IO4
SIATUSOFCHTLDBEN
CONFLICT OF LAWS
CONFLICT OF LAWS
(Repabtu t'. C-4. andBobilu. GR92326.24 Jan' /992;Republ;cu. Mi//er, GR
t 2 i9j7,,4Pri/ 2/. / 999;.
9. Should we in the Philippines recognize a foreign decree of adoption?
While there is no provision of law nor jurisprudence expressly
requiring the PhiLippines to recognize a foreign decree of adoption, it is
believed that under Sec. 48 of Rule 39 of the 1997 Rules on Civil Procedwe,
\r/e can recognize such foreign decree of adoption provided the foreign
court had junsdrctron to render said decree; and that there was no want
of notice. collusion. extrinsrc fraud, or clear mrstake of law or fact leading
to the foreign decree of adopt-ion.
CHAPTER
This is particulady tme if both the adopter and the adopted child
of the Forum that decreed the adopflon (R-abel,
are nationals or domiciliaries
WILIS, SUCCESSION, and ADMINISTRATION
OF THE ESTATE OF DECEASED PERSONS
id., p. 6a7).
10. Does adoption confer on the adopted child the citizenship of
the adopter?
What law applies in the transmission of successional rights upon
the death of a person?
1.
No, adoption does not confer on the adopted child the citizenship
of the adopter. Adopuon is a matter politicai. and not civil, in nature, and
the ways in which tt should be conferred lav outside the ambit of the
Civil Code (LIgt l)ndanand Tberkehen u Republir. I 2 SCk4 400; aho Ching
L-eng u. Galang, L-/ 1931, 2i OcL 195E.
There are two theories or svstems in determirung the proper law
for the transmission of successional nghts; the unitary or single system, and the split or scission svstem.
Under the unitary or single system, onll' one iaw determtnes
transmission of real as well as personal properties. In countries following
the nationality theory like the Phfippines, the national iaw of the deceased
governs the transmission of both real as well as personal propertles,
while in common iaw countries or countries that follow the domicihan'
theorl', it is the law of the domicile of the deceased that governs.
However, under the split or scission system, which England
the
and
Uruted States adopt, succession to real property is governed bv
the /ex itat, sAt:ie succession to movable or personal proPerw is governed bv the law of the domicile of the deceased at the time of hls death.
In the Pluhppines, we follow as already stated, tire unitary or
single system, in that Art. 16 of the Neu' Crvrl Code applies the natronal
law of the deceased, whatever may be the narure of the property and
regardless
of the country where the properF is found.
I06
!{ILLS, SUCCESSION ' ANd ADMINISTRATION
OF THE ESTATE OF DECEASED PERSONS
CONFLICT OI; LAWS
wtLLs,
SUCCESSION , and
ADMINISTRATION
107
OT THE ESTATE OF DECEASED PERSONS
2. When we talk of validin' of u'ills, u'e refer to both its extrinsic
and intrinsic validiw. Vhat does each validin refer to?
Extnnsic validrn' deals n,rth the forms and solemnrties
mahrng of wrlls, rvhich rnclude the age and resramentan, capacitl'
CONFLICT OF LAWS
in the
of tl-re
testator and the forrn o[ the will (whether orai or wrltren, pubhc or
pnvate instrumen!. notarial or hoiographrc. the nulxber o[ wrtnesses.
etc.),
Intrinsic validitv concerns itself wrth the otder of succession, the
amount of successional flghts each heir gets, and such other matters that
fall under the term "substance" as distingurshed frorn ..form.s
(a) Frirprnos canriot make yoint u'ills u']rether bere or abroad.
jotnt wili rnade bt' tu'o Fiiiprnos in a foreign counrrv is void even
if valrd under tire iex ioci ceiebralioni.r ({fi.819. Neu'Cir.il Code).
-fhus,
a
ft) Joint wiiis made bv aliens abroad sirall be consrdered as valid
tire
rn
Philrppines if valid according to thelr iex nationttlii <;r lex domitilii or
il valid under tile lex loci cehbratioarl(Arts. 816 and 17, id.)
(c) Joint wiils made bv aliens rn the Philippines are void even if
valrd under thek /ex nationalii or lex dani,;liii, tn otder tlrat or-rr public pohcv
on joint wills ma1' not be militated agatnst.
and
solemnities "
3.
oI
rvills.
$/hat are the conflicts rules in the Philippines on extrinsic validity
(d) A iornt u,i.ll executed bv an aiien and a Filrpino ciuzen abroacl
will be vahd as to the ahen (if his national la-'r,, iaw of the domicile, or the
/ex /ori tvlebratiorzi allows it), but void as to the Filipino, tlre same being
of wills?
against our pubhc policy on jornt rvdls.
