CONFLICTS TRANSCRIPTION- ATTY.

BUKO (11/25/2017)
Joyce Go

From a conflict of law perspective, the last will and testament is involuntary transfer
of property even if the testator is the one who actually prepares the will and chooses
to institutes the heirs that he would want to inherit from him, this document is still
not considered as a voluntary transfer. It is not governed by the terms of the
document, it is governed by law hence involuntary transfer. Kasi it takes effect only
after once death. So even if a testator under Philippine law would want to disinherit
or remove one compulsory heir from his last will, the law will not allow him, even if
he wills so. So his will technically is subservient to the law. This is a peculiar
characteristic of Philippine estate law/ law on succession. Unlike other countries,
like the common law countries (united states) kung saan walang compulsory heirs.
Kung gusto mo ipamana lahat ng ari- arian mo sa tuta, pwede. Sa pilipinas kailangan
lahat ng compulsory heirs meron. The key provision is found in article 16 of the civil
code. It has 2 parts.

The first part is what we called the lex situs/ the law of the place where the property
is situated.
The second part is what we called the succession proper or the law on succession
proper.

If we take a look in the first part, the first clause, it says “ Real property as well as
personal property is subject to the law of the country where it is situated.”

The second paragraph says that with regard to order of succession, the amount of
successional rights and the intrinsic validity of the will, the same shall be governed
by the national law of the decedent/ or the one whose death is under consideration.

Madaling intindihin yung first part ng second paragraph. The last clause of the
second paragraph says “Whatever maybe the nature of the property and regardless
of the country wherein said property may be found”.

If you take look at the first paragraph and the last clause under that, there is an
apparent conflict. Ano ba talaga masusunod? Yung law of the place where the
property is situated or the law of the decedent?

To harmonize the two conflicting provisions, we apply lex situs if there is no

sucession being considered. If the problem does not state any succession at all, you
apply the first paragraph, lex situs. If there is succession, may Manahan, may
namatay, mayroong last will, o kahit walang last will pero ang pinaguusapan ay
property ng namatay, then we will apply the last clause of the second paragraph,
meaning the national law of the decedent will govern regardless of the place where
the property maybe found.

If a will is executed by a testator who is a Filipino citizen, what law will govern if he
executes the will in the Philippines? Pilipino nakatira sa pilipinas, gumawa ng last
will sa pilipinas. What law will govern? Philippine law diba.
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What law will govern if he executes the will in another country? Pilipino nakatira sa
pilipinas sa ibang bansa niya ginawa ang kanyang last will. What law will govern?
We must distinguish.

For extrinsic validity, lex loci celebrationis- the law of the place where the will was
executed will govern the formalities of the will under art. 17. However, the intrinsic
validity as well as the order of succession, the amount of successional rights, shall be
governed by the national of the decedent.

How about if the will was executed by a foreigner? Say a Japanese domiciled in the
Philippines. Japanese, sa pilipinas ginawa ang will, ditto siya nakatira. What law will
govern? Extrinsic validity- Philippine will. Intrinsic validity- Japanese law (national
law).

What if the will was executed in japan or in some other foreign country by a
national? What law will govern? So ganun din diba? Law of the place where the will
is executed- lex loci celebrationis will govern the extrinsic validity. Intrinsic validity
is the national law of the decedent. So that was a bar question.

So art .17 gives us lex loci celebrationis. 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. And this provision in art. 17 is reiterated in art. 815 of the
civil code which says that “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”.

How about aliens? As discussed earlier, the rule for aliens are similar for the rule for
Filipinos. And they are found in art. 816 and art. 817 of the civil code. So extrinsic
validity, always the law of the place where the will was executed. And the intrinsic
validity is the national law of the decedent.

Q: X an Y executed a joint will in the U.S. distributing their properties located in the
Philippines. Is this will valid in the Philippines? Explain.

Dalawang Pilipino gumawa ng last will, joint will sa America. Is this valid?
A: Since they are Filipinos the instrinsic validity is governed by Philippine law and
under art. 818, bawal sa atin ang joint will. Therefore that will is void even if X and Y
executed it abroad because they are Filipinos.

Let’s vary a facts a bit. Dalawang amerikano, nagexecute ng joint will sa America,
valid sa America, is it also valid in the Philippines?

A: The answer is yes kasi amerikano sila, wala naman tayong pakielam sa kanila.
Under Art. 816.
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Q: Paano kung dalawang amerikano gumawa ng last will sa pilipinas nagexecute. Is

it valid?
A: The answer is no. Dahil sa pilipinas, bawal ang joint will. Okay?

