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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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