FACTS:
Amos Bellis was a citizen of Texas. He had 5 legitimate children on his 1st
wife whom he divorced. On his 2nd wife, he had 3 legitimate children; and 3
illegitimate children. On August 5, 1952, Amos G. Bellis executed a will in the
Philippines where he disposed his properties in the following manner: (a)
$240,000.00 to his first wife, Mary E. Mallen; (b) P120,000.00 to his three
illegitimate children, Amos Bellis, Jr., Maria Cristina Bellis, Miriam Palma
Bellis, or P40,000.00 each and (c) after the foregoing two items have been
satisfied, the remainder shall go to his seven surviving children by his first
and second wives. Subsequently, Amos G. Bellis died a resident of San Antonio,
Texas, U.S.A. The executor of the will then submitted a proposed project of
partition. Maria Cristina Bellis and Miriam Palma Bellis filed their respective
oppositions to the project of partition on the ground that they were deprived
of their legitimes as illegitimate children and, therefore, compulsory heirs of
the deceased.
ISSUE:
W/N the national law of the deceased should determine the successional rights
of the illegitimate children
HELD:
Yes. The illegitimate children are not entitled to their legitimes under Texas
Law, being the national law of the deceased.
Article
16, par. 2, and Art. 1039 of the Civil Code, render applicable the national law
of the decedent, in intestate or testamentary successions, with regard to four
items: (a) the order of succession; (b) the amount of successional rights; (e)
the intrinsic validity of the provisions of the will; and (d) the capacity to
succeed. They provide that —
ART. 16. Real
property as well as personal property is subject to the law of the country
where it is situated.
However,
intestate and testamentary successions, both with respect to the order of
succession and to the amount of successional rights and to the intrinsic
validity of testamentary provisions, shall be regulated by the national law of
the person whose succession is under consideration, whatever may be the nature
of the property and regardless of the country wherein said property may be
found.
ART. 1039.
Capacity to succeed is governed by the law of the nation of the decedent.
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