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    Cayetano Vs Leonidas

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    shookt panboi
    This case involved a dispute over the will of Adoracion Campos, an American citizen who died in the Philippines. The facts are that Adoracion died in 1977 and left her father and three sisters as heirs. Her father claimed ownership of the entire estate by affidavit. One sister, Nenita, contested this by trying to probate a will allegedly made by Adoracion in the US. The court held that as an American citizen, American law governed the validity of Adoracion's will according to the Civil Code. Under Pennsylvania law, which applied as her state of residence, all provisions of the will were valid even if they disinherited family members. Therefore, the will was valid and could

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    Cayetano Vs Leonidas

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    shookt panboi
    56 views1 page
    This case involved a dispute over the will of Adoracion Campos, an American citizen who died in the Philippines. The facts are that Adoracion died in 1977 and left her father and three sisters as heirs. Her father claimed ownership of the entire estate by affidavit. One sister, Nenita, contested this by trying to probate a will allegedly made by Adoracion in the US. The court held that as an American citizen, American law governed the validity of Adoracion's will according to the Civil Code. Under Pennsylvania law, which applied as her state of residence, all provisions of the will were valid even if they disinherited family members. Therefore, the will was valid and could

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    cayetano vs leonidas

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    This case involved a dispute over the will of Adoracion Campos, an American citizen who died in the Philippines. The facts are that Adoracion died in 1977 and left her father and three sisters as heirs. Her father claimed ownership of the entire estate by affidavit. One sister, Nenita, contested this by trying to probate a will allegedly made by Adoracion in the US. The court held that as an American citizen, American law governed the validity of Adoracion's will according to the Civil Code. Under Pennsylvania law, which applied as her state of residence, all provisions of the will were valid even if they disinherited family members. Therefore, the will was valid and could

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    56 views1 page

    Cayetano Vs Leonidas

    Uploaded by

    shookt panboi
    This case involved a dispute over the will of Adoracion Campos, an American citizen who died in the Philippines. The facts are that Adoracion died in 1977 and left her father and three sisters as heirs. Her father claimed ownership of the entire estate by affidavit. One sister, Nenita, contested this by trying to probate a will allegedly made by Adoracion in the US. The court held that as an American citizen, American law governed the validity of Adoracion's will according to the Civil Code. Under Pennsylvania law, which applied as her state of residence, all provisions of the will were valid even if they disinherited family members. Therefore, the will was valid and could

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    © All Rights Reserved
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    Cayetano vs. Leonidas – GR No.

    54919 (May 30, 1984)


    Facts:
    In January 1977, Adoracion C. Campos died, leaving her father, petitioner Hermogenes Campos (substituted by
    Polly Cayetano upon his death) and her sisters, private respondent Nenita C. Paguia, Remedios C. Lopez and
    Marieta C. Medina as the surviving heirs.
    As Hermogenes Campos was the only compulsory heir, he executed an Affidavit of Adjudication whereby he
    adjudicated unto himself the ownership of the entire estate of the deceased Adoracion Campos.
    In November 1977, Nenita C. Paguia filed a petition for the reprobate of a will of the deceased Adoracion Campos,
    which was allegedly executed in the United States, and for her appointment as administratrix of the estate of the
    deceased testatrix.
    Nenita alleged that the testatrix was an American citizen at the time of her death and was a permanent resident of
    Philadelphia, Pennsylvania, U.S.A.; that the testatrix died in Manila while temporarily residing with her sister; that
    during her lifetime, the testatrix made her last will and testament on July 10, 1975, according to the laws of
    Pennsylvania.
    An opposition to the reprobate of the will was filed by petitioner, alleging, among other things, that the intrinsic
    provisions of the will are null and void, and that even if pertinent American laws on intrinsic provisions are invoked,
    the same could not apply inasmuch as they would work injustice and injury to him.
    The RTC issued an order admitting and allowing probate in the Philippines of the Last Will and Testament of
    Adoracion Campos.
    Issue:
    Are the provisions of the will valid? – Yes.
    Held:
    Although on its face, the will appeared to have preterited the petitioner and thus, the respondent judge should have
    denied its reprobate outright, private respondents have sufficiently established that Adoracion was, at the time of her
    death, an American citizen and a permanent resident of Philadelphia, Pennsylvania, U.S.A.
    Therefore, under Article 16 par. (2) and 1039 of the Civil Code, the law which governs Adoracion Campo’s will is
    the law of Pennsylvania, U.S.A., which is the national law of the decedent.
    Although the parties admit that the Pennsylvania law does not provide for legitimes and that all the estate may be
    given away by the testatrix to a complete stranger, the petitioner argues that such law should not apply because it
    would be contrary to the sound and established public policy and would run counter to the specific provisions of
    Philippine Law.
    It is a settled rule that as regards the intrinsic validity of the provisions of the will, as provided for by Article 16 (2)
    and 1039 of the Civil Code, the national law of the decedent must apply.

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