San Beda University

College of Law

Conflicts of Law
Adoption
&
Wills and Succession

Submitted by:
Group 7 - 4B
Bautista, Martin
Dela Cruz, Chino
Pascual, Maverick
Rodiel, Anselmo IV

Submitted to:
Vice Dean Risel G. Castillo-Taleon
 Adoption

-Adoption is a juridical act, a proceeding in rem, which creates between two persons a
relationship similar to that which results from legitimate paternity and filiation.
-according to Black’s Law Dictionary, it is the creation of a parent-child relationship by judicial
order between two parties who usually are unrelated.

DOMESTIC ADOPTION ACT of 1998 (R.A. No. 8552)

DETERMINATIVE LAW (as to whether the relationship of adoption has been created or not is
as follows:
a. The child’s personal law, to protect his well-being;
b. If the child does not reside in the country of his citizenship, the personal law of the
adopter and that of the child will be applied concurrently.
General Rule: the legal effect of the adoption is determined by the same law that created the
relationship of adoption.

Exception: where public policy or the interests of its inhabitants forbid its enforcement and
demand the substitution of the lex fori.

LEGAL EFFECTS OF ADOPTION:

1. The successional rights of the adopted child;
2. The parental authority of the adopter over the adopted child; and
3. The entitlement of the adopted child to all the rights and obligations provided by law to
legitimate children (R.A. No. 8552, Sections 16-18)

QUALIFICATIONS for an Alien to be entitled to adopt under R.A. No. 8552 or the
Domestic Adoption Act of 1998:
1. Of legal age;
2. In possession of full civil capacity and legal rights;
3. Of good moral character;
4. Not convicted of any crime involving moral turpitude;
5. Emotionally and psychologically capable of caring for children;
6. At least sixteen (16) years older than the adoptee;
7. In a position to support and care for his children;
8. His country has diplomatic relations with the Philippines;
 9. A resident in the Philippines for at least three (3) continuous years prior to the filing of
the application for adoption and he maintains such residence until the adoption decree is
entered;
10. Issued a certificate of legal capacity to adopt in his country by his diplomatic or consular
office; and
11. His government allows the adoptee to enter his country as his adopted son/daughter (R.A.
8552, Sec. 7).

The requirement on Residency and Certificate of Qualification (nos. 9 and 10 in the

immediately preceding enumeration) may be waived for the following:
a. A former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of
consanguinity/affinity;
b. One who seeks to adopt the legitimate son/daughter of his/her Filipino spouse; or
c. One who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a
relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse
(R.A. No. 8552, Sec. 7)

*The Domestic Adoption Act of 1998 still requires that the husband and wife must jointly
adopt. Where the spouses are legally separated, the husband or the wife can adopt alone and
the consent of the other spouse is no longer necessary.

The requirement of sixteen (16) years difference between the adopter and adoptee (no. 6 of
the Qualifications of Aliens) may be waived if the adopter is:
1. The biological parent of the adoptee; or
2. The spouse of the adoptee’s parent (R.A. 8552, Sec. 7).

THE INTER-COUNTRY ADOPTION of 1995 (R.A. No. 8043)

-Inter-Country Adoption is a socio-legal process of adopting a Filipino child by a foreigner or

a Filipino citizen permanently residing abroad where the petition is filed, the supervised trial
custody is undertaken and the decree of adoption is issued outside the Philippines. This is an
alternative means of child-care if the child cannot be cared for in any suitable manner in the
Philippines (R.A. No. 8043. Sec. 3).

Law Governing the Adoption Proceeding

 An alien qualified to adopt under the Child and Youth Welfare Code, which was in force
at the time of the filing of the petition, acquired a vested right which could not be affected by the
subsequent enactment of a new law disqualifying him. Consequently, the enactment of the
Family Code, effective, August 3, 1988, will not impair the right of respondents who are aliens
to adopt a Filipino child because the right has become vested at the time of filing of the petition
for adoption and shall be governed by the law then in force (Republic v. Miller, G.R. No.
125932, April 21, 1999).
*Private International Law offers no obstacle to recognition of foreign adoption, created by the
law of a State having jurisdiction to create it, will be given the same effect in another state as is
given by the latter state to the status of adoption when created by its own law. The status of
adoption, once created under the proper foreign law, will be recognized in this country except
where public policy or the interests of its inhabitants forbid its enforcement and demand the
substitution of the lex fori. Implicit in Art. 15 of the Civil Code is that the exercise of incidents to
foreign adoption remains subject to the local law (Marcaida v. Aglubat, G.R. No. L-24006,
November 25, 1967).

WILLS AND SUCCESSION

Two Theories in determining the proper law from the transmission of successional Rights:

1. Unitary or Single System

Only one law determines transmission of real and personal properties.

e.g. Art 16, NCC: Real property as well as personal property is subject to the law
of the country where it is stipulated.

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.

