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    Pcib V Escolin

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    Mary Anne
    This case involved the estate of Linnie Jane Hodges, a U.S. citizen from Texas who died while domiciled in the Philippines. Her will left her estate to her husband Charles, and then to her brother and sister if Charles died. Charles later died in the Philippines, and his will was found leaving the estate to another party. The Supreme Court remanded the case because both parties failed to prove what the law in Texas was regarding succession, as Linnie was an alien testator whose national law governed succession under the Philippine Civil Code. The Court held that Texas law was the applicable law since Linnie died domiciled outside of Texas, and what the Texas law states needs to be determined by

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    Pcib V Escolin

    Uploaded by

    Mary Anne
    60 views2 pages
    This case involved the estate of Linnie Jane Hodges, a U.S. citizen from Texas who died while domiciled in the Philippines. Her will left her estate to her husband Charles, and then to her brother and sister if Charles died. Charles later died in the Philippines, and his will was found leaving the estate to another party. The Supreme Court remanded the case because both parties failed to prove what the law in Texas was regarding succession, as Linnie was an alien testator whose national law governed succession under the Philippine Civil Code. The Court held that Texas law was the applicable law since Linnie died domiciled outside of Texas, and what the Texas law states needs to be determined by

    Original Title

    PCIB V ESCOLIN

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    This case involved the estate of Linnie Jane Hodges, a U.S. citizen from Texas who died while domiciled in the Philippines. Her will left her estate to her husband Charles, and then to her brother and sister if Charles died. Charles later died in the Philippines, and his will was found leaving the estate to another party. The Supreme Court remanded the case because both parties failed to prove what the law in Texas was regarding succession, as Linnie was an alien testator whose national law governed succession under the Philippine Civil Code. The Court held that Texas law was the applicable law since Linnie died domiciled outside of Texas, and what the Texas law states needs to be determined by

    Copyright:

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

    Pcib V Escolin

    Uploaded by

    Mary Anne
    This case involved the estate of Linnie Jane Hodges, a U.S. citizen from Texas who died while domiciled in the Philippines. Her will left her estate to her husband Charles, and then to her brother and sister if Charles died. Charles later died in the Philippines, and his will was found leaving the estate to another party. The Supreme Court remanded the case because both parties failed to prove what the law in Texas was regarding succession, as Linnie was an alien testator whose national law governed succession under the Philippine Civil Code. The Court held that Texas law was the applicable law since Linnie died domiciled outside of Texas, and what the Texas law states needs to be determined by

    Copyright:

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

    Philippine Commercial and Industrial Bank v.

    Escolin -

    Renvoi Doctrine is applied because both parties failed because


    both parties failed to prove Texas Law.

    FACTS:

    Linnie Jane Hodges, an American citizen from Texas, made a will in


    1952. Unfortunately, she passed away in 1957 while she was domiciled in
    Iloilo City. In her will, she left all her estate in favor of her husband, Charles
    Newton Hodges. Linnie, however, also stated in her will that should her
    husband later die, said estate shall be turned over to her brother and sister.

    In 1962, Charles died (it appears he was also domiciled in the


    Philippines). While the probate proceeding on the will of Linnie was pending,
    Atty. Leon Gellada, the lawyer of Charles, filed a motion before the probate
    court so that a certain Avelina Magno may be appointed as the administratrix
    of the estate. The latter was the trusted employee of the Hodges when they
    were alive.

    Atty. Gellada manifested that Charles himself left a will but the same
    was in an iron trunk in Charles’ office. Hence, in the meantime, he would like
    to have Magno appointed as administratrix. The said motion was approved by
    Judge Venicio Escolin.

    Later, Charles’ will was found and so a new petition for probate was
    filed for the said will. Since said will basically covers the same estate, Magno,
    as admininistratrix of Linnie’s estate opposed the said petition.

    Eventually, the probate of Charles’ will was granted. Eventually still,


    the Philippine Commercial and Industrial Bank was appointed as
    administrator. But Magno refused to turn over the estate.
    Magno contended that in her will, Linnie wanted Charles to turn over the
    property to Linnie’s brother and sister and since that is her will, the same must
    be respected.

    Magno also contended that Linnie was a Texan at the time of her
    death (an alien testator); that under Article 16 of the Civil Code, successional
    rights are governed by Linnie’s national law; that under Texas law, Linnie’s
    will shall be respected regardless of the presence of legitimes (Charles’ share
    in the estate).

    PCIB argued that the law of Texas refers the matter back to Philippine
    laws because Linnie was domiciled outside Texas at the time of her death
    (applying the renvoi doctrine).
    ISSUE:

    WON Texas Law should apply.

    HELD:

    YES. The Supreme Court remanded the case back to the lower court
    since both parties failed to adduce proof as to the law of Texas.

    The Supreme Court held that for what the Texas law is on the matter,
    is a question of fact to be resolved by the evidence that would be presented in
    the probate court. The Supreme Court further emphasized that Texas law is
    the applicable law at the time of Linnie’s death.

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