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ANCHETA vs GUERSEY DALAYGON

Facts:
Spouses Audrey and W. Richard Guersey were American citizens who have
resided in the Philippines. They have an adopted daughter, Kyle. When
Audrey died, she bequeathed her entire estate to Richard. The will was
admitted to probate in Maryland, U.S.A, which named James N. Phillips as
executor. The court also named Atty. Alonzo Q. Ancheta as ancillary
administrator. Audrey’s will was also admitted to probate in the Philippines
(CFI-Pasig). Later, Richard married Candelaria Guersey-Dalaygon with whom
he has two children- Kimberly and Kevin. When Richard died, he left a will
bequeathing his entire estate to respondent, save for his rights and interests
over the A/G Interiors, Inc. shares, which he left to Kyle. The will was
admitted to probate in Maryland, U.S.A. Richard’s will was then submitted for
probate before the Regional Trial Court of Makati. Petitioner filed a motion to
declare Richard and Kyle as heirs of Audrey. Petitioner also filed a project of
partition of Audrey’s estate, between Richard and Kyle. These were approved
by the trial court. Respondent sought annulment of the project partition made
arguing that since Audrey devised her entire estate to Richard, then the
Makati property should be wholly adjudicated to him and since Richard left
his entire estate, except for his rights and interests over the A/G Interiors,
Inc., to respondent, then the entire Makati property should now pertain to
respondent. The Court of Appeals annulled the questioned orders.

Issue: Whether or not the project of partition filed by the ancillary


administrator is valid.

Held:
Petitioner’s failure to proficiently manage the distribution of Audrey’s estate
according to the terms of her will and as dictated by the applicable law
amounted to extrinsic fraud. Hence, the annulment of project of partition
was valid.

Section 4, Rule 77 of the Rules of Court states: “Estate, how


administered.-When a will is thus allowed, the court shall grant letters
testamentary, or letters of administration with the will annexed, and such
letters testamentary or of administration, shall extend to all the estate of the
testator in the Philippines. Such estate, after the payment of just debts and
expenses of administration, shall be disposed of according to such will,
so far as such will may operate upon it; and the residue, if any, shall be
disposed of as is provided by law in cases of estates in the Philippines
belonging to persons who are inhabitants of another state or country.”

While foreign laws do not prove themselves in our jurisdiction and our
courts are not authorized to take judicial notice of them; however, petitioner,
as ancillary administrator of Audrey’s estate, was duty-bound to introduce in
evidence the pertinent law of the State of Maryland.

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