to income from said estate, as shown by the statement contained in
insert the names of Aline Higdon and David Higdon, wife and son Schedule M at page 29 of said return, a copy of which schedule is
of deceased Roy Higdon in the said order of the Hon. Court dated attached to this affidavit and made a part hereof.
June 29, 1957. (pars. 1 to 3, Annex 2 of Magno's Answer
Record, p. 260)
The purpose of this affidavit is to ratify and confirm, and I do
hereby ratify and confirm, the declaration made in Schedule M of
As can be seen, these italicized allegations indicate, more or less, the real attitude said return and hereby formally disclaim and renounce any right
of Hodges in regard to the testamentary dispositions of his wife. on my part to receive any of the said rents, emoluments and
income from the estate of my deceased wife, Linnie Jane Hodges.
In connection with this point of Hodges' intent, We note that there are documents, This affidavit is made to absolve me or my estate from any liability
copies of which are annexed to respondent Magno's answer, which purportedly for the payment of income taxes on income which has accrued to
contain Hodges' own solemn declarations recognizing the right of his co-heirs, such the estate of Linnie Jane Hodges since the death of the said
as the alleged tax return he filed with the United States Taxation authorities, Linnie Jane Hodges on May 23, 1957. (Annex 5, Answer
identified as Schedule M, (Annex 4 of her answer) and his supposed affidavit of Record, p. 264)
renunciation, Annex 5. In said Schedule M, Hodges appears to have answered the
pertinent question thus: Although it appears that said documents were not duly presented as evidence in the
court below, and We cannot, therefore, rely on them for the purpose of the present
2a. Had the surviving spouse the right to declare an election proceedings, still, We cannot close our eyes to their existence in the record nor fail
between (1) the provisions made in his or her favor by the will and to note that their tenor jibes with Our conclusion discussed above from the
(11) dower, curtesy or a statutory interest? (X) Yes ( ) No circumstances related to the orders of May 27 and December 14, 1957. 5 Somehow,
these documents, considering they are supposed to be copies of their originals
found in the official files of the governments of the United States and of the
CONFLICTS OF LAW FEB 23 ASS CASES 64
Philippines, serve to lessen any possible apprehension that Our conclusion from the conjugal estate occupies the position of a trustee of the highest
other evidence of Hodges' manifest intent vis-a-vis the rights of his co-heirs is order and is not permitted by the law to hold that estate or any
without basis in fact. portion thereof adversely to those for whose benefit the law
imposes upon him the duty of administration and liquidation. No
Verily, with such eloquent manifestations of his good intentions towards the other liquidation was ever made by Lasam hence, the conjugal
heirs of his wife, We find it very hard to believe that Hodges did ask the court and property which came into his possession on the death of his wife
that the latter agreed that he be declared her sole heir and that her whole estate be in September, 1908, still remains conjugal property, a continuing
adjudicated to him without so much as just annotating the contingent interest of her and subsisting trust. He should have made a liquidation
brothers and sisters in what would remain thereof upon his demise. On the contrary, immediately (desde luego). He cannot now be permitted to take
it seems to us more factual and fairer to assume that Hodges was well aware of his advantage of his own wrong. One of the conditions of title by
position as executor of the will of his wife and, as such, had in mind the following prescription (section 41, Code of Civil Procedure) is possession
admonition made by the Court in Pamittan vs. Lasam, et al., 60 Phil., 908, at pp. "under a claim of title exclusive of any other right". For a trustee to
913-914: make such a claim would be a manifest fraud.
Upon the death of Bernarda in September, 1908, said lands And knowing thus his responsibilities in the premises, We are not convinced that
continued to be conjugal property in the hands of the defendant Hodges arrogated everything unto himself leaving nothing at all to be inherited by
Lasam. It is provided in article 1418 of the Civil Code that upon his wife's brothers and sisters.
the dissolution of the conjugal partnership, an inventory shall
immediately be made and this court in construing this provision in PCIB insists, however, that to read the orders of May 27 and December 14, 1957,
connection with section 685 of the Code of Civil Procedure (prior not as adjudicatory, but merely as approving past and authorizing future dispositions
to its amendment by Act No. 3176 of November 24, 1924) has made by Hodges in a wholesale and general manner, would necessarily render the
repeatedly held that in the event of the death of the wife, the law said orders void for being violative of the provisions of Rule 89 governing the
imposes upon the husband the duty of liquidating the affairs of the manner in which such dispositions may be made and how the authority therefor and
partnership without delay (desde luego) (Alfonso vs. Natividad, 6 approval thereof by the probate court may be secured. If We sustained such a view,
Phil., 240; Prado vs. Lagera, 7 Phil., 395; De la Rama vs. De la the result would only be that the said orders should be declared ineffective either
Rama, 7 Phil., 745; Enriquez vs. Victoria, 10 Phil., 10; Amancio vs. way they are understood, considering We have already seen it is legally impossible
Pardo, 13 Phil., 297; Rojas vs. Singson Tongson, 17 Phil., 476; to consider them as adjudicatory. As a matter of fact, however, what surges
Sochayseng vs. Trujillo, 31 Phil., 153; Molera vs. Molera, 40 Phil., immediately to the surface, relative to PCIB's observations based on Rule 89, is that
566; Nable Jose vs. Nable Jose, 41 Phil., 713.) from such point of view, the supposed irregularity would involve no more than some
non-jurisdictional technicalities of procedure, which have for their evident
In the last mentioned case this court quoted with approval the fundamental purpose the protection of parties interested in the estate, such as the
case of Leatherwood vs. Arnold (66 Texas, 414, 416, 417), in heirs, its creditors, particularly the government on account of the taxes due it; and
which that court discussed the powers of the surviving spouse in since it is apparent here that none of such parties are objecting to said orders or
the administration of the community property. Attention was called would be prejudiced by the unobservance by the trial court of the procedure pointed
to the fact that the surviving husband, in the management of the out by PCIB, We find no legal inconvenience in nor impediment to Our giving
conjugal property after the death of the wife, was a trustee of sanction to the blanket approval and authority contained in said orders. This solution
unique character who is liable for any fraud committed by him with is definitely preferable in law and in equity, for to view said orders in the sense
relation to the property while he is charged with its administration. suggested by PCIB would result in the deprivation of substantive rights to the
In the liquidation of the conjugal partnership, he had wide powers brothers and sisters of Mrs. Hodges, whereas reading them the other way will not
(as the law stood prior to Act No. 3176) and the high degree of cause any prejudice to anyone, and, withal, will give peace of mind and stability of
trust reposed in him stands out more clearly in view of the fact that rights to the innocent parties who relied on them in good faith, in the light of the
he was the owner of a half interest in his own right of the conjugal peculiar pertinent provisions of the will of said decedent.
estate which he was charged to administer. He could therefore no
more acquire a title by prescription against those for whom he was Now, the inventory submitted by Hodges on May 12, 1958 referred to the estate of
administering the conjugal estate than could a guardian against his wife as consisting of "One-half of all the items designated in the balance sheet,
his ward or a judicial administrator against the heirs of estate. copy of which is hereto attached and marked as "Annex A"." Although, regrettably,
Section 38 of Chapter III of the Code of Civil Procedure, with no copy of said Annex A appears in the records before Us, We take judicial notice,
relation to prescription, provides that "this chapter shall not on the basis of the undisputed facts in these cases, that the same consists of
apply ... in the case of a continuing and subsisting trust." The considerable real and other personal kinds of properties. And since, according to her
surviving husband in the administration and liquidation of the will, her husband was to be the sole owner thereof during his lifetime, with full power
CONFLICTS OF LAW FEB 23 ASS CASES 65
and authority to dispose of any of them, provided that should there be any should it not be within its authority to declare their true significance and intent, to the
remainder upon his death, such remainder would go to her brothers and sisters, and end that the parties may know whether or not the estate of Mrs. Hodges had already
furthermore, there is no pretension, much less any proof that Hodges had in fact been adjudicated by the court, upon the initiative of Hodges, in his favor, to the
disposed of all of them, and, on the contrary, the indications are rather to the effect exclusion of the other heirs of his wife instituted in her will?
that he had kept them more or less intact, it cannot truthfully be said that, upon the
death of Hodges, there was no more estate of Mrs. Hodges to speak of. It is Our At this point, it bears emphasis again that the main cause of all the present
conclusion, therefore, that properties do exist which constitute such estate, hence problems confronting the courts and the parties in these cases was the failure of
Special Proceedings 1307 should not yet be closed. Hodges to secure, as executor of his wife's estate, from May, 1957 up to the time of
his death in December, 1962, a period of more than five years, the final adjudication
Neither is there basis for holding that respondent Magno has ceased to be the of her estate and the closure of the proceedings. The record is bare of any showing
Administratrix in said proceeding. There is no showing that she has ever been that he ever exerted any effort towards the early settlement of said estate. While, on
legally removed as such, the attempt to replace her with Mr. Benito Lopez without the one hand, there are enough indications, as already discuss that he had
authority from the Court having been expressly held ineffective by Our resolution of intentions of leaving intact her share of the conjugal properties so that it may pass
September 8, 1972. Parenthetically, on this last point, PCIB itself is very emphatic in wholly to his co-heirs upon his death, pursuant to her will, on the other hand, by not
stressing that it is not questioning said respondent's status as such administratrix. terminating the proceedings, his interests in his own half of the conjugal properties
Indeed, it is not clear that PCIB has any standing to raise any objection thereto, remained commingled pro-indiviso with those of his co-heirs in the other half.
considering it is a complete stranger insofar as the estate of Mrs. Hodges is Obviously, such a situation could not be conducive to ready ascertainment of the
concerned. portion of the inheritance that should appertain to his co-heirs upon his death.
Having these considerations in mind, it would be giving a premium for such
It is the contention of PCIB, however, that as things actually stood at the time of procrastination and rather unfair to his co-heirs, if the administrator of his estate
Hodges' death, their conjugal partnership had not yet been liquidated and, inasmuch were to be given exclusive administration of all the properties in question, which
as the properties composing the same were thus commingled pro indiviso and, would necessarily include the function of promptly liquidating the conjugal
consequently, the properties pertaining to the estate of each of the spouses are not partnership, thereby identifying and segregating without unnecessary loss of time
yet identifiable, it is PCIB alone, as administrator of the estate of Hodges, who which properties should be considered as constituting the estate of Mrs. Hodges,
should administer everything, and all that respondent Magno can do for the time the remainder of which her brothers and sisters are supposed to inherit equally
being is to wait until the properties constituting the remaining estate of Mrs. Hodges among themselves.
have been duly segregated and delivered to her for her own administration.
Seemingly, PCIB would liken the Testate Estate of Linnie Jane Hodges to a party To be sure, an administrator is not supposed to represent the interests of any
having a claim of ownership to some properties included in the inventory of an particular party and his acts are deemed to be objectively for the protection of the
administrator of the estate of a decedent, (here that of Hodges) and who normally rights of everybody concerned with the estate of the decedent, and from this point of
has no right to take part in the proceedings pending the establishment of his right or view, it maybe said that even if PCIB were to act alone, there should be no fear of
title; for which as a rule it is required that an ordinary action should be filed, since undue disadvantage to anyone. On the other hand, however, it is evidently implicit in
the probate court is without jurisdiction to pass with finality on questions of title section 6 of Rule 78 fixing the priority among those to whom letters of administration
between the estate of the deceased, on the one hand, and a third party or even an should be granted that the criterion in the selection of the administrator is not his
heir claiming adversely against the estate, on the other. impartiality alone but, more importantly, the extent of his interest in the estate, so
much so that the one assumed to have greater interest is preferred to another who
We do not find such contention sufficiently persuasive. As We see it, the situation has less. Taking both of these considerations into account, inasmuch as, according
obtaining herein cannot be compared with the claim of a third party the basis of to Hodges' own inventory submitted by him as Executor of the estate of his wife,
which is alien to the pending probate proceedings. In the present cases what gave practically all their properties were conjugal which means that the spouses have
rise to the claim of PCIB of exclusive ownership by the estate of Hodges over all the equal shares therein, it is but logical that both estates should be administered jointly
properties of the Hodges spouses, including the share of Mrs. Hodges in the by representatives of both, pending their segregation from each other. Particularly is
community properties, were the orders of the trial court issued in the course of the such an arrangement warranted because the actuations so far of PCIB evince a
very settlement proceedings themselves, more specifically, the orders of May 27 determined, albeit groundless, intent to exclude the other heirs of Mrs. Hodges from
and December 14, 1957 so often mentioned above. In other words, the root of the their inheritance. Besides, to allow PCIB, the administrator of his estate, to perform
issue of title between the parties is something that the court itself has done in the now what Hodges was duty bound to do as executor is to violate the spirit, if not the
exercise of its probate jurisdiction. And since in the ultimate analysis, the question of letter, of Section 2 of Rule 78 which expressly provides that "The executor of an
whether or not all the properties herein involved pertain exclusively to the estate of executor shall not, as such, administer the estate of the first testator." It goes without
Hodges depends on the legal meaning and effect of said orders, the claim that saying that this provision refers also to the administrator of an executor like PCIB
respondent court has no jurisdiction to take cognizance of and decide the said issue here.
is incorrect. If it was within the competence of the court to issue the root orders, why
CONFLICTS OF LAW FEB 23 ASS CASES 66
We are not unmindful of the fact that under Section 2 of Rule 73, "When the inheritance in default of the heir originally instituted," (Article 857, id.) and, in the
marriage is dissolved by the death of the husband or wife, the community property present case, no such possible default is contemplated. The brothers and sisters of
shall be inventoried, administered, and liquidated, and the debts thereof paid, in the Mrs. Hodges are not substitutes for Hodges because, under her will, they are not to
testate or intestate proceedings of the deceased spouse. If both spouses have died, inherit what Hodges cannot, would not or may not inherit, but what he would not
the conjugal partnership shall be liquidated in the testate or intestate proceedings of dispose of from his inheritance; rather, therefore, they are also heirs instituted
either." Indeed, it is true that the last sentence of this provision allows or permits the simultaneously with Hodges, subject, however, to certain conditions, partially
conjugal partnership of spouses who are both deceased to be settled or liquidated in resolutory insofar as Hodges was concerned and correspondingly suspensive with
the testate or intestate proceedings of either, but precisely because said sentence reference to his brothers and sisters-in-law. It is partially resolutory, since it
allows or permits that the liquidation be made in either proceeding, it is a matter of bequeaths unto Hodges the whole of her estate to be owned and enjoyed by him as
sound judicial discretion in which one it should be made. After all, the former rule universal and sole heir with absolute dominion over them 6 only during his lifetime,
referring to the administrator of the husband's estate in respect to such liquidation which means that while he could completely and absolutely dispose of any portion
was done away with by Act 3176, the pertinent provisions of which are now thereof inter vivos to anyone other than himself, he was not free to do so mortis
embodied in the rule just cited. causa, and all his rights to what might remain upon his death would cease entirely
upon the occurrence of that contingency, inasmuch as the right of his brothers and
Thus, it can be seen that at the time of the death of Hodges, there was already the sisters-in-law to the inheritance, although vested already upon the death of Mrs.
pending judicial settlement proceeding of the estate of Mrs. Hodges, and, more Hodges, would automatically become operative upon the occurrence of the death of
importantly, that the former was the executor of the latter's will who had, as such, Hodges in the event of actual existence of any remainder of her estate then.
failed for more than five years to see to it that the same was terminated earliest,
which was not difficult to do, since from ought that appears in the record, there were Contrary to the view of respondent Magno, however, it was not the usufruct alone of
no serious obstacles on the way, the estate not being indebted and there being no her estate, as contemplated in Article 869 of the Civil Code, that she bequeathed to
immediate heirs other than Hodges himself. Such dilatory or indifferent attitude Hodges during his lifetime, but the full ownership thereof, although the same was to
could only spell possible prejudice of his co-heirs, whose rights to inheritance last also during his lifetime only, even as there was no restriction whatsoever against
depend entirely on the existence of any remainder of Mrs. Hodges' share in the his disposing or conveying the whole or any portion thereof to anybody other than
community properties, and who are now faced with the pose of PCIB that there is no himself. The Court sees no legal impediment to this kind of institution, in this
such remainder. Had Hodges secured as early as possible the settlement of his jurisdiction or under Philippine law, except that it cannot apply to the legitime of
wife's estate, this problem would not arisen. All things considered, We are fully Hodges as the surviving spouse, consisting of one-half of the estate, considering
convinced that the interests of justice will be better served by not permitting or that Mrs. Hodges had no surviving ascendants nor descendants. (Arts. 872, 900,
allowing PCIB or any administrator of the estate of Hodges exclusive administration and 904, New Civil Code.)
of all the properties in question. We are of the considered opinion and so hold that
what would be just and proper is for both administrators of the two estates to act But relative precisely to the question of how much of Mrs. Hodges' share of the
conjointly until after said estates have been segregated from each other. conjugal partnership properties may be considered as her estate, the parties are in
disagreement as to how Article 16 of the Civil Code 7 should be applied. On the one
At this juncture, it may be stated that we are not overlooking the fact that it is PCIB's hand, petitioner claims that inasmuch as Mrs. Hodges was a resident of the
contention that, viewed as a substitution, the testamentary disposition in favor of Philippines at the time of her death, under said Article 16, construed in relation to the
Mrs. Hodges' brothers and sisters may not be given effect. To a certain extent, this pertinent laws of Texas and the principle of renvoi, what should be applied here
contention is correct. Indeed, legally speaking, Mrs. Hodges' will provides neither for should be the rules of succession under the Civil Code of the Philippines, and,
a simple or vulgar substitution under Article 859 of the Civil Code nor for a therefore, her estate could consist of no more than one-fourth of the said conjugal
fideicommissary substitution under Article 863 thereof. There is no vulgar properties, the other fourth being, as already explained, the legitime of her husband
substitution therein because there is no provision for either (1) predecease of the (Art. 900, Civil Code) which she could not have disposed of nor burdened with any
testator by the designated heir or (2) refusal or (3) incapacity of the latter to accept condition (Art. 872, Civil Code). On the other hand, respondent Magno denies that
the inheritance, as required by Article 859; and neither is there a fideicommissary Mrs. Hodges died a resident of the Philippines, since allegedly she never changed
substitution therein because no obligation is imposed thereby upon Hodges to nor intended to change her original residence of birth in Texas, United States of
preserve the estate or any part thereof for anyone else. But from these premises, it America, and contends that, anyway, regardless of the question of her residence,
is not correct to jump to the conclusion, as PCIB does, that the testamentary she being indisputably a citizen of Texas, under said Article 16 of the Civil Code, the
dispositions in question are therefore inoperative and invalid. distribution of her estate is subject to the laws of said State which, according to her,
do not provide for any legitime, hence, the brothers and sisters of Mrs. Hodges are
The error in PCIB's position lies simply in the fact that it views the said disposition entitled to the remainder of the whole of her share of the conjugal partnership
exclusively in the light of substitutions covered by the Civil Code section on that properties consisting of one-half thereof. Respondent Magno further maintains that,
subject, (Section 3, Chapter 2, Title IV, Book III) when it is obvious that substitution in any event, Hodges had renounced his rights under the will in favor of his co-heirs,
occurs only when another heir is appointed in a will "so that he may enter into as allegedly proven by the documents touching on the point already mentioned
CONFLICTS OF LAW FEB 23 ASS CASES 67
earlier, the genuineness and legal significance of which petitioner seemingly been no such waiver, whether or not, by the application of Article 16 of the Civil
questions. Besides, the parties are disagreed as to what the pertinent laws of Texas Code, and in the light of what might be the applicable laws of Texas on the matter,
provide. In the interest of settling the estates herein involved soonest, it would be the estate of Mrs. Hodges is more than the one-fourth declared above. As a matter
best, indeed, if these conflicting claims of the parties were determined in these of fact, even our finding above about the existence of properties constituting the
proceedings. The Court regrets, however, that it cannot do so, for the simple reason estate of Mrs. Hodges rests largely on a general appraisal of the size and extent of
that neither the evidence submitted by the parties in the court below nor their the conjugal partnership gathered from reference made thereto by both parties in
discussion, in their respective briefs and memoranda before Us, of their respective their briefs as well as in their pleadings included in the records on appeal, and it
contentions on the pertinent legal issues, of grave importance as they are, appear to should accordingly yield, as to which exactly those properties are, to the more
Us to be adequate enough to enable Us to render an intelligent comprehensive and concrete and specific evidence which the parties are supposed to present in support
just resolution. For one thing, there is no clear and reliable proof of what in fact the of their respective positions in regard to the foregoing main legal and factual issues.
possibly applicable laws of Texas are. 7* Then also, the genuineness of documents In the interest of justice, the parties should be allowed to present such further
relied upon by respondent Magno is disputed. And there are a number of still other evidence in relation to all these issues in a joint hearing of the two probate
conceivable related issues which the parties may wish to raise but which it is not proceedings herein involved. After all, the court a quo has not yet passed squarely
proper to mention here. In Justice, therefore, to all the parties concerned, these and on these issues, and it is best for all concerned that it should do so in the first
all other relevant matters should first be threshed out fully in the trial court in the instance.
proceedings hereafter to be held therein for the purpose of ascertaining and
adjudicating and/or distributing the estate of Mrs. Hodges to her heirs in accordance Relative to Our holding above that the estate of Mrs. Hodges cannot be less than
with her duly probated will. the remainder of one-fourth of the conjugal partnership properties, it may be
mentioned here that during the deliberations, the point was raised as to whether or
To be more explicit, all that We can and do decide in connection with the petition not said holding might be inconsistent with Our other ruling here also that, since
for certiorari and prohibition are: (1) that regardless of which corresponding laws are there is no reliable evidence as to what are the applicable laws of Texas, U.S.A.
applied, whether of the Philippines or of Texas, and taking for granted either of the "with respect to the order of succession and to the amount of successional rights"
respective contentions of the parties as to provisions of the latter, 8 and regardless that may be willed by a testator which, under Article 16 of the Civil Code, are
also of whether or not it can be proven by competent evidence that Hodges controlling in the instant cases, in view of the undisputed Texan nationality of the
renounced his inheritance in any degree, it is easily and definitely discernible from deceased Mrs. Hodges, these cases should be returned to the court a quo, so that
the inventory submitted by Hodges himself, as Executor of his wife's estate, that the parties may prove what said law provides, it is premature for Us to make any
there are properties which should constitute the estate of Mrs. Hodges and ought to specific ruling now on either the validity of the testamentary dispositions herein
be disposed of or distributed among her heirs pursuant to her will in said Special involved or the amount of inheritance to which the brothers and sisters of Mrs.
