Kucskar v. Sekito, Jr., G.R. No. 237449, [December 2, 2020]

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Kucskar v. Sekito, Jr.

 G.R. No. 237449, [December 2, 2020]

THIRD, LOPEZ, M.

 

Succession; Wills; Probate of Foreigner's Will; Doctrine of Processual Presumption 

A foreign will to be considered for probate in the Philippines, it must comply with the formalities prescribed by the law of the place where it was executed or with Philippine laws. the doctrine of "processual presumption," stating that the party invoking a foreign law has the burden of proving it, and the foreign law must be properly pleaded and proved. In the absence of proof of the foreign law's content, the presumption is that the foreign law is the same as Philippine law.

 

Aida A. Bambao, a naturalized American citizen, executed a Last Will and Testament (will) in California on October 28, 1999. In the will, she nominated her cousin, Cosme B. Sekito, Jr., as a special independent executor over her assets located in the Philippines. Aida passed away on February 5, 2000, in Long Beach, California. Cosme filed a Petition for the Allowance of Will before the Regional Trial Court (RTC) of Pasig City. Linda A. Kucskar, Aida's sister and one of the heirs, opposed the petition, claiming expenses for Aida's adopted minor child, Elsa Bambao.

 

Whether or not Aida's will, executed in California, meets the formalities required for its probate in the Philippines. 

NO. The Court, in remanding the case, held that Aida's will failed to comply with the legal formalities required for its probate in the Philippines. Philippine laws do not prohibit the probate of wills executed by foreigners abroad, but such wills must conform to the formalities prescribed by the law of the place of execution or Philippine laws. Aida's will, executed in California, should have been examined based on California law. However, the petitioner failed to present a copy of the pertinent California law as required by the rules. 

The Court emphasized that the doctrine of "processual presumption" applies, and foreign laws must be pleaded and proven in accordance with the Rules of Court. The will did not meet the requirements for acknowledgment and attestation under Philippine law. Even if the substantial compliance rule was applied to the attestation clause, it could not remedy the lack of acknowledgment. The living trust presented by the proponent did not fill the void, and Linda's failure to object during the probate proceedings did not relieve the proponent from establishing compliance with legal formalities. The case was remanded to the RTC for compliance with the rules on proving foreign laws.

 

 

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GOZUM V. PAPPAS [G.R. No. 197147, February 3, 2021]

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GOZUM V. PAPPAS

G.R. No. 197147 (Resolution), [February 3, 2021]

SECOND DIVISION, LOPEZ, M.V

 

Succession; Wills; Letters of administration; Special Administrator 

An alien can be appointed as administrator of an estate. The Rules of Court require residency in the Philippines for administrators, not Filipino citizenship.

 

In December 1993, Edmundo Cea passed away without a will. He left behind his wife Gloria Novelo and their children. A dispute emerged regarding the administration of his estate. Later, Gloria also died, leaving a will naming Salvio Fortuno as the executor. Salvio sought the probate of Gloria's will and was appointed as a special administrator for her estate. Norma, another child of Edmundo and Gloria, opposed this and sought her appointment as administrator. The cases were consolidated, and Norma was appointed as administratrix for Edmundo's estate after removal of Salvio, the original administrator, for perceived neglect of duties. Later, Norma was also appointed as special administrator for Gloria's estate. 

This present petition raised the propriety of the issuance of new letters of special administration in favor of Norma in lieu of Salvio involving Gloria's estate. Diana and Salvio challenged Norma's status as administratrix for being an American Citizen.

  

Whether Norma, an American citizen, be appointed as administrator of the estates.

YES. Norma could be appointed as administrator despite her American citizenship. The Rules of Court require residency in the Philippines for administrators, not Filipino citizenship. Records show that she has been residing at Canaman, Camarines Sur since her return sometime in 2003. The court ruled that Norma's appointment was reasonable and valid, given her residence in the Philippines.

 

Whether the appointment of Norma as special administrator reasonable,  and was Salvio's removal justified.

YES. The removal was justified as court determines Salvio unfit to be a special administrator for Gloria's estate given his earlier abandonment of duties as an administrator of Edmundo's estate.

The court justified Norma's appointment as special administrator for Gloria's estate due to her familiarity with the assets and the need to divide the conjugal properties. The Court found it logical, practical, and economical to appoint Norma as special administratrix of Gloria's estate. After all, she was already appointed as administratrix of Edmundo's estate and that the conjugal properties of Edmundo and Gloria remained undivided. With this setup, she could better facilitate the requisite division of the estates.

 

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