September 27, 2016

We will just finish the concept of Wills and Succession, just the different rules in Private
International Law.

When do we apply conflicts here? What are the conflict situations?

1. If a Filipino dies abroad leaving properties both in the Philippines and abroad.
The question would be as regards to how the estate is to be distributed
considering we have foreign elements.
2. If a foreigner dies in the Philippines leaving properties both in the Philippines
and abroad. (Aznar v. Christensen)
3. If a Filipino makes a will the Philippines and revokes it abroad.

The rules that we are looking at in this matter are with regard to intestate succession
regardless of who the decedent is, testate succession.

We also have to know the difference between a unitary system and a split system in
private international law.

Unitary system it is universal; only one law applies to the succession of a person,
regardless of whether the property is real or personal. In the PH, we apply our national
law being the theory applied to in relation to our personal law. See Article 16.

Split system you have to make a distinction as to the properties; if it is real property,
apply the lex situs, if personal property, apply the domiciliary law of the decedent at the
time of his death. (subscribed to by English laws and most of the states in America)

INTESTATE SUCCESSION

We know what intestate succession is. It is when a decedent dies without a will. Testate
succession when the decedent leaves a will.

In intestate succession we apply the personal law of the decedent. Again, it may be lex
nationali or lex domicilii, as the case may be. There is not much to talk about in the rules
on intestate succession because the law makes it simple. You have Article 16(2).

However, intestate and testamentary successions, both with respect to the order
of succession and to the amount of successional rights and to the intrinsic
validity of testamentary provisions, shall be regulated by the national law of the
person whose succession is under consideration, whatever may be the nature of
the property and regardless of the country wherein said property may be found.

TESTATE SUCCESSION
We will talk about intrinsic and extrinsic validity. How do you distinguish them?

Intrinsic Validity- with respect to the order of succession, the amount of

successional rights and to the intrinsic validity of testamentary provisions.
(apply personal law: which would me nationality theory or the split system)
See Article 1039.
Example: w/n there is preterition
Extrinsic Validity with respect to forms and solemnities in the making of the
wills.

Of course, because there is reference to the personal law of the foreigner, it is possible
that wed have to apply the Renvoi Doctrine. (Aznar v. Christensen) Very importantly,
because we make reference to a law other than our law, then you would have to apply
the rules in pleading and proving a foreign law. (Llorente v. CA)

Llorente v CA

So here there was no legitime to talk about because under the national law of the
decedent which applies in the case, there was no provision on legitimes. More so, owing
to the divorce decree she was no longer his spouse.

Estate of Bohanan v. Bohanan

Magdalena not entitled to legitime because the testator is California citizen at the time
of his death and such law does not provide rules on legitime. Isnt it that the California
Law was not properly pleaded and proved, still the SC considered it as properly done,
how? Because if the party was not able to plead and prove the foreign law, the doctrine
ofs processual presumption applies.

In this case, it is very clear that the intrinsic validity will have to be governed by the
personal law of the decedent. So if it is properly plead and proved, the court has no
other recourse but to apply that even if there appears to be an impairment to the
legitime under our laws.

1991 BQ: (Inaudible)

If Jacob wills that a certain person will have to receive a particular amount of
successional right, then we respect the will of a person. So now we have the rules: in
intestate succession, it is imperative to apply what is provided in the national law
(system of legitime, etc) but if it is testate succession, it is the will of the decedent, in the
absence of any prohibition under his national law, which shall be imperative.

1995 BQ (Inaudible)

What law shall regulate the distribution of the properties? Since the real property is
situated in the PH, lex situs shall apply. Here what applies may be the national law or
the domiciliary law, or the split system.

Extrinsic Validity
This covers the forms and solemnities. See Article 17. In the PH, what different kinds of
wills do we have? Notarial and Holographic.

1. If the testator is a Filipino who executes a will abroad:

a. lex nationalii;
b. lex loci celebrationis. (Art. 815)
2. If an alien makes a will abroad:
a. lex nationalii;
b. lex domicilii; (Art 816)
c. lex loci celebrationis. (Art 17)
3. if an alien makes a will in the PH:
a. lex nationalii;
b. lex loci celebrationis.

As you can see, it would seem that the rules is lex loci celebrationis. If it is valid at the
place of execution, then it shall be recognized as valid in the law of the forum where the
will has to be probated. Again, this requires the proper pleading and proving of the
subject law.

Question: A, a Filipino executed a will in Kuwait. Under the laws of Kuwait, it is

enough for the testator to affix his signature in the presence of two witness and
need not be acknowledged before a notary public. Will the will be probated in
the PH? Yes. Based on No. 1 above.

How about joint wills? What are the rules? See article 818-819.

1. If executed by two Filipinos, even if executed in a place where joint will are not
prohibited, still it is considered void in the PH. ( Art 819)

Why do we have a strong public policy against joint wills? Because it is violative of the
personal character of wills. Remember PASSUCFRIDM? It also reduces the will into a
mere contractual relation.

2. If both aliens executed a joint will abroad where it is valid, it is likewise valid in
the PH applying the rules stated above.
3. If both aliens executed a joint will in the PH, it is still considered void. (art 17(3))
4. If entered into between a Filipino and an alien executed abroad, it will be void as
to the Filipino but valid as to the alien.

Basta ang pinaka common lang diyan, if there is a Filipino character, it becomes void as
it concerns to him. If it is an alien executing a joint will here in the PH, it is void as well.

Revocation of wills

1. If a person domiciled in the PH revokes his will abroad, then the revocation will
be valid if allowed under the lex domicilii, lex loci actus or the place where the
revocation was made.
2. Under Article 829, a revocation done outside the PH by a person who does not
have his domicile here, apply lex domicilii or lex loci celebrationis.
Probate of wills

Basically what applies here is the law of the forum. Whether to allow the probate or not
is a matter of procedure where we will have to apply the law of the forum. Here, we will
take about procedural matters.

2005 BQ: if the will is probated abroad, what are the jurisdictional requirements in
order that the will may be reprobated in the PH?

1. The due execution of the will in accordance with the foreign law;
2. The testator had his domicile in the foreign country where the will was probated;
3. The will had been admitted to probated in said country;
4. The foreign tribunal is a probate court;
5. The laws of the foreign country on procedure and allowance of wills were
followed.

RULES ON THE ADMINISTRATION OF ESTATE

The power of administration will only be effective within the jurisdiction where the
property is located. Our courts cannot grants powers of administration to a person,
involving properties outside the PH. That is beyond our jurisdiction. The powers and
duties of the administrator and executor are co-extensive with the territorial
jurisdiction of the appointing court.

It is also important to note the difference between a principal and ancillary

administrator. When a Filipino dies and he has properties in the US and PH, and there
was already letters of administration in the court of America, that administrator is
considered the principal administrator and the one administering properties in the PH,
is the ancillary administrator.

This was best exemplified in the case of Tayag v. Benguet. What happened in this case?

What if the decedent is a foreign national and will now apply the foreign law in order to
settles the estate, is it part of the duty of the Administrator to prove or to show the
national law of the decedent?

What happened in Ancheta v. Guersey-Dalaygon?

What duty was Ancheta released of? What was the defense of Ancheta? Was the
doctrine of processual presumption properly applied? No. you cannot apply the
doctrine without first trying to prove the foreign law. You cannot just assume. It is for
the court to apply the doctrine, not for the party.