AZNAR vs GARCIA 7 SCRA 95

Facts:
Edward Christensen is a citizen of the State of California and domiciled in the
Philippines. He executed in his will acknowledging his natural daughter Maria Lucy Christensen
as sole heir but left a legacy of some money in favor of Helen Christensen Garcia who is declared
by the Supreme Court in its decision as acknowledged natural daughter of Edward C. Counsel of
Helen asserts that her claim must be increased in view of the successional rights of illegitimate
children under Phil. law. Counsel of Maria insists that Art. 16 (2) provides that the NATIONAL
LAW OF THE PERSON applies in intestate and testamentary successions and since Edward C. is
a citizen of CA, its law should be applied. Lower court ruled that CA law should be applied thus
this petition for review.

Issue:

What law should be applicable Philippine or California Law?

Ruling:

The court refers to Art. 16 (2) providing that intestate and testamentary successions with respect to
order of succession and amt. of successional right is regulated by the NATIONAL LAW OF THE
PERSON.

California Probate Code provides that a testator may dispose of his property in the form and
manner he desires.

Art. 946 of the Civil Code of California provides that if no law on the contrary, the place where
the personal property is situated is deemed to follow the person of its owner and is governed by
the LAW OF HIS DOMICILE.

These provisions are cases when the Doctrine of Renvoi may be applied where the question of
validity of the testamentary provision in question is referred back to the decedents domicile the
Philippines.

S.C. noted the California law provides 2 sets of laws for its citizens: One for residents therein as
provided by the CA Probate Code and another for citizens domiciled in other countries as
provided by Art. 946 of the Civil Code of California.

The conflicts of law rule in CA (Art. 946) authorize the return of question of law to the testators
domicile. The court must apply its own rule in the Philippines as directed in the conflicts of law
rule in CA, otherwise the case/issue will not be resolved if the issue is referred back and forth
between 2 states.

The SC reversed the lower courts decision and remanded the case back to it for decision with an
instruction that partition be made applying the Philippine law.