Escolar Documentos
Profissional Documentos
Cultura Documentos
PCIB v. ESCOLIN
Facts:
Emil Johnson, native of Sweden, naturalized citizen of the US, died in Manila
leaving a will.
o Holographic instrument signed by 2 witnesses. Law requires 3.
Admitted to probate – US citizen, duly executed in accordance with the laws
of Illinois.
Opposed by an alleged daughter: not a resident of Illinois and not in
accordance with Illinois law.
Ratio:
WON the will was executed in conformity with Illinois law
o No witness was presented / examined with reference to the law of
Illinois.
o But Starr and Curtis’ Annotated Illinois Statute – assumed that he
could take judicial notice of the laws of Illinois. WRONG.
Civil Code of Procedure provides that JN pwede if Acts of the Congress of the
US; not of the particular states.
Proper Rule: Statutes of States in the US require proof whenever their
provisions are determinative of the issues in any action litigated in the
Philippine courts.
Nevertheless, the petition does not state eny fact from which it would appear
that the law of Illinois is different from what the court found.