Manuel Palaganas vs Ernesto Palaganas

G.R. No. 169144 – 655 Phil. 535 – 640 SCRA 538 – Remedial Law – Special Proceedings – Settlement of Estate – Jurisdiction of Probate Courts; Philippine courts may probate will executed abroad by an alien

In 2001, Ruperta Palaganas, an American, died. Before she died, she executed a will in California, USA which provided for the disposition of her Philippine properties as well as her US properties.

In 2003, Ernesto Palaganas petitioned for the probate of Ruperta’s will here in the Philippines. Manuel Palaganas opposed the petition on the ground that the will should first be probated in California before it can be probated here in accordance with Rule 77 of the Rules of Court.

ISSUE: Whether or not a will executed abroad by an alien may be probated here without that will undergoing probate abroad.

HELD: Yes. Philippine courts have jurisdiction to probate wills executed abroad by aliens even if such wills do not undergo foreign probate.

Our laws do not prohibit the probate of wills executed by foreigners abroad although the same have not as yet been probated and allowed in the countries of their execution. A foreign will can be given legal effects in our jurisdiction. Article 816 of the Civil Code states that the will of an alien who is abroad produces effect in the Philippines if made in accordance with the formalities prescribed by the law of the place where he resides, or according to the formalities observed in his country.

Section 1, Rule 73 of the 1997 Rules of Civil Procedure provides that if the decedent is an inhabitant of a foreign country, the RTC of the province where he has an estate may take cognizance of the settlement of such estate.

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