Proceedings 1307; (2) that, more specifically, inasmuch as the question of what are Hodges are entitled. After nature reflection, We are of the considered view that, at
the pertinent laws of Texas applicable to the situation herein is basically one of fact, this stage and in the state of the records before Us, the feared inconsistency is more
and, considering that the sole difference in the positions of the parties as to the apparent than real. Withal, it no longer lies in the lips of petitioner PCIB to make any
effect of said laws has reference to the supposed legitime of Hodges it being the claim that under the laws of Texas, the estate of Mrs. Hodges could in any event be
stand of PCIB that Hodges had such a legitime whereas Magno claims the negative less than that We have fixed above.
- it is now beyond controversy for all future purposes of these proceedings that
whatever be the provisions actually of the laws of Texas applicable hereto, the It should be borne in mind that as above-indicated, the question of what are the laws
estate of Mrs. Hodges is at least, one-fourth of the conjugal estate of the spouses; of Texas governing the matters herein issue is, in the first instance, one of fact, not
the existence and effects of foreign laws being questions of fact, and it being the of law. Elementary is the rule that foreign laws may not be taken judicial notice of
position now of PCIB that the estate of Mrs. Hodges, pursuant to the laws of Texas, and have to be proven like any other fact in dispute between the parties in any
should only be one-fourth of the conjugal estate, such contention constitutes an proceeding, with the rare exception in instances when the said laws are already
admission of fact, and consequently, it would be in estoppel in any further within the actual knowledge of the court, such as when they are well and generally
proceedings in these cases to claim that said estate could be less, irrespective of known or they have been actually ruled upon in other cases before it and none of
what might be proven later to be actually the provisions of the applicable laws of the parties concerned do not claim otherwise. (5 Moran, Comments on the Rules of
Texas; (3) that Special Proceedings 1307 for the settlement of the testate estate of Court, p. 41, 1970 ed.) In Fluemer vs. Hix, 54 Phil. 610, it was held:
Mrs. Hodges cannot be closed at this stage and should proceed to its logical
conclusion, there having been no proper and legal adjudication or distribution yet of
the estate therein involved; and (4) that respondent Magno remains and continues It is the theory of the petitioner that the alleged will was executed in Elkins West
to be the Administratrix therein. Hence, nothing in the foregoing opinion is intended Virginia, on November 3, 1925, by Hix who had his residence in that jurisdiction, and
to resolve the issues which, as already stated, are not properly before the Court that the laws of West Virginia govern. To this end, there was submitted a copy of
now, namely, (1) whether or not Hodges had in fact and in law waived or renounced section 3868 of Acts 1882, c. 84 as found in West Virginia Code, Annotated, by
his inheritance from Mrs. Hodges, in whole or in part, and (2) assuming there had Hogg Charles E., vol. 2, 1914, p. 1960, and as certified to by the Director of the
National Library. But this was far from a compliance with the law. The laws of a
CONFLICTS OF LAW FEB 23 ASS CASES 68
foreign jurisdiction do not prove themselves in our courts. The courts of the Nevertheless, even supposing that the trial court may have erred
Philippine Islands are not authorized to take judicial notice of the laws of the various in taking judicial notice of the law of Illinois on the point in
States of the American Union. Such laws must be proved as facts. (In re Estate of question, such error is not now available to the petitioner, first,
Johnson [1918], 39 Phil., 156.) Here the requirements of the law were not met. because the petition does not state any fact from which it would
There was no showing that the book from which an extract was taken was printed or appear that the law of Illinois is different from what the court
published under the authority of the State of West Virginia, as provided in section found, and, secondly, because the assignment of error and
300 of the Code of Civil Procedure. Nor was the extract from the law attested by the argument for the appellant in this court raises no question based
certificate of the officer having charge of the original, under the seal of the State of on such supposed error. Though the trial court may have acted
West Virginia, as provided in section 301 of the Code of Civil Procedure. No upon pure conjecture as to the law prevailing in the State of
evidence was introduced to show that the extract from the laws of West Virginia was Illinois, its judgment could not be set aside, even upon application
in force at the time the alleged will was executed." made within six months under section 113 of the Code of Civil
Procedure, unless it should be made to appear affirmatively that
No evidence of the nature thus suggested by the Court may be found in the records the conjecture was wrong. The petitioner, it is true, states in
of the cases at bar. Quite to the contrary, the parties herein have presented general terms that the will in question is invalid and inadequate to
opposing versions in their respective pleadings and memoranda regarding the pass real and personal property in the State of Illinois, but this is
matter. And even if We took into account that in Aznar vs. Garcia, the Court did merely a conclusion of law. The affidavits by which the petition is
make reference to certain provisions regarding succession in the laws of Texas, the accompanied contain no reference to the subject, and we are
disparity in the material dates of that case and the present ones would not permit Us cited to no authority in the appellant's brief which might tend to
to indulge in the hazardous conjecture that said provisions have not been amended raise a doubt as to the correctness of the conclusion of the trial
or changed in the meantime. court. It is very clear, therefore, that this point cannot be urged as
of serious moment.
On the other hand, in In re Estate of Johnson, 39 Phil. 156, We held:
It is implicit in the above ruling that when, with respect to certain aspects of the
foreign laws concerned, the parties in a given case do not have any controversy or
Upon the other point as to whether the will was executed in are more or less in agreement, the Court may take it for granted for the purposes of
conformity with the statutes of the State of Illinois we note that the particular case before it that the said laws are as such virtual agreement
it does not affirmatively appear from the transcription of the indicates, without the need of requiring the presentation of what otherwise would be
testimony adduced in the trial court that any witness was the competent evidence on the point. Thus, in the instant cases wherein it results
examined with reference to the law of Illinois on the subject of the from the respective contentions of both parties that even if the pertinent laws of
execution of will. The trial judge no doubt was satisfied that the will Texas were known and to be applied, the amount of the inheritance pertaining to the
was properly executed by examining section 1874 of the Revised heirs of Mrs. Hodges is as We have fixed above, the absence of evidence to the
Statutes of Illinois, as exhibited in volume 3 of Starr & Curtis's effect that, actually and in fact, under said laws, it could be otherwise is of no longer
Annotated Illinois Statutes, 2nd ed., p. 426; and he may have of any consequence, unless the purpose is to show that it could be more. In other
assumed that he could take judicial notice of the laws of Illinois words, since PCIB, the petitioner-appellant, concedes that upon application of Article
under section 275 of the Code of Civil Procedure. If so, he was in 16 of the Civil Code and the pertinent laws of Texas, the amount of the estate in
our opinion mistaken. That section authorizes the courts here to controversy is just as We have determined it to be, and respondent-appellee is only
take judicial notice, among other things, of the acts of the claiming, on her part, that it could be more, PCIB may not now or later pretend
legislative department of the United States. These words clearly differently.
have reference to Acts of the Congress of the United States; and
we would hesitate to hold that our courts can, under this provision,
take judicial notice of the multifarious laws of the various American To be more concrete, on pages 20-21 of its petition herein, dated July 31, 1967,
States. Nor do we think that any such authority can be derived PCIB states categorically:
from the broader language, used in the same section, where it is
said that our courts may take judicial notice of matters of public Inasmuch as Article 16 of the Civil Code provides that "intestate
knowledge "similar" to those therein enumerated. The proper rule and testamentary successions both with respect to the order of
we think is to require proof of the statutes of the States of the succession and to the amount of successional rights and to the
American Union whenever their provisions are determinative of intrinsic validity of testamentary provisions, shall be regulated by
the issues in any action litigated in the Philippine courts. the national law of the person whose succession is under
consideration, whatever may be the nature of the property and
regardless of the country wherein said property may be found",
while the law of Texas (the Hodges spouses being nationals of
CONFLICTS OF LAW FEB 23 ASS CASES 69
U.S.A., State of Texas), in its conflicts of law rules, provides that governs with respect to immovable property. Such that with
the domiciliary law (in this case Philippine law) governs the respect to both movable property, as well as immovable property
testamentary dispositions and successional rights over movables situated in the Philippines, the law of Texas points to the law of the
or personal properties, while the law of the situs (in this case also Philippines.
Philippine law with respect to all Hodges properties located in the
Philippines), governs with respect to immovable properties, and Applying, therefore, the so-called "renvoi doctrine", as enunciated
applying therefore the 'renvoi doctrine' as enunciated and applied and applied by this Honorable Court in the case of "In re
by this Honorable Court in the case of In re Estate of Christensen Christensen" (G.R. No. L-16749, Jan. 31, 1963), there can be no
(G.R. No. L-16749, Jan. 31, 1963), there can be no question that question that Philippine law governs the testamentary provisions
Philippine law governs the testamentary dispositions contained in in the Last Will and Testament of the deceased Linnie Jane
the Last Will and Testament of the deceased Linnie Jane Hodges, Hodges, as well as the successional rights to her estate, both with
as well as the successional rights to her estate, both with respect respect to movables, as well as immovables situated in the
to movables, as well as to immovables situated in the Philippines. Philippines.
In its main brief dated February 26, 1968, PCIB asserts: The subject of successional rights.
The law governing successional rights. Under Philippine law, as it is under the law of Texas, the conjugal
or community property of the spouses, Charles Newton Hodges
As recited above, there is no question that the deceased, Linnie and Linnie Jane Hodges, upon the death of the latter, is to be
Jane Hodges, was an American citizen. There is also no question divided into two, one-half pertaining to each of the spouses, as his
that she was a national of the State of Texas, U.S.A. Again, there or her own property. Thus, upon the death of Linnie Jane Hodges,
is likewise no question that she had her domicile of choice in the one-half of the conjugal partnership property immediately
City of Iloilo, Philippines, as this has already been pronounced by pertained to Charles Newton Hodges as his own share, and not
the above-cited orders of the lower court, pronouncements which by virtue of any successional rights. There can be no question
are by now res adjudicata (par. [a], See. 49, Rule 39, Rules of about this.
Court; In re Estate of Johnson, 39 Phil. 156).
Again, Philippine law, or more specifically, Article 900 of the Civil
Article 16 of the Civil Code provides: Code provides:
"Real property as well as personal property is subject to the law of If the only survivor is the widow or widower, she
the country where it is situated. or he shall be entitled to one-half of the
hereditary estate of the deceased spouse, and
However, intestate and testamentary successions, both with the testator may freely dispose of the other half.
respect to the order of succession and to the amount of
successional rights and to the intrinsic validity of testamentary If the marriage between the surviving spouse
provisions, shall be regulated by the national law of the person and the testator was solemnized in articulo
whose succession is under consideration, whatever may be the mortis, and the testator died within three months
nature of the property and regardless of the country wherein said from the time of the marriage, the legitime of the
property may be found." surviving spouse as the sole heir shall be one-
third of the hereditary estate, except when they
Thus the aforecited provision of the Civil Code points towards the have been living as husband and wife for more
national law of the deceased, Linnie Jane Hodges, which is the than five years. In the latter case, the legitime of
law of Texas, as governing succession "both with respect to the the surviving spouse shall be that specified in
order of succession and to the amount of successional rights and the preceding paragraph.
to the intrinsic validity of testamentary provisions ...". But the law
of Texas, in its conflicts of law rules, provides that the domiciliary This legitime of the surviving spouse cannot be burdened by a
law governs the testamentary dispositions and successional rights fideicommisary substitution (Art. 864, Civil code), nor by any
over movables or personal property, while the law of the situs charge, condition, or substitution (Art, 872, Civil code). It is clear,
CONFLICTS OF LAW FEB 23 ASS CASES 70
therefore, that in addition to one-half of the conjugal partnership On her part, it is respondent-appellee Magno's posture that under the laws of Texas,
property as his own conjugal share, Charles Newton Hodges was there is no system of legitime, hence the estate of Mrs. Hodges should be one-half
also immediately entitled to one-half of the half conjugal share of of all the conjugal properties.
the deceased, Linnie Jane Hodges, or one-fourth of the entire
conjugal property, as his legitime. It is thus unquestionable that as far as PCIB is concerned, the application to these
cases of Article 16 of the Civil Code in relation to the corresponding laws of Texas
One-fourth of the conjugal property therefore remains at issue. would result in that the Philippine laws on succession should control. On that basis,
as We have already explained above, the estate of Mrs. Hodges is the remainder of
In the summary of its arguments in its memorandum dated April 30, 1968, the one-fourth of the conjugal partnership properties, considering that We have found
following appears: that there is no legal impediment to the kind of disposition ordered by Mrs. Hodges
in her will in favor of her brothers and sisters and, further, that the contention of
PCIB that the same constitutes an inoperative testamentary substitution is
Briefly, the position advanced by the petitioner is: untenable. As will be recalled, PCIB's position that there is no such estate of Mrs.
Hodges is predicated exclusively on two propositions, namely: (1) that the provision
a. That the Hodges spouses were domiciled legally in the in question in Mrs. Hodges' testament violates the rules on substitution of heirs
Philippines (pp. 19-20, petition). This is now a matter of res under the Civil Code and (2) that, in any event, by the orders of the trial court of May
adjudicata (p. 20, petition). 27, and December 14, 1957, the trial court had already finally and irrevocably
adjudicated to her husband the whole free portion of her estate to the exclusion of
b. That under Philippine law, Texas law, and the renvoi doctrine, her brothers and sisters, both of which poses, We have overruled. Nowhere in its
Philippine law governs the successional rights over the properties pleadings, briefs and memoranda does PCIB maintain that the application of the
left by the deceased, Linnie Jane Hodges (pp. 20-21, petition). laws of Texas would result in the other heirs of Mrs. Hodges not inheriting anything
under her will. And since PCIB's representations in regard to the laws of Texas
virtually constitute admissions of fact which the other parties and the Court are being
c. That under Philippine as well as Texas law, one-half of the made to rely and act upon, PCIB is "not permitted to contradict them or
Hodges properties pertains to the deceased, Charles Newton subsequently take a position contradictory to or inconsistent with them." (5 Moran,
Hodges (p. 21, petition). This is not questioned by the id, p. 65, citing Cunanan vs. Amparo, 80 Phil. 227; Sta. Ana vs. Maliwat, L-23023,
respondents. Aug. 31, 1968, 24 SCRA 1018).
d. That under Philippine law, the deceased, Charles Newton Accordingly, the only question that remains to be settled in the further proceedings
Hodges, automatically inherited one-half of the remaining one-half hereby ordered to be held in the court below is how much more than as fixed above
of the Hodges properties as his legitime (p. 21, petition). is the estate of Mrs. Hodges, and this would depend on (1) whether or not the
applicable laws of Texas do provide in effect for more, such as, when there is no
e. That the remaining 25% of the Hodges properties was inherited legitime provided therein, and (2) whether or not Hodges has validly waived his
by the deceased, Charles Newton Hodges, under the will of his whole inheritance from Mrs. Hodges.
deceased spouse (pp. 22-23, petition). Upon the death of Charles
Newton Hodges, the substitution 'provision of the will of the In the course of the deliberations, it was brought out by some members of the Court
deceased, Linnie Jane Hodges, did not operate because the that to avoid or, at least, minimize further protracted legal controversies between the
same is void (pp. 23-25, petition). respective heirs of the Hodges spouses, it is imperative to elucidate on the possible
consequences of dispositions made by Hodges after the death of his wife from the
f. That the deceased, Charles Newton Hodges, asserted his sole mass of the unpartitioned estates without any express indication in the pertinent
ownership of the Hodges properties and the probate court documents as to whether his intention is to dispose of part of his inheritance from
sanctioned such assertion (pp. 25-29, petition). He in fact his wife or part of his own share of the conjugal estate as well as of those made by
assumed such ownership and such was the status of the PCIB after the death of Hodges. After a long discussion, the consensus arrived at
properties as of the time of his death (pp. 29-34, petition). was as follows: (1) any such dispositions made gratuitously in favor of third parties,
whether these be individuals, corporations or foundations, shall be considered as
intended to be of properties constituting part of Hodges' inheritance from his wife, it
Of similar tenor are the allegations of PCIB in some of its pleadings quoted in the
appearing from the tenor of his motions of May 27 and December 11, 1957 that in
earlier part of this option.
