SC rules on wills validated abroad
THE Supreme Court ruled that a Regional Trial Court (RTC) has jurisdiction over wills that have already been validated in foreign courts. Supreme Court's Second Division Associate Justice Jhosep Lopez ruled that Cebu City RTC Branch 17 should act on a petition to determine the validity of a deceased American's will that had already been probated in a court in Hawaii. Court records said American Lynetta Sekiya of Honolulu, Hawaii, who passed away in 2017, left behind a will regarding her property in Cebu City valued at P896,000. The Circuit Court of the First Circuit in Hawaii has confirmed the will's legitimacy. Her daughter, Allison Sekiya, filed a petition in 2022 before the Municipal Trial Court in Cities (MTCC) in Cebu City, asking her mother's will be honored under Philippine law. The MTCC dismissed the petition, saying reprobate cases fall under the jurisdiction of the RTC as dictated by Rule 77, Section 1 of the Philippine Rules of Court. Allison refiled the petition before the Cebu City RTC. It, however, dismissed the case, arguing that Republic Act (RA) 11576, which amended Batas Pambansa 129 or the Judiciary Reorganization Act, now assigned probate matters involving estates worth P2,000,000 or less to first-level courts, such as the MTCC. The Supreme Court rejected the RTC ruling, noting that probate and reprobate proceedings were distinct cases governed by different legal standards. It said the power over wills already validated by a foreign court was vested upon the RTC, regardless of the value of the estate involved. The Supreme Court added that the passage of RA 11576, which redefined the jurisdiction of courts for probate cases based on the value of the estate, did not amend or supersede Rule 77, Section 1 of the Rules of Court, which specifically grants an RTC authority over reprobate cases.
Tomas Kauer - Moderator 
THE Supreme Court ruled that a Regional Trial Court (RTC) has jurisdiction over wills that have already been validated in foreign courts.
Supreme Court's Second Division Associate Justice Jhosep Lopez ruled that Cebu City RTC Branch 17 should act on a petition to determine the validity of a deceased American's will that had already been probated in a court in Hawaii.
Court records said American Lynetta Sekiya of Honolulu, Hawaii, who passed away in 2017, left behind a will regarding her property in Cebu City valued at P896,000.
The Circuit Court of the First Circuit in Hawaii has confirmed the will's legitimacy.
Her daughter, Allison Sekiya, filed a petition in 2022 before the Municipal Trial Court in Cities (MTCC) in Cebu City, asking her mother's will be honored under Philippine law.
The MTCC dismissed the petition, saying reprobate cases fall under the jurisdiction of the RTC as dictated by Rule 77, Section 1 of the Philippine Rules of Court.
Allison refiled the petition before the Cebu City RTC. It, however, dismissed the case, arguing that Republic Act (RA) 11576, which amended Batas Pambansa 129 or the Judiciary Reorganization Act, now assigned probate matters involving estates worth P2,000,000 or less to first-level courts, such as the MTCC.
The Supreme Court rejected the RTC ruling, noting that probate and reprobate proceedings were distinct cases governed by different legal standards.
It said the power over wills already validated by a foreign court was vested upon the RTC, regardless of the value of the estate involved.
The Supreme Court added that the passage of RA 11576, which redefined the jurisdiction of courts for probate cases based on the value of the estate, did not amend or supersede Rule 77, Section 1 of the Rules of Court, which specifically grants an RTC authority over reprobate cases.
