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Amos Bellis v Bellis

20 SCRA 358 GR L-23678 June 6, 1967


FACTS:

The Petitioners for the case are TESTATE ESTATE OF AMOS G. BELLIS,
deceased, PEOPLE'S BANK and TRUST COMPANY who is the executor, MARIA
CRISTINA BELLIS, and MIRIAM PALMA BELLIS. The defendants are EDWARD A.
BELLIS, ET AL. Amos G. Bellis was a citizen and resident of Texas at the time
of his death. Before he died, he made two wills, one disposing his Texas
properties, the other disposing his Philippine properties. In both wills, the
recognized illegitimate children were not given any share. Texas has no
conflict rule (Rule of Private International Law) governing successional rights.
Furthermore, under Texas law, there are no compulsory heirs.

ISSUE:

Are Bellis illegitimate children entitled to successional rights?

RULING:

The said illegitimate children are not entitled to their legitimes. Under Texas
law, there are no legitimes. Even if the other will was executed in the
Philippines, his national law, still, will govern the properties for succession
even if it is stated in his testate that it shall be governed by the Philippine
law. It must have been their purpose to make the second paragraph of Art.
16 a specific provision in itself which must be applied in testate and intestate
succession. The parties admit that the decedent, Amos G. Bellis, was a
citizen of the State of Texas, U.S.A., and that under the laws of Texas, there
are no forced heirs or legitimes. Accordingly, since the intrinsic validity of the
provision of the will and the amount of successional rights are to be
determined under Texas law, the Philippine law on legitimes cannot be
applied to the testacy of Amos G. Bellis.

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