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    PCIB Vs Escolin Digest

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    samontedianne
    In November 1952, Linnie Jane Hodges, an American citizen from Texas, made a will leaving her entire estate to her husband Charles Newton Hodges if he survived her. Linnie died in 1957 while domiciled in the Philippines. In 1962, Charles died also domiciled in the Philippines. A dispute arose over whether Linnie's estate should pass according to her will or according to Charles' later will. The Supreme Court remanded the case back to the lower court to determine what the law of Texas was at the time of Linnie's death regarding inheritance by alien testators domiciled abroad since that law was applicable.

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    PCIB Vs Escolin Digest

    Uploaded by

    samontedianne
    90 views3 pages
    In November 1952, Linnie Jane Hodges, an American citizen from Texas, made a will leaving her entire estate to her husband Charles Newton Hodges if he survived her. Linnie died in 1957 while domiciled in the Philippines. In 1962, Charles died also domiciled in the Philippines. A dispute arose over whether Linnie's estate should pass according to her will or according to Charles' later will. The Supreme Court remanded the case back to the lower court to determine what the law of Texas was at the time of Linnie's death regarding inheritance by alien testators domiciled abroad since that law was applicable.

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    succession

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    PCIB vs Escolin digest

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    In November 1952, Linnie Jane Hodges, an American citizen from Texas, made a will leaving her entire estate to her husband Charles Newton Hodges if he survived her. Linnie died in 1957 while domiciled in the Philippines. In 1962, Charles died also domiciled in the Philippines. A dispute arose over whether Linnie's estate should pass according to her will or according to Charles' later will. The Supreme Court remanded the case back to the lower court to determine what the law of Texas was at the time of Linnie's death regarding inheritance by alien testators domiciled abroad since that law was applicable.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    90 views3 pages

    PCIB Vs Escolin Digest

    Uploaded by

    samontedianne
    In November 1952, Linnie Jane Hodges, an American citizen from Texas, made a will leaving her entire estate to her husband Charles Newton Hodges if he survived her. Linnie died in 1957 while domiciled in the Philippines. In 1962, Charles died also domiciled in the Philippines. A dispute arose over whether Linnie's estate should pass according to her will or according to Charles' later will. The Supreme Court remanded the case back to the lower court to determine what the law of Texas was at the time of Linnie's death regarding inheritance by alien testators domiciled abroad since that law was applicable.

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    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
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    of 3

    PHILIPPINE COMMERCIAL AND INDUSTRIAL BANK, Administrator of the Testate Estate of

    Charles Newton Hodges (Sp. Proc. No. 1672 of the Court of First Instance of Iloilo),  petitioner, 
    vs.
    THE HONORABLE VENICIO ESCOLIN, Presiding Judge of the Court of First Instance of Iloilo,
    Branch II, and AVELINA A. MAGNO, respondents.

    G.R. Nos. L-27936 & L-27937 March 29, 1974

    TESTATE ESTATE OF THE LATE LINNIE JANE HODGES (Sp. Proc. No. 1307). TESTATE
    ESTATE OF THE LATE CHARLES NEWTON HODGES (Sp. Proc. No. 1672). PHILIPPINE
    COMMERCIAL AND INDUSTRIAL BANK, administrator-appellant, 
    vs.

    LORENZO CARLES, JOSE PABLICO, ALFREDO CATEDRAL, SALVADOR GUZMAN,


    BELCESAR CAUSING, FLORENIA BARRIDO, PURIFICACION CORONADO, GRACIANO
    LUCERO, ARITEO THOMAS JAMIR, MELQUIADES BATISANAN, PEPITO IYULORES,
    ESPERIDION PARTISALA, WINIFREDO ESPADA, ROSARIO ALINGASA, ADELFA
    PREMAYLON, SANTIAGO PACAONSIS, and AVELINA A. MAGNO, the last as Administratrix in
    Sp. Proc. No. 1307, appellees, WESTERN INSTITUTE OF TECHNOLOGY, INC., movant-
    appellee.

    FACTS:
    In November 1952, Linnie Jane Hodges, an American citizen from
    Texas made a will. In May 1957, while she was domiciled here in
    the Philippines (Iloilo City), she died. 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 December 1962, Charles died (it appears he was also


    domiciled here). Atty. Leon Gellada, the lawyer of Charles filed a
    motion before the probate court (there was an ongoing probate on
    the will of Linnie) so that a certain Avelina Magno may be
    appointed as the administratrix of the estate. Magno 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’d like to have Magno appointed as administratrix. Judge
    Venicio Escolin approved the motion.
    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. Still,l 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: 
    Whether or not Texas Law should apply.
    HELD: 
    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
    however emphasized that Texas law at the time of Linnie’s death
    is the law applicable and not said law at any other time.

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