Dulatas, Ruth Angela H.

July 19, 2018

Conflict of Laws

Testate Estate of Amos Bellis, et al. vs. Edward A. Bellis

Facts:

Amos Bellis was a citizen of the state of Texas and of the United States. He had five legitimate children
with his first wife (whom he divorced), three legitimate children with his second wife (who survived him)
and three illegitimate children. 6 years before Bellis death, he executed 2 wills, apportioning the
remainder of his estate to his seven surviving children. The appellants filed their oppositions claiming
that they have been deprived of their legitimes to which they were entitled according to Philippine law.
Appellants argued that the deceased wanted his Philippine estate to be governed by the Philippine law.
Hence there is a creation of two separate wills.

Issue:

Whether or not the Philippine law be applied in the case in the determination of the illegitimate
children’s successional rights.

Ruling:

The Court ruled that provision in a foreigner’s will to the effect that his properties shall be distributed in
accordance with Philippine law and not with his national law is illegal and void because his national law
cannot be ignored in view of Article 10 now Article 16 of the Civil Code which states that national law
should govern.

The Supreme Court held that the illegitimate children are not entitled to the legitimes under the texas
law, which is the national law of the deceased.

Philippine Trust Co. vs. Bohonan, al.

Facts:

Testator Bohonan was born in Nebraska and was a US citizen. He has some properties in California.
Despite his long residence in the Philippines, his stay was found by the CFI to be merely temporary and
he remained to be a US citizen. The CFI declared his will as fully in accordance with the laws of Nevada
and admitted to probate. The Philippine Trust Co. was named executor of the will. Respondent
Magdalena Bohonan, his ex-wife, questions the validity of the partition, claiming that she and her
children were deprived of legitimes.

Issue:
Whether or not Magdalena is entitled to legitime as surviving spouse

Ruling:

No. There is no right to share in the inheritance in favor of a divorced wife in the State of Nevada. There
is also no conjugal property between her and decedent. The court also found that there is no
community property between Magdalena and the decedent when she filed a motion to withdraw
20,000 from estate funds.

Miciano vs. Brimo

Facts:

Juan Miciano, judicial administrator of the estate in question, filed a scheme of partition. Andre Brimo,
one of the brothers of the deceased (Joseph Brimo) opposed Miciano’s participation in the inheritance.
Joseph Brimo is a Turkish citizen.

Issue:

Whether Turkish law or Philippine law will be the basis on the distribution of Joseph Brimo’s estates.

Ruling:

Though the last part of the second clause of the will expressly said that “it be made and disposed of in
accordance with the laws in force in the Philippine Island”, this condition, described as impossible
conditions, shall be considered as not imposed and shall not prejudice the heir or legatee in any manner,
even should the testator otherwise provide. Impossible conditions are further defined as those contrary
to law or good morals. Thus, national law of the testator shall govern testamentary dispositions.

Orion Savings Bank vs. Suzuki

Facts:

Suzuki, a Japanese national, met with Ms. Helen Soneja to inquire about a condominium unit and a
parking slot owned by Yung Sam Kang, a Korean national. Soneja informed Suzuki that Unit No. 536 and
Parking Slot No. 42 were for sale. Soneja assured Suzuki that the titles to the unit and the parking slot
were clean. After such payment of the unit and the parking slot, Kang executed a Deed of Absolute Sale.
Suzuki took possession of the condominimum unit and parking lot. Kang made several representations
with Suzuki to deliver the titles to the properties, which were allegedly in possession of Alexander Perez
for safekeeping. Despite, several verbal demands, kang failed to deliver such documents. Suzuki learned
that Kang had left the country, prompting Suzuki to verify the status of the properties. He learned that
CCCT No. 9118 representing the title to the parking Slot contained no annotations. Despite the
cancellation of the mortgage to Orion, the titles to the properties remained in possession of Perez.
Suzuki demanded the delivery of the titles. Orion, through Perez, refused to surrender titles.

Issue:

Whether or not Korean Law should be applied in conveying the conjugal property of spouses Kang?

Ruling:

The Korean law should be applied. It is a universal principle that real property is exclusively subject to
the laws of the country where it is located. Thus, all matters concerning the title and disposition of real
property are determined by what is known as the Lex loci rei sitae.

Property relations between spouses are governed by national law of the spouses. However, the party
invoking the application of a foreign law has the burden of proving the foreign law. Matters concerning
the title and disposition of real property shall be governed by Philippine law while issues pertaining to
the conjugal nature of the property shall be governed by South Korean law, provided it is proven as a
fact. In the present case, Orion failed to prove the South Korean law on the conjugal ownership of
property.

Accordingly, the International Law doctrine of presumed-identity approach or processual presumption

comes into play, where a foreign law is not pleaded or, even if pleaded, is not proven, the presumption
is that foreign law is the same as Philippine law.

Under Philippine law, the phrase “Yung Sam Kang ‘married to’ Hyun Sook Jung” is merely descriptive of
the civil status of Kang. There is no reason to declare as invalid Kang’s conveyance in favor of Suzuki for
the supposed lack of spousal consent.

It is undisputed that despite the supposed execution of the Dacion en Pago, Kang remained in
possession of the condominium unit. Kang was even able to transfer possession of the condominium
unit to Suzuki, who then made immediate improvements.