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Cayetano vs. Leonidas

1) Adoracion Campos died in 1977 in Manila leaving her father Hermogenes Campos and sisters as heirs. Hermogenes claimed sole ownership through an affidavit. 2) One sister filed to probate Adoracion's will allegedly made in the US appointing an executor. Hermogenes opposed, claiming the will was forged. 3) In 1979, a judge issued an order stating Adoracion was a US citizen and admitted her will, appointing the sister as administrator. 4) Hermogenes died and his executor, petitioner Cayetano, substituted as plaintiff claiming the judge gravely abused discretion by disregarding Philippine succession law.

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Katrina Mae Magallanes
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79 views2 pages

Cayetano vs. Leonidas

1) Adoracion Campos died in 1977 in Manila leaving her father Hermogenes Campos and sisters as heirs. Hermogenes claimed sole ownership through an affidavit. 2) One sister filed to probate Adoracion's will allegedly made in the US appointing an executor. Hermogenes opposed, claiming the will was forged. 3) In 1979, a judge issued an order stating Adoracion was a US citizen and admitted her will, appointing the sister as administrator. 4) Hermogenes died and his executor, petitioner Cayetano, substituted as plaintiff claiming the judge gravely abused discretion by disregarding Philippine succession law.

Uploaded by

Katrina Mae Magallanes
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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Cayetano vs.

Leonidas (Gutierrez, 1984) Facts: 1977Adoracion Campos died, leaving her father, petitioner (PET) Hermogenes Campos and her sisters, private respondents ( E!Ps) "enita C# Pag$ia, emedios C# %ope& and 'arieta C# 'edina as the s$rviving heirs# As Hermogenes Campos (as the onl) comp$lsor) heir, he e*ec$ted an Affidavit of Ad+$dication (here,) he ad+$dicated $nto himself the o(nership of the entire estate of the deceased Adoracion Campos# "enita Pag$ia filed a petition for the repro,ate of a (ill of Adoracion Campos, (hich (as allegedl) e*ec$ted in the -nited !tates and for her appointment as administratri* of the estate of the deceased testatri*# "enita alleged that the testatri* (as an American citi&en at the time of her death and (as a permanent resident of Philadelphia, Penns)lvania, -#!#A#. that she died in 'anila on /an$ar) 01, 1977 (hile temporaril) residing (ith her sister at 'alate. that d$ring her lifetime, she made her last (ill and testament, according to the la(s of Penns)lvania, -#!#A#, nominating 1ilfredo 2ar&aga of "e( /erse) as e*ec$tor. that after the testatri* death, her last (ill and testament (as presented, pro,ated, allo(ed, and registered (ith the egistr) of 1ills at the Co$nt) of Philadelphia, -#!#A that Clement %# 'c%a$ghlin, the administrator (ho (as appointed after 3r# 2ar&aga had declined and (aived his appointment as e*ec$tor in favor of the former, is also a resident of Philadelphia, -#!#A#, and that therefore, there is an $rgent need for the appointment of an administratri* to administer and event$all) distri,$te the properties of the estate located in the Philippines# 1974an opposition to the repro,ate of the (ill (as filed ,) PET alleging that the (ill is a forger). that the intrinsic provisions of the (ill are n$ll and void. and that even if American la(s on intrinsic provisions are invo5ed, the same co$ld not appl) inasm$ch as the) (o$ld (or5 in+$stice and in+$r) to him# 1979 E!P /$dge %eonidas iss$ed an order stating that Adoracion Campos (as an American citi&en, admitting the last (ill and testament of Adoracion Campos and appointing "enita Pag$ia as administratri*# 1946PET Hermogenes Campos died and left a (ill, appointing Poll) Ca)etano as the e*ec$tri* of his last (ill and testament# Ca)etano, therefore, filed a motion to s$,stit$te herself as PET in the instant case (hich (as granted ,) the co$rt# Issue: 17" E!P /$dge acted (ith grave a,$se of discretion (hen he r$led that the right of a forced heir to his legitime can ,e divested ,) a decree admitting a (ill to pro,ate in (hich no provision is made for the forced heir in complete disregard of the Philippine %a( of !$ccession Decision and Ratio: "o# Art# 18 par# (6) and Art# 1909 of the Civil Code respectivel) provide: o Art. 16 par. (2). Ho(ever, intestate and testamentar) s$ccessions, ,oth (ith respect to the order of s$ccession and to the amo$nt of s$ccessional rights and to the intrinsic validit) of testamentar) provisions, shall ,e reg$lated ,) the national la( of the person (hose s$ccession is $nder consideration, (hatever ma) ,e the nat$re of the propert) and regardless of the co$ntr) (herein said propert) ma) ,e fo$nd# o Art. 1039. Capacit) to s$cceed is governed ,) the la( of the nation of the decedent# The national la( of the decedent m$st appl)# ;n this case, Adoracion (as, at the time of her death, an American citi&en and a permanent resident of Philadelphia,

Penns)lvania, -#!#A# The la( (hich governs her (ill is, therefore, the la( of Penns)lvania, -#!#A#, (hich is the national la( of the decedent# The Penns)lvania la( does not provide for legitimes and that all the estate ma) ,e given a(a) ,) the testatri* to a complete stranger# Even if this (o$ld ,e contrar) to the so$nd and esta,lished p$,lic polic) and (o$ld r$n co$nter to the specific provisions of Philippine %a(, this la( sho$ld still govern as it is the national la( of the decedent# Katrina Magallanes

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