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In the matter of the petition to approve the will of Luz Gaspe Lipson and issuance of letters testamentary, Roel P. Gaspi Vs. Honorable Judge Maria Clarissa L. Pacis-Trinidad, Regional Trial Court, Branch 36, Iriga City

IN THE MATTER OF THE PETITION TO APPROVE THE WILL OF LUZ GASPE LIPSON AND ISSUANCE OF LETTERS TESTAMENTARY, ROEL P. GASPI, PETITIONER, VS. HONORABLE JUDGE MARIA CLARISSA L. PACIS-TRINIDAD, REGIONAL TRIAL COURT, BRANCH 36, IRIGA CITY,* RESPONDENT.

G.R. No. 229010 | 2020-11-23

THIRD DIVISION
 
DECISION
 
LEONEN, J.:
 
The nationality principle is not applied when determining the extrinsic validity of an alien's last will and testament. When it comes to the probate of an alien's will, whether executed here or abroad, the alien's national law may be pleaded and proved before the probate court. Otherwise, Philippine law will govern by default.

This Court resolves a Petition[1] for review on certiorari under Rule 45 of the Rules of Court, assailing the October 6, 2016[2] and November 16, 2016[3] Orders of the Regional Trial Court of Iriga City, Branch 36, which motu proprio...