Scribd Logo
Upload

Welcome to Scribd!

  • 70 views

    PCIB Vs Escolin

    Uploaded by

    Keisha Yna V. Ramirez
    This case discusses the estate of Charles and Linnie Jane Hodges, a married couple from Texas. Upon their deaths, there was a dispute between the administrator appointed by Philippine Commercial and Industrial Bank (PCIB) and the administratrix appointed to represent the brothers and sisters of Linnie Jane Hodges over the share of the conjugal estate that Linnie Jane was entitled to bequeath under her will. [PCIB argued that under Philippine law Linnie Jane's share was less than 1/2, while the administratrix argued that under Texas law her share was at least 1/2.] The court ruled that as PCIB admitted Linnie Jane's estate was at least 1/3 under Texas

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    PCIB Vs Escolin

    Uploaded by

    Keisha Yna V. Ramirez
    70 views2 pages
    This case discusses the estate of Charles and Linnie Jane Hodges, a married couple from Texas. Upon their deaths, there was a dispute between the administrator appointed by Philippine Commercial and Industrial Bank (PCIB) and the administratrix appointed to represent the brothers and sisters of Linnie Jane Hodges over the share of the conjugal estate that Linnie Jane was entitled to bequeath under her will. [PCIB argued that under Philippine law Linnie Jane's share was less than 1/2, while the administratrix argued that under Texas law her share was at least 1/2.] The court ruled that as PCIB admitted Linnie Jane's estate was at least 1/3 under Texas

    Original Description:

    EVIDENCE

    Original Title

    PCIB vs Escolin.docx

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This case discusses the estate of Charles and Linnie Jane Hodges, a married couple from Texas. Upon their deaths, there was a dispute between the administrator appointed by Philippine Commercial and Industrial Bank (PCIB) and the administratrix appointed to represent the brothers and sisters of Linnie Jane Hodges over the share of the conjugal estate that Linnie Jane was entitled to bequeath under her will. [PCIB argued that under Philippine law Linnie Jane's share was less than 1/2, while the administratrix argued that under Texas law her share was at least 1/2.] The court ruled that as PCIB admitted Linnie Jane's estate was at least 1/3 under Texas

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    70 views2 pages

    PCIB Vs Escolin

    Uploaded by

    Keisha Yna V. Ramirez
    This case discusses the estate of Charles and Linnie Jane Hodges, a married couple from Texas. Upon their deaths, there was a dispute between the administrator appointed by Philippine Commercial and Industrial Bank (PCIB) and the administratrix appointed to represent the brothers and sisters of Linnie Jane Hodges over the share of the conjugal estate that Linnie Jane was entitled to bequeath under her will. [PCIB argued that under Philippine law Linnie Jane's share was less than 1/2, while the administratrix argued that under Texas law her share was at least 1/2.] The court ruled that as PCIB admitted Linnie Jane's estate was at least 1/3 under Texas

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    PHILIPPINE COMMERCIAL AND INDUSTRIAL BANK (PCIB) V.

    ESCOLIN
    GR 27936, March 29, 1974

    Doctrine

    Foreign law treated as a QUESTION OF FACT to be properly pleaded and proved in


    conformity with the law of evidence of the state where it is presented.

    Facts

    Charles and Linnie Jane Hodges (husband and wife) provided mutually in their respective
    will a provision wherein they would give all their estate to the surviving spouse, and
    upon the death of the surviving spouse, the remainder of what has been inherited by the
    surviving spouse from the earlier deceased spouse would be bequeathed to the brothers
    and sisters of the later deceased.

    Mrs. Hodges died first. Mr. Hodges was appointed special administrator and later
    executor of the will. No liquidation was made.Upon death of Mr. Hodges, Magno was
    appointed Administratix of Mrs. Hodges estate and was initially also Mr. Hodges' estate
    but PCIB took over. Probate proceedings for both estate initiated, the two
    administrators (PCIB and Magno) differed in the alleged share of Mrs. Hodges in their
    conjugal partnership property that she could have bequeathed to her heirs.

    PCIB Magno
    The estate left by Mrs. Hodges < 1/2 of Texas law applicable, wherein no system of
    her share in the conjugal estate (Apply legitime provided so estate of Mrs. Hodges
    Philippine law), notwithstanding Art16 could not be less than her share or (?) >1/2
    of our Civil code which mandates the
    application of Texas law, Mr.Hodges
    being a citizen of Texas

    There was also an allegation on the part of Magno (for the brothers and sisters of Mrs.
    Hodges) that Mr. Hodges made a renunciation of the inheritance in a manifestation to
    the US inheritance tax authorities (probably to escape inheritance tax liabilities), which
    was allegedly ratified by the heirs in the Philippines.There is no proof yet of what Texas
    law is, but PCIB allegedly averred that under the laws of Texas (although it was arguing
    that RP laws apply), there is such legitime of 1/4 of the said conjugal estate

    Issue
    Whether or not Texas law is applicable in this case.

    Ruling

    It is now beyond controversy that whatever be the provisions of Texas Law applicable,
    the estate of Mrs. Hodges is AT LEAST 1/4 OF THE CONJUGAL ESTATE OF THE SPOUSES
    Existence and effects of foreign laws being questions of fact, and it being the position
    now of PCIB that the estate of Mrs. Hodges, pursuant to the law of Texas, should only be
    1/3 of the conjugal estate, such contention constitutes and admission of fact, and
    consequently, it would be in estoppel in any further proceedings in these cases to claim
    that said estate could be less, irrespective of what might be proven later to be the actual
    provisions of Texas law. It is then held that Mrs. Hodge’s estate cannon be less than ¼ of
    the CPP finding that no evidence yet of the existence of such Texas laws. It is a rule that
    foreign laws may not be taken judicial notice of and have to be proven like any other fact
    in dispute between the parties in any proceeding, with the rare exceptional n instances
    when the said laws are already within the actual knowledge of the court, such as when
    they are well and generally known, or they have been actually ruled upon in other cases
    before it and none of the parties concerned claim otherwise.

    You might also like

    pFad - Phonifier reborn

    Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

    Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


    Alternative Proxies:

    Alternative Proxy

    pFad Proxy

    pFad v3 Proxy

    pFad v4 Proxy