November 10, 2024

Wills validated abroad may reprobated here and RTC has jurisdiction in such cases.

By: Atty. Vanessa G. Fermil-Cervantes

In the recent case of In Re: Petition for the Allowance of Will Proved Outside of the Philippines and Administration of Estate under Rule 77 of the Rules of Court, Allison Lynn Akana, G.R. No. 269883, May 13, 2024, the Supreme Court held that wills probated abroad may be reprobated in the Philippines and it is the RTC which has jurisdiction over such reprobation.

In the said case, petitioner Allison Lynn Akana (Allison) is the personal representative of the late Lynetta Jatico Sekiya (Lynetta) who was an American citizen residing in Honolulu, Hawaii, United States of America. Lynetta died on February 13, 2017 and her last will and testament was admitted to probate by the court of the State of Hawaii.
Among the properties of Lynetta is a parcel of land located in Cebu City. As such, Allison filed a Petition for Allowance of a Will Proved Outside of the Philippines and Administration of Estate under Rule 77 of the Rules before the Municipal Trial Court in Cities (MTCC). But MTCC dismissed the petition on the ground that it has no jurisdiction over the petition since allowance of wills is under the jurisdiction of the Regional Trial Court (RTC). Thereafter, Allison filed the same petition before the RTC. However, the RTC also dismissed the petition for lack of jurisdiction because according to the RTC, the property of Lynetta in Cebu only valued not exceeding P2,000,000.00 and per B.P. Blg. 129 in relation to R.A. No. 11576, the jurisdiction is with the MTC. Allison moved for the reconsideration of the decision of the RTC but the same was denied. Hence, Allison filed a Petition for Review on Certiorari before the High Court.

The Supreme Court found the petition of Allison meritorious and held that jurisdiction over reprobate proceedings lies with the RTC. Reprobate is a special proceeding to establish the validity of a will proved in a foreign country and is specifically governed by Rule 77 of the Rules of Court. Section 1 provides that jurisdiction over petition for reprobate lies with the CFR, i.e., the RTC.