asking for general authority to make sales or other disposals of properties under the
jurisdiction of the court, which include his own share of the conjugal estate, he was
not invoking particularly his right over his own share, but rather his right to dispose
CONFLICTS OF LAW FEB 23 ASS CASES 71
of any part of his inheritance pursuant to the will of his wife; (2) as regards sales, not have authority to act independently from her. And considering that the lower
exchanges or other remunerative transfers, the proceeds of such sales or the court failed to adhere consistently to this basic point of view, by allowing the two
properties taken in by virtue of such exchanges, shall be considered as merely the administrators to act independently of each other, in the various instances already
products of "physical changes" of the properties of her estate which the will noted in the narration of facts above, the Court has to look into the attendant
expressly authorizes Hodges to make, provided that whatever of said products circumstances of each of the appealed orders to be able to determine whether any
should remain with the estate at the time of the death of Hodges should go to her of them has to be set aside or they may all be legally maintained notwithstanding the
brothers and sisters; (3) the dispositions made by PCIB after the death of Hodges failure of the court a quo to observe the pertinent procedural technicalities, to the
must naturally be deemed as covering only the properties belonging to his estate end only that graver injury to the substantive rights of the parties concerned and
considering that being only the administrator of the estate of Hodges, PCIB could unnecessary and undesirable proliferation of incidents in the subject proceedings
not have disposed of properties belonging to the estate of his wife. Neither could may be forestalled. In other words, We have to determine, whether or not, in the
such dispositions be considered as involving conjugal properties, for the simple light of the unusual circumstances extant in the record, there is need to be more
reason that the conjugal partnership automatically ceased when Mrs. Hodges died, pragmatic and to adopt a rather unorthodox approach, so as to cause the least
and by the peculiar provision of her will, under discussion, the remainder of her disturbance in rights already being exercised by numerous innocent third parties,
share descended also automatically upon the death of Hodges to her brothers and even if to do so may not appear to be strictly in accordance with the letter of the
sisters, thus outside of the scope of PCIB's administration. Accordingly, these applicable purely adjective rules.
construction of the will of Mrs. Hodges should be adhered to by the trial court in its
final order of adjudication and distribution and/or partition of the two estates in Incidentally, it may be mentioned, at this point, that it was principally on account of
question. the confusion that might result later from PCIB's continuing to administer all the
community properties, notwithstanding the certainty of the existence of the separate
THE APPEALS estate of Mrs. Hodges, and to enable both estates to function in the meantime with a
relative degree of regularity, that the Court ordered in the resolution of September 8,
A cursory examination of the seventy-eight assignments of error in appellant PCIB's 1972 the modification of the injunction issued pursuant to the resolutions of August
brief would readily reveal that all of them are predicated mainly on the contention 8, October 4 and December 6, 1967, by virtue of which respondent Magno was
that inasmuch as Hodges had already adjudicated unto himself all the properties completely barred from any participation in the administration of the properties
constituting his wife's share of the conjugal partnership, allegedly with the sanction herein involved. In the September 8 resolution, We ordered that, pending this
of the trial court per its order of December 14, 1957, there has been, since said decision, Special Proceedings 1307 and 1672 should proceed jointly and that the
date, no longer any estate of Mrs. Hodges of which appellee Magno could be respective administrators therein "act conjointly none of them to act singly and
administratrix, hence the various assailed orders sanctioning her actuations as such independently of each other for any purpose." Upon mature deliberation, We felt that
are not in accordance with law. Such being the case, with the foregoing resolution to allow PCIB to continue managing or administering all the said properties to the
holding such posture to be untenable in fact and in law and that it is in the best exclusion of the administratrix of Mrs. Hodges' estate might place the heirs of
interest of justice that for the time being the two estates should be administered Hodges at an unduly advantageous position which could result in considerable, if
conjointly by the respective administrators of the two estates, it should follow that not irreparable, damage or injury to the other parties concerned. It is indeed to be
said assignments of error have lost their fundamental reasons for being. There are regretted that apparently, up to this date, more than a year after said resolution, the
certain matters, however, relating peculiarly to the respective orders in question, if same has not been given due regard, as may be gleaned from the fact that recently,
commonly among some of them, which need further clarification. For instance, some respondent Magno has filed in these proceedings a motion to declare PCIB in
of them authorized respondent Magno to act alone or without concurrence of PCIB. contempt for alleged failure to abide therewith, notwithstanding that its repeated
And with respect to many of said orders, PCIB further claims that either the matters motions for reconsideration thereof have all been denied soon after they were filed. 9
involved were not properly within the probate jurisdiction of the trial court or that the
procedure followed was not in accordance with the rules. Hence, the necessity of Going back to the appeals, it is perhaps best to begin first with what appears to Our
dealing separately with the merits of each of the appeals. mind to be the simplest, and then proceed to the more complicated ones in that
order, without regard to the numerical sequence of the assignments of error in
Indeed, inasmuch as the said two estates have until now remained commingled pro- appellant's brief or to the order of the discussion thereof by counsel.
indiviso, due to the failure of Hodges and the lower court to liquidate the conjugal
partnership, to recognize appellee Magno as Administratrix of the Testate Estate of Assignments of error numbers
Mrs. Hodges which is still unsegregated from that of Hodges is not to say, without LXXII, LXXVII and LXXVIII.
any qualification, that she was therefore authorized to do and perform all her acts
complained of in these appeals, sanctioned though they might have been by the trial These assignments of error relate to (1) the order of the trial court of August 6, 1965
court. As a matter of fact, it is such commingling pro-indiviso of the two estates that providing that "the deeds of sale (therein referred to involving properties in the name
should deprive appellee of freedom to act independently from PCIB, as of Hodges) should be signed jointly by the PCIB, as Administrator of Testate Estate
administrator of the estate of Hodges, just as, for the same reason, the latter should
CONFLICTS OF LAW FEB 23 ASS CASES 72
of C.N. Hodges, and Avelina A. Magno, as Administratrix of the Testate Estate of as proper legal expenses of administration per the order of December 19, 1964, (pp.
Linnie Jane Hodges, and to this effect, the PCIB should take the necessary steps so 221-222, id.) and repeated motions for reconsideration thereof were denied by the
that Administratrix Avelina A. Magno could sign the deeds of sale," (p. 248, Green orders of January 9, 1965, (pp. 231-232, id.) October 27, 1965, (p. 277, id.) and
Rec. on Appeal) (2) the order of October 27, 1965 denying the motion for February 15, 1966. (pp. 455-456, id.) On the other hand, Assignments Numbers
reconsideration of the foregoing order, (pp. 276-277, id.) (3) the other order also LXVIII to LXXI, LXXIV and LXXV question the trial court's order of November 3,
dated October 27, 1965 enjoining inter alia, that "(a) all cash collections should be 1965 approving the agreement of June 6, 1964 between Administratrix Magno and
deposited in the joint account of the estate of Linnie Jane Hodges and estate of C. James L. Sullivan, attorney-in-fact of the heirs of Mrs. Hodges, as Parties of the First
N. Hodges, (b) that whatever cash collections (that) had been deposited in the Part, and Attorneys Raul Manglapus and Rizal R. Quimpo, as Parties of the Second
account of either of the estates should be withdrawn and since then (sic) deposited Part, regarding attorneys fees for said counsel who had agreed "to prosecute and
in the joint account of the estate of Linnie Jane Hodges and the estate of C. N. defend their interests (of the Parties of the First Part) in certain cases now pending
Hodges; ... (d) (that) Administratrix Magno allow the PCIB to inspect whatever litigation in the Court of First Instance of Iloilo , more specifically in Special
records, documents and papers she may have in her possession, in the same Proceedings 1307 and 1672 " (pp. 126-129, id.) and directing Administratrix
manner that Administrator PCIB is also directed to allow Administratrix Magno to Magno "to issue and sign whatever check or checks maybe needed to implement
inspect whatever records, documents and papers it may have in its possession" and the approval of the agreement annexed to the motion" as well as the "administrator
"(e) that the accountant of the estate of Linnie Jane Hodges shall have access to all of the estate of C. N. Hodges to countersign the said check or checks as the case
records of the transactions of both estates for the protection of the estate of Linnie maybe." (pp. 313-320, id.), reconsideration of which order of approval was denied in
Jane Hodges; and in like manner, the accountant or any authorized representative the order of February 16, 1966, (p. 456, id.) Assignment Number LXXVI imputes
of the estate of C. N. Hodges shall have access to the records of transactions of the error to the lower court's order of October 27, 1965, already referred to above,
Linnie Jane Hodges estate for the protection of the estate of C. N. Hodges", (pp. insofar as it orders that "PCIB should counter sign the check in the amount of P250
292-295, id.) and (4) the order of February 15, 1966, denying, among others, the in favor of Administratrix Avelina A. Magno as her compensation as administratrix of
motion for reconsideration of the order of October 27, 1965 last referred to. (pp. 455- Linnie Jane Hodges estate chargeable to the Testate Estate of Linnie Jane Hodges
456, id.) only." (p. 294, id.)
As may be readily seen, the thrust of all these four impugned orders is in line with Main contention again of appellant PCIB in regard to these eight assigned errors is
the Court's above-mentioned resolution of September 8, 1972 modifying the that there is no such estate as the estate of Mrs. Hodges for which the questioned
injunction previously issued on August 8, 1967, and, more importantly, with what We expenditures were made, hence what were authorized were in effect expenditures
have said the trial court should have always done pending the liquidation of the from the estate of Hodges. As We have already demonstrated in Our resolution
conjugal partnership of the Hodges spouses. In fact, as already stated, that is the above of the petition for certiorari and prohibition, this posture is incorrect. Indeed, in
arrangement We are ordering, by this decision, to be followed. Stated differently, whichever way the remaining issues between the parties in these cases are
since the questioned orders provide for joint action by the two administrators, and ultimately resolved, 10 the final result will surely be that there are properties
that is precisely what We are holding out to have been done and should be done constituting the estate of Mrs. Hodges of which Magno is the current administratrix.
until the two estates are separated from each other, the said orders must be It follows, therefore, that said appellee had the right, as such administratrix, to hire
affirmed. Accordingly the foregoing assignments of error must be, as they are the persons whom she paid overtime pay and to be paid for her own services as
hereby overruled. administratrix. That she has not yet collected and is not collecting amounts as
substantial as that paid to or due appellant PCIB is to her credit.
Assignments of error Numbers LXVIII
to LXXI and LXXIII to LXXVI. Of course, she is also entitled to the services of counsel and to that end had the
authority to enter into contracts for attorney's fees in the manner she had done in the
The orders complained of under these assignments of error commonly deal with agreement of June 6, 1964. And as regards to the reasonableness of the amount
expenditures made by appellee Magno, as Administratrix of the Estate of Mrs. therein stipulated, We see no reason to disturb the discretion exercised by the
Hodges, in connection with her administration thereof, albeit additionally, probate court in determining the same. We have gone over the agreement, and
assignments of error Numbers LXIX to LXXI put into question the payment of considering the obvious size of the estate in question and the nature of the issues
attorneys fees provided for in the contract for the purpose, as constituting, in effect, between the parties as well as the professional standing of counsel, We cannot say
premature advances to the heirs of Mrs. Hodges. that the fees agreed upon require the exercise by the Court of its inherent power to
reduce it.
More specifically, assignment Number LXXIII refers to reimbursement of overtime
pay paid to six employees of the court and three other persons for services in PCIB insists, however, that said agreement of June 6, 1964 is not for legal services
copying the court records to enable the lawyers of the administration to be fully to the estate but to the heirs of Mrs. Hodges, or, at most, to both of them, and such
informed of all the incidents in the proceedings. The reimbursement was approved being the case, any payment under it, insofar as counsels' services would redound
to the benefit of the heirs, would be in the nature of advances to such heirs and a
CONFLICTS OF LAW FEB 23 ASS CASES 73
premature distribution of the estate. Again, We hold that such posture cannot the counsel of an administrator is in the first instance his personal responsibility,
prevail. reimbursable later on by the estate, in the final analysis, when, as in the situation on
hand, the attorney-in-fact of the heirs has given his conformity thereto, it would be
Upon the premise We have found plausible that there is an existing estate of Mrs. idle effort to inquire whether or not the sanction given to said fees by the probate
Hodges, it results that juridically and factually the interests involved in her estate are court is proper.
distinct and different from those involved in her estate of Hodges and vice versa.
Insofar as the matters related exclusively to the estate of Mrs. Hodges, PCIB, as For the foregoing reasons, Assignments of Error LXVIII to LXXI and LXXIII to LXXVI
administrator of the estate of Hodges, is a complete stranger and it is without should be as they are hereby overruled.
personality to question the actuations of the administratrix thereof regarding matters
not affecting the estate of Hodges. Actually, considering the obviously considerable Assignments of error I to IV,
size of the estate of Mrs. Hodges, We see no possible cause for apprehension that XIII to XV, XXII to XXV, XXXV
when the two estates are segregated from each other, the amount of attorney's fees to XXX VI, XLI to XLIII and L.
stipulated in the agreement in question will prejudice any portion that would
correspond to Hodges' estate.
These assignments of error deal with the approval by the trial court of various deeds
of sale of real properties registered in the name of Hodges but executed by appellee
And as regards the other heirs of Mrs. Hodges who ought to be the ones who should Magno, as Administratrix of the Estate of Mrs. Hodges, purportedly in
have a say on the attorney's fees and other expenses of administration assailed by implementation of corresponding supposed written "Contracts to Sell" previously
PCIB, suffice it to say that they appear to have been duly represented in the executed by Hodges during the interim between May 23, 1957, when his wife died,
agreement itself by their attorney-in-fact, James L. Sullivan and have not otherwise and December 25, 1962, the day he died. As stated on pp. 118-120 of appellant's
interposed any objection to any of the expenses incurred by Magno questioned by main brief, "These are: the, contract to sell between the deceased, Charles Newton
PCIB in these appeals. As a matter of fact, as ordered by the trial court, all the Hodges, and the appellee, Pepito G. Iyulores executed on February 5, 1961; the
expenses in question, including the attorney's fees, may be paid without awaiting the contract to sell between the deceased, Charles Newton Hodges, and the appellant
determination and segregation of the estate of Mrs. Hodges. Esperidion Partisala, executed on April 20, 1960; the contract to sell between the
deceased, Charles Newton Hodges, and the appellee, Winifredo C. Espada,
Withal, the weightiest consideration in connection with the point under discussion is executed on April 18, 1960; the contract to sell between the deceased, Charles
that at this stage of the controversy among the parties herein, the vital issue refers Newton Hodges, and the appellee, Rosario Alingasa, executed on August 25, 1958;
to the existence or non-existence of the estate of Mrs. Hodges. In this respect, the the contract to sell between the deceased, Charles Newton Hodges, and the
interest of respondent Magno, as the appointed administratrix of the said estate, is appellee, Lorenzo Carles, executed on June 17, 1958; the contract to sell between
to maintain that it exists, which is naturally common and identical with and the deceased, Charles Newton Hodges, and the appellee, Salvador S. Guzman,
inseparable from the interest of the brothers and sisters of Mrs. Hodges. Thus, it executed on September 13, 1960; the contract to sell between the deceased,
should not be wondered why both Magno and these heirs have seemingly agreed to Charles Newton Hodges, and the appellee, Florenia Barrido, executed on February
retain but one counsel. In fact, such an arrangement should be more convenient and 21, 1958; the contract to sell between the deceased, Charles Newton Hodges, and
economical to both. The possibility of conflict of interest between Magno and the the appellee, Purificacion Coronado, executed on August 14, 1961; the contract to
heirs of Mrs. Hodges would be, at this stage, quite remote and, in any event, rather sell between the deceased, Charles Newton Hodges, and the appellee, Graciano
insubstantial. Besides, should any substantial conflict of interest between them arise Lucero, executed on November 27, 1961; the contract to sell between the
in the future, the same would be a matter that the probate court can very well take deceased, Charles Newton Hodges, and the appellee, Ariteo Thomas Jamir,
care of in the course of the independent proceedings in Case No. 1307 after the executed on May 26, 1961; the contract to sell between the deceased, Charles
corresponding segregation of the two subject estates. We cannot perceive any Newton Hodges, and the appellee, Melquiades Batisanan, executed on June 9,
cogent reason why, at this stage, the estate and the heirs of Mrs. Hodges cannot be 1959; the contract to sell between the deceased, Charles Newton Hodges, and the
represented by a common counsel. appellee, Belcezar Causing, executed on February 10, 1959 and the contract to sell
between the deceased, Charles Newton Hodges, and the appellee, Adelfa
Now, as to whether or not the portion of the fees in question that should correspond Premaylon, executed on October 31, 1959, re Title No. 13815."
to the heirs constitutes premature partial distribution of the estate of Mrs. Hodges is
also a matter in which neither PCIB nor the heirs of Hodges have any interest. In Relative to these sales, it is the position of appellant PCIB that, inasmuch as
any event, since, as far as the records show, the estate has no creditors and the pursuant to the will of Mrs. Hodges, her husband was to have dominion over all her
corresponding estate and inheritance taxes, except those of the brothers and sisters estate during his lifetime, it was as absolute owner of the properties respectively
of Mrs. Hodges, have already been paid, 11 no prejudice can caused to anyone by covered by said sales that he executed the aforementioned contracts to sell, and
the comparatively small amount of attorney's fees in question. And in this consequently, upon his death, the implementation of said contracts may be
connection, it may be added that, although strictly speaking, the attorney's fees of undertaken only by the administrator of his estate and not by the administratrix of
Predicating its position on the tenor of the orders of May 27 and December 14, 1957
as well as the approval by the court a quo of the annual statements of account of
Hodges, PCIB holds to the view that the estate of Mrs. Hodges has already been in
effect closed with the virtual adjudication in the mentioned orders of her whole
estate to Hodges, and that, therefore, Magno had already ceased since then to have
any estate to administer and the brothers and sisters of Mrs. Hodges have no
interests whatsoever in the estate left by Hodges. Mainly upon such theory, PCIB
has come to this Court with a petition for certiorari and prohibition praying that the
lower court's orders allowing respondent Magno to continue acting as administratrix
of the estate of Mrs. Hodges in Special Proceedings 1307 in the manner she has
CONFLICTS OF LAW FEB 23 ASS CASES 78
been doing, as detailed earlier above, be set aside. Additionally, PCIB maintains that Legally, We hold that the tenor of said orders furnish no basis for such a conclusion,
the provision in Mrs. Hodges' will instituting her brothers and sisters in the manner and what is more, at the time said orders were issued, the proceedings had not yet
therein specified is in the nature of a testamentary substitution, but inasmuch as the reached the point when a final distribution and adjudication could be made.
purported substitution is not, in its view, in accordance with the pertinent provisions Moreover, the interested parties were not duly notified that such disposition of the
of the Civil Code, it is ineffective and may not be enforced. It is further contended estate would be done. At best, therefore, said orders merely allowed Hodges to
that, in any event, inasmuch as the Hodges spouses were both residents of the dispose of portions of his inheritance in advance of final adjudication, which is
Philippines, following the decision of this Court in Aznar vs. Garcia, or the case of implicitly permitted under Section 2 of Rule 109, there being no possible prejudice to
Christensen, 7 SCRA 95, the estate left by Mrs. Hodges could not be more than third parties, inasmuch as Mrs. Hodges had no creditors and all pertinent taxes have
one-half of her share of the conjugal partnership, notwithstanding the fact that she been paid.
was citizen of Texas, U.S.A., in accordance with Article 16 in relation to Articles 900
and 872 of the Civil Code. Initially, We issued a preliminary injunction against Magno More specifically, We hold that, on the basis of circumstances presently extant in the
and allowed PCIB to act alone. record, and on the assumption that Hodges' purported renunciation should not be
upheld, the estate of Mrs. Hodges inherited by her brothers and sisters consists of
At the same time PCIB has appealed several separate orders of the trial court one-fourth of the community estate of the spouses at the time of her death, minus
approving individual acts of appellee Magno in her capacity as administratrix of the whatever Hodges had gratuitously disposed of therefrom during the period from,
estate of Mrs. Hodges, such as, hiring of lawyers for specified fees and incurring May 23, 1957, when she died, to December 25, 1962, when he died provided, that
expenses of administration for different purposes and executing deeds of sale in with regard to remunerative dispositions made by him during the same period, the
favor of her co-appellees covering properties which are still registered in the name proceeds thereof, whether in cash or property, should be deemed as continuing to
of Hodges, purportedly pursuant to corresponding "contracts to sell" executed by be part of his wife's estate, unless it can be shown that he had subsequently
Hodges. The said orders are being questioned on jurisdictional and procedural disposed of them gratuitously.
grounds directly or indirectly predicated on the principal theory of appellant that all
the properties of the two estates belong already to the estate of Hodges exclusively. At this juncture, it may be reiterated that the question of what are the pertinent laws
of Texas and what would be the estate of Mrs. Hodges under them is basically one
On the other hand, respondent-appellee Magno denies that the trial court's orders of of fact, and considering the respective positions of the parties in regard to said
May 27 and December 14, 1957 were meant to be finally adjudicatory of the factual issue, it can already be deemed as settled for the purposes of these cases
hereditary rights of Hodges and contends that they were no more than the court's that, indeed, the free portion of said estate that could possibly descend to her
general sanction of past and future acts of Hodges as executor of the will of his wife brothers and sisters by virtue of her will may not be less than one-fourth of the
in due course of administration. As to the point regarding substitution, her position is conjugal estate, it appearing that the difference in the stands of the parties has
that what was given by Mrs. Hodges to her husband under the provision in question reference solely to the legitime of Hodges, PCIB being of the view that under the
was a lifetime usufruct of her share of the conjugal partnership, with the naked laws of Texas, there is such a legitime of one-fourth of said conjugal estate and
ownership passing directly to her brothers and sisters. Anent the application of Magno contending, on the other hand, that there is none. In other words, hereafter,
Article 16 of the Civil Code, she claims that the applicable law to the will of Mrs. whatever might ultimately appear, at the subsequent proceedings, to be actually the
Hodges is that of Texas under which, she alleges, there is no system of legitime, laws of Texas on the matter would no longer be of any consequence, since PCIB
hence, the estate of Mrs. Hodges cannot be less than her share or one-half of the would anyway be in estoppel already to claim that the estate of Mrs. Hodges should
conjugal partnership properties. She further maintains that, in any event, Hodges be less than as contended by it now, for admissions by a party related to the effects
had as a matter of fact and of law renounced his inheritance from his wife and, of foreign laws, which have to be proven in our courts like any other controverted
therefore, her whole estate passed directly to her brothers and sisters effective at fact, create estoppel.
the latest upon the death of Hodges.