Q: John Sagun and Maria Carla Camua, British citizens at birth, acquired Philippine
Citizenship by naturalization after marriage. During their marriage, the couple
acquired substantial landholdings in London and in Makati prima facie.

They have 3 children. The couple executed a joint will appointing each other as their
heirs, and providing that upon the death of the survivor between them, the entire
estate would go to their children. So this is a joint will.

John and Maria died tragically in the London subway terrorist attack in 2005. Jorge
and Luisito filed a petition for probate of their parents’ will before a Makati RTC.
Yung isang anak natanggal sa will, si Joshur. So he vehemently objected because he
was preiterated. Preiteration is when one of the compulsory heirs is excluded from
the execution of heirs.

First question, can the will be admitted to probate?

A: No. Since the couple who executed the will are both Filipino citizens and they
executed a joint will. A joint will is not allowed under the Philippine law. So since
Philippine law will govern, the execution of joint wills are void.

Q: Are the testamentary dispositions valid?

A: Since the will is void, then all the testamentary dispositions written there are also
void, diba? And even assuring that the will is valid, still the institution of heirs will
be void because of preiteration.

Q: How about yung bawal idivide yung London estate?

A: Assuming it is valid, the testamentary prohibition on the division of the London
estate shall be valid only for 20 years.

Under Articles 1083 and 494 of the NCC, a testamentary disposition of the testator
cannot forbid the partition of all or part of his estate for a period longer than 20
years. Any provision to the contrary is void.

Q: Juan is a Filipino citizen residing in Los Angeles, California, USA. States what laws
will govern:

a.) His capacity to contract marriage in California- Philippine law diba. After the
nationality principality.
b.) His successional rights as regards his deceased Filipino father’s property
located in Texas, USA- Successional rights? Philippine law. Under Art. 16 the
national law of the decedent will govern successional rights. Since ang tatay
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niya namatay ay Pilipino, magaapply ay Philippine law regardless where the

property maybe situated.

Intrinsic validity of the will, again, Philippine law- national law of the decedent.
Some books referred lex situs as lex rei sitae. But others were commonly known as
lex situs.

Q: Tiger Woods, an American from California residing in the Philippines, recently

died in Manila leavin a will and 2 parels of land: one in Manila and one in Tokyo,
Japan. He provided in his will that the distribution of his estate shall be governed by
Philippine law.

Amerikano siya ah. Nakatira sa pilipinas. Ang inilagay niya sa kanyang last will, ang
masusunod Philippine law. What law will govern?
A: US law pa rin- kahit na gusto niya ay Philippine law ang magovern. The
testamentary provision mandating the application of Philippine law is contrary to
public policy and hence null and void, in contemplation of law such a provision is
non- existent.

Nung nabubuhay siya, he cannot amend the law. Lalo na nung namatay na siya. He
cannot amend the law through last will and testament. The law says national law of
the decedent and that will govern.

Sabi natin kanina, national law of the decedent. Pag ba sinabing national law, is it
national law at the time of birth or national law at the time of death? Paano kung
pinanganak kang Pilipino pero namatay kang Canadian? What national law will
govern? In this problem, kung iaapply mo ang Canadian law which is the national
law of the decedent at the time of death, hindi magkakaroon ng mana yung kanyang
mga legitimate Pilipino sons. But if you apply Philippine nationality which is the
nationality at the time of birth, lahat sila compulsory heirs everyone happy. So what
will apply- Canadian law or Philippine law?

Canadian law will apply. Because kapag sinabing national law, it is the national law
at the time of death. Pero hindi bay an contrary to public policy even if we apply
Canadian law it will, in effect a deprivation of compulsory heirs? Sabi ng supreme
court in bellis v. bellis, that is our public policy, to give effect to the national law of
the decedent.

Paano kung dalawa ang nationality mo at the time of death? Chinese ka na, Japanese
pa. What national law will govern? National law of the decedent will govern. Paano
kung multiple nationalities at the time of death?

A: You find the effective nationality link. Saang bansa siya bumoboto, saang bansa
siya nakatira, saang bansa siya nagbabayad ng buwis, saang bansa siya merong link.
EFFECTIVE NATIONALITY LINK. Then that particular national laws will govern.
 CONFLICTS TRANSCRIPTION- ATTY. BUKO (11/25/2017)
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Ibig sabihin, sa kanyang multiple nationalities, yung mas pinili.

