G.R. No. L-16749, January 31, 1963

FACTS:

Edward E. Christensen was a citizen of the United States and of the State of California but was domiciled in the Philippines at the time of his death. In accordance with the provisions of the will of the testator,  the estate shall be  distributed, which provides Php 3,600 be given to HELEN Christensen and the rest of his estate to his daughter LUCY Christensen. 

Helen filed an opposition insofar as it deprives her of her legitime as an acknowledged natural child under the laws of the Philippines. She insisted that Article 946, California Civil Code should be applicable following the doctrine of renvoi – “if there is no law to the contrary in the place where personal property is situated, it is deemed to follow the decree of its owner and is governed by the law of the domicile”.

G.R. No. L-22595, November 1, 1927

FACTS:

Joseph G. Brimo, a Turkish citizen,  executed a will which provided that his properties be disposed of in accordance with the laws in force in the Philippines. There is also a condition that, if any legatee who must disrespect the will , as expressed, is prevented from receiving his legacy.

Andre Brimo, one of the brothers of the deceased, opposed on the basis that the partition in question puts into effect the provisions of Joseph G. Brimo’s will which are not in accordance with the laws of his Turkish nationality, for which reason they are void as being in violation of article 10 of the Civil Code (now Article 16(2) ) . 

However, no evidence in the record that the national law of the testator was violated in the testamentary dispositions in question which, not being contrary to our laws in force, must be complied with.

G.R. No. L-23678, June 6, 1967

FACTS:

Amos G. Bellis was a citizen and resident of Texas at the time of his death. He executed a will in the Philippines, that a portion of his distributable asset amounting should be divided, in the following order and manner: 

1. $240,000.00 to his first wife, Mary E. Mallen; 
2. P120,000.00 to his three illegitimate children, Amos Bellis, Jr., Maria Cristina Bellis, Miriam Palma Bellis, or P40,000.00 each and
3. The remainder shall go to his seven surviving children by his first and second wife.

Maria Cristina and Miriam filed their oppositions to the partition on the ground that they were deprived of their legitimes as illegitimate children and, therefore, compulsory heirs of the deceased..

The lower court, under Art. 16 of the Civil Code, applied the national law of the decedent, which in this case is Texas law, which did not provide for legitimes.