In the process, We overrule PCIB's contention that the provision in Mrs. Hodges' will
In this decision, for the reasons discussed above, and upon the issues just in favor of her brothers and sisters constitutes ineffective hereditary substitutions.
summarized, We overrule PCIB's contention that the orders of May 27, 1957 and But neither are We sustaining, on the other hand, Magno's pose that it gave Hodges
December 14, 1957 amount to an adjudication to Hodges of the estate of his wife, only a lifetime usufruct. We hold that by said provision, Mrs. Hodges simultaneously
and We recognize the present existence of the estate of Mrs. Hodges, as consisting instituted her brothers and sisters as co-heirs with her husband, with the condition,
of properties, which, while registered in that name of Hodges, do actually however, that the latter would have complete rights of dominion over the whole
correspond to the remainder of the share of Mrs. Hodges in the conjugal estate during his lifetime and what would go to the former would be only the
partnership, it appearing that pursuant to the pertinent provisions of her will, any remainder thereof at the time of Hodges' death. In other words, whereas they are
portion of said share still existing and undisposed of by her husband at the time of not to inherit only in case of default of Hodges, on the other hand, Hodges was not
his death should go to her brothers and sisters share and share alike. Factually, We obliged to preserve anything for them. Clearly then, the essential elements of
find that the proven circumstances relevant to the said orders do not warrant the testamentary substitution are absent; the provision in question is a simple case of
conclusion that the court intended to make thereby such alleged final adjudication. conditional simultaneous institution of heirs, whereby the institution of Hodges is
CONFLICTS OF LAW FEB 23 ASS CASES 79
subject to a partial resolutory condition the operative contingency of which is With respect to the appeals from the orders approving transactions made by
coincidental with that of the suspensive condition of the institution of his brothers appellee Magno, as administratrix, covering properties registered in the name of
and sisters-in-law, which manner of institution is not prohibited by law. Hodges, the details of which are related earlier above, a distinction must be made
between those predicated on contracts to sell executed by Hodges before the death
We also hold, however, that the estate of Mrs. Hodges inherited by her brothers and of his wife, on the one hand, and those premised on contracts to sell entered into by
sisters could be more than just stated, but this would depend on (1) whether upon him after her death. As regards the latter, We hold that inasmuch as the payments
the proper application of the principle of renvoi in relation to Article 16 of the Civil made by appellees constitute proceeds of sales of properties belonging to the estate
Code and the pertinent laws of Texas, it will appear that Hodges had no legitime as of Mrs. Hodges, as may be implied from the tenor of the motions of May 27 and
contended by Magno, and (2) whether or not it can be held that Hodges had legally December 14, 1957, said payments continue to pertain to said estate, pursuant to
and effectively renounced his inheritance from his wife. Under the circumstances her intent obviously reflected in the relevant provisions of her will, on the assumption
presently obtaining and in the state of the record of these cases, as of now, the that the size and value of the properties to correspond to the estate of Mrs. Hodges
Court is not in a position to make a final ruling, whether of fact or of law, on any of would exceed the total value of all the properties covered by the impugned deeds of
these two issues, and We, therefore, reserve said issues for further proceedings and sale, for which reason, said properties may be deemed as pertaining to the estate of
resolution in the first instance by the court a quo, as hereinabove indicated. We Mrs. Hodges. And there being no showing that thus viewing the situation, there
reiterate, however, that pending such further proceedings, as matters stand at this would be prejudice to anyone, including the government, the Court also holds that,
stage, Our considered opinion is that it is beyond cavil that since, under the terms of disregarding procedural technicalities in favor of a pragmatic and practical approach
the will of Mrs. Hodges, her husband could not have anyway legally adjudicated or as discussed above, the assailed orders should be affirmed. Being a stranger to the
caused to be adjudicated to himself her whole share of their conjugal partnership, estate of Mrs. Hodges, PCIB has no personality to raise the procedural and
albeit he could have disposed any part thereof during his lifetime, the resulting jurisdictional issues raised by it. And inasmuch as it does not appear that any of the
estate of Mrs. Hodges, of which Magno is the uncontested administratrix, cannot be other heirs of Mrs. Hodges or the government has objected to any of the orders
less than one-fourth of the conjugal partnership properties, as of the time of her under appeal, even as to these parties, there exists no reason for said orders to be
death, minus what, as explained earlier, have been gratuitously disposed of set aside.
therefrom, by Hodges in favor of third persons since then, for even if it were
assumed that, as contended by PCIB, under Article 16 of the Civil Code and DISPOSITIVE PART
applying renvoi the laws of the Philippines are the ones ultimately applicable, such
one-fourth share would be her free disposable portion, taking into account already IN VIEW OF ALL THE FOREGOING PREMISES, judgment is hereby rendered
the legitime of her husband under Article 900 of the Civil Code. DISMISSING the petition in G. R. Nos. L-27860 and L-27896, and AFFIRMING, in
G. R. Nos. L-27936-37 and the other thirty-one numbers hereunder ordered to be
The foregoing considerations leave the Court with no alternative than to conclude added after payment of the corresponding docket fees, all the orders of the trial
that in predicating its orders on the assumption, albeit unexpressed therein, that court under appeal enumerated in detail on pages 35 to 37 and 80 to 82 of this
there is an estate of Mrs. Hodges to be distributed among her brothers and sisters decision; the existence of the Testate Estate of Linnie Jane Hodges, with
and that respondent Magno is the legal administratrix thereof, the trial court acted respondent-appellee Avelina A. Magno, as administratrix thereof is recognized, and
correctly and within its jurisdiction. Accordingly, the petition for certiorari and it is declared that, until final judgment is ultimately rendered regarding (1) the
prohibition has to be denied. The Court feels however, that pending the liquidation of manner of applying Article 16 of the Civil Code of the Philippines to the situation
the conjugal partnership and the determination of the specific properties constituting obtaining in these cases and (2) the factual and legal issue of whether or not
her estate, the two administrators should act conjointly as ordered in the Court's Charles Newton Hodges had effectively and legally renounced his inheritance under
resolution of September 8, 1972 and as further clarified in the dispositive portion of the will of Linnie Jane Hodges, the said estate consists of one-fourth of the
its decision. community properties of the said spouses, as of the time of the death of the wife on
May 23, 1957, minus whatever the husband had already gratuitously disposed of in
Anent the appeals from the orders of the lower court sanctioning payment by favor of third persons from said date until his death, provided, first, that with respect
appellee Magno, as administratrix, of expenses of administration and attorney's to remunerative dispositions, the proceeds thereof shall continue to be part of the
fees, it is obvious that, with Our holding that there is such an estate of Mrs. Hodges, wife's estate, unless subsequently disposed of gratuitously to third parties by the
and for the reasons stated in the body of this opinion, the said orders should be husband, and second, that should the purported renunciation be declared legally
affirmed. This We do on the assumption We find justified by the evidence of record, effective, no deductions whatsoever are to be made from said estate; in
and seemingly agreed to by appellant PCIB, that the size and value of the properties consequence, the preliminary injunction of August 8, 1967, as amended on October
that should correspond to the estate of Mrs. Hodges far exceed the total of the 4 and December 6, 1967, is lifted, and the resolution of September 8, 1972,
attorney's fees and administration expenses in question. directing that petitioner-appellant PCIB, as Administrator of the Testate Estate of
Charles Newton Hodges, in Special Proceedings 1672, and respondent-appellee
Avelina A. Magno, as Administratrix of the Testate Estate of Linnie Jane Hodges, in
Special Proceedings 1307, should act thenceforth always conjointly, never
CONFLICTS OF LAW FEB 23 ASS CASES 80
independently from each other, as such administrators, is reiterated, and the same DECISION
is made part of this judgment and shall continue in force, pending the liquidation of
the conjugal partnership of the deceased spouses and the determination and CARPIO, J.:
segregation from each other of their respective estates, provided, that upon the
finality of this judgment, the trial court should immediately proceed to the partition of
the presently combined estates of the spouses, to the end that the one-half share The Case
thereof of Mrs. Hodges may be properly and clearly identified; thereafter, the trial
court should forthwith segregate the remainder of the one-fourth herein adjudged to This is a petition for review under Rule 45 of the Rules of Court to set aside the
be her estate and cause the same to be turned over or delivered to respondent for Court of Appeals[1] Decision of August 24, 1998 and Resolution of December 14,
her exclusive administration in Special Proceedings 1307, while the other one-fourth 1998 in CA-G.R. SP No. 42310[2] affirming the trial courts denial of petitioners motion
shall remain under the joint administration of said respondent and petitioner under a
for partial summary judgment.
joint proceedings in Special Proceedings 1307 and 1672, whereas the half
unquestionably pertaining to Hodges shall be administered by petitioner exclusively
in Special Proceedings 1672, without prejudice to the resolution by the trial court of The Antecedents
the pending motions for its removal as administrator12; and this arrangement shall be
maintained until the final resolution of the two issues of renvoi and renunciation On May 17, 1994, respondent Rafael Ma. Guerrero (Guerrero for brevity) filed
hereby reserved for further hearing and determination, and the corresponding a complaint for damages against petitioner Manufacturers Hanover Trust Co. and/or
complete segregation and partition of the two estates in the proportions that may
Chemical Bank (the Bank for brevity) with the Regional Trial Court of Manila (RTC
result from the said resolution.
for brevity). Guerrero sought payment of damages allegedly for (1) illegally withheld
taxes charged against interests on his checking account with the Bank; (2) a
Generally and in all other respects, the parties and the court a quo are directed to returned check worth US$18,000.00 due to signature verification problems; and (3)
adhere henceforth, in all their actuations in Special Proceedings 1307 and 1672, to unauthorized conversion of his account. Guerrero amended his complaint on April
the views passed and ruled upon by the Court in the foregoing opinion. 18, 1995.
Appellant PCIB is ordered to pay, within five (5) days from notice hereof, thirty-one
On September 1, 1995, the Bank filed its Answer alleging, inter alia, that by
additional appeal docket fees, but this decision shall nevertheless become final as to
stipulation Guerreros account is governed by New York law and this law does not
each of the parties herein after fifteen (15) days from the respective notices to them
hereof in accordance with the rules. permit any of Guerreros claims except actual damages. Subsequently, the Bank
filed a Motion for Partial Summary Judgment seeking the dismissal of Guerreros
claims for consequential, nominal, temperate, moral and exemplary damages as
Costs against petitioner-appellant PCIB.
well as attorneys fees on the same ground alleged in its Answer. The Bank
contended that the trial should be limited to the issue of actual damages. Guerrero
Zaldivar, Castro, Esguerra and Fernandez, JJ., concur. opposed the motion.
Makasiar, Antonio, Muoz Palma and Aquino, JJ., concur in the result. The affidavit of Alyssa Walden, a New York attorney, supported the Banks
Motion for Partial Summary Judgment. Alyssa Waldens affidavit (Walden affidavit for
brevity) stated that Guerreros New York bank account stipulated that the governing
law is New York law and that this law bars all of Guerreros claims except actual
damages. The Philippine Consular Office in New York authenticated the Walden
affidavit.
The RTC denied the Banks Motion for Partial Summary Judgment and its
FIRST DIVISION [G.R. No. 136804. February 19, 2003] motion for reconsideration on March 6, 1996 and July 17, 1996, respectively. The
Bank filed a petition for certiorari and prohibition with the Court of Appeals assailing
the RTC Orders. In its Decision dated August 24, 1998, the Court of Appeals
MANUFACTURERS HANOVER TRUST CO. and/or CHEMICAL
dismissed the petition. On December 14, 1998, the Court of Appeals denied the
BANK, petitioners, vs. RAFAEL MA. GUERRERO, respondent.
Banks motion for reconsideration.
The Ruling of the Court of Appeals The Bank contends that the Court of Appeals committed reversible error in -
The Court of Appeals sustained the RTC orders denying the motion for partial x x x HOLDING THAT [THE BANKS] PROOF OF FACTS TO SUPPORT ITS
summary judgment. The Court of Appeals ruled that the Walden affidavit does not MOTION FOR SUMMARY JUDGMENT MAY NOT BE GIVEN BY AFFIDAVIT;
serve as proof of the New York law and jurisprudence relied on by the Bank to
support its motion. The Court of Appeals considered the New York law and x x x HOLDING THAT [THE BANKS] AFFIDAVIT, WHICH PROVES FOREIGN LAW
jurisprudence as public documents defined in Section 19, Rule 132 of the Rules on AS A FACT, IS HEARSAY AND THEREBY CANNOT SERVE AS PROOF OF THE
Evidence, as follows: NEW YORK LAW RELIED UPON BY PETITIONERS IN THEIR MOTION FOR
SUMMARY JUDGMENT x x x.[3]
SEC. 19. Classes of Documents. For the purpose of their presentation in evidence,
documents are either public or private. First, the Bank argues that in moving for partial summary judgment, it was
entitled to use the Walden affidavit to prove that the stipulated foreign law bars the
Public documents are: claims for consequential, moral, temperate, nominal and exemplary damages and
attorneys fees. Consequently, outright dismissal by summary judgment of these
(a) The written official acts, or records of the official acts of the sovereign claims is warranted.
authority, official bodies and tribunals, and public officers, whether of
the Philippines, or of a foreign country; Second, the Bank claims that the Court of Appeals mixed up the requirements
of Rule 35 on summary judgments and those of a trial on the merits in considering
x x x. the Walden affidavit as hearsay. The Bank points out that the Walden affidavit is not
hearsay since Rule 35 expressly permits the use of affidavits.
The Court of Appeals opined that the following procedure outlined in Section
24, Rule 132 should be followed in proving foreign law: Lastly, the Bank argues that since Guerrero did not submit any opposing
affidavit to refute the facts contained in the Walden affidavit, he failed to show the
need for a trial on his claims for damages other than actual.
SEC. 24. Proof of official record. The record of public documents referred to in
paragraph (a) of Section 19, when admissible for any purpose, may be evidenced by
an official publication thereof or by a copy attested by the officer having the legal The Courts Ruling
custody of the record, or by his deputy, and accompanied, if the record is not kept in
the Philippines, with a certificate that such officer has the custody. If the office in The petition is devoid of merit.
which the record is kept is in a foreign country, the certificate may be made by a
secretary of the embassy or legation, consul general, consul, vice consul, or The Bank filed its motion for partial summary judgment pursuant to Section 2,
consular agent or by any officer in the foreign service of the Philippines stationed in Rule 34 of the old Rules of Court which reads:
the foreign country in which the record is kept, and authenticated by the seal of his
office.
Section 2. Summary judgment for defending party. A party against whom a claim,
counterclaim, or cross-claim is asserted or a declaratory relief is sought may, at any
The Court of Appeals likewise rejected the Banks argument that Section 2, time, move with supporting affidavits for a summary judgment in his favor as to all or
Rule 34 of the old Rules of Court allows the Bank to move with the supporting any part thereof.
Walden affidavit for partial summary judgment in its favor. The Court of Appeals
clarified that the Walden affidavit is not the supporting affidavit referred to in Section
A court may grant a summary judgment to settle expeditiously a case if, on
2, Rule 34 that would prove the lack of genuine issue between the parties. The
motion of either party, there appears from the pleadings, depositions, admissions,
Court of Appeals concluded that even if the Walden affidavit is used for purposes of
and affidavits that no important issues of fact are involved, except the amount of
summary judgment, the Bank must still comply with the procedure prescribed by the
damages. In such event, the moving party is entitled to a judgment as a matter of
Rules to prove the foreign law.
law.[4]
The Bank, however, cannot rely on Willamette Iron and Steel Works v.
Muzzal or Collector of Internal Revenue v. Fisher to support its cause. These
cases involved attorneys testifying in open court during the trial in the Philippines
Next, the Bank makes much of Guerreros failure to submit an opposing WHEREFORE, the petition is DENIED for lack of merit. The Decision dated
affidavit to the Walden affidavit. However, the pertinent provision of Section 3, Rule August 24, 1998 and the Resolution dated December 14, 1998 of the Court of
35 of the old Rules of Court did not make the submission of an opposing affidavit Appeals in CA-G.R. SP No. 42310 is AFFIRMED.
mandatory, thus:
SO ORDERED.
SEC. 3. Motion and proceedings thereon. The motion shall be served at least ten
(10) days before the time specified for the hearing. The adverse party prior to the Davide, Jr., C.J., (Chairman), Vitug and Azcuna, JJ., concur.
day of hearing may serve opposing affidavits. After the hearing, the judgment
sought shall be rendered forthwith if the pleadings, depositions and admissions on
Ynares-Santiago, J., no part.
file, together with the affidavits, show that, except as to the amount of damages,
there is no genuine issue as to any material fact and that the moving party is entitled
to a judgment as a matter of law. (Emphasis supplied)
It is axiomatic that the term may as used in remedial law, is only permissive and not Republic of the Philippines
mandatory.[13] SUPREME COURT
Manila
Guerrero cannot be said to have admitted the averments in the Banks motion
for partial summary judgment and the Walden affidavit just because he failed to file EN BANC
an opposing affidavit.Guerrero opposed the motion for partial summary judgment,
although he did not present an opposing affidavit. Guerrero may not have presented G.R. No. L-35694 December 23, 1933
an opposing affidavit, as there was no need for one, because the Walden affidavit
did not establish what the Bank intended to prove. Certainly, Guerrero did not admit, ALLISON G. GIBBS, petitioner-appelle,
expressly or impliedly, the veracity of the statements in the Walden affidavit. The vs.
Bank still had the burden of proving New York law and jurisprudence even if THE GOVERNMENT OF THE PHILIPPINE ISLANDS, oppositor-appellant.
Guerrero did not present an opposing affidavit. As the party moving for summary THE REGISTER OF DEEDS OF THE CITY OF MANILA, respondent-appellant.
judgment, the Bank has the burden of clearly demonstrating the absence of any
genuine issue of fact and that any doubt as to the existence of such issue is
Office of the Solicitor-General Hilado for appellants.
resolved against the movant.[14]
Allison D. Gibbs in his own behalf.