(a) if a Filipino makes a will abroad, ire mav cornply with the
formalities of Philippine law (lex nationalit) ot the lex loci nlebrationi.r (the
larv of the place rvhere ire was at the time of the execuuon of tire wili
l.\rt. 815, Neu' Cir.il Code).
T'hus, a FiJrprno docror u'orking in Neu']brli rnav execute a will
rn accordance with Philippine iaw 01 New lbrk lauz
5. rJflhat are the conflicts tules on the intrinsic
(b) If an ahen makes a will abroad. he rnav complv witl-r the
forma]rties of his /ar nationa/ii (the law of the countrr, of which he is a
citrzen). t.he lex donidlii (the law- of his domicile) (Art. 816, Neu, Cir.,il
6. In the Philippines, what law govelns the intrinsic validiw of
wills?
Code), or tlre
The New Civil Code applies tlte lex nationalii of the decedent irr
par. 2 of its Art. 16. This was also followed b)' the SuPreme Court in
/e.:y /oct ce/ebrationit (the law of the country rvhere he,was at
the tirre of the execuuon of the will). (Art. 17. i.d.).
If
an al-ien makes a wil] in the Philippines, he may comply
rvitlr tlre forma-lities of his own country (/ex nationalil or of philippine
last (/ex lod celcbrationi.)
(c)
(d) As for a holographic will. u'hrch musr be entuelv writren,
dared, and signed bv the hand of tl.re resraror hlnself, it rs subject to no
other form and mav be made in or our of the Philippines. and need nor
be witnessed (Art. 810. New Civii Code).
4. rWhat are our conflicts rules on ioint wills?
validity of willsl
general ptoposinon. conflcts rules on tl,e inuinsic vahdrry
oF wrlls are determined by the /ex nationalii of the deceased in countries
that foiiow the nationalin' theory. and bv the lex donui/it at tl'Ie ume of
death, in countlies that follow the dorriciliary theorv
As
a
Midano u. Bnmo, 50 Phil. 867;
Leonidal 129 SCK4 524.
Be//u'
u. Be//it, 20 SCk4 558; antl Ca.vtlano
r.
We must not forget, however, that in case <-rf confhct berrveen
the nationalry theorv and the domiciltarv theory, w€ can treat the case as
one of "renvoi" as in the Christensen case cited ear[et in this rvork, so
that we can still appl,v Philippine law even if the deceased was a. cittzen
of
another countrv.
?. What are the conflicts rules
if
a Person dies intestate?
In civil law countries hke tire Phihppines. the nauonal larv of the
108
CONFLICT OF LAWS
WILLS, SUCCESSION , and ADMINISTRATION
OFTHE ESTATE OF DECEASED PERSONS
the t,I.S. and Great Bntain
which follov, the spltt or scission svstem. rb,e iex riomialit of the deceased
deceased apphes.
at the rime
of
WILLS, SUCCESSION, and ADMINISTRATION 109
OFTHE ESTATE OF DECEASED PERSONS
ln common law countnes like
death appLies rvith respect to personai6" while the rcx situ.t
apphes with respect to real properfi.
8. What about revocation
of wills, what are our conflicts rules?
(a) As in contracts. the provisions of a wili shalr be
intelpreted in
accordance wrth tire testator's intenuon. If the terms ar. .le^r and
unambrguous, the hteral meaning of dre supulauons shall control. otherwise.
the evident intention of the testator must prevail by not only refernng to
the context of the will but also taking into account the contempor".r"Lr,r,
and subsequent acrs
(a)Undet Att. 829 of the New Civil Code, a revocation done
outside the Philippines bv a person who does not have his domrcile here,
rs valid if done accordtng ro:
(i) The law o[ the place where the will vras rrrade (/ex lotz
celebrationis);
CONFLICTOFLAWS
or
(2) The law of his domicile at the time
donicili).
of revocation
(/ax
(b)
oI the restaror (Arts. 1370 to
1378, Nerv Civi] Code).
If
the testator's intention cannot be ascertained by the
preceding rules, the interpreration of ambiguous words must be made
in accordance wrth the law which was mosr probably rn the mind of the
testator when he used those words and with which he is presumed to be
most fami[ar.
(c) If dre will admrts of different interpreta[ons, that which will
make the dispositrons operative shall be preferred. The interpretation
that will grve the will rhe mosr favorable construction to accomplish rts
purpose shall be made (Arts. 788-792, Nerv Civil Code).
