Case 17: Ancheta vs.

Guersey-Dalaygon,

GR No. 139868 June 8, 2006

FACTS:

2 American citizens have resided in the Philippines. They have an adopted daughter. The wife
died and left a will where she left her entire estate to her husband. 2 years after the wife's death,
the husband married a Candelaria. 4 years after, Richard died and left a will where he left his
entire estate to Candelaria except for some of his shares in a company which he left to his
adopted daughter. Audreys will was admitted to probate in CFI Rizal. Inventory was taken on
their conjugal properties. Ancheta, as the administrator, filed for a partition of the first wife's
estate. The will was also admitted in a court in her native land (Maryland).

ISSUE:

Whether or not the properties in issue should be governed by the law where the property is
situated

RULING:

Yes, properties in issue should be governed by the law where the property is situated. However,
since the first wife is a foreign national, the intrinsic validity of her will is governed by her
national law. The national law of the person who made the will shall regulate whose succession
is in consideration whatever the nature of the property and regardless of the country where the
property maybe found (Art 16 CC). The first wife's properties may be found in the Philipppines,
however the successional rights over those properties are governed by the national law of the
testator.