Moreover, it would have been redundant and pointless for Guerrero to submit
BUTTE, J.:
an opposing affidavit considering that what the Bank seeks to be opposed is the
very subject matter of the complaint. Guerrero need not file an opposing affidavit to
the Walden affidavit because his complaint itself controverts the matters set forth in This is an appeal from a final order of the Court of First Instance of Manila, requiring
the Banks motion and the Walden affidavit. A party should not be made to deny the register of deeds of the City of Manila to cancel certificates of title Nos. 20880,
matters already averred in his complaint. 28336 and 28331, covering lands located in the City of Manila, Philippine Islands,
and issue in lieu thereof new certificates of transfer of title in favor of Allison D.
CONFLICTS OF LAW FEB 23 ASS CASES 85
Gibbs without requiring him to present any document showing that the succession corresponding titles" to the petitioner without requiring previous payment of any
tax due under Article XI of Chapter 40 of the Administrative Code has been paid. inheritance tax. After due hearing of the parties, the court reaffirmed said order of
September 22, 1930, and entered the order of March 10, 1931, which is under
The said order of the court of March 10, 1931, recites that the parcels of land review on this appeal.
covered by said certificates of title formerly belonged to the conjugal partnership of
Allison D. Gibbs and Eva Johnson Gibbs; that the latter died intestate in Palo Alto, On January 3, 1933, this court remanded the case to the court of origin for new trial
California, on November 28, 1929; that at the time of her death she and her upon additional evidence in regard to the pertinent law of California in force at the
husband were citizens of the State of California and domiciled therein. time of the death of Mrs. Gibbs, also authorizing the introduction of evidence with
reference to the dates of the acquisition of the property involved in this suit and with
It appears further from said order that Allison D. Gibbs was appointed administrator reference to the California law in force at the time of such acquisition. The case is
of the state of his said deceased wife in case No. 36795 in the same court, entitled now before us with the supplementary evidence.
"In the Matter of the Intestate Estate of Eva Johnson Gibbs, Deceased"; that in said
intestate proceedings, the said Allison D. Gibbs, on September 22,1930, filed an ex For the purposes of this case, we shall consider the following facts as established by
parte petition in which he alleged "that the parcels of land hereunder described the evidence or the admissions of the parties: Allison D. Gibbs has been
belong to the conjugal partnership of your petitioner and his wife, Eva Johnson continuously, since the year 1902, a citizen of the State of California and domiciled
Gibbs", describing in detail the three facts here involved; and further alleging that his therein; that he and Eva Johnson Gibbs were married at Columbus, Ohio, in July
said wife, a citizen and resident of California, died on November 28,1929; that in 1906; that there was no antenuptial marriage contract between the parties; that
accordance with the law of California, the community property of spouses who are during the existence of said marriage the spouses acquired the following lands,
citizens of California, upon the death of the wife previous to that of the husband, among others, in the Philippine Islands, as conjugal property:lawphil.net
belongs absolutely to the surviving husband without administration; that the conjugal
partnership of Allison D. Gibbs and Eva Johnson Gibbs, deceased, has no 1. A parcel of land in the City of Manila represented by transfer certificate of title No.
obligations or debts and no one will be prejudiced by adjucating said parcels of land 20880, dated March 16, 1920, and registered in the name of "Allison D. Gibbs
(and seventeen others not here involved) to be the absolute property of the said casado con Eva Johnson Gibbs".
Allison D. Gibbs as sole owner. The court granted said petition and on September
22, 1930, entered a decree adjucating the said Allison D. Gibbs to be the sole and
2. A parcel of land in the City of Manila, represented by transfer certificate of title No.
absolute owner of said lands, applying section 1401 of the Civil Code of California.
28336, dated May 14, 1927, in which it is certified "that spouses Allison D. Gibbs
Gibbs presented this decree to the register of deeds of Manila and demanded that
and Eva Johnson Gibbs are the owners in fee simple" of the land therein described.
the latter issue to him a "transfer certificate of title".
3. A parcel of land in the City of Manila, represented by transfer certificate of title No.
Section 1547 of Article XI of Chapter 40 of the Administrative Code provides in part
28331, dated April 6, 1927, which it states "that Allison D. Gibbs married to Eva
that:
Johnson Gibbs" is the owner of the land described therein; that said Eva Johnson
Gibbs died intestate on November 28, 1929, living surviving her her husband, the
Registers of deeds shall not register in the registry of property any appellee, and two sons, Allison J. Gibbs , now age 25 and Finley J. Gibbs, now aged
document transferring real property or real rights therein or any chattel 22, as her sole heirs of law.
mortgage, by way of gifts mortis causa, legacy or inheritance, unless the
payment of the tax fixed in this article and actually due thereon shall be
Article XI of Chapter 40 of the Administrative Code entitled "Tax on inheritances,
shown. And they shall immediately notify the Collector of Internal Revenue
legacies and other acquisitions mortis causa" provides in section 1536 that "Every
or the corresponding provincial treasurer of the non payment of the tax
transmission by virtue of inheritance ... of real property ... shall be subject to the
discovered by them. . . .
following tax." It results that the question for determination in this case is as follows:
Was Eva Johnson Gibbs at the time of her death the owner of a descendible interest
Acting upon the authority of said section, the register of deeds of the City of Manila, in the Philippine lands above-mentioned?
declined to accept as binding said decree of court of September 22,1930, and
refused to register the transfer of title of the said conjugal property to Allison D.
The appellee contends that the law of California should determine the nature and
Gibbs, on the ground that the corresponding inheritance tax had not been paid.
extent of the title, if any, that vested in Eva Johnson Gibbs under the three
Thereupon, under date of December 26, 1930, Allison D. Gibbs filed in the said
certificates of title Nos. 20880, 28336 and 28331 above referred to, citing article 9 of
court a petition for an order requiring the said register of deeds "to issue the
the Civil Code. But that, even if the nature and extent of her title under said
CONFLICTS OF LAW FEB 23 ASS CASES 86
certificates be governed by the law of the Philippine Islands, the laws of California In construing the above language we are met at the outset with some difficulty by
govern the succession to such title, citing the second paragraph of article 10 of the the expression "the national law of the person whose succession is in question", by
Civil Code. reason of the rather anomalous political status of the Philippine Islands. (Cf.
Manresa, vol. 1, Codigo Civil, pp. 103, 104.) We encountered no difficulty in applying
Article 9 of the Civil Code is as follows: article 10 in the case of a citizen of Turkey. (Miciano vs. Brimo, 50 Phil., 867.)
Having regard to the practical autonomy of the Philippine Islands, as above stated,
we have concluded that if article 10 is applicable and the estate in question is that of
The laws relating to family rights and duties, or to the status, condition, and
a deceased American citizen, the succession shall be regulated in accordance with
legal capacity of persons, are binding upon Spaniards even though they
the norms of the State of his domicile in the United States. (Cf. Babcock
reside in a foreign country." It is argued that the conjugal right of the
Templeton vs. Rider Babcock, 52 Phil., 130, 137; In re Estate of Johnson, 39 Phil.,
California wife in community real estate in the Philippine Islands is a
156, 166.)
personal right and must, therefore, be settled by the law governing her
personal status, that is, the law of California. But our attention has not been
called to any law of California that incapacitates a married woman from The trial court found that under the law of California, upon the death of the wife, the
acquiring or holding land in a foreign jurisdiction in accordance with the lex entire community property without administration belongs to the surviving husband;
rei sitae. There is not the slightest doubt that a California married woman that he is the absolute owner of all the community property from the moment of the
can acquire title to land in a common law jurisdiction like the State of Illinois death of his wife, not by virtue of succession or by virtue of her death, but by virtue
or the District of Columbia, subject to the common-law estate by the of the fact that when the death of the wife precedes that of the husband he acquires
courtesy which would vest in her husband. Nor is there any doubt that if a the community property, not as an heir or as the beneficiary of his deceased wife,
California husband acquired land in such a jurisdiction his wife would be but because she never had more than an inchoate interest or expentancy which is
vested with the common law right of dower, the prerequisite conditions extinguished upon her death. Quoting the case of Estate of Klumpke (167 Cal., 415,
obtaining. Article 9 of the Civil Code treats of purely personal relations and 419), the court said: "The decisions under this section (1401 Civil Code of California)
status and capacity for juristic acts, the rules relating to property, both are uniform to the effect that the husband does not take the community property
personal and real, being governed by article 10 of the Civil Code. upon the death of the wife by succession, but that he holds it all from the moment of
Furthermore, article 9, by its very terms, is applicable only to "Spaniards" her death as though required by himself. ... It never belonged to the estate of the
(now, by construction, to citizens of the Philippine Islands). deceased wife."
The Organic Act of the Philippine Islands (Act of Congress, August 29, The argument of the appellee apparently leads to this dilemma: If he takes nothing
1916, known as the "Jones Law") as regards the determination of private by succession from his deceased wife, how can the second paragraph of article 10
rights, grants practical autonomy to the Government of the Philippine be invoked? Can the appellee be heard to say that there is a legal succession under
Islands. This Government, therefore, may apply the principles and rules of the law of the Philippine Islands and no legal succession under the law of
private international law (conflicts of laws) on the same footing as an California? It seems clear that the second paragraph of article 10 applies only when
organized territory or state of the United States. We should, therefore, a legal or testamentary succession has taken place in the Philippines and in
resort to the law of California, the nationality and domicile of Mrs. Gibbs, to accordance with the law of the Philippine Islands; and the foreign law is consulted
ascertain the norm which would be applied here as law were there any only in regard to the order of succession or the extent of the successional rights; in
question as to her status. other words, the second paragraph of article 10 can be invoked only when the
deceased was vested with a descendible interest in property within the jurisdiction of
the Philippine Islands.
But the appellant's chief argument and the sole basis of the lower court's decision
rests upon the second paragraph of article 10 of the Civil Code which is as follows:
In the case of Clarke vs. Clarke (178 U. S., 186, 191; 44 Law ed., 1028, 1031), the
court said:
Nevertheless, legal and testamentary successions, in respect to the order
of succession as well as to the amount of the successional rights and the
intrinsic validity of their provisions, shall be regulated by the national law of It is principle firmly established that to the law of the state in which the land
the person whose succession is in question, whatever may be the nature of is situated we must look for the rules which govern its descent, alienation,
the property or the country in which it may be situated. and transfer, and for the effect and construction of wills and other
conveyances. (United States vs. Crosby, 7 Cranch, 115; 3 L. ed., 287;
Clark vs. Graham, 6 Wheat., 577; 5 L. ed., 334; McGoon vs. Scales, 9
Under this broad principle, the nature and extent of the title which vested in Mrs. The record does not show what the proper amount of the inheritance tax in this case
Gibbs at the time of the acquisition of the community lands here in question must be would be nor that the appellee (petitioner below) in any way challenged the power of
determined in accordance with the lex rei sitae. the Government to levy an inheritance tax or the validity of the statute under which
the register of deeds refused to issue a certificate of transfer reciting that the
appellee is the exclusive owner of the Philippine lands included in the three
It is admitted that the Philippine lands here in question were acquired as community
certificates of title here involved.
property of the conjugal partnership of the appellee and his wife. Under the law of
the Philippine Islands, she was vested of a title equal to that of her husband. Article
1407 of the Civil Code provides: The judgment of the court below of March 10, 1931, is reversed with directions to
dismiss the petition, without special pronouncement as to the costs.
All the property of the spouses shall be deemed partnership property in the
absence of proof that it belongs exclusively to the husband or to the wife. Avancea, C. J., Malcolm, Villa-Real, Abad Santos, Hull, and Vickers, JJ., concur.
Article 1395 provides: Street, J., dissents.
"The conjugal partnership shall be governed by the rules of law applicable to the
contract of partnership in all matters in which such rules do not conflict with the
express provisions of this chapter." Article 1414 provides that "the husband may
dispose by will of his half only of the property of the conjugal partnership." Article
1426 provides that upon dissolution of the conjugal partnership and after inventory
and liquidation, "the net remainder of the partnership property shall be divided share
and share alike between the husband and wife, or their respective heirs." Under the
provisions of the Civil Code and the jurisprudence prevailing here, the wife, upon the
acquisition of any conjugal property, becomes immediately vested with an interest
and title therein equal to that of her husband, subject to the power of management
and disposition which the law vests in the husband. Immediately upon her death, if
there are no obligations of the decedent, as is true in the present case, her share in G.R. No. L-16749 January 31, 1963
the conjugal property is transmitted to her heirs by succession. (Articles 657, 659,
661, Civil Code; cf. also Coronel vs. Ona, 33 Phil., 456, 469.) IN THE MATTER OF THE TESTATE ESTATE OF EDWARD E. CHRISTENSEN,
DECEASED.
It results that the wife of the appellee was, by the law of the Philippine Islands, ADOLFO C. AZNAR, Executor and LUCY CHRISTENSEN, Heir of the
vested of a descendible interest, equal to that of her husband, in the Philippine lands deceased, Executor and Heir-appellees,
CONFLICTS OF LAW FEB 23 ASS CASES 88
vs. 12. I hereby give, devise and bequeath, unto my well-beloved daughter, the
HELEN CHRISTENSEN GARCIA, oppositor-appellant. said MARIA LUCY CHRISTENSEN DANEY (Mrs. Bernard Daney), now
residing as aforesaid at No. 665 Rodger Young Village, Los Angeles,
M. R. Sotelo for executor and heir-appellees. California, U.S.A., all the income from the rest, remainder, and residue of
Leopoldo M. Abellera and Jovito Salonga for oppositor-appellant. my property and estate, real, personal and/or mixed, of whatsoever kind or
character, and wheresoever situated, of which I may be possessed at my
death and which may have come to me from any source whatsoever,
LABRADOR, J.:
during her lifetime: ....
This is an appeal from a decision of the Court of First Instance of Davao, Hon.
It is in accordance with the above-quoted provisions that the executor in his final
Vicente N. Cusi, Jr., presiding, in Special Proceeding No. 622 of said court, dated
account and project of partition ratified the payment of only P3,600 to Helen
September 14, 1949, approving among things the final accounts of the executor,
Christensen Garcia and proposed that the residue of the estate be transferred to his
directing the executor to reimburse Maria Lucy Christensen the amount of P3,600
daughter, Maria Lucy Christensen.
paid by her to Helen Christensen Garcia as her legacy, and declaring Maria Lucy
Christensen entitled to the residue of the property to be enjoyed during her lifetime,
and in case of death without issue, one-half of said residue to be payable to Mrs. Opposition to the approval of the project of partition was filed by Helen Christensen
Carrie Louise C. Borton, etc., in accordance with the provisions of the will of the Garcia, insofar as it deprives her (Helen) of her legitime as an acknowledged natural
testator Edward E. Christensen. The will was executed in Manila on March 5, 1951 child, she having been declared by Us in G.R. Nos. L-11483-84 an acknowledged
and contains the following provisions: natural child of the deceased Edward E. Christensen. The legal grounds of
opposition are (a) that the distribution should be governed by the laws of the
Philippines, and (b) that said order of distribution is contrary thereto insofar as it
3. I declare ... that I have but ONE (1) child, named MARIA LUCY
denies to Helen Christensen, one of two acknowledged natural children, one-half of
CHRISTENSEN (now Mrs. Bernard Daney), who was born in the
the estate in full ownership. In amplification of the above grounds it was alleged that
Philippines about twenty-eight years ago, and who is now residing at No.
the law that should govern the estate of the deceased Christensen should not be the
665 Rodger Young Village, Los Angeles, California, U.S.A.
internal law of California alone, but the entire law thereof because several foreign
elements are involved, that the forum is the Philippines and even if the case were
4. I further declare that I now have no living ascendants, and no decided in California, Section 946 of the California Civil Code, which requires that
descendants except my above named daughter, MARIA LUCY the domicile of the decedent should apply, should be applicable. It was also alleged
CHRISTENSEN DANEY. that Maria Helen Christensen having been declared an acknowledged natural child
of the decedent, she is deemed for all purposes legitimate from the time of her birth.
xxx xxx xxx
The court below ruled that as Edward E. Christensen was a citizen of the United
7. I give, devise and bequeath unto MARIA HELEN CHRISTENSEN, now States and of the State of California at the time of his death, the successional rights
married to Eduardo Garcia, about eighteen years of age and who, and intrinsic validity of the provisions in his will are to be governed by the law of
notwithstanding the fact that she was baptized Christensen, is not in any California, in accordance with which a testator has the right to dispose of his
way related to me, nor has she been at any time adopted by me, and who, property in the way he desires, because the right of absolute dominion over his
from all information I have now resides in Egpit, Digos, Davao, Philippines, property is sacred and inviolable (In re McDaniel's Estate, 77 Cal. Appl. 2d 877, 176
the sum of THREE THOUSAND SIX HUNDRED PESOS (P3,600.00), P. 2d 952, and In re Kaufman, 117 Cal. 286, 49 Pac. 192, cited in page 179, Record
Philippine Currency the same to be deposited in trust for the said Maria on Appeal). Oppositor Maria Helen Christensen, through counsel, filed various
Helen Christensen with the Davao Branch of the Philippine National Bank, motions for reconsideration, but these were denied. Hence, this appeal.
and paid to her at the rate of One Hundred Pesos (P100.00), Philippine
Currency per month until the principal thereof as well as any interest which The most important assignments of error are as follows:
may have accrued thereon, is exhausted..
I
xxx xxx xxx
THE LOWER COURT ERRED IN IGNORING THE DECISION OF THE
HONORABLE SUPREME COURT THAT HELEN IS THE ACKNOWLEDGED
CONFLICTS OF LAW FEB 23 ASS CASES 89
NATURAL CHILD OF EDWARD E. CHRISTENSEN AND, CONSEQUENTLY, IN In December, 1904, Mr. Christensen returned to the United States and
DEPRIVING HER OF HER JUST SHARE IN THE INHERITANCE. stayed there for the following nine years until 1913, during which time he
resided in, and was teaching school in Sacramento, California.
II
Mr. Christensen's next arrival in the Philippines was in July of the year
THE LOWER COURT ERRED IN ENTIRELY IGNORING AND/OR FAILING TO 1913. However, in 1928, he again departed the Philippines for the United
RECOGNIZE THE EXISTENCE OF SEVERAL FACTORS, ELEMENTS AND States and came back here the following year, 1929. Some nine years
CIRCUMSTANCES CALLING FOR THE APPLICATION OF INTERNAL LAW. later, in 1938, he again returned to his own country, and came back to the
Philippines the following year, 1939.
III
Wherefore, the parties respectfully pray that the foregoing stipulation of
facts be admitted and approved by this Honorable Court, without prejudice
THE LOWER COURT ERRED IN FAILING TO RECOGNIZE THAT UNDER
to the parties adducing other evidence to prove their case not covered by
INTERNATIONAL LAW, PARTICULARLY UNDER THE RENVOI DOCTRINE, THE
this stipulation of facts. 1wph1.t
INTRINSIC VALIDITY OF THE TESTAMENTARY DISPOSITION OF THE
DISTRIBUTION OF THE ESTATE OF THE DECEASED EDWARD E.
CHRISTENSEN SHOULD BE GOVERNED BY THE LAWS OF THE PHILIPPINES. Being an American citizen, Mr. Christensen was interned by the Japanese
Military Forces in the Philippines during World War II. Upon liberation, in
April 1945, he left for the United States but returned to the Philippines in
IV
December, 1945. Appellees Collective Exhibits "6", CFI Davao, Sp. Proc.
622, as Exhibits "AA", "BB" and "CC-Daney"; Exhs. "MM", "MM-l", "MM-2-
THE LOWER COURT ERRED IN NOT DECLARING THAT THE SCHEDULE OF Daney" and p. 473, t.s.n., July 21, 1953.)