A problem here wouid arise if
vdll while domlciied in one country and later, changes hrs
domicile, then dies in the latter state. If the laws of hrs former
domicile and irrs domrcile at rhe time of l-ris death are different,
which law applies? Common sense and logrc should applv
the law of the domrcile at the time of the testatork death'
with the policv of respecung the will of the testator, provided that this
but this is not what our law
can be ascertained.
the testator revokes his
savs
(d) Every effort shouid be made ro prevent intestacy in keeping
I-lkewrse, suPPose a non-domrciiiarv makes the revocation
in accordance with the law- of the place where he *'as at the
What is probate, and what are the conflicts rules on probate of
wills?
trme, are we not going to recognize the revocation? Why
indeed does the Civil Code ignore the law o[ the place of
revocation, when we follou' rhe lex /oct ceiebrationts tn
determining: the validity of rvills executed abroad? Is not
the desite of the testator to revoke his wili as imPortant as his
(a) Probate is the process of proving before a comperenr court
the due executron of a will, that the testator u/as possessed of tesramentary
capacity, and the approvai by said court of the will.
10.
(b) The allowance or disallowance of a will is essentiallv
desLe to make a will?
procedural, so that the lav"'of the forum applies to all procedural matters.
(b) If the revocation is done in the Phihppines, tt is valid if made
in accordance with the provisions of our Civil Code (Att 829' id')'
if
the revocation is done outside the Philippines bv a Person
who is domiciled here, it rs yalid if made in accordance with our law (the
tex d.onirzli) or the /cx ioti actu of the revocauon (the place u'here the
revocaoon was made) (see Art . 17 , pzr- 1. New Civil Code)'
(c)
9. What law should be applied
in the interpretation of wills?
(c) Under Art. 838 of the first paragraph of the New Civil Code,
"no will shall pass either real or personal properry unless it is proved and
allowed in accordance wrth the Rules of Court".
(d) Tirere is no period of prescupuon for tiie probatc oia will.
For the probate of a wiii is not exclusivelv established ur thc interest of
the survrtng heirs but primarilv for the protection of the tcstator's expressed wishes in the disposrtron of his properties. Since the probate of
110
WILLS, SUCCESSION , and ADMINISTRATION
CONFLICT OF LAWS
CONFLICTOFLAWS
OF THE ESTATE OF DECEASED PERSONS
validlr. executed u'ills is requted bv pub[c poiiq,. tl-re State could not havc
intended the Starure of Limrtauons to defeat said pohct (,Gueuata t. Gaeuara.
'CR L-5105,
.lan. )/. / 956;.
(e) Wills proved and aliowed in a forergn countr\! according to
the laws of each counnv. may be allowed, frled. and recorded by the
proper court in the Philippines (Rule 77, sec. 1, Revised Rules of Court).
(f Although
a forergn u.dl had alreadv been probated
in a forergn
countr\, it still has to be reprobated in the phiiippines in accordance with
our procedural lau; because a foreign judgment, no matter how intnnsicallv
meritorious. cannot ha'e. as a general rule, automatic extraterritorial
effect. But instead of provrng all over agarn the due executjon of the urdl.
it
rs ordina'ilv sufficient to ask
judgmenr
of the probate
for the enforcement here of the foreign
abroad.
which have been probated outside the piril_ippines are:
1) The due execurion of the wi_1l in accordance u,,ith the foreign
law because we cannot take judicial notice of foreign laws.
2) The testator had hrs domicile tn the foreign counrrv urhere
the will was probated;
3) The will had been adrrutted to probate rn said counrry;
4) The foreigntribunal is a probate courr;
5)
Tire laws oi the foretgn country on procedure and allowance
of rvrlis were follorved.
(|,'cia. De Pereia. Tolere. 2J2
11.
SCk4 724.
(d) The executor is qualified, and the administrator of the estate
is appointed, by the court of the counw where the deceased was domiciled
at the time of his death; or if he was a non-domiciiiary the countrv
where his properties are found.
(e) The rights, powers, and duties of the executor or administrator
are coextensive with the terdtorial jurisdiction of the court that qualihed
or appointed him. Thus, an executor or administratot qualified or
appointed by a Philippine court has jurisdictron only over the properues
of the deceased located in the Philtppines.
Administration gtanted in the country of the deceased's last
domrcde is called
principal domiciliary administration; administration
in othet counfties whete the deceased also left properties, is called ancillary
administration.
(g) As held by the Supreme Court inTajtagu. Bengaet Consolidated,
Inc., 26 SCRA 242, the domiciliary administrator of the estate of a
deceased American citizen in the U.S. has no Powet over and is not
entitled to the possession of the stock certificates of shares of stock
owned by the deceased in a Philippine colporation, which certihcates
must be delivered to the ancillary administator of the deceased's estate in
the Philippines, to be administered by the latter in the nature of assets of
the deceased liable for his debts or to be distributed among his heits.
What are the conflicts rules on administration of estate of
deceased persons?
111
appointed by the testator rn his will). an administrator vzith a will annexed
(one who is appointed bv the court if there is a will but no execuror is
designated therein), or an administrator (if there is no will, the court
appoints an administrator of the estate of the deceased).
