POLLY CAYETANO vs. HON. TOMAS T. LEONIDAS AUTHOR: Dadivas, Ma. Louise B.

G.R. No. L-54919 Date: May 30, 1984 Notes:

TOPIC: LAW GOVERNING CONTENT
PONENTE: GUTIERREZ, JR.
CASE LAW/ DOCTRINE:
The national law of the decedent must apply as to the intrinsic validity of the provisions of the will

EMERGENCY RECIT:
AC, an American Citizen and a resident of Pennsylvania died here in the Philippines and left a will. Her father filed an affidavit of self-
adjudication which was opposed by her sisters by filing a petition to reprobate the will. It was their contention that AC made her last
will and testament according to the laws of Pennsylvania. The Supreme Court ruled that the provisions of the will, an intrinsic
validity, must be governed by the national law of the decedent. Hence, the law of Pennsylvania must be applied.
FACTS:

1. 01/31/77: Adoracion Campos (AC) died. Her surviving heirs are Hermogenes Campos (HC, father of AC and also her
compulsory heir) and Nenita Paguia (NP) Remedios Lopez (RL) and Marieta Medina (MM) sisters of AC
2. HC executed an Affidavit of Adjudication1 and adjudicated unto himself the entire estate of AC.
3. 11/25/77: NP filed a petition for the reprobate of a will contending that:
It was executed in the US
She was appointed as administratrix of the estate
AC was an American citizen at the time of her death and was a permanent resident of Pennsylvania.
AC died in Manila2 while temporarily residing with her sister
AC made her last will and testament 3 according to the laws of Pennsylvania and nominated Wilfredo Barzaga (New
Jersey) as executor
The will was presented, probated, allowed, and registered with the Registry of Wins at the County of Philadelphia
The administrator appointed after Dr. Barzaga declined and waived his appointment as executor (also a U.S.
resident). Hence, there must be an administrator for the properties located in PH.
4. 1/11/78: HC filed an opposition to the reprobate of the will:
The will is a forgery
Intrinsic provisions of the will are null and void
Even if American laws on intrinsic provisions are invoked, it cannot be applied because it is unjust.
5. 12/1/78: HC filed a Motion to Dismiss Opposition (With Waiver of Rights or Interests) confirming that it was the probated
will of AC.
6. CFI: The Last Will and Testament of AC is admitted and allowed probate in the Philippines. NP is appointed Administratrix
7. 5/25/79: HC filed a petition for relief because the withdrawal of his opposition was secured through fraudulent means.
There were several resets of the hearing because HC failed to appear. Then he later on filed another motion to vacate/set
aside order/dismiss the case for lack of jurisdiction. Thereafter, he failed to adduce evidence to support his petition, hence,
it was dismissed. (PROCEDURAL ASPECT)
8. HC died and left a will which made a certain Polly Cayetano as his executor and was the one who substituted him in his
case.

ISSUE(S):
What law should apply as to the intrinsic validity of the will? The national law of the decedent.

HELD/RATIO:
The intrinsic validity of the provisions of the will as provided for by Article 16(2)4 and 10395 of the Civil Code, the national law of the
decedent must apply.
In this case, it was sufficiently established that AC was an American citizen and a permanent resident of Philadelphia, Pennsylvania,

1 Rule 74 Section 1, Rules of Court

2 January 31, 1977
3 July 10, 1975
4 Art. 16 par. (2): However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of

testamentary provisions, shall be regulated by 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

5Art. 1039: Capacity to succeed is governed by the law of the nation of the decedent
U.S.A at the time of her death. Hence, the law of Pennsylvania must be applied.