DISTRIBUTION SUBMITTED BY THE EXECUTOR IS CONTRARY TO THE
PHILIPPINE LAWS.
In April, 1951, Edward E. Christensen returned once more to California
shortly after the making of his last will and testament (now in question
V herein) which he executed at his lawyers' offices in Manila on March 5,
1951. He died at the St. Luke's Hospital in the City of Manila on April 30,
THE LOWER COURT ERRED IN NOT DECLARING THAT UNDER THE 1953. (pp. 2-3)
PHILIPPINE LAWS HELEN CHRISTENSEN GARCIA IS ENTITLED TO ONE-HALF
(1/2) OF THE ESTATE IN FULL OWNERSHIP. In arriving at the conclusion that the domicile of the deceased is the Philippines, we
are persuaded by the fact that he was born in New York, migrated to California and
There is no question that Edward E. Christensen was a citizen of the United States resided there for nine years, and since he came to the Philippines in 1913 he
and of the State of California at the time of his death. But there is also no question returned to California very rarely and only for short visits (perhaps to relatives), and
that at the time of his death he was domiciled in the Philippines, as witness the considering that he appears never to have owned or acquired a home or properties
following facts admitted by the executor himself in appellee's brief: in that state, which would indicate that he would ultimately abandon the Philippines
and make home in the State of California.
In the proceedings for admission of the will to probate, the facts of record
show that the deceased Edward E. Christensen was born on November 29, Sec. 16. Residence is a term used with many shades of meaning from
1875 in New York City, N.Y., U.S.A.; his first arrival in the Philippines, as an mere temporary presence to the most permanent abode. Generally,
appointed school teacher, was on July 1, 1901, on board the U.S. Army however, it is used to denote something more than mere physical
Transport "Sheridan" with Port of Embarkation as the City of San presence. (Goodrich on Conflict of Laws, p. 29)
Francisco, in the State of California, U.S.A. He stayed in the Philippines
until 1904. As to his citizenship, however, We find that the citizenship that he acquired in
California when he resided in Sacramento, California from 1904 to 1913, was never
lost by his stay in the Philippines, for the latter was a territory of the United States
(not a state) until 1946 and the deceased appears to have considered himself as a
citizen of California by the fact that when he executed his will in 1951 he declared
CONFLICTS OF LAW FEB 23 ASS CASES 90
that he was a citizen of that State; so that he appears never to have intended to The next question is: What is the law in California governing the disposition of
abandon his California citizenship by acquiring another. This conclusion is in personal property? The decision of the court below, sustains the contention of the
accordance with the following principle expounded by Goodrich in his Conflict of executor-appellee that under the California Probate Code, a testator may dispose of
Laws. his property by will in the form and manner he desires, citing the case of Estate of
McDaniel, 77 Cal. Appl. 2d 877, 176 P. 2d 952. But appellant invokes the provisions
The terms "'residence" and "domicile" might well be taken to mean the of Article 946 of the Civil Code of California, which is as follows:
same thing, a place of permanent abode. But domicile, as has been shown,
has acquired a technical meaning. Thus one may be domiciled in a place If there is no law to the contrary, in the place where personal property is
where he has never been. And he may reside in a place where he has no situated, it is deemed to follow the person of its owner, and is governed by
domicile. The man with two homes, between which he divides his time, the law of his domicile.
certainly resides in each one, while living in it. But if he went on business
which would require his presence for several weeks or months, he might The existence of this provision is alleged in appellant's opposition and is not denied.
properly be said to have sufficient connection with the place to be called a We have checked it in the California Civil Code and it is there. Appellee, on the other
resident. It is clear, however, that, if he treated his settlement as continuing hand, relies on the case cited in the decision and testified to by a witness. (Only the
only for the particular business in hand, not giving up his former "home," he case of Kaufman is correctly cited.) It is argued on executor's behalf that as the
could not be a domiciled New Yorker. Acquisition of a domicile of choice deceased Christensen was a citizen of the State of California, the internal law
requires the exercise of intention as well as physical presence. "Residence thereof, which is that given in the abovecited case, should govern the determination
simply requires bodily presence of an inhabitant in a given place, while of the validity of the testamentary provisions of Christensen's will, such law being in
domicile requires bodily presence in that place and also an intention to force in the State of California of which Christensen was a citizen. Appellant, on the
make it one's domicile." Residence, however, is a term used with many other hand, insists that Article 946 should be applicable, and in accordance
shades of meaning, from the merest temporary presence to the most therewith and following the doctrine of the renvoi, the question of the validity of the
permanent abode, and it is not safe to insist that any one use et the only testamentary provision in question should be referred back to the law of the
proper one. (Goodrich, p. 29) decedent's domicile, which is the Philippines.
The law that governs the validity of his testamentary dispositions is defined in Article The theory of doctrine of renvoi has been defined by various authors, thus:
16 of the Civil Code of the Philippines, which is as follows:
The problem has been stated in this way: "When the Conflict of Laws rule
ART. 16. Real property as well as personal property is subject to the law of of the forum refers a jural matter to a foreign law for decision, is the
the country where it is situated. reference to the purely internal rules of law of the foreign system; i.e., to
the totality of the foreign law minus its Conflict of Laws rules?"
However, intestate and testamentary successions, both with respect to the
order of succession and to the amount of successional rights and to the On logic, the solution is not an easy one. The Michigan court chose to
intrinsic validity of testamentary provisions, shall be regulated by the accept the renvoi, that is, applied the Conflict of Laws rule of Illinois which
national law of the person whose succession is under consideration, referred the matter back to Michigan law. But once having determined the
whatever may be the nature of the property and regardless of the country the Conflict of Laws principle is the rule looked to, it is difficult to see why
where said property may be found. the reference back should not have been to Michigan Conflict of Laws. This
would have resulted in the "endless chain of references" which has so
The application of this article in the case at bar requires the determination of the often been criticized be legal writers. The opponents of the renvoi would
meaning of the term "national law" is used therein. have looked merely to the internal law of Illinois, thus rejecting the renvoi or
the reference back. Yet there seems no compelling logical reason why the
There is no single American law governing the validity of testamentary provisions in original reference should be the internal law rather than to the Conflict of
the United States, each state of the Union having its own private law applicable to its Laws rule. It is true that such a solution avoids going on a merry-go-round,
citizens only and in force only within the state. The "national law" indicated in Article but those who have accepted the renvoi theory avoid this inextricabilis
16 of the Civil Code above quoted can not, therefore, possibly mean or apply to any circulas by getting off at the second reference and at that point applying
general American law. So it can refer to no other than the private law of the State of internal law. Perhaps the opponents of the renvoi are a bit more consistent
California. for they look always to internal law as the rule of reference.
CONFLICTS OF LAW FEB 23 ASS CASES 91
Strangely enough, both the advocates for and the objectors to which, in turn, refers the matter back again to the law of the forum. This is
the renvoi plead that greater uniformity will result from adoption of their renvoi in the narrower sense. The German term for this judicial process is
respective views. And still more strange is the fact that the only way to 'Ruckverweisung.'" (Harvard Law Review, Vol. 31, pp. 523-571.)
achieve uniformity in this choice-of-law problem is if in the dispute the two
states whose laws form the legal basis of the litigation disagree as to After a decision has been arrived at that a foreign law is to be resorted to
whether the renvoi should be accepted. If both reject, or both accept the as governing a particular case, the further question may arise: Are the rules
doctrine, the result of the litigation will vary with the choice of the forum. In as to the conflict of laws contained in such foreign law also to be resorted
the case stated above, had the Michigan court rejected the renvoi, to? This is a question which, while it has been considered by the courts in
judgment would have been against the woman; if the suit had been brought but a few instances, has been the subject of frequent discussion by
in the Illinois courts, and they too rejected the renvoi, judgment would be textwriters and essayists; and the doctrine involved has been descriptively
for the woman. The same result would happen, though the courts would designated by them as the "Renvoyer" to send back, or the
switch with respect to which would hold liability, if both courts accepted "Ruchversweisung", or the "Weiterverweisung", since an affirmative answer
the renvoi. to the question postulated and the operation of the adoption of the foreign
law in toto would in many cases result in returning the main controversy to
The Restatement accepts the renvoi theory in two instances: where the title be decided according to the law of the forum. ... (16 C.J.S. 872.)
to land is in question, and where the validity of a decree of divorce is
challenged. In these cases the Conflict of Laws rule of the situs of the land, Another theory, known as the "doctrine of renvoi", has been advanced. The
or the domicile of the parties in the divorce case, is applied by the forum, theory of the doctrine of renvoi is that the court of the forum, in determining
but any further reference goes only to the internal law. Thus, a person's title the question before it, must take into account the whole law of the other
to land, recognized by the situs, will be recognized by every court; and jurisdiction, but also its rules as to conflict of laws, and then apply the law
every divorce, valid by the domicile of the parties, will be valid everywhere. to the actual question which the rules of the other jurisdiction prescribe.
(Goodrich, Conflict of Laws, Sec. 7, pp. 13-14.) This may be the law of the forum. The doctrine of the renvoi has generally
been repudiated by the American authorities. (2 Am. Jur. 296)
X, a citizen of Massachusetts, dies intestate, domiciled in France, leaving
movable property in Massachusetts, England, and France. The question The scope of the theory of renvoi has also been defined and the reasons for its
arises as to how this property is to be distributed among X's next of kin. application in a country explained by Prof. Lorenzen in an article in the Yale Law
Journal, Vol. 27, 1917-1918, pp. 529-531. The pertinent parts of the article are
Assume (1) that this question arises in a Massachusetts court. There the quoted herein below:
rule of the conflict of laws as to intestate succession to movables calls for
an application of the law of the deceased's last domicile. Since by The recognition of the renvoi theory implies that the rules of the conflict of
hypothesis X's last domicile was France, the natural thing for the laws are to be understood as incorporating not only the ordinary or internal
Massachusetts court to do would be to turn to French statute of law of the foreign state or country, but its rules of the conflict of laws as
distributions, or whatever corresponds thereto in French law, and decree a well. According to this theory 'the law of a country' means the whole of its
distribution accordingly. An examination of French law, however, would law.
show that if a French court were called upon to determine how this property
should be distributed, it would refer the distribution to the national law of
xxx xxx xxx
the deceased, thus applying the Massachusetts statute of distributions. So
on the surface of things the Massachusetts court has open to it alternative
course of action: (a) either to apply the French law is to intestate Von Bar presented his views at the meeting of the Institute of International
succession, or (b) to resolve itself into a French court and apply the Law, at Neuchatel, in 1900, in the form of the following theses:
Massachusetts statute of distributions, on the assumption that this is what
a French court would do. If it accepts the so-called renvoi doctrine, it will (1) Every court shall observe the law of its country as regards the
follow the latter course, thus applying its own law. application of foreign laws.
This is one type of renvoi. A jural matter is presented which the conflict-of- (2) Provided that no express provision to the contrary exists, the court shall
laws rule of the forum refers to a foreign law, the conflict-of-laws rule of respect:
(b) The decision of two or more foreign systems of law, provided it Appellees argue that what Article 16 of the Civil Code of the Philippines pointed out
be certain that one of them is necessarily competent, which agree as the national law is the internal law of California. But as above explained the laws
in attributing the determination of a question to the same system of California have prescribed two sets of laws for its citizens, one for residents
of law. therein and another for those domiciled in other jurisdictions. Reason demands that
We should enforce the California internal law prescribed for its citizens residing
xxx xxx xxx therein, and enforce the conflict of laws rules for the citizens domiciled abroad. If we
must enforce the law of California as in comity we are bound to go, as so declared in
Article 16 of our Civil Code, then we must enforce the law of California in
If, for example, the English law directs its judge to distribute the personal
accordance with the express mandate thereof and as above explained, i.e., apply
estate of an Englishman who has died domiciled in Belgium in accordance
the internal law for residents therein, and its conflict-of-laws rule for those domiciled
with the law of his domicile, he must first inquire whether the law of
abroad.
Belgium would distribute personal property upon death in accordance with
the law of domicile, and if he finds that the Belgian law would make the
distribution in accordance with the law of nationality that is the English It is argued on appellees' behalf that the clause "if there is no law to the contrary in
law he must accept this reference back to his own law. the place where the property is situated" in Sec. 946 of the California Civil Code
refers to Article 16 of the Civil Code of the Philippines and that the law to the
contrary in the Philippines is the provision in said Article 16 that the national law of
We note that Article 946 of the California Civil Code is its conflict of laws rule, while
the deceased should govern. This contention can not be sustained. As explained in
the rule applied in In re Kaufman, Supra, its internal law. If the law on succession
the various authorities cited above the national law mentioned in Article 16 of our
and the conflict of laws rules of California are to be enforced jointly, each in its own
Civil Code is the law on conflict of laws in the California Civil Code, i.e., Article 946,
intended and appropriate sphere, the principle cited In re Kaufman should apply to
which authorizes the reference or return of the question to the law of the testator's
citizens living in the State, but Article 946 should apply to such of its citizens as are
domicile. The conflict of laws rule in California, Article 946, Civil Code, precisely
not domiciled in California but in other jurisdictions. The rule laid down of resorting to
refers back the case, when a decedent is not domiciled in California, to the law of
the law of the domicile in the determination of matters with foreign element involved
his domicile, the Philippines in the case at bar. The court of the domicile can not and
is in accord with the general principle of American law that the domiciliary law should
should not refer the case back to California; such action would leave the issue
govern in most matters or rights which follow the person of the owner.
incapable of determination because the case will then be like a football, tossed back
and forth between the two states, between the country of which the decedent was a
When a man dies leaving personal property in one or more states, and citizen and the country of his domicile. The Philippine court must apply its own law
leaves a will directing the manner of distribution of the property, the law of as directed in the conflict of laws rule of the state of the decedent, if the question
the state where he was domiciled at the time of his death will be looked to has to be decided, especially as the application of the internal law of California
in deciding legal questions about the will, almost as completely as the law provides no legitime for children while the Philippine law, Arts. 887(4) and 894, Civil
of situs is consulted in questions about the devise of land. It is logical that, Code of the Philippines, makes natural children legally acknowledged forced heirs of
since the domiciliary rules control devolution of the personal estate in case the parent recognizing them.
of intestate succession, the same rules should determine the validity of an
attempted testamentary dispostion of the property. Here, also, it is not that
The Philippine cases (In re Estate of Johnson, 39 Phil. 156; Riera vs. Palmaroli, 40
the domiciliary has effect beyond the borders of the domiciliary state. The
Phil. 105; Miciano vs. Brimo, 50 Phil. 867; Babcock Templeton vs. Rider Babcock,
rules of the domicile are recognized as controlling by the Conflict of Laws
52 Phil. 130; and Gibbs vs. Government, 59 Phil. 293.) cited by appellees to support
rules at the situs property, and the reason for the recognition as in the case
the decision can not possibly apply in the case at bar, for two important reasons, i.e.,
of intestate succession, is the general convenience of the doctrine. The
the subject in each case does not appear to be a citizen of a state in the United
New York court has said on the point: 'The general principle that a
States but with domicile in the Philippines, and it does not appear in each case that
dispostiton of a personal property, valid at the domicile of the owner, is
there exists in the state of which the subject is a citizen, a law similar to or identical
valid anywhere, is one of the universal application. It had its origin in that
with Art. 946 of the California Civil Code.
CONFLICTS OF LAW FEB 23 ASS CASES 93
We therefore find that as the domicile of the deceased Christensen, a citizen of On August 5, 1952, Amos G. Bellis executed a will in the Philippines, in which he
California, is the Philippines, the validity of the provisions of his will depriving his directed that after all taxes, obligations, and expenses of administration are paid for,
acknowledged natural child, the appellant, should be governed by the Philippine his distributable estate should be divided, in trust, in the following order and manner:
Law, the domicile, pursuant to Art. 946 of the Civil Code of California, not by the (a) $240,000.00 to his first wife, Mary E. Mallen; (b) P120,000.00 to his three
internal law of California.. illegitimate children, Amos Bellis, Jr., Maria Cristina Bellis, Miriam Palma Bellis, or
P40,000.00 each and (c) after the foregoing two items have been satisfied, the
WHEREFORE, the decision appealed from is hereby reversed and the case remainder shall go to his seven surviving children by his first and second wives,
returned to the lower court with instructions that the partition be made as the namely: Edward A. Bellis, Henry A. Bellis, Alexander Bellis and Anna Bellis Allsman,
Philippine law on succession provides. Judgment reversed, with costs against Edwin G. Bellis, Walter S. Bellis, and Dorothy E. Bellis, in equal shares.1wph1.t
appellees.
Subsequently, or on July 8, 1958, Amos G. Bellis died a resident of San Antonio,
Padilla, Bautista Angelo, Concepcion, Reyes, Barrera, Paredes, Dizon, Regala and Texas, U.S.A. His will was admitted to probate in the Court of First Instance of
Makalintal, JJ., concur. Manila on September 15, 1958.
Bengzon, C.J., took no part.
The People's Bank and Trust Company, as executor of the will, paid all the bequests
G.R. No. L-23678 June 6, 1967 therein including the amount of $240,000.00 in the form of shares of stock to Mary
E. Mallen and to the three (3) illegitimate children, Amos Bellis, Jr., Maria Cristina
Bellis and Miriam Palma Bellis, various amounts totalling P40,000.00 each in
TESTATE ESTATE OF AMOS G. BELLIS, deceased.
satisfaction of their respective legacies, or a total of P120,000.00, which it released
PEOPLE'S BANK and TRUST COMPANY, executor.
from time to time according as the lower court approved and allowed the various
MARIA CRISTINA BELLIS and MIRIAM PALMA BELLIS, oppositors-appellants,
motions or petitions filed by the latter three requesting partial advances on account
vs.
of their respective legacies.
EDWARD A. BELLIS, ET AL., heirs-appellees.
Amos G. Bellis, born in Texas, was "a citizen of the State of Texas and of the United Amos Bellis, Jr. interposed no opposition despite notice to him, proof of service of
States." By his first wife, Mary E. Mallen, whom he divorced, he had five legitimate which is evidenced by the registry receipt submitted on April 27, 1964 by the
hildren: Edward A. Bellis, George Bellis (who pre-deceased him in infancy), Henry A. executor.1
Bellis, Alexander Bellis and Anna Bellis Allsman; by his second wife, Violet Kennedy,
who survived him, he had three legitimate children: Edwin G. Bellis, Walter S. Bellis After the parties filed their respective memoranda and other pertinent pleadings, the
and Dorothy Bellis; and finally, he had three illegitimate children: Amos Bellis, Jr., lower court, on April 30, 1964, issued an order overruling the oppositions and
Maria Cristina Bellis and Miriam Palma Bellis. approving the executor's final account, report and administration and project of
ART. 1039. Capacity to succeed is governed by the law of the nation of the Concepcion, C.J., Reyes, J.B.L., Dizon, Regala, Makalintal, Zaldivar, Sanchez and
decedent. Castro, JJ., concur.
