ANCHETA vs GUERSEY-DALAYGON FACTS: Spouses Audrey ONeil and W.

Richard Guersey were American Citizens with an adopted daughter named Kylie Guersey Hill, and have lived in the Philippines for 30 years. Audrey died leaving a will bequeathing her entire estate to Richard, who was also designated as executor. The will was admitted probate before the Orphans Court of Baltimore, Mary Land, U.S.A. which named James N. Philips as executor due to Richards renunciation of his appointment. Atty. Alonzo Q. Ancheta, herein petitioner, of the Quasha Asperilla Ancheta Pena & Nolasco Law offices was likewise designated by the court as ancillary administrator. In 1981 Richard married herein respondent Candelaria Guersey-Dalaygon with whom he has two children. Subsequently, Audreys will was admitted probate by then Court of First Instance of Rizal. As administrator of Audreys estate in the Philippines, petitioner filed an inventory and appraisal of Audreys properties. On July 20, 1984, Richard died, leaving a will, wherein he bequeathed his entire estate to respondent, save for his rights and interests over the A/G Interiors, Inc. shares, which he left to Kyle. The will was also admitted to probate by the Orphans Court of Ann Arundel, Maryland, U.S.A, and James N. Phillips was likewise appointed as executor, who in turn, designated Atty. William Quasha or any member of the Quasha Asperilla Ancheta Pena & Nolasco Law Offices, as ancillary administrator. On October 19, 1987, petitioner filed in Special Proceeding No.9625 before the Makati RTC, a motion to declare Richard and Kyle as heirs of Aubrey and apportioned to them and of all the estate, respectively. This motion and project of partition was granted and approved by the trial court in its Order dated February 12, 1988. This was opposed by respondent on the ground that under the law of the State of Maryland, a legacy passes to the legatee the entire interest of the testator in the property subject of the legacy. Respondent argued that since Audrey devised her entire estate to Richard, then it should be wholly adjudicated to him and not merely thereof, and since Richard left his entire estate to the respondent, except for the A/G Interior Inc. shares, then the entire property should now pertain to respondent. The Court of Appeals annulled the trial courts Orders in Speacial Proceeding No. 9625 and later denied the appeal of the petitioner, thus the petition for review on certiorari.

ISSUE: Whether or not the petitioner willfully breached his fiduciary duty when he disregarded the laws of the State of Maryland on the distribution of Audreys estate in accordance with her will? RULING: Well-intentioned though it may be, defendant Alonzo H. Anchetas action appears to have breached his duties and responsibilities as ancillary administrator of the subject estate. While such breach of duty admittedly cannot be considered extrinsic fraud under ordinary circumstances, the fiduciary nature of the said defendants position, as well as the resultant frustration of the decedents last will, combine to create a circumstance that is tantamount to extrinsic fraud. Defendant Alonzo H. Anchetas omission to prove the national laws of the decedent and to follow the latters last will, in sum,

resulted in the procurement of the subject orders without a fair submission of the real issues involved in the case.