Aznar vs. Christensen Garcia, Said Doctrine Is Usually

EN BANC The oppositors-appellants appealed to this Court to raise the
issue of which law must apply — Texas law or Philippine law.

[G.R. No. L-23678. June 6, 1967.]
Issue: WON the Texas Law or the Philippine Law must apply.
TESTATE ESTATE OF AMOS G. BELLIS, deceased, The Texas Law on legitimes should be applied.
PEOPLE'S BANK & TRUST COMPANY, executor, MARIA
CRISTINA BELLIS and MIRIAM PALMA Ruling: The doctrine of renvoi, applied by this Court in
BELLIS, oppositors-appellants, vs. EDWARD A. BELLIS, ET Aznar vs. Christensen Garcia, Said doctrine is usually
AL., heirs-appellees. pertinent where the decedent is a national of one country,
and a domicile of another.
Facts: Amos G. Bellis, born in Texas, was "a citizen of the
State of Texas and of the United States." By his first wife, In the present case, it is not disputed that the decedent was
Mary E. Mallen, whom he divorced, he had five legitimate both a national of Texas and a domicile thereof at the time of
children; by his second wife, Violet Kennedy, who survived his death. So that even assuming Texas has a conflict of law
him, he had three legitimate children and finally, he had three rule providing that the domiciliary system (law of the
illegitimate children. domicile) should govern, the same would not result in a
reference back (renvoi) to Philippine lawlaw butuld still refer
Amos G. Bellis executed a will in the Philippines, in which he to Texas law.
directed that after all taxes, obligations, and expenses of
administration are paid for, his distributable estate should be Nonetheless, if Texas has a conflict of law rule adopting the
divided, in trust, in the following order and manner: situs theory (lex rei sitae) calling for the application of the law
of the place where the properties are situated, renvoi would
(a) $240,000.00 to his first wife, Mary E. Mallen; arise, since the properties here involved are found in the
(b) P120,000.00 to his three illegitimate children, and Philippines. In the absence, however, of proof as to the
(c) after the foregoing two items have been satisfied, the conflict of law rule of Texas, it should not be presumed
remainder shall go to his seven surviving children by his different from ours. Appellants' position is therefore not
first and second wives. rested on the doctrine of renvoi. As stated, they never
invoked nor even mentioned it in their arguments. Rather,
Subsequently, Amos G. Bellis died, a resident of San Antonio,
they argue that their case falls under the circumstances
Texas, U.S.A. His will was admitted to probate in the Court of
mentioned in the third paragraph of Article 17 in relation to
First Instance of Manila.
Article 16 of the Civil Code.
The People's Bank and Trust Company, as executor of the
Article 16, par. 2, and Art. 1039 of the Civil Code, render
will, paid all the bequests therein including the amount in the
applicable the national law of the decedent, in intestate or
form of shares of stock to Mary E. Mallen and to the three (3)
testamentary successions, with regard to four items:
illegitimate children, various amounts each in satisfaction of
their respective legacies, or a total of P120,000.00, which it (a) the order of succession;
released from time to time approved and allowed the various (b) the amount of successional rights;
motions or petitions filed by the latter three requesting partial (c) the intrinsic validity of the provisions of the will; and
advances on account of their respective legacies. (d) the capacity to succeed. They provide that —
Preparatory to closing its administration, the executor "Art 16. Real property as well as personal property is subject
submitted and filed its "Executor's Final Account, Report of to the law of the country where it is situated.
Administration and Project of Partition" wherein it
reported, inter alia, the satisfaction of the legacy of Mary E. "However", intestate and testamentary successions, both with
Mallen by the delivery to her of shares of stock amounting, respect to the order of succession and to the amount of
and the legacies of Amos Bellis, Jr., Maria Cristina Bellis and successional rights and to the intrinsic validity of
Miriam Palma Bellis. In the project of partition, the executor testamentary provisions, shall be regulated by the national
— pursuant to the "Twelfth" clause of the testator's Last Will law of the person whose succession is under consideration,
and Testament — divided the residuary estate into seven whatever may be the nature of the property and regardless of
equal portions for the benefit of the testator's seven the country wherein said property may be found."
legitimate children by his first and second marriages.
"Art. 1039. Capacity to succeed is governed by the law of the
Maria Cristina Bellis and Miriam Palma Bellis filed their nation of the decedent."
respective oppositions to the project of partition on the
ground that they were deprived of their legitimes as Appellants would however counter that Article 17, paragraph
illegitimate children and, therefore, compulsory heirs of the three, of the Civil Code, stating that —
deceased.
"Prohibitive laws concerning persons, their acts or
Amos Bellis, Jr. interposed no opposition despite notice to property, and those which have for their object
him, proof of service of which is evidenced by the registry public order, public policy and good customs shall
receipt submitted by the executor. not be rendered ineffective by laws, or judgments
promulgated, or by determinations or conventions
The lower court, issued an order overruling the oppositions agreed upon in a foreign country."
and approving the executor's final account, report and
administration and project of partition. Relying upon Art. 16
of the Civil Code, it applied the national law of the decedent,
which in this case is Texas law, which did not provide for
legitimes.
It prevails as the exception to Art. 16, par. 2 of the Civil Code
aforequoted. This is not correct. Precisely, Congress deleted
the phrase, "notwithstanding the provisions of this and the
next preceding article" when they incorporated Art. 11 of the
old Civil Code as Art. 17 of the new Civil Code, while
reproducing without substantial change the second paragraph
of Art. 10 of the old Civil Code as Art. 16 in the new.
It must have been their purpose to make the second

paragraph of Art. 16 a specific provision in itself which must
be applied in testate and intestate successions. As further
indication of this legislative intent, Congress added a new
provision, under Art. 1039, which decrees that capacity to
succeed is to be governed by the national law of the
decedent.
It is therefore evident that whatever public policy or good

customs may be involved in our system of legitimes,
Congress has not intended to extend the same to the
succession of foreign nationals. For it has specifically chosen
to leave, inter alia, the amount of successional rights, to the
decedent's national Law. Specific provisions must prevail over
general ones.
2 Wills Executed
Appellants would also point out that the decedent executed
two wills — one to govern his Texas estate and the other his
Philippine estate — arguing from this that he intended
Philippine law to govern his Philippine estate.
Assuming that such was the decedent's intention in executing

a separate Philippine will, it would not alter the law, for as
this Court ruled in Miciano vs. Brimo, a provision in a
foreigner's will to the effect that his properties shall be
distributed in accordance with Philippine law and not with his
national law, is illegal and void, for his national law cannot
be ignored in regard to those matters that Article 10 — now
Article 16 — of the Civil Code states said national law should
govern.
The parties admit that the decedent, Amos G. Bellis, was a

citizen of the State of Texas, U.S.A., and that under the laws
of Texas, there are no forced heirs or legitimes. Accordingly,
since the intrinsic validity of the provision of the will and the
amount of successional rights are to be determined under
Texas law, the Philippine law on legitimes cannot be applied
to the testacy of Amos G. Bellis.

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EN BANC The oppositors-appellants appealed to this Court to raise the

issue of which law must apply — Texas law or Philippine law.

It must have been their purpose to make the second

It is therefore evident that whatever public policy or good

Assuming that such was the decedent's intention in executing

The parties admit that the decedent, Amos G. Bellis, was a

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