Probate of Will of the late William R. Giberson, G.R. No. L-4113, June 30, 1952.

20 Jul



Lela G. Dalton presented on February 10, 1949 an application with the Court of First Instance of Cebu for the probate of the holographic will of William R. Giberson, a citizen of the State of Illinois, United States, dated April 29, 1920 in San Francisco, California. Spring Giberson, legitimate son of William R. Giberson, presented an opposition alleging that the will is apocrypha (with questionable authenticity), it does not represent the true will of the late Giberson, and has not been granted according to the law.



Whether the wills executed outside the Philippines may be probated without being first probated in the country of its execution.



YES.  Section 635 of the Code of Civil Procedure stating that “a will made out of the Philippine Islands… may be proved, allowed, and recorded in the Philippine Islands, and shall have the same effect as if executed according to the laws of these Islands” is still in force and has not been abrogated by Rule 78 of the Rules of Court. Here, the will of William Giberson need not be probated first in the State of Illinois, USA before it may be probated here in the Philippines. The Court opined that Section 635 of the Code of Civil Procedure is substantive in nature and therefore could not have been repealed by the Rules of Court which are only procedural in nature.


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