Applicable Laws; Arts 15, 16 & 17 (1998)
Civil Code), or (b) Philippine law, by implication
Juan is a Filipino citizen residing in Tokyo, Japan. State what
laws govern:
1 His capacity to contract marriage in Japan, [ 1%]
2 His successional rights as regards his deceased
Filipino father's property in Texas, U.S.A. [1%]
3 The extrinsic validity of the last will and testament
which Juan executed while sojourning in Switzerland. [2%]
4 The intrinsic validity of said will. (1%)
SUGGESTED ANSWER:
1. Juan's capacity to contract marriage is
governed by Philippine law -i.e., the Family Code -pursuant
to Art. 15, Civil Code, which provides that our laws relating
to, among others, legal capacity of persons are binding upon
citizens of the Philippines even though living abroad.
SUGGESTED ANSWER:
2. By way of exception to the general rule of lex rei sitae
prescribed by the first paragraph of Art. 16. Civil Code, a
person's successional rights are governed by the national law
of the decedent (2nd par.. Art. 16). Since Juan's deceased
ANOTHER ANSWER:
2. Juan's successional rights are governed by Philippine law,
pursuant to Article 1039 and the second paragraph of Article
16, both of the Civil Code. Article 1039, Civil Code, provides
that capacity to succeed shall be governed by the "law of the
nation" of the decedent, i.e.. his national law. Article 16
provides in paragraph two that the amount of successional
rights, order of succession, and intrinsic validity of
testamentary succession shall be governed by the "national
law" of the decedent who is identified as a Filipino in the
present problem.
SUGGESTED ANSWER:
3. The extrinsic validity of Juan's will is governed by (a)
Swiss law, it being the law where the will was made (Art. 17.
1st par.
from the provisions of Art. 816, Civil Code, which allows
even an alien who is abroad to make a will in conformity
with our Civil Code.
SUGGESTED ANSWER:
4. The intrinsic validity of his will is governed by Philippine
law, it being his national law. (Art. 16, Civil Code)
Applicable Laws; Arts 15, 16, 17 (2002)
Felipe and Felisa, both Filipino citizens, were married in Malolos,
Bulacan on June 1, 1950. In 1960 Felipe went to the United
States, becoming a U.S. citizen in 1975. In 1980 they
obtained a divorce from Felisa, who was duly notified of the
proceedings. The divorce decree became final under
California Law. Coming back to the Philippines in 1982, Felipe
married Sagundina, a Filipino Citizen. In 2001, Filipe,
then domiciled in Los Angeles, California, died, leaving one
child by Felisa, and another one by Sagundina. He left a will
which he left his estate to Sagundina and his two children and
nothing to Felisa. Sagundina files a petition for the probate of
Felipe’s will. Felisa questions the intrinsic validity of the will,
arguing that her marriage to Felipe subsisted despite the
divorce obtained by Felipe because said divorce is not
recognized in the Philippines. For this reason, she claims that
the properties and that Sagundina has no successional rights.
A. Is the divorce secured by Felipe in California
recognizable and valid in the Philippines? How does it affect
Felipe’s marriage to Felisa? Explain. (2%).
B. What law governs the formalities of the will? Explain.
(1%)
C. Will Philippine law govern the intrinsic validity of the will?
Explain. (2%)
SUGGESTED ANSWER:
A. (1.) The divorce secured by Felipe in California is
recognizable and valid in the Philippines because he was no
longer a Filipino at that time he secured it, Aliens may obtain
divorces abroad which may be recognized in the Philippines
provided that they are valid according to their national law
(Van Dorn V. Romillo, Jr., 139 SCRA 139 [1985]; Quita v. Court of
Appeals, 300 SCRA 406 [1998]; Llorente v. Court of
Appeals, 345 SCRA 595 [2000] ).
(2). With respect to Felipe the divorce is valid, but with respect
to Felisa it is not. The divorce will not capacitate
Felisa to remarry because she and Felipe were both Filipinos at
the time of their marriage. However, in DOJ Opinion No.
134 series of 1993, Felisa is allowed to remarry because the
injustice sought to be corrected by Article 26 also obtains in
her case.
SUGGESTED ANSWER:
B. The foreigner who executes his will in the Philippines may
observed the formalities described in:
1. The Law of the country of which he is a citizen under Article
817 of the New Civil Code, or
2. the law of the Philippines being the law of the place of
execution under Article 17 of the New Civil Code.
SUGGESTED ANSWER:
C. Philippine law will not govern the intrinsic validity of the will.
Article 16 of the New Civil Code provides that intrinsic
validity of testamentary provisions shall be governed by the
National Law of the person whose succession is under
consideration. California law will govern the intrinsic validity
of the will.