2. Split of Scission System

a. Succession to Real Property: Lex Situs
b. Succession to personal property: law of the domicile of deceased at the time of
death.
 RULES ON WILLS AND SUCCESSION

EXTRINSIC VALIDITY

When a will is made by an alien abroad:

Two principles may apply:

lex nationalii: the law of the nationality of the deceased shall govern

ART 816: The will of an alien who is abroad produces effect in the Philippines if made with the
formalities prescribed by the law of the place in which he resides, or according to the formalities
observed in his country, or in conformity with those which this Code prescribes.

Lex loci celebrationis: the law where the instrument was executed shall govern.

ART 17: The forms and solemnities of contracts, wills, and other public instruments shall be
governed by the laws of the country in which they are executed.

When a will is made by a Filipino abroad:

ART 815: When a Filipino is in a foreign country, he is authorized to make a will in any of the
forms established by the law of the country in which he may be. Such will may be probated in
the Philippines.

When a will is made by an alien in the Philippines:

ART 817: A will made in the Philippines by a citizen or subject of another country, which is
executed in accordance with the law of the country of which he is a citizen or subject, and which
might be proved and allowed by the law of his own country, shall have the same effect as if
executed according to the laws of the Philippines.

In case of Joint Wills:

Joint Will- A will executed by two or more persons jointly, or in the same instrument, either for
their reciprocal benefit or for the benefit of a third person. (ART 818, New Civil Code)

If joint will executed by an alien:

Such is valid and may be probated in the Philippines provided that the will is valid under the
principles of lex domicilii or lex loci celebrationis

If the will is made by a filipino citizen abroad:

ART 819 of the New Civil Code is controlling:

Wills, prohibited by the preceding article, executed by Filipinos in a foreign country shall not be
valid in the Philippines, even though authorized by the laws of the country where they may have
been executed.

It is worth noting however, that the Filipino national is not barred from admitting the will to
probate in the country where the will was executed.

If the will is made by an alien and a filipino abroad

Legal luminary Sempio-Dy is of the opinion that such a will shall be valid as to the alien if his
national law or law of his domicile allows it, but such will be void with respect to the Filipino,
the same being against our public policy on joint wills.

INTRINSIC VALIDITY

Order of Succession, amount of successional rights, and the intrinsic validity of the
provisions of the will:

Art 16, paragraph 2 of the New Civil Code provides:

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.

Capacity to succeed

Governed by the law of the nationality of the decedent (ART 1039, NCC)

Probate of Wills Made Abroad

If the will has not yet been probated:

The will must be fully probated here and due execution must be shown

If the will has already been probated abroad:

The will must also be probated here because as a general rule, a foreign judgment cannot have
extraterritorial effect. But instead of proving due execution, generally it is enough to ask for the
reinforcement here of the foreign judgment of the probate abroad.

RULE ON WILLS ALLOWED AND PROVED ABROAD

Wills proved and allowed in a foreign country, according to the laws of each country, may be
allowed, filed and recorded by the proper court in the Philippines. (Sec 1, Rule 77 RULES OF
COURT)

REVOCATION OF WILLS

Philippine Laws shall apply:

· If the revocation takes place in the Philippines, whether the testator is domiciled in the
Philippines or in some other country; or
· If revocation takes place outside of the Philippines, by a testator domiciled in the
Philippines.

However, if the revocation is done outside the Philippines by a testator who does not have
domicile in this country. Either:

· The law of the place where the will was made; or

· The law of the place in which the testator had his domicile at the time of revocation shall
govern

Other Rules in Philippine Conflicts Law

Interpretation of Wills

· The will shall be interpreted in accordance with the testator’s intention;

· If the term of the will are clear an unambiguous such shall be interpreted in their ordinary
meaning (Verba Legis);
· Interpretation of ambiguous words made in accordance with the law which was most
probably in the mind of the testator when he used those words and with which he is
presumed to be most familiar;
 · If the will admits of different interpretations, that which will make the dispositions
operative shall be preferred;
· The interpretation that will give that will the most favorable construction to accomplish
its purpose shall be made;
· Every effort should be made to prevent intestacy in keeping with the policy of respecting
the will of the testator; provided that this can be ascertained; or
· The national law of the deceased should apply since we may reasonably presume that this
was the intention of the testator.

CASE DIGEST

DALTON v. GIBERSON
G.R. No. L-4113.
June 30, 1952
FACTS: William R. Giberson was a citizen of the State of Illinois, United States, and a
resident of Cebu. William died on August 6, 1943 in the concentration camp at the University
of Sto. Tomas, Manila, Philippines. On February 10, 1949, Lela G. Dalton presented an
application in the lower court calling for the legalization of a document which, it claims, is the
holographic will of William, granted on April 29, 1920 in San Francisco, California. Spring
Giberson, legitimate son of William, filed a motion requesting the dismissal of the request,
claiming that, before a will made in a foreign country may be legalized in the Philippines, it
must be demonstrated that the will had been previously legalized in California and that the
request of Lela does not allege that the will had already been legalized in California.

