In Re: Estate of Johnson G.R. No. 12767. November 16, 1918

Facts: On February 4, 1916, Emil H. Johnson, a native of Sweden and a naturalized citizen of the United States, died in the city of Manila. He left a will disposing an estate with an estimated amount of P231,800. The will was written in the testator’s own handwriting, and is signed by himself and two witnesses only, instead of three witnesses required by section 618 of the Code of Civil Procedure. This will, therefore, was not executed in conformity with the provisions of law generally applicable to wills executed by inhabitants of these Islands, and hence could not have been proved under section 618. On February 9, 1916, however, a petition was presented in the Court of First Instance of the city of Manila for the probate of this will, on the ground that 1) Johnson was, at the time of his death, a citizen of the State of Illinois, United States of America; 2) that the will was duly executed in accordance with the laws of that State; and hence could properly be probated here pursuant to section 636 of the Code of Civil Procedure. Petitioner alleged that the law is inapplicable to his father’s will

Issue: Whether or not there was deprivation of due process on the part of the petition

Held: No.

Ratio: Due publication was made pursuant to this order of the court through the three-week publication of the notice in Manila Daily Bulletin. The Supreme Court also asserted that in view of the statute concerned which reads as “A will made within the Philippine Islands by a citizen or subject of another state or country, which is executed in accordance with the law of the state or country of which he is a citizen or subject, and which might be proved and allowed by the law of his own state or country, may be proved, allowed, and recorded in the Philippine Islands, and shall have the same effect as if executed according to the laws of these Islands” the “state”, being not capitalized, does not mean that United States is excluded from the phrase (because during this time, Philippines was still a territory of the US).