Applicable Laws; Succession; Intestate & Testamentary (2001)
Alex was born a Filipino but was a naturalized Canadian citizen
at the time of his death on December 25, 1998. He left
behind a last will and testament in which he bequeathed all
his properties, real and personal, in the Philippines to his
acknowledged illegitimate Fillpina daughter and nothing to his
two legitimate Filipino sons. The sons sought the annulment of
the last will and testament on the ground that it
deprived them of their legitimes but the daughter was able to
prove that there were no compulsory heirs or legitimes under
Canadian law. Who should prevail? Why? (5%)
SUGGESTED ANSWER:
The daughter should prevail because Article 16 of the New
Civil Code provides that intestate and testamentary
succession
shall be governed by the national law of the person whose
succession is under consideration.
Applicable Laws; Sucession of Aliens (1995)
Michelle, the French daughter of Penreich, a German
national, died in Spain leaving real properties in the Philippines
as well as valuable personal properties in Germany.
1. What law determines who shall succeed the deceased?
Explain your answer and give its legal basis.
2. What law regulates the distribution of the real properties in
the Philippines? Explain your answer and give its legal basis.
3. What law governs the distribution of the personal properties
in Germany? Explain your answer and give its legal basis.
SUGGESTED ANSWER:
Assuming that the estate of the decedent is being settled in
the Philippines)
1. The national law of the decedent (French law) shall govern
in determining who will succeed to his estate. The legal basis is
Art. 16 par. 2, NCC.
ALTERNATIVE ANSWER:
French law shall govern the distribution of his real properties in
the Philippines except when the real property is land which
may be transmitted to a foreigner only by hereditary
succession.
SUGGESTED ANSWER:
2. The distribution of the real properties in the Philippines shall
be governed by French law. The legal basis is Art. 16, NCC).
SUGGESTED ANSWER:
shall be governed by French law. The legal basis is Art. 16,
NCC).
Applicable Laws; Wills executed abroad (1993)
A, a Filipino, executed a will in Kuwait while there as a contract
worker. Assume that under the laws of Kuwait, it is enough that
the testator affix his signature to the presence of two witnesses
and that the will need not be acknowledged before a notary
public. May the will be probated in the Philippines?
SUGGESTED ANSWER:
Yes. Under Articles 815 and 17 of the Civil Code, the formality
of the execution of a will is governed by the law of the place
of execution. If the will was executed with the
formalities prescribed by the laws of Kuwait and valid there as
such, the will is valid and may be probated in the Philippines.
Amount of Successional Rights (2004)
Mr. XT and Mrs. YT have been married for 20 years. Suppose the
wife, YT, died childless, survived only by her husband, XT. What
would be the share of XT from her estate as inheritance? Why?
Explain. (5%)
SUGGESTED ANSWER:
Under the Civil Code, the widow or widower is a legal and
compulsory heir of the deceased spouse. If the widow is the
only surviving heir, there being no legitimate ascendants,
descendants, brothers, and sisters, nephews and nieces, she
gets the entire estate.
Barrier between illegitimate & legitimate relatives (1993)
A is the acknowledged natural child of B who died when A
was already 22 years old. When B's full blood brother, C, died
he (C) was survived by his widow and four children of his other
brother D. Claiming that he is entitled to inherit from his father's
brother C. A brought suit to obtain his share in the estate of C.
Will his action prosper?
SUGGESTED ANSWER:
No, the action of A will not prosper. On the premise that B, C
and D are legitimate brothers, as an illegitimate child of B,
A cannot inherit in intestacy from C who is a legitimate brother
of B. Only the wife of C in her own right and the legitimate
relatives of C (i.e. the children of D as C's legitimate nephews
inheriting as collateral relatives) can inherit in intestacy. (Arts.
992, 1001, 1OO5 and 975, Civil Code)
Barrier between illegitimate & legitimate relatives (1996)
Cristina the illegitimate daughter of Jose and Maria, died
intestate, without any descendant or ascendant. Her valuable
estate is being claimed by Ana, the legitimate daughter of
Jose, and Eduardo, the legitimate son of Maria. Is either, both,
or neither of them entitled to inherit? Explain.
SUGGESTED ANSWER:
Neither Ana nor Eduardo is entitled to inherit of ab intestate
from Cristina. Both are legitimate relatives of Cristina's
illegitimate parents and therefore they fall under the
prohibition prescribed by Art. 992, NCC (Manuel v. Ferrer, 242
SCRA 477; Diaz v. Court of Appeals, 182 SCRA
427).