Q: What is renvoi?
A: renvoi literally means to refer back. So it occurs when the conflict rules of a given
states mandates the application of a foreign law refers back the case to the state of
origin.

Sa isang bansa, in any country, we have 2 kinds of laws:

1. Domestic/ Internal
2. Conflict (foreign elements)

Sa pilipinas, halimbawa, the entire civil code is for domestic. But there are
provisions in the civil code which we considered conflict rules. Like Articles
14,15,16 and 17. Sa ibang bansa ganun din.

So for example, X a French national, dies intestate, domiciled in the Philippines,

leaving properties here, in England and in France. How do we distribute the estate?
What law will govern?

So under art. 16, national law of the decedent. Art. 16 natin- Philippine law. Under
Philippine law, since dito namatay, dito nagpprobate ng kanyang will, or ng kanyang
estate dito dinidetermine, we will apply art. 16. But when you go to French law,
dalawa rin yung batas nila eh. Lahat naman ng bansa ganun- mayrong internal and
mayroon din silang conflict rule. Ang conflict rule nila, ang sabi, you apply the law of
the place where he is domiciled at the time of death. So babalik na naman sa
pilipinas. Pag binalik sa pilipinas ano ang iaapply natin? Art. 16 uli o yung ating
internal law na? Dapat yung internal law na. Kasi pag inapply natin yung art. 16,
babalik na naman sakanila, so pingpong, diba? Walang katapusan. Ang tawag natin
diyan SINGLE REMISSION. Pag punta doon, pupunta sa atin, isang balik lang, then
we apply the local law.

To illustrate, namatay sa State A, Philippine law, art. 16, so ang iaapply natin
national law of state B. Kaya lang dalawa ang batas ni state B, so we apply the
conflict of law rule, kung saan binabalik ulit sa pilipinas. Pag balik sa pilipinas, we
now apply the system of law in succession.

We now go to probate. Pag sinabing probate, it is an adjudication of the extrinsic, the

formalities of a will. It does not pass upon the validity of the provision of the will.
But take note ha, unless the will is probated, it cannot be given legal effect. Walang
bisa ang anumang testamento na hindi dumaan sa probate.

Q: A, a Filipino citizen, is residing in China. He executed a last will and testament in

accordance with the formalities of Chinese law.
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1st question: Suppose that will, executed by a Filipino in China, was already probated
in China. Is there a need to re- probate the will in the Philippines. Kailangan bang i-
re probate ulit?
2nd question- Since nasa China na siya, pwede bang gamitin niya ang Chinese law sa
distribution ng kanyang estate?

1st question- kung na probate na, hindi na kailangang ire-probate sa pilipinas. That
probate is already admissible in the Philippines provided that you comply with the
provisions of the civil code and the rules of court on the presentation of proof that
the document, the will, was validly probated abroad. So magkakaroon pa rin ng
judicial proceedings sa pilipinas pero hindi na probate. Authentication nalang or
reinforcement. Ngayon, kung Pilipino nasa China gumawa ng testamento sa China,
can he apply Chinese law in the distribution of estate?

A: No. Again, under the Philippine laws, it is the national law of the decedent. At
kahit na gustuhin niya yun, wala ring bisa yung kanyang testamentary provisions
under Philippine law. It will be nullified. Ang masusunod pa rin ay Philippine law on
compulsory heirs.

Q: In case, a will has already been probated abroad, is there a need to notify known
heirs, etc.?
A: Yes. Kailangan ipaalam sakanila under Rule 76 and Rule 27 na mayroong last will
ang inyong namatay na lolo/ lola at kayo ay kasama sa mga pinangalanan.
Q: May a will of an alien, foreigner produce an effect in the Philippines?
A: Yes. Art. 816 specifically provides the rules that will govern for wills executed by
foreigners either in the Philippines or outside the country. The rule of thumb, the
general rule is that the extrinsic validity is governed by the law of the place where
the will was executed either here or abroad. But intrinsic validity is governed by the
national law of the decedent regardless of where the will was executed.
Q: What evidence are necessary for the allowance of wills which have been probated
outside of the Philippines?
A: Diba sabi ko sa inyo kailangan pa rin ng judicial proceeding para patunayan na
itong testamento ito ay na-probate na sa ibang bansa. And what do you have to
prove? Di na kinakailangang ire- litigate. Ito lang ang kailangan mong ipakita under
Suntay v. Suntay:

1. The due execution of the will in accordance with the foreign laws;
2. The testator has his domicile in the foreign country and not in the
Philippines;
3. The will has been admitted to probate in such country;
4. The fact that the foreign tribunal is a probate court; and
5. The laws of a foreign country on procedure and allowance of wills.

