In re Estate of Suntay

031

G.R. Nos. L-3087 and L- 3088, July 31, 1954, Padilla, J.

Digested by Pat Law 105- Succession
Topic: Law governing form and content
Heir found among the files of his late father a will executed in Amoy, CHN. He then filed a petition in the
intestate proceedings already instituted in the CFI praying for the probate of the said will. CFI denied his
petition. SC affirmed ruling that the heirs failed to prove that the will was allowed and probated in
accordance with the laws of CHN which is a prerequisite before the will may be allowed, filed and
recorded by a PH court.

FACTS
Jose Suntay, a Filipino citizen and resident of PH, died in the city of Amoy, China. He
left:
o
o
o

Real and personal properties in the PH and a house in CHN

Children by the first marriage with the late Manuela Cruz (Apolonio, Concepcion, Angel,
Manuel, Federico, Ana, Aurora, Emiliano, Jose Jr.)
Child named Silvino by the second marriage with Maria Billian

Intestate proceedings were instituted in the CFI.

Subsequently, surviving wife Maria filed a petition also in the CFI for the probate of a
last will and testament claimed to have been executed and signed by Jose in the PH.
o CFI denied the petition because of the loss of said will after the filing of the
petition and before the hearing thereof and of the insufficiency of evidence to
establish the loss of said will.
o SC in a previous case held that evidence before the probate court was sufficient to
prove the loss of the will; it remanded the case to CFI for further proceedings.
Pacific war supervened. After liberation, Silvino filed a petition in the intestate
proceedings praying for the probate of the will executed in the PH or of the will executed
in CHN claiming that:
o He had found among the files, records, and documents of his late father a will and
testament in Chinese characters executed and signed by the deceased and that the
same was filed, recorded, and probated in the Amoy district court.
CFI denied the petition.

ISSUES & HOLDING

1. Whether the will executed in CHN must be probated- NO
RATIO
Rule 78, ROC
Sec. 1. Wills proved and allowed in a foreign country, according to the laws of such country, may be
allowed, filed, and recorded by the proper Court of First Instance in the Philippines.

The will in this case cannot be allowed, filed, and recorded by a competent court of PH
For the will to be allowed, filed and recorded by a court in the PH:
o The fact that the municipal district court of Amoy is a probate court must be
proved.
o The law of CHN on procedure in the probate or allowance of wills must also
proved.
o The legal requirements for the execution of a valid will in CHN at the time should
also be established by competent evidence.
Heirs failed to show proof on the above-mentioned points.
o The unverified answers to the questions propounded by counsel to the Consul
General of CHN are inadmissible, because: (1) the office of the Consul General
does not qualify and make the person who holds it an expert on the CH law on
procedure in probate matters and (2) if the same be admitted, the adverse party
would be deprived of his right to confront and cross-examine the witness.
In the absence of proof that the municipal district court of Amoy is a probate court and on
the Chinese law of procedure in probate matter, it may be presumed that the proceedings
in the matter of probating or allowing a will in the Chinese courts are the same as those
provided for in our laws.
o It is a proceeding in rem and for the validity of such proceedings personal notice
or by publication or both to all interested parties must be made.
The interest parties in this case were known to reside in the PH. No
evidence was shown that they received any notice.
Moreover, the proceedings had in the municipal district court of Amoy were for the
purpose of taking the testimony of 2 attesting witnesses to the will and that the order of
court1 does not purport to probate the will.
o The proceedings may be likened to a deposition or to a perpetuation of testimony.
o The will and the alleged probate thereof cannot be said to have been done in
accordance with the accepted and basic and fundamental concepts and principles
followed in the probate and allowance of wills.

1 Please check the actual Order of the Amoy municipal court from the original case