(f
(g) The evidence necessary for the probate or allowance of wills
WILLS, SUCCESSION, and ADMINISTRATION
OFTHE ESTATE OF DECEASED PERSONS
12.
What is meant by the "caduciary rights" of a State in Conflict
of Laws?
(a) Bv "adminisrration" is meanr the process of determiniog and
realizing the assets of a deceased person, the pavment of tl-re debts of the
estate. and the actual drstr-rbution of the residue ro the heirs.
If the deceased had properties but left no heirs and no will, how
can the country where the ptoperties are located claim said ProPertles?
(b) Lik" probate, administration is procedural in narure. Therefore,
it is tlre lex.fori that go'erns, not the larv tirat determines how the estate of
There are rwo theories adopted bv different states so that they
may claim the properties ieft bv a deceased who left no heirs and no will.
the deceased is ro be drstributed.
(c) In charge of the admrnistration is an esecuror (rf one
is
First, some countries includrng England and most American states
adopt the theory that such propenies have become ownedess (bona uatantici);
112 WLLS,
SUCCESSION, and ADMINISTRATION
CONFLICT OF LAWS
CONFLICT OT LAWS
OF TI{E ESTATE OF DECEASED PERSONS
hence, thev should revert to the state uzhere thev are situated bv escheat.
in
the Philipprnes and some civil iaw counuies, the theory adopted
is that the State is the last het of a deceased person. Hence, the State
succeeds to the propercies left bv sard deceased as an heL.
difficulty if a foreign element is not involved in the
case. But suppose the domiciliary of one State leaves propenies
in other states? How can those othet States claim for themselves
1ji. There is no
E
CHAPTER
the ptoperties left by the deceased?
Example: A Chinese citizen died with subsantial business intetests
in the Philippines but with no heirs and no vdll. If we apply Art. 16, par.
2 of the New Civil Code, the national law of the deceased appl-ies to his
succession, and if Chinese law- provides that the home state of the
PROPERTY
deceased (China) inherits as his last heir, China can claim said properties
and business interests for itself.
The Phitippines can, howevet, claim said properties and business
interests, by adopting the.theory of "caduciaq' dghts" of the State. This
is in consonance with the proposition thar in a situation such as this, "rules
of conflict of lav;s are largelv abandoned and each country eppears to
work on the principle of seizing all property of tle deceased lying within
its borders"; i.e., the Philippines should regard said prcperties as ownerless or bona uacaxtia.In short, the properties pass to the Phiiippines as an
incident of soverergnty, not as afl heir @lackt Law Dictionary, Abridged,
5th ed., p. 92).
L.
Are the conflicts rules
on real and personal properry
the same?
Almosr
alJ ieea] systems
adopt the /ex tttai ot /ex rei
iaw of the p)oce wh.re
the propcrry
sitae. r.e.,
ir.f...r"i
..al prop"i.n rrrus, tire 1u*
;i-;;;;..ff"::'::',1.1.*tm respe*
e
very thin
g
c
logrcal' 'As
on
c e
rn
i
n
s
r
c
er tai n
qi
expectations
predic
of
to
ta bil*i;
the parues,
rop er n.. +
.1:
,r.in!
to
pir.",;6ri"iii*'
the /ex i/u.,.of real
;;,il;;;'
,, d.oL;;;i'rr.i
r; ; ;-" ;
0 n a m, s in c e
p er s o n d p
personal effects or b.longings
^H
of the
Laq
J-1'l5"io-.nal
iJTff T J ^,X."t::,:l'jffi
Tl-re same cannot be
said of the law
movables. The old rule
during the Middle
p en
ro
il ;. ;, :";1i: .. ::l :,:rr. fl":::Tj
*:,;;a
is rhe natural cenrer of
^
.o"..;;;;,ir'rlr.
,n.* mav be expected
re a r p
t'e pr'ce'whe'e
nghts ovsr rt. evervbody
reckon wrth the law of
iuch
564). Indeed, u ."r.r.n."
ro
the
p.
proo.rq,.
,
"on
Personal properq,' or
o: r
rr:;::
rff :.:,:
": : ;;r^:
u'herever he wenr. Therefir.l
"*'* i"t ra. he carried with hrm
sir.; ;;;lro.,
aa not have , n*"j
sltus, an artificial situs
rv glven to them; namely,
the
personal l^*
"s
ov/ner.
"a;lr;
b.."
Recendy, in ma
^d;;;;;ft;'r#:t
countnes' tbe lex
:
itat or lex rei tilaa
has at.so
:il;;;;:;;il^i;1Tl:1i.#::":#lT:*11ili.ff::,i:l
for the patties and thrd persons
*ho -uy be affected by ights in
ren