Vda de Perez v Tolete

FACTS:
Jose and Evelyn Cunanan lived in NY w/ 3 children (already
naturalized, working as doctors). Jose executed a will wherein he
bequeathed all the remainder of the real and personal property
"wherever situated" to his wife
-if ever Evelyn dies first, Jose's properties would go to his children
and grandchildren upon his death, with his brother Rafael as trustee
-Evelyn also executed her own will. In both wills, it was stated that if
the two of them died at the same time, it would be presumed that Jose
died first.
Sadly, the whole Cunanan family died in a fire in 1982. Rafael filed
separate proceedings for the probate of the 2 wills (Jose's and Evelyn's) in
NY
-both wills admitted to probate, letters testamentary issued to
Rafael
In 1983, Salud Perez (mother of Evelyn) filed a petition to reprobate
the wills, asked that she be appointed the administratrix
RTC of Bulacan: Approved the petition, made her the administratrix of the
Cunanan's properties
Acts of administration:
 Motion praying that the proceeds of the insurance made by
Jose in favor of Evelyn and their children be delivered to her
 Motion that Rafael be ordered to give her bank deposits and
certificates amounting to about P38k
Rafael contested proceedings in RP:
 Salud is not an heir
 Wills of Jose and Evelyn, who were both American citizens,
were executed in accordance with the formalities of NY law

ISSUE: Whether or not the wills of the Cunanan spouses may be made
effective in RP?

HELD:
YES, provided follow rules of court.
 When are wills executed by aliens abroad effective in RP? Art
816: if made with the formalities prescribed
a. by the law of the place in which he resides
b. in his country
c. By NCC
 Evidence necessary for the reprobate or allowance of wills
a. Due execution of the will in accordance with the
foreign laws
 b. Testator has his domicile in the foreign country (not in
RP)
c. The will has been admitted to probate in such country
d. The fact that the foreign tribunal is a probate court
e. The laws of a foreign country on procedure and
allowance of wills
 HERE: all except first and last were proven by evidence
 Why need to present evidence of the contents of the foreign
law? RP courts cannot take jurisdiction of foreign laws
 Wills of the Cunanan Spouses should be probated jointly (but
it doesn't mean that it's a joint will):
a. construe rules liberally in order to promote their object
and to assist the parties in obtaining just, speedy and
inexpensive determination of every action and
proceeding
b. No Joint wills: the Cunanan spouses executed
SEPARATE WILLS. Since the 2 wills contain essentially the
same provisions and pertain to property which in all
probability are conjugal
 NOTICE should have been given by Mrs. Perez to the other
Cunanan Heirs:
 they are also heirs of Jose Cunanan
 As regard to notices, the will probated abroad should
be treated as if it were an "original will" or a will that is
presented for probate for the first time

Disposition: Remand case, submit evidence necessary (under item 2, a

and e) and give notice to the other heirs