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.
Art. 810. A person may execute a holographic will which must be entirely written, dated, and signed by the
hand of the testator himself. It is subject to no other form, and may be made inor out of the Philippines, and
need not be witnessed
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. (n)
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. (n)
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. (n)
Art. 818. Two or more persons cannot make a will jointly, or in the same instrument, either for their reciprocal
benefit or for the benefit of a third person. (669)
Art. 819. 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.
In re Will of Rev. Abadia, 50 O.G. #9, p. 4185
- To determine the law applicable to a will, the determining factor shall be at the time or date it was
executed.
- Article 795 of the New Civil Code provides: The validity of a will as to its form depends upon the
observance of the law in force at the time it is made. The validity of a will is to be judged not by
the law enforced at the time of the testators death or at the time the supposed will is presented in
court for probate or when the petition is decided by the court but at the time the instrument is
executed.
Fleumer v. Hix, 54 Phil. 610
- 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 provides.
- The courts of the Philippines are not authorized to take judicial notice of the laws of the various
States of the American Union. Such laws must be proved as facts. Here the requirements of law
were not met. There was no showing that the book from which an extract was taken was printed or
published under the authority of the state of West Va. as provided in the Code of Civil Procedure;
nor was the extract from the law attested by the certificate of the officer having charge of the
original.
Estate of Giberson, 48 O.G. #7, 2657
- If an alien executes a will in the Philippines, not in conformity with our law, but in conformity with
the law of his own state or country, the will can be probated in the Philippines.
- The requirement of law is that it must comply with the laws of the country where it was executed
for validity and not probate on the country for execution.
- An alien who makes a will in a place other than his country is permitted to follow the laws of his
own country as sanctioned by the Civil Code. On the other hand, the Rules provide that wills proved
and allowed in a foreign country, according to the laws of such country, may be allowed, filed and
recorded by the proper Court of First Instance in the Philippines.
Dela Cerna v. Potot, 12 SCRA 576
- In a joint will of husband and wife, the probate decree of the will of the husband could only affect
the share of the deceased husband. The validity of the will in so far as the wife is concerned must
be on her death and adjudicated de novo, since a joint will is considered a separate will.
- A will void on its face can be probated.
Estate of Rodriguez, 46 O.G. # 2, p. 584
- Neither old age, physical infirmities feebleness of mind, weakness of the memory, the appointment
of a guardian, nor eccentricities are sufficient singly or jointly to show testamentary incapacity.
- The provision in the rules of court invoked by the oppositors does not disallow an administration
proceeding. It merely gives an option to the heirs not to undertake such proceeding.
