FACTS Whether or not the will executed in China should be
allowed here in the Philippines (NO) JOSE SUNTAY DIED IN AMOY, CHINA LEAVING PROPERTIES IN PHILIPPINES AND CHINA. RULING Jose B. Suntay, a Filipino citizen and resident of the Philippines, died in the city of Amoy, Fookien province, RULE 77 WILL APPLY IN THIS CASE SINCE THE WILL IS Republic of China, leaving real and personal properties in the CLAIMED TO BE EXECUTED IN AMOY, CHINA. Philippines and a house in Amoy, Fookien province, China. RULE 77: Section 1. Wills proved and allowed in a foreign country, LEFT 9 CHILDREN IN HIS FIRST MARRIAGE AND 1 IN according to the laws of such country, may be allowed, filed, SECOND MARRIAGE. and recorded by the proper Court of First Instance in the First marriage had with the late Manuela T. Cruz namely, Philippines. Apolonio, Concepcion, Angel, Manuel, Federico, Ana, Aurora, Section 2. When a copy of such will and the allowance Emiliano, and Jose, Jr. Silvino by the second marriage had thereof, duly authenticated, is filed with a petition for with Maria Natividad Lim Billian who survived him. allowance in the Philippines, by the executor or other person interested, in the court having jurisdiction, such court shall fix FEDERICO SUNTAY WAS APPOINTED AS a time and place for the hearing, and cause notice thereof to ADMINISTRATOR. be given as in case of an original will presented for allowance. Intestate proceedings were instituted in the Court of First Section 3. If it appears at the hearing that the will should be Instance of Bulacan (special proceedings No. 4892) and after allowed in the Philippines, the court shall so allow it, and a hearing letters of administration were issued to Apolonio certificate of its allowance, signed by the Judge, and attested Suntay (a child from the first marriage). After the latter's by the seal of the court, to which shall be attached a copy of death Federico C. Suntay was appointed administrator of the will, shall be filed and recorded by the clerk, and the will the estate. shall have the same effect as if originally proved and allowed in such court. SURVIVING WIDOW FILED A PETITION FOR PROBATE BUT IT WAS DENIED. THE FACT THAT THE MUNICIPAL DISTRICT COURT OF On 15 October 1934 the surviving widow filed a petition in the AMOY, CHINA, IS A PROBATE COURT MUST BE Court of First Instance of Bulacan for the probate of a last will PROVED. and testament claimed to have been executed and signed in The law of China on procedure in the probate or allowance of the Philippines on November 1929 by the late Jose B. Suntay. wills must also be proved. The legal requirements for the This petition was denied because of the loss of said will execution of a valid will in China in 1931 should also be after the filing of the petition and before the hearing established by competent evidence. There is no proof on thereof and of the insufficiency of the evidence to these points. establish the loss of the said will. An appeal was taken from said order denying the probate of the will and this Court CONSUL GENERAL IS NOT AN EXPERT ON CHINESE held the evidence before the probate court sufficient to prove LAW WITH REGARD TO PROBATE PROCEDURE. the loss of the will and remanded the case to the Court of The unverified answers to the questions propounded by First Instance of Bulacan for further proceedings. counsel for the appellant to the Consul General of the Republic of China set forth in Exhibits R-1 and R-2, objected In spite of the fact that a commission from the probate court to by counsel for the appellee, are inadmissible, because was issued on 24 April 1937 for the taking of the deposition apart from the fact that the office of Consul General does not of Go Toh, an attesting witness to the will, on 7 February qualify and make the person who holds it an expert on the 1938 the probate court denied a motion for continuance of Chinese law on procedure in probate matters, if the same be the hearing sent by cablegram from China by the surviving admitted, the adverse party would be deprived of his right to widow and dismissed the petition. confront and cross-examine the witness. Consuls are appointed to attend to trade matters. AFTER LIBERATION, SILVINO FIELD A PETITION FOR PROBATE OF THE WILL EXECUTED IN THE THE PROCEEDINGS IN COURT OF AMOY IS NOT TO PHILIPPINES. PROBATE THE WILL In the meantime the Pacific War supervened. After liberation, It appears that all the proceedings had in the municipal claiming that he had found among the files, records and district court of Amoy were for the purpose of taking the documents of his late father a will and testament in Chinese testimony of two attesting witnesses to the will and that the characters executed and signed by the deceased on 4 order of the municipal district court of Amoy does not purport January 1931 and that the same was filed, recorded and to probate the will. probated in the Amoy district court, Province of Fookien, China, Silvino Suntay filed a petition in the intestate PRESUMED THAT THE PROCEEDINGS IN THE MATTER proceedings praying for the probate of the will executed in OF PROBATING OR ALLOWING A WILL IN THE CHINESE the Philippines on November 1929 (Exhibit B) or of the will COURTS ARE THE SAME AS THOSE PROVIDED FOR IN executed in Amoy, Fookien, China, on 4 January 1931 OUR LAWS ON THE SUBJECT. (Exhibit N). In the absence of proof that the municipal district court of Amoy is a probate court and on the Chinese law of procedure SPECPRO – 23 - Maguigad in probate matters, it may be presumed that the proceedings in the matter of probating or allowing a will in the Chinese courts are the same as those provided for in our laws on the subject. It is a proceeding in rem and for the validity of such proceedings personal notice or by publication or both to all interested parties must be made. The interested parties in the case were known to reside in the Philippines. The evidence shows that no such notice was received by the interested parties residing in the Philippines. The proceedings had in the municipal district court of Amoy, China, may be likened to a deposition or to a perpetuation of testimony, and even if it were so it does not measure or come up to the standard of such proceedings in the Philippines for lack of notice to all interested parties and the proceedings were held at the back of such interested parties.
THE ORDER OF THE MUNICIPAL DISTRICT COURT OF
AMOY, CHINA DOES NOT PURPORT TO PROBATE OR ALLOW THE WILL WHICH WAS THE SUBJECT OF THE PROCEEDINGS. In view thereof, the will and the alleged probate thereof cannot be said to have been done in accordance with the accepted basic and fundamental concepts and principles followed in the probate and allowance of wills. Consequently, the authenticated transcript of proceedings held in the municipal district court of Amoy, China, cannot be deemed and accepted as proceedings leading to the probate or allowance of a will and, therefore, the will referred to therein cannot be allowed, filed and recorded by a competent court of this country.
THE WILL REFERRED TO THEREIN CANNOT BE
ALLOWED, FILED AND RECORDED BY A COMPETENT COURT OF THIS COUNTRY. Where it appears that the proceedings in the court of a foreign country were held for the purpose of taking the testimony of two attesting witnesses to the will and the order of the probate court did not purport to allow the will, the proceedings cannot be deemed to be for the probate of a will, as it was not done in accordance with the basic and fundamental concepts and principles followed in the probate and allowance of wills. Consequently, the will referred to therein cannot be allowed, filed and recorded by a competent court of this country.