Appellants would however counter that Art. 17, paragraph three, of the Civil Code,
stating that
CONFLICTS OF LAW FEB 23 ASS CASES 95
The deceased Lorenzo N. Llorente was an enlisted serviceman of the United
States Navy from March 10, 1927 to September 30, 1957.[3]
Before the outbreak of the Pacific War, Lorenzo departed for the United States
and Paula stayed in the conjugal home in barrio Antipolo, Nabua, Camarines Sur.[5]
On December 4, 1945, Paula gave birth to a boy registered in the Office of the
Registrar of Nabua as Crisologo Llorente, with the certificate stating that the child
was not legitimate and the line for the fathers name was left blank.[9]
FIRST DIVISION[G.R. No. 124371. November 23, 2000] Lorenzo refused to forgive Paula and live with her. In fact, on February 2,
1946, the couple drew a written agreement to the effect that (1) all the family
allowances allotted by the United States Navy as part of Lorenzos salary and all
PAULA T. LLORENTE, petitioner, vs. COURT OF APPEALS and ALICIA F. other obligations for Paulas daily maintenance and support would be suspended; (2)
LLORENTE, respondents. they would dissolve their marital union in accordance with judicial proceedings; (3)
they would make a separate agreement regarding their conjugal property acquired
DECISION during their marital life; and (4) Lorenzo would not prosecute Paula for her
adulterous act since she voluntarily admitted her fault and agreed to separate from
PARDO, J.: Lorenzo peacefully. The agreement was signed by both Lorenzo and Paula and was
witnessed by Paulas father and stepmother. The agreement was notarized by
Notary Public Pedro Osabel.[10]
The Case
The case raises a conflict of laws issue. Lorenzo returned to the United States and on November 16, 1951 filed for
divorce with the Superior Court of the State of California in and for the County of
San Diego. Paula was represented by counsel, John Riley, and actively participated
What is before us is an appeal from the decision of the Court of in the proceedings. On November 27, 1951, the Superior Court of the State of
Appeals[1] modifying that of the Regional Trial Court, Camarines Sur, Branch 35, California, for the County of San Diego found all factual allegations to be true and
Iriga City[2] declaring respondent Alicia F. Llorente (herinafter referred to as Alicia), as issued an interlocutory judgment of divorce.[11]
co-owners of whatever property she and the deceased Lorenzo N. Llorente
(hereinafter referred to as Lorenzo) may have acquired during the twenty-five (25)
years that they lived together as husband and wife. On December 4, 1952, the divorce decree became final.[12]
Camarines Sur; Barangay Baras, Sitio Puga, Nabua, Camarines Sur; and Barangay
Paloyon, Sitio Nalilidong, Nabua, Camarines Sur;
On September 4, 1985, Paula filed with the same court a petition [22] for letters
of administration over Lorenzos estate in her favor. Paula contended (1) that she
(3) I likewise give and bequeath exclusively unto my wife Alicia R. Fortuno and unto was Lorenzos surviving spouse, (2) that the various property were acquired during
my children, Raul F. Llorente, Luz F. Llorente and Beverly F. Llorente, in equal their marriage, (3) that Lorenzos will disposed of all his property in favor of Alicia and
shares, my real properties located in Quezon City Philippines, and covered by her children, encroaching on her legitime and 1/2 share in the conjugal property.[23]
Transfer Certificate of Title No. 188652; and my lands in Antipolo, Rizal, Philippines,
covered by Transfer Certificate of Title Nos. 124196 and 165188, both of the
On December 13, 1985, Alicia filed in the testate proceeding (Sp. Proc. No. IR-
Registry of Deeds of the province of Rizal, Philippines;
755), a petition for the issuance of letters testamentary.[24]
(4) That their respective shares in the above-mentioned properties, whether real or
On October 14, 1985, without terminating the testate proceedings, the trial
personal properties, shall not be disposed of, ceded, sold and conveyed to any other
court gave due course to Paulas petition in Sp. Proc. No. IR-888.[25]
persons, but could only be sold, ceded, conveyed and disposed of by and among
themselves;
On November 6, 13 and 20, 1985, the order was published in the newspaper
Bicol Star.[26]
(5) I designate my wife ALICIA R. FORTUNO to be the sole executor of this my Last
Will and Testament, and in her default or incapacity of the latter to act, any of my
children in the order of age, if of age; On May 18, 1987, the Regional Trial Court issued a joint decision, thus:
(6) I hereby direct that the executor named herein or her lawful substitute should Wherefore, considering that this court has so found that the divorce decree granted
served (sic) without bond; to the late Lorenzo Llorente is void and inapplicable in the Philippines, therefore the
marriage he contracted with Alicia Fortunato on January 16, 1958 at Manila is
likewise void. This being so the petition of Alicia F. Llorente for the issuance of
On the other hand, the court finds the petition of Paula Titular Llorente, meritorious, SO ORDERED.[32]
and so declares the intrinsic disposition of the will of Lorenzo Llorente dated March
13, 1981 as void and declares her entitled as conjugal partner and entitled to one- On August 25, 1995, petitioner filed with the Court of Appeals a motion for
half of their conjugal properties, and as primary compulsory heir, Paula T. Llorente is reconsideration of the decision.[33]
also entitled to one-third of the estate and then one-third should go to the illegitimate
children, Raul, Luz and Beverly, all surname (sic) Llorente, for them to partition in
On March 21, 1996, the Court of Appeals,[34] denied the motion for lack of
equal shares and also entitled to the remaining free portion in equal shares.
merit.
On the other matters prayed for in respective petitions for want of evidence could The Applicable Law
not be granted.
The fact that the late Lorenzo N. Llorente became an American citizen long
SO ORDERED.[27] before and at the time of: (1) his divorce from Paula; (2) marriage to Alicia; (3)
execution of his will; and (4) death, is duly established, admitted and undisputed.
In time, Alicia filed with the trial court a motion for reconsideration of the
aforequoted decision.[28] Thus, as a rule, issues arising from these incidents are necessarily governed
by foreign law.
On September 14, 1987, the trial court denied Alicias motion for
reconsideration but modified its earlier decision, stating that Raul and Luz Llorente The Civil Code clearly provides:
are not children legitimate or otherwise of Lorenzo since they were not legally
adopted by him.[29] Amending its decision of May 18, 1987, the trial court declared
Beverly Llorente as the only illegitimate child of Lorenzo, entitling her to one-third Art. 15. Laws relating to family rights and duties, or to the status, condition and legal
(1/3) of the estate and one-third (1/3) of the free portion of the estate.[30] capacity of persons are binding upon citizens of the Philippines, even though
living abroad.
While the substance of the foreign law was pleaded, the Court of Appeals did In Pilapil v. Ibay-Somera,[42] we recognized the divorce obtained by the
not admit the foreign law. The Court of Appeals and the trial court called to the fore respondent in his country, the Federal Republic of Germany. There, we stated that
the renvoi doctrine, where the case was referred back to the law of the decedents divorce and its legal effects may be recognized in the Philippines insofar as
domicile, in this case, Philippine law. respondent is concerned in view of the nationality principle in our civil law on the
status of persons.
We note that while the trial court stated that the law of New York was not
sufficiently proven, in the same breath it made the categorical, albeit equally For failing to apply these doctrines, the decision of the Court of Appeals must
unproven statement that American law follows the domiciliary theory hence, be reversed.[43] We hold that the divorce obtained by Lorenzo H. Llorente from his
Philippine law applies when determining the validity of Lorenzos will.[38] first wife Paula was valid and recognized in this jurisdiction as a matter of
comity. Now, the effects of this divorce (as to the succession to the estate of the
First, there is no such thing as one American law. The "national law" indicated decedent) are matters best left to the determination of the trial court.
in Article 16 of the Civil Code cannot possibly apply to general American law. There
is no such law governing the validity of testamentary provisions in the United Validity of the Will
States. Each State of the union has its own law applicable to its citizens and in force
only within the State. It can therefore refer to no other than the law of the State of The Civil Code provides:
which the decedent was a resident. [39] Second, there is no showing that the
application of the renvoi doctrine is called for or required by New York State law.
Art. 17. The forms and solemnities of contracts, wills, and other public instruments
shall be governed by the laws of the country in which they are executed.
The trial court held that the will was intrinsically invalid since it contained
dispositions in favor of Alice, who in the trial courts opinion was a
When the acts referred to are executed before the diplomatic or consular officials of
mere paramour. The trial court threw the will out, leaving Alice, and her two children,
the Republic of the Philippines in a foreign country, the solemnities established by
Raul and Luz, with nothing.
Philippine laws shall be observed in their execution. (underscoring ours)
The Court of Appeals also disregarded the will. It declared Alice entitled to one
The clear intent of Lorenzo to bequeath his property to his second wife and
half (1/2) of whatever property she and Lorenzo acquired during their cohabitation,
children by her is glaringly shown in the will he executed. We do not wish to frustrate
applying Article 144 of the Civil Code of the Philippines.
his wishes, since he was a foreigner, not covered by our laws on family rights and
duties, status, condition and legal capacity.[44]
The hasty application of Philippine law and the complete disregard of the will,
already probated as duly executed in accordance with the formalities of Philippine
Whether the will is intrinsically valid and who shall inherit from Lorenzo are
law, is fatal, especially in light of the factual and legal circumstances here
issues best proved by foreign law which must be pleaded and proved. Whether the
obtaining.
will was executed in accordance with the formalities required is answered by
referring to Philippine law. In fact, the will was duly probated.
Validity of the Foreign Divorce
As a guide however, the trial court should note that whatever public policy or
In Van Dorn v. Romillo, Jr.[40] we held that owing to the nationality principle good customs may be involved in our system of legitimes, Congress did not intend
embodied in Article 15 of the Civil Code, only Philippine nationals are covered by the to extend the same to the succession of foreign nationals. Congress specifically left
policy against absolute divorces, the same being considered contrary to our concept the amount of successional rights to the decedent's national law.[45]
CONFLICTS OF LAW FEB 23 ASS CASES 99
Having thus ruled, we find it unnecessary to pass upon the other issues raised.
The Fallo
Further, the Court REMANDS the cases to the court of origin for determination PANGANIBAN, J.:
of the intrinsic validity of Lorenzo N. Llorentes will and determination of the parties
successional rights allowing proof of foreign law with instructions that the trial court A divorce obtained abroad by an alien may be recognized in our jurisdiction,
shall proceed with all deliberate dispatch to settle the estate of the deceased within provided such decree is valid according to the national law of the
the framework of the Rules of Court. foreigner. However, the divorce decree and the governing personal law of the alien
spouse who obtained the divorce must be proven. Our courts do not take judicial
No costs. notice of foreign laws and judgments; hence, like any other facts, both the divorce
decree and the national law of the alien must be alleged and proven according to
our law on evidence.
SO ORDERED.
Before us is a Petition for Review under Rule 45 of the Rules of Court, seeking
to nullify the January 7, 1999 Decision[1] and the March 24, 1999 Order[2] of the
Regional Trial Court of Cabanatuan City, Branch 28, in Civil Case No. 3026AF. The
assailed Decision disposed as follows:
WHEREFORE, this Court declares the marriage between Grace J. Garcia and
Rederick A. Recio solemnized on January 12, 1994 at Cabanatuan City as dissolved
and both parties can now remarry under existing and applicable laws to any and/or
both parties.[3]
The Facts
ART. 13. In case either of the contracting parties has been previously married, the
Petitioner assails the trial courts recognition of the divorce between respondent applicant shall be required to furnish, instead of the birth or baptismal certificate
and Editha Samson. Citing Adong v. Cheong Seng Gee,[20] petitioner argues that the required in the last preceding article, the death certificate of the deceased spouse or
divorce decree, like any other foreign judgment, may be given recognition in this the judicial decree of the absolute divorce, or the judicial decree of annulment or
jurisdiction only upon proof of the existence of (1) the foreign law allowing absolute declaration of nullity of his or her previous marriage. x x x.
divorce and (2) the alleged divorce decree itself. She adds that respondent
miserably failed to establish these elements.
ART. 52. The judgment of annulment or of absolute nullity of the marriage, the
Petitioner adds that, based on the first paragraph of Article 26 of the Family partition and distribution of the properties of the spouses, and the delivery of the
Code, marriages solemnized abroad are governed by the law of the place where childrens presumptive legitimes shall be recorded in the appropriate civil registry
they were celebrated (the lex loci celebrationis). In effect, the Code requires the and registries of property; otherwise, the same shall not affect their persons.
presentation of the foreign law to show the conformity of the marriage in question to
the legal requirements of the place where the marriage was performed. Respondent, on the other hand, argues that the Australian divorce decree is a
At the outset, we lay the following basic legal principles as the take-off points public document -- a written official act of an Australian family court. Therefore, it
for our discussion. Philippine law does not provide for absolute divorce; hence, our requires no further proof of its authenticity and due execution.
courts cannot grant it.[21] A marriage between two Filipinos cannot be dissolved even Respondent is getting ahead of himself. Before a foreign judgment is given
by a divorce obtained abroad, because of Articles 15[22] and 17[23] of the Civil Code. presumptive evidentiary value, the document must first be presented and admitted
[24]
In mixed marriages involving a Filipino and a foreigner, Article 26 [25]of the Family in evidence.[30] A divorce obtained abroad is proven by the divorce decree
Code allows the former to contract a subsequent marriage in case the divorce is itself. Indeed the best evidence of a judgment is the judgment itself. [31] The decree
validly obtained abroad by the alien spouse capacitating him or her to remarry.[26] A purports to be a written act or record of an act of an official body or tribunal of a
divorce obtained abroad by a couple, who are both aliens, may be recognized in the foreign country.[32]
Philippines, provided it is consistent with their respective national laws.[27]
Under Sections 24 and 25 of Rule 132, on the other hand, a writing or
A comparison between marriage and divorce, as far as pleading and proof are document may be proven as a public or official record of a foreign country by either
concerned, can be made. Van Dorn v. Romillo Jr. decrees that aliens may obtain (1) an official publication or (2) a copy thereof attested[33] by the officer having legal
divorces abroad, which may be recognized in the Philippines, provided they are custody of the document. If the record is not kept in the Philippines, such copy must
valid according to their national law.[28] Therefore, before a foreign divorce decree be (a) accompanied by a certificate issued by the proper diplomatic or consular
can be recognized by our courts, the party pleading it must prove the divorce as a officer in the Philippine foreign service stationed in the foreign country in which the
fact and demonstrate its conformity to the foreign law allowing it. [29] Presentation record is kept and (b) authenticated by the seal of his office. [34]
solely of the divorce decree is insufficient.
The divorce decree between respondent and Editha Samson appears to be an
Divorce as a Question of Fact authentic one issued by an Australian family court.[35] However, appearance is not
Petitioner insists that before a divorce decree can be admitted in evidence, it sufficient; compliance with the aforementioned rules on evidence must be
must first comply with the registration requirements under Articles 11, 13 and 52 of demonstrated.
the Family Code. These articles read as follows: Fortunately for respondents cause, when the divorce decree of May 18, 1989
was submitted in evidence, counsel for petitioner objected, not to its admissibility,
ART. 11. Where a marriage license is required, each of the contracting parties shall but only to the fact that it had not been registered in the Local Civil Registry of
file separately a sworn application for such license with the proper local civil registrar Cabanatuan City.[36] The trial court ruled that it was admissible, subject to petitioners
which shall specify the following: qualification.[37] Hence, it was admitted in evidence and accorded weight by the
judge. Indeed, petitioners failure to object properly rendered the divorce decree
admissible as a written act of the Family Court of Sydney, Australia.[38]
xxxxxxxxx
Compliance with the quoted articles (11, 13 and 52) of the Family Code is not
(5) If previously married, how, when and where the previous marriage was dissolved necessary; respondent was no longer bound by Philippine personal laws after he
or annulled; acquired Australian citizenship in 1992.[39]Naturalization is the legal act of adopting
an alien and clothing him with the political and civil rights belonging to a citizen.
[40]
Naturalized citizens, freed from the protective cloak of their former states, don the
xxxxxxxxx
CONFLICTS OF LAW FEB 23 ASS CASES 102
attires of their adoptive countries. By becoming an Australian, respondent severed Even after the divorce becomes absolute, the court may under some foreign
his allegiance to the Philippines and the vinculum juris that had tied him to Philippine statutes and practices, still restrict remarriage. Under some other jurisdictions,
personal laws. remarriage may be limited by statute; thus, the guilty party in a divorce which was
granted on the ground of adultery may be prohibited from marrying again. The court
Burden of Proving Australian Law may allow a remarriage only after proof of good behavior.[47]
Respondent contends that the burden to prove Australian divorce law falls On its face, the herein Australian divorce decree contains a restriction that
upon petitioner, because she is the party challenging the validity of a foreign reads:
judgment. He contends that petitioner was satisfied with the original of the divorce
decree and was cognizant of the marital laws of Australia, because she had lived 1. A party to a marriage who marries again before this decree becomes
and worked in that country for quite a long time. Besides, the Australian divorce law absolute (unless the other party has died) commits the offence of
is allegedly known by Philippine courts; thus, judges may take judicial notice of bigamy.[48]
foreign laws in the exercise of sound discretion.
This quotation bolsters our contention that the divorce obtained by respondent
We are not persuaded. The burden of proof lies with the party who alleges the may have been restricted. It did not absolutely establish his legal capacity to remarry
existence of a fact or thing necessary in the prosecution or defense of an action. according to his national law. Hence, we find no basis for the ruling of the trial court,
[41]
In civil cases, plaintiffs have the burden of proving the material allegations of the which erroneously assumed that the Australian divorce ipso facto restored
complaint when those are denied by the answer; and defendants have the burden of respondents capacity to remarry despite the paucity of evidence on this matter.
proving the material allegations in their answer when they introduce new matters.
[42]
Since the divorce was a defense raised by respondent, the burden of proving the We also reject the claim of respondent that the divorce decree raises a
pertinent Australian law validating it falls squarely upon him. disputable presumption or presumptive evidence as to his civil status based on
Section 48, Rule 39[49] of the Rules of Court, for the simple reason that no proof has
It is well-settled in our jurisdiction that our courts cannot take judicial notice of been presented on the legal effects of the divorce decree obtained under Australian
foreign laws.[43] Like any other facts, they must be alleged and proved. Australian laws.
marital laws are not among those matters that judges are supposed to know by
reason of their judicial function.[44] The power of judicial notice must be exercised Significance of the Certificate of Legal Capacity
with caution, and every reasonable doubt upon the subject should be resolved in the Petitioner argues that the certificate of legal capacity required by Article 21 of
negative. the Family Code was not submitted together with the application for a marriage
license. According to her, its absence is proof that respondent did not have legal
capacity to remarry.
Second Issue: Respondents Legal Capacity to Remarry We clarify. To repeat, the legal capacity to contract marriage is determined by
the national law of the party concerned. The certificate mentioned in Article 21 of the
Family Code would have been sufficient to establish the legal capacity of
Petitioner contends that, in view of the insufficient proof of the divorce, respondent, had he duly presented it in court. A duly authenticated and admitted
respondent was legally incapacitated to marry her in 1994. Hence, she concludes certificate is prima facie evidence of legal capacity to marry on the part of the alien
that their marriage was void ab initio. applicant for a marriage license.[50]
Respondent replies that the Australian divorce decree, which was validly As it is, however, there is absolutely no evidence that proves respondents legal
admitted in evidence, adequately established his legal capacity to marry under capacity to marry petitioner. A review of the records before this Court shows that
Australian law. only the following exhibits were presented before the lower court: (1) for petitioner:
(a) Exhibit A Complaint;[51] (b) Exhibit B Certificate of Marriage Between Rederick A.
Respondents contention is untenable. In its strict legal sense, divorce means
Recio (Filipino-Australian) and Grace J. Garcia (Filipino) on January 12, 1994 in
the legal dissolution of a lawful union for a cause arising after marriage. But divorces
Cabanatuan City, Nueva Ecija;[52] (c) Exhibit C Certificate of Marriage Between
are of different types. The two basic ones are (1) absolute divorce or a vinculo
Rederick A. Recio (Filipino) and Editha D. Samson (Australian) on March 1, 1987 in
matrimonii and (2) limited divorce or a mensa et thoro. The first kind terminates the
Malabon, Metro Manila;[53] (d) Exhibit D Office of the City Registrar of Cabanatuan
marriage, while the second suspends it and leaves the bond in full force.[45] There is
City Certification that no information of annulment between Rederick A. Recio and
no showing in the case at bar which type of divorce was procured by respondent.
