ALONZO Q.

ANCHETA
vs.
CANDELARIA GUERSEY-DALAYGON
G.R. No. 139868 : June 8, 2006
AUSTRIA-MARTINEZ, J.

Facts of the Case:

Spouses Audrey ONeill and W. Richard Guersey were American

citizens who have resided in the Philippines for 30 years with adopted
daughter, Kyle Guersey Hill. On July 29, 1979, Audrey died, leaving a
will, bequeathing her entire estate to Richard. The will was admitted
to probate in Maryland, USA. On July 20, 1984, Richard died, leaving
a will, wherein he bequeathed his entire estate to respondent, whom
he married in 1981, save for his rights and interests over the A/G
Interiors, Inc. shares, which he left to Kyle. It was also probated in
Maryland, USA. On October 19, 1987, petitioner filed in the RTC, a
motion to declare Richard and Kyle as heirs of Audrey and asked for
partitioning of her estate while the ancillary administrator of
Richard's estate also filed for partitioning. The RTC approved both.
On October 20, 1993, respondent filed with the CA an amended
complaint for the annulment of the trial courts orders contending
that petitioner willfully breached his fiduciary duty when he
disregarded the laws of the State of Maryland on the distribution of
Audreys estate in accordance with her will.

Issues of the Case:

Whether the orders can be annulled due to extrinsic fraud.

Ruling of the Court:

Petitioners failure to proficiently manage the distribution of

Audreys estate according to the terms of her will and as dictated by
the applicable law amounted to extrinsic fraud. It is undisputed that
Audrey Guersey was an American citizen domiciled in Maryland,
U.S.A. During the reprobate of her will, it was shown that at the time
of Audreys death, she was residing in the Philippines but is domiciled
in Maryland, U.S.A.; her Last Will and Testament was executed and
probated in Maryland, USA., which was duly authenticated by
officials of Maryland and the Philippine Embassy. Article 1039 of the
Civil Code further provides that "capacity to succeed is governed by
the law of the nation of the decedent."