ISSUE: Whether or not a testament granted abroad is required to be previously legalized

abroad before it can be legalized in the Philippines.

HELD: NO. A person may dispose of its assets after his death by will. The granting of a will
is a legal act which can be performed in the Philippines or abroad; if it is granted in a foreign
country, it has to be in accordance with the laws of that country. This is a universally adopted
rule. Article 635 of the Code of Civil Procedure, respecting the freedom of the testator to grant
his will anywhere, provides that the will legalized in a foreign country in accordance with the
laws of that country may also be legalized in the Philippines. This provision is substantive and
creates the rights of the beneficiaries of the will since they are assured to have the same be
legalized in the Philippines. Wills made outside of the Islands, if they can be legalized in the
country in which they were granted, gives them cause of action for judicial order in
compliance with the last will of the testator irrespective of the place of execution. Article 1 of
Rule 78 does not prevent a person to legalize in the Philippines a testament granted in a
foreign country, if it can be legalized according to the laws of that country. The will is not
 required to be previously legalized in that country. Therefore, Spring’s contention is untenable.

Administration of Estates

Administration of estate, like probate of will, is PROCEDURAL in nature.

While the law of the nationality of the decedent governs the distribution of his estate, the law of
the State that appointed the administrator or executor governs the administration.

Hence, if the administrator was appointed in the Philippines, Philippine laws and rules, such as
the Rules of Court (Rules, for brevity), will apply.

The following are the procedural rules and doctrines relevant to Private International Law
and administration of estate:

1) Rule 78 of the Rules

Administration of estate applies in any of the following instances:
1) the decedent left NO will,
2) the will is INVALID,
3) the valid will did NOT designate an executor, or
4) the executor designated Denies the trust, Fails to file a bond, or is
Incompetent.

2) Rule 77 of the Rules

The letters of testamentary or administration shall ONLY extend to all the estate of the testator in
the Philippines.

COMMENT: The letters of administration granted in a State extends only to the properties
within such State. If the properties to be administered are situated in another State, the interested
persons must secure another letters of administration in such State.

3)Principal Domiciliary Administration

Administration granted in the country of the decedent’s last domicile.

4)Ancillary Administration
Administration granted in other countries where the decedent also left properties.
(Tayag v Benguet Consolidated, Inc., G.R. No. L-23145, November 29, 1968)
 Distribution of Estates

Conflict Rules as to Distribution of Estate if a Person Dies Intestate

1) Civil Law Countries (Philippines) - law of the nationality of the decedent or lex nationalii

Distribution of Estate, as stated, is regulated by the law of the nationality of the decedent (New
Civil Code, Art. 16, par. 2)

Article 16, par. 2 provides “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. “

2) Common Law Countries (USA or Great Britain) - split or scission system, i.e., law of the
domicile of the decedent or lex domicili for personal property, and law of the place where the
real property is situated or lex situs for real property

Caduciary Rights

When the decedent left No Heirs and No Will

For Philippine laws, the State is the last heir of the decedent. Hence, it will succeed to ALL of
the property of the decedent within the Philippines by instituting Escheat proceedings.

CASE DIGEST

Tayag v Benguet Consolidated, Inc.

G.R. No. L-23145
November 29, 1968

Facts:

The Estate of Idonah Slade Perkins (Perkins) had 2 administrators. The domiciliary administrator
was County Trust Company of New York (County), and the ancillary administrator was Renato
Tayag (Tayag). The latter was appointed by the CFI Manila. Benguet Consolidated, Inc.
(Benguet) was a Philippine corporation where Perkins owned 33,002 shares, as evidenced by
stock certificates.
A dispute arose between County and Tayag as to which of them was entitled to the possession
and custody of the stock certificates Perkins left. The CFI Manila ruled in favour of Tayag and
ordered County to give the stock certificates to him. However, County refused to follow the
order. Hence, Tayag filed a petition to the court to issue an order declaring the certificate or
certificates of stocks in the name of Perkins be declared as lost.

Benguet opposed the same. It contended that they cannot be declared as lost because the
certificates actually exist, and they are possessed by County. Despite the contention of Benguet,
the CFI Manila granted the petition in favour of Tayag.

Issue:

Whether the ancillary administrator Tayag is authorized to possess the stock certificates, so
Benguet must issue new stock certificates in favour of him

Held:

Yes, Tayag is authorized to possess the stock certificates because the power of the ancillary
administrator extends to ALL the assets of a decedent found within the State where his
administration was granted. Hence, the domiciliary administrator appointed in one State has no
power over the property in another State where an ancillary administrator was appointed.

Here, Perkins left 33,002 shares of Benguet, a Philippine corporation. Hence, the stock
certificates evidencing such shares must be delivered to the ancillary administrator appointed in
the Philippines because the assets in question are deemed found within the Philippines.