Q: Paano kung last will and testament ng isang foreigner sa ibang bansa ginawa,
hindi naprobate doon, pwede bang iprobate yun sa pilipinas? Are the facts clear?
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Foreigner, executing a will abroad, gusto ng mga kamag-anak sa pilipinas iprobate.

Pwede ba yun?
A: Yes. Rule 73 and Rule 76. Sabi ng supreme court sa recent case in Palaganas v.
Palaganas, there is nothing in our laws which requires that a foreign will must be
first probated abroad before it takes effect in the Philippines. It can be probated in
the Philippines even if it was a foreign will and not probated abroad. The rules do
not require proof that the foreign will has already been allowed and probated in the
country of its execution. So take note ha, hindi sa pilipinas ginawa yung will,
therefore hindi Philippine law ang magapply sa extrinsic validity. Ang magaapply ay
yung foreign law pa rin kung saan siya ginawa diba? Tapos since foreigner ang
gumawa, ang magaapply ay hindi Philippine law kung hindi national law nung
foreigner. Pero sa pilipinas ipprobate, pwede sabi ng Supreme Court kahit na hindi
Philippine law ang magapply- both as to intrinsic and extrinsic.

The last part is revocation of wills. Eto medyo komplikado, so I would like you to
pay attention. Just to simplify the rules, medyo mahaba yung rules. Pag may
question tungkol sa revocation of will, at tatanungin kayo what law will govern ang
general rule na dapat lagi niyong tandaan, it will be governed by the law of the place
where the revocation was made. THAT IS NOT ALWAYS TRUE HA. That is not
always true. You take note of the laws and the rules. Mayroong instances na
domiciliary ang gagamitin, may instances na yung place of the national law. BUT
THE RULE OF THUMB, PARA HINDI KAYO MA-MALI, IS THE LAW OF THE PLACE OF
REVOCATION. Tignan natin:

Under Art. 829 of The Civil Code, A revocation done outside the Philippines by a
person who doesn’t reside here is valid if it is done in accordance with the law of the
place and his domiciliary law- the law of the place where he resides and the law of
the place where he was revoked. If the revocation is done outside of the Philippines,
by someone who resides in the Philippines, then it will be governed by the
Philippine Law or the law of the place of revocation.

Third, If the revocation takes place in the Philippines, kahit na foreigner of Pilipino,
then Philippine law will apply, diba? So sa tatlong rules na yan, ano ang common
denominator? Law of the place of revocation. Do you understand, ha?

So sample problem.
Q: An American national revokes his will in Japan where he is domiciled. He then
changed his domicile to the Philippines where he dies. The revocation of his will in
Japan is valid under Japanese law but invalid under Philippine law. The affected heir
is a Chinese national residing in the Philippines. What law will apply?
A: Hindi ko na diniscuss yung revocation ha. Yung tearing, destruction, burning etc.
Sa succession na yan, okay? I’m sure inaaral niyo na yan yun doon. Dito, yung
conflict of laws ang problema natin.
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So what law will apply? Saan ba niya nirevoke? Japan. Then rule of thumb is
Japanese law will apply.

Q: If a will is executed by a testator who was born a Filipino citizen but became a
naturalized Japanese at the time of his death, what law will govern in testamentary
provisions if the will is executed in China, and the property being disposed is located
in Indonesia?

A: Sa hinahaba haba ng problem, ang tinatanong lang naman, what law will govern
the testamentary provisions. Ano ang rule? National law of the decedent. Bakit, sino
ba yung namatay? Pilipino nung pinaganak, Japanese nung namatay. So Japanese
law will govern, diba? So kahit balik baliktarin ang bar questions basta alam niyo
yung principles diba, kayang sagutin ang tanong.

Q: A Japanese national executed a will in Thailand. The properties referred to in the

will are located in Singapore. The heirs are Filipino nationals residing in the
Philippines. What law will govern the distribution of the estate of the heirs if the will
is probated in Manila?

Palitan natin yung facts. Isa lang naman yung hinahanap diba? Distibution of the
estate? What law will govern?

A: Sino ba yung namatay? Japanese. So Japanese law.

