BELLIS vs BELLIS 20 SCRA 358 G.R. No. L-23678, June 6, 1967

FACTS:

Amos Bellis, a US citizen, died a resident of Texas. He left two wills -- one devising a certain amount of money to his first wife and three illegitimate children and another, leaving the rest of his estate to his seven legitimate children. Before partition, the illegitimate children who are Filipinos opposed on the ground that they are deprived of their legitimes.

ISSUE:

Whether the applicable law is Texas law or Philippine laws





HELD:

Applying the nationality rule, the law of Texas should govern the intrinsic validity of the will and therefore answer the question on entitlement to legitimes. But since the law of Texas was never proven, the doctrine of processual presumption was applied. Hence, SC assumed that Texas law is the same as Philippine laws, which upholds the nationality rule. Renvoi doctrine is not applicable because there is no conflict as to the nationality and domicile of Bellis. He is both a citizen and a resident of Texas. So even if assuming the law of Texas applies the domiciliary rule, it is still Texas law that governs because his domicile is Texas.