Editha D. Samson was in its records;[54] and (e) Exhibit E Certificate of Australian
Respondent presented a decree nisi or an interlocutory decree -- a conditional Citizenship of Rederick A. Recio;[55] (2) for respondent: (a) Exhibit 1 -- Amended
or provisional judgment of divorce. It is in effect the same as a separation from bed Answer;[56] (b) Exhibit 2 Family Law Act 1975 Decree Nisi of Dissolution of Marriage
and board, although an absolute divorce may follow after the lapse of the prescribed in the Family Court of Australia;[57] (c) Exhibit 3 Certificate of Australian Citizenship of
period during which no reconciliation is effected.[46] Rederick A. Recio;[58] (d) Exhibit 4 Decree Nisi of Dissolution of Marriage in the
CONFLICTS OF LAW FEB 23 ASS CASES 103
Family Court of Australia Certificate;[59] and Exhibit 5 -- Statutory Declaration of the
Legal Separation Between Rederick A. Recio and Grace J. Garcia Recio since
October 22, 1995.[60] Republic of the Philippines
Based on the above records, we cannot conclude that respondent, who was SUPREME COURT
then a naturalized Australian citizen, was legally capacitated to marry petitioner on Manila
January 12, 1994. We agree with petitioners contention that the court a quo erred in
finding that the divorce decree ipso facto clothed respondent with the legal capacity THIRD DIVISION
to remarry without requiring him to adduce sufficient evidence to show the Australian
personal law governing his status; or at the very least, to prove his legal capacity to
contract the second marriage. G.R. No. 61594 September 28, 1990
Neither can we grant petitioners prayer to declare her marriage to respondent PAKISTAN INTERNATIONAL AIRLINES CORPORATION, petitioner,
null and void on the ground of bigamy. After all, it may turn out that under Australian vs
law, he was really capacitated to marry petitioner as a direct result of the divorce
HON. BLAS F. OPLE, in his capacity as Minister of Labor; HON. VICENTE
decree. Hence, we believe that the most judicious course is to remand this case to
LEOGARDO, JR., in his capacity as Deputy Minister; ETHELYNNE B.
the trial court to receive evidence, if any, which show petitioners legal capacity to
marry petitioner. Failing in that, then the court a quo may declare a nullity of the FARRALES and MARIA MOONYEEN MAMASIG, respondents.
parties marriage on the ground of bigamy, there being already in evidence two
existing marriage certificates, which were both obtained in the Philippines, one in Romulo, Mabanta, Buenaventura, Sayoc & De los Angeles for petitioner.
Malabon, Metro Manila dated March 1, 1987 and the other, in Cabanatuan City
dated January 12, 1994.
Ledesma, Saludo & Associates for private respondents.
WHEREFORE, in the interest of orderly procedure and substantial justice,
we REMAND the case to the court a quo for the purpose of receiving evidence
which conclusively show respondents legal capacity to marry petitioner; and failing
in that, of declaring the parties marriage void on the ground of bigamy, as above
discussed. No costs. FELICIANO, J.:
6. TERMINATION
Respondents then commenced training in Pakistan. After their training period, they
In the instant Petition for Certiorari, petitioner PIA assails the award of the Regional
began discharging their job functions as flight attendants, with base station in Manila
Director and the Order of the Deputy Minister as having been rendered without
and flying assignments to different parts of the Middle East and Europe.
jurisdiction; for having been rendered without support in the evidence of record
since, allegedly, no hearing was conducted by the hearing officer, Atty. Jose M.
On 2 August 1980, roughly one (1) year and four (4) months prior to the expiration of Pascual; and for having been issued in disregard and in violation of petitioner's
the contracts of employment, PIA through Mr. Oscar Benares, counsel for and rights under the employment contracts with private respondents.
official of the local branch of PIA, sent separate letters both dated 1 August 1980 to
private respondents Farrales and Mamasig advising both that their services as flight
1. Petitioner's first contention is that the Regional Director, MOLE, had no jurisdiction
stewardesses would be terminated "effective 1 September 1980, conformably to
over the subject matter of the complaint initiated by private respondents for illegal
clause 6 (b) of the employment agreement [they had) executed with [PIA]." 2
dismissal, jurisdiction over the same being lodged in the Arbitration Branch of the
National Labor Relations Commission ("NLRC") It appears to us beyond dispute,
On 9 September 1980, private respondents Farrales and Mamasig jointly instituted a however, that both at the time the complaint was initiated in September 1980 and at
complaint, docketed as NCR-STF-95151-80, for illegal dismissal and non-payment the time the Orders assailed were rendered on January 1981 (by Regional Director
of company benefits and bonuses, against PIA with the then Ministry of Labor and Francisco L. Estrella) and August 1982 (by Deputy Minister Vicente Leogardo, Jr.),
Employment ("MOLE"). After several unfruitful attempts at conciliation, the MOLE the Regional Director had jurisdiction over termination cases.
hearing officer Atty. Jose M. Pascual ordered the parties to submit their position
papers and evidence supporting their respective positions. The PIA submitted its
Art. 278 of the Labor Code, as it then existed, forbade the termination of the
position paper, 3 but no evidence, and there claimed that both private respondents
services of employees with at least one (1) year of service without prior clearance
were habitual absentees; that both were in the habit of bringing in from abroad
from the Department of Labor and Employment:
sizeable quantities of "personal effects"; and that PIA personnel at the Manila
International Airport had been discreetly warned by customs officials to advise
private respondents to discontinue that practice. PIA further claimed that the Art. 278. Miscellaneous Provisions . . .
services of both private respondents were terminated pursuant to the provisions of
the employment contract. (b) With or without a collective agreement, no employer may shut
down his establishment or dismiss or terminate the employment of
In his Order dated 22 January 1981, Regional Director Francisco L. Estrella ordered employees with at least one year of service during the last two (2)
the reinstatement of private respondents with full backwages or, in the alternative, years, whether such service is continuous or broken, without prior
the payment to them of the amounts equivalent to their salaries for the remainder of written authority issued in accordance with such rules and
the fixed three-year period of their employment contracts; the payment to private regulations as the Secretary may promulgate . . . (emphasis
respondent Mamasig of an amount equivalent to the value of a round trip ticket supplied)
Manila-USA Manila; and payment of a bonus to each of the private respondents
equivalent to their one-month salary. 4 The Order stated that private respondents Rule XIV, Book No. 5 of the Rules and Regulations Implementing the Labor
had attained the status of regular employees after they had rendered more than a Code, made clear that in case of a termination without the necessary
CONFLICTS OF LAW FEB 23 ASS CASES 105
clearance, the Regional Director was authorized to order the reinstatement 2. The second contention of petitioner PIA is that, even if the Regional Director had
of the employee concerned and the payment of backwages; necessarily, jurisdiction, still his order was null and void because it had been issued in violation
therefore, the Regional Director must have been given jurisdiction over of petitioner's right to procedural due process . 6 This claim, however, cannot be
such termination cases: given serious consideration. Petitioner was ordered by the Regional Director to
submit not only its position paper but also such evidence in its favor as it might
Sec. 2. Shutdown or dismissal without clearance. Any have. Petitioner opted to rely solely upon its position paper; we must assume it had
shutdown or dismissal without prior clearance shall be no evidence to sustain its assertions. Thus, even if no formal or oral hearing was
conclusively presumed to be termination of employment without a conducted, petitioner had ample opportunity to explain its side. Moreover, petitioner
just cause. The Regional Director shall, in such case order the PIA was able to appeal his case to the Ministry of Labor and Employment. 7
immediate reinstatement of the employee and the payment of his
wages from the time of the shutdown or dismissal until the time of There is another reason why petitioner's claim of denial of due process must be
reinstatement. (emphasis supplied) rejected. At the time the complaint was filed by private respondents on 21
September 1980 and at the time the Regional Director issued his questioned order
Policy Instruction No. 14 issued by the Secretary of Labor, dated 23 April on 22 January 1981, applicable regulation, as noted above, specified that a
1976, was similarly very explicit about the jurisdiction of the Regional "dismissal without prior clearance shall be conclusively presumed to be
Director over termination of employment cases: termination of employment without a cause", and the Regional Director was required
in such case to" order the immediate reinstatement of the employee and the
payment of his wages from the time of the shutdown or dismiss until . . .
Under PD 850, termination cases with or without CBA are
reinstatement." In other words, under the then applicable rule, the Regional Director
now placed under the original jurisdiction of the Regional Director.
did not even have to require submission of position papers by the parties in view of
Preventive suspension cases, now made cognizable for the first
the conclusive (juris et de jure) character of the presumption created by such
time, are also placed under the Regional Director. Before PD 850,
applicable law and regulation. In Cebu Institute of Technology v. Minister of Labor
termination cases where there was a CBA were under the
and Employment, 8 the Court pointed out that "under Rule 14, Section 2, of the
jurisdiction of the grievance machinery and voluntary arbitration,
Implementing Rules and Regulations, the termination of [an employee] which was
while termination cases where there was no CBA were under the
without previous clearance from the Ministry of Labor is conclusively presumed to be
jurisdiction of the Conciliation Section.
without [just] cause . . . [a presumption which] cannot be overturned by any contrary
proof however strong."
In more details, the major innovations introduced by PD 850 and
its implementing rules and regulations with respect to termination
3. In its third contention, petitioner PIA invokes paragraphs 5 and 6 of its contract of
and preventive suspension cases are:
employment with private respondents Farrales and Mamasig, arguing that its
relationship with them was governed by the provisions of its contract rather than by
1. The Regional Director is now required to rule on every the general provisions of the Labor Code. 9
application for clearance, whether there is opposition or not, within
ten days from receipt thereof.
Paragraph 5 of that contract set a term of three (3) years for that relationship,
extendible by agreement between the parties; while paragraph 6 provided that,
xxx xxx xxx notwithstanding any other provision in the Contract, PIA had the right to terminate
the employment agreement at any time by giving one-month's notice to the
(Emphasis supplied) employee or, in lieu of such notice, one-months salary.
A contract freely entered into should, of course, be respected, as PIA argues, since
a contract is the law between the parties. 10 The principle of party autonomy in
contracts is not, however, an absolute principle. The rule in Article 1306, of our Civil
Code is that the contracting parties may establish such stipulations as they may
deem convenient, "provided they are not contrary to law, morals, good customs,
public order or public policy." Thus, counter-balancing the principle of autonomy of
contracting parties is the equally general rule that provisions of applicable law,
DECISION
Before us is a petition for review on certiorari of the Decision [1] of the Court of
Appeals dated May 19, 1993 in CA-G.R. CV No. 35871 affirming the
Decision[2] dated October 14, 1991 of the Regional Trial Court of Pasig, Metro
Manila, Branch 168 in Civil Case No. 56368 which dismissed the complaint of
petitioner Asiavest Merchant Bankers (M) Berhad for the enforcement of the money
It appears that sometime in 1983, petitioner initiated a suit for collection (ii) the sum of $2,521,423.32 from the 11th day of March 1983 to the date
against private respondent, then known as Construction and Development of payment; and $350.00 (Ringgit Three Hundred and Fifty) costs.
Corporation of the Philippines, before the High Court of Malaya in Kuala Lumpur
entitled Asiavest Merchant Bankers (M) Berhad v. Asiavest CDCP Sdn. Bhd. and Dated the 13th day of September, 1985.
Construction and Development Corporation of the Philippines.[3]
Senior Assistant Registrar,
Petitioner sought to recover the indemnity of the performance bond it had put
up in favor of private respondent to guarantee the completion of the Felda Project
High Court, Kuala Lumpur
and the non-payment of the loan it extended to Asiavest-CDCP Sdn. Bhd. for the
completion of Paloh Hanai and Kuantan By-Pass Project.
This Judgment is filed by Messrs. Skrine & Co., 3rd Floor, Straits Trading Building,
No. 4, Leboh Pasar, Besar, Kuala Lumpur, Solicitors for the Plaintiffs abovenamed.
On September 13, 1985, the High Court of Malaya (Commercial Division)
(VP/Ong/81194.7/83)[4]
rendered judgment in favor of the petitioner and against the private respondent
which is also designated therein as the 2nd Defendant. The judgment reads in full:
On the same day, September 13, 1985, the High Court of Malaya issued an
Order directing the private respondent (also designated therein as the
SUIT NO. C638 of 1983
2nd Defendant) to pay petitioner interest on the sums covered by the said
Judgment, thus:
Between
SUIT NO. C638 OF 1983
Asiavest Merchant Bankers (M) Berhad Plaintiffs
Between
And
Asiavest Merchant Bankers (M) Berhad Plaintiffs
1. Asiavest-CDCP Sdn. Bhd.
And
2. Construction & Development
1. Asiavest-CDCP Sdn. Bhd.
Corporation of the Philippines Defendant
2. Construction & Development
JUDGMENT
Corporation of the Philippines Defendants
The 2nd Defendant having entered appearance herein and the Court having under
Order 14, rule 3 ordered that judgment as hereinafter provided be entered for the
BEFORE THE SENIOR ASSISTANT REGISTRAR
Plaintiffs against the 2nd Defendant.
Upon the application of Asiavest Merchant Bankers (M) Berhad, the Plaintiffs in this On May 22, 1989, private respondent filed its Answer with Compulsory
action AND UPON READING the Summons in Chambers dated the 16th day of Counterclaim[10] and therein raised the grounds it brought up in its motion to dismiss.
August, 1984 and the Affidavit of Lee Foong Mee affirmed on the 14th day of August In its Reply[11] filed on June 8, 1989, the petitioner contended that the High Court of
1984 both filed herein AND UPON HEARING Mr. T. Thomas of Counsel for the Malaya acquired jurisdiction over the person of private respondent by its voluntary
Plaintiffs and Mr. Khaw Chay Tee of Counsel for the 2nd Defendant abovenamed on submission to the courts jurisdiction through its appointed counsel, Mr. Khay Chay
the 26th day of December 1984 IT WAS ORDERED that the Plaintiffs be at liberty to Tee. Furthermore, private respondents counsel waived any and all objections to the
sign final judgment against the 2nd Defendant for the sum of $5,108.290.23 AND IT High Courts jurisdiction in a pleading filed before the court.
WAS ORDEREDthat the 2nd Defendant do pay the Plaintiffs the costs of suit at
$350.00 AND IT WAS FURTHER ORDERED that the plaintiffs be at liberty to apply In due time, the trial court rendered its Decision dated October 14, 1991
for payment of interest AND upon the application of the Plaintiffs for payment of dismissing petitioners complaint. Petitioner interposed an appeal with the Court of
interest coming on for hearing on the 1st day of August in the presence of Mr. Appeals, but the appellate court dismissed the same and affirmed the decision of
Palpanaban Devarajoo of Counsel for the Plaintiffs and Mr. Khaw Chay Tee of the trial court in a Decision dated May 19, 1993.
Counsel for the 2ndDefendant above-named AND UPON HEARING Counsel as
aforesaid BY CONSENT IT WAS ORDERED that the 2nd Defendant do pay the Hence, the instant petition which is anchored on two (2) assigned errors, [12] to
Plaintiffs interest at a rate to be assessed AND the same coming on for assessment wit:
this day in the presence of Mr. Palpanaban Devarajoo of Counsel for the Plaintiffs
and Mr. Khaw Chay Tee of Counsel for the 2nd Defendant AND UPON HEARING
I
Counsel as aforesaid BY CONSENT IT IS ORDERED that the 2nd Defendant do
pay the Plaintiffs interest at the rate of 12% per annum on:
THE COURT OF APPEALS ERRED IN HOLDING THAT THE MALAYSIAN
COURT DID NOT ACQUIRE PERSONAL JURISDICTION OVER PNCC,
(i) the sum of $2,586,866.91 from the 2nd day of March 1983 to the date
NOTWITHSTANDING THAT (a) THE FOREIGN COURT HAD SERVED
of payment; and
SUMMONS ON PNCC AT ITS MALAYSIA OFFICE, AND (b) PNCC ITSELF
APPEARED BY COUNSEL IN THE CASE BEFORE THAT COURT.
(ii) the sum of $2,521,423.32 from the 11th day of March 1983 to the date
of Payment.
II
A foreign judgment is presumed to be valid and binding in the country from (b) A certified and authenticated copy of the Order dated September 13,
which it comes, until a contrary showing, on the basis of a presumption of regularity 1985 issued by the Malaysian High Court in Civil Suit No. C638 of
of proceedings and the giving of due notice in the foreign forum. Under Section 1983;[25]
50(b),[16] Rule 39 of the Revised Rules of Court, which was the governing law at the
time the instant case was decided by the trial court and respondent appellate court, (c) Computation of principal and interest due as of January 31, 1990 on
a judgment, against a person, of a tribunal of a foreign country having jurisdiction to the amount adjudged payable to petitioner by private respondent;[26]
pronounce the same is presumptive evidence of a right as between the parties and
their successors in interest by a subsequent title. The judgment may, however, be
(d) Letter and Statement of Account of petitioners counsel in Malaysia
assailed by evidence of want of jurisdiction, want of notice to the party, collusion,
indicating the costs for prosecuting and implementing the Malaysian
fraud, or clear mistake of law or fact. In addition, under Section 3(n), Rule 131 of the
High Courts Judgment;[27]
Revised Rules of Court, a court, whether in the Philippines or elsewhere, enjoys the
presumption that it was acting in the lawful exercise of its jurisdiction. Hence, once
the authenticity of the foreign judgment is proved, the party attacking a foreign (e) Letters between petitioners Malaysian counsel, Skrine and Co., and
judgment, is tasked with the burden of overcoming its presumptive validity. its local counsel, Sycip Salazar Law Offices, relative to institution of
the action in the Philippines;[28]
In the instant case, petitioner sufficiently established the existence of the
money judgment of the High Court of Malaya by the evidence it offered. Vinayak (f) Billing Memorandum of Sycip Salazar Law Offices dated January 2,
Prabhakar Pradhan, presented as petitioners sole witness, testified to the effect that 1990 showing attorneys fees paid by and due from petitioner;[29]
he is in active practice of the law profession in Malaysia;[17] that he was connected
with Skrine and Company as Legal Assistant up to 1981; [18] that private respondent, (g) Statement of Claim, Writ of Summons and Affidavit of Service of such
then known as Construction and Development Corporation of the Philippines, was writ in petitioners suit against private respondent before the Malaysian
sued by his client, Asiavest Merchant Bankers (M) Berhad, in Kuala Lumpur; [19] that High Court;[30]
the writ of summons were served on March 17, 1983 at the registered office of
private respondent and on March 21, 1983 on Cora S. Deala, a financial planning (h) Memorandum of Conditional Appearance dated March 28, 1983 filed
officer of private respondent for Southeast Asia operations;[20] that upon the filing of by counsel for private respondent with the Malaysian High Court;[31]
the case, Messrs. Allen and Gledhill, Advocates and Solicitors, with address at
24th Floor, UMBC Building, Jalan Sulaiman, Kuala Lumpur, entered their conditional
appearance for private respondent questioning the regularity of the service of the (i) Summons in Chambers and Affidavit of Khaw Chay Tee, counsel for
writ of summons but subsequently withdrew the same when it realized that the writ private respondent, submitted during the proceedings before the
was properly served;[21] that because private respondent failed to file a statement of Malaysian High Court;[32]
defense within two (2) weeks, petitioner filed an application for summary judgment
and submitted affidavits and documentary evidence in support of its claim; [22] that the (j) Record of the Courts Proceedings in Civil Case No. C638 of 1983;[33]
matter was then heard before the High Court of Kuala Lumpur in a series of dates
where private respondent was represented by counsel;[23] and that the end result of (k) Petitioners verified Application for Summary Judgment dated August
all these proceedings is the judgment sought to be enforced. 14, 1984;[34] and
In addition to the said testimonial evidence, petitioner offered the following (l) Letter dated November 6, 1985 from petitioners Malaysian counsel to
documentary evidence: private respondents counsel in Malaysia.[35]
Having thus proven, through the foregoing evidence, the existence and
authenticity of the foreign judgment, said foreign judgment enjoys presumptive