Q: Mika, the French daughter of Adolf, a German national, died in Spain leaving real
properties in the Philippines as well as valuable personal properties in Manila.
Assuming that the estate of the decedent is being settled in the Philippines, what law
will govern the determination of the validity of the testamentary dispositions in the
will?
A: Ano ba ang rule natin pag testamentary dispositions? National law of the
decedent, okay. So sino ba yung namatay? Si Mika o si Adolf? O, interesting diba?
Mika diba? French daughter. So French law will apply.

Q: Pedro, a Filipino, executed a will before the Philippine consulate in Malaysia. He

only had 2 witnesses in the execution of the will. The will is valid under Malaysian
law. The properties to be distributed to the heirs are located in Australia, The heirs
are American nationals residing in New York. What law will govern the probate
proceedings held in Manila?
A: Of course Philippine law, probate proceedings eh. And in any case, the place of
execution kahit sa Malaysian, is in the Philippine consulate eh. So Philippine law will
still apply diba?

Q: (Refer to the 39th slide) What law will govern the intrinsic validity of Lorenzo’s
will? Ano ba ang nationality ni Lorenzo? American na siya. Pinanganak siyang
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Pilipino, pero naging amerikano siya diba. So American law will apply because
national law of the decedent.

Q: Naprobate na sa ibang bansa should the will be re-probated in the Philippines?

A: No more diba. Although kailangan ng judicial proceeding to authenticate
reinforce.
Q: Was the foreign divorce obtained by Lorenzo valid?
A: Yes kasi amerikano na siya when he secured the divorce.

This is an actual case, andiyan yan sa syllabus. So for purposes of reviewing, you
need to review the cases ha, kasi kasama yan sa exam and sa quiz.

Q: A Filipino couple, Mr. James Yap and Kris Aquino- Yap (Medyo luma na tong facts
na to. Sino na ba ang bagong love affair ni Kris?) They decided to adopt a Baby
James, an orphan from St. Claire’s orphanage in New York. They loved and treated
him like a legitimate child for they have none of their very own. However, James Yap
died in an accident at sea, followed to the grave a year later by his sick father, Mr.
Tony Yap. Each left a sizeable estate consisting of bank deposits, lands and buildings
in Manila. May the adopted Child, Baby James, inherit from James Yap? May he also
inherit from Tony Yap? Is there a difference between the two instance? Why?
A: So Baby James can inherit from James Yap because this will be governed by
Philippine law, diba? Because he was Filipino when he died. Under article 1039 the
capacity of an heir to succeed is governed by the national law of the decedent and
not the national law of the heir. Kasi yung bata is American diba? Hence, whether or
not Baby James can inherit from James Yap is determined by Philippine Law. And
under Philippine Law, the adopted inherits from the adopter as a legitimate child of
the adopter.

Q: Eh paano yung lolo? Pwede ba siyang maginherit sa lolo niya?

A: Baby James, however, cannot inherit in his own right from the father of the
adopter, Tony Yap, because he is not a legal heir of Tony Yap. The legal fiction of
adoption exists only between the adopted and the adopter. Neither may he inherit
from Tony Yap by representation. Diba unang namatay yung tatay niya pwede bang
siya ang pumalit sa mana ng kanyang tatay? Because in representation, the
representative must be a legal heir. Not only of the person he is representing but
also of the decedent from whom the represented was supposed to inherit.

Q: Sam Milby was born in California, USA of Filipino parents. Sam is thus considered
a US citizen under US laws and a Filipino national under Philippine laws. He has
properties in San Francisco and Manila. He spends 6 months of each year in the US
and the rest of the time in Manila. He is a movie actor and tv personality in the
Philippines. He died in Manila, and in his will he declared that the disposition of his
estate should be governed by US laws.
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a.) How should a Philippine court adjudicate the successional rights to his
estate?
b.) What law will govern the disposition of his estate?

So eto, dalawa ang kanyang nationality. Pilipino na, amerikano pa. Ano yung rule
natin dito? EFFECTIVE NATIONALITY LINK. Philippine law shall govern the
disposition of the entire estate. Bakit natin nasabi na Philippine law? Eh saan ba siya
artista, dito lang naman eh, dun di naman siya kilala doon. So under the effective
nationality link, bagamat pumupunta rin siya ng 6 months doon, alam naman natin
na dito ang kanyang main source of livelihood. Dito yung kanyang domiciliary. Dito
yung kanyang work, and presumably dito siya nagbabayad ng kanyang income tax.