WILLS AND SUCCESION estate to be disposed of, the proper objects of his

bounty, and the character of the testamentary act.

Foreign Element in Wills and Succession

 A will executed overseas Article 800. The law presumes that every person is
 A foreigner dying within the Philippine territory of sound mind, in the absence of proof to the
contrary.
and leaving properties here and abroad
 A Filipino dying overseas with properties in the
The burden of proof that the testator was not of
Philippines sound mind at the time of making his dispositions is
 A testator specifying a foreign law to govern the on the person who opposes the probate of the will;
disposition of his estate but if the testator, one month, or less, before making
his will was publicly known to be insane, the person
who maintains the validity of the will must prove that
1. WILLS AND SUCCESSION IN GENERAL the testator made it during a lucid interval.

Article 774. Succession is a mode of acquisition by SUBSECTION 3. Forms of Wills

virtue of which the property, rights and obligations
to the extent of the value of the inheritance, of a Article 804. Every will must be in writing and
person are transmitted through his death to another executed in a language or dialect known to the
or others either by his will or by operation of law. testator.

Two (2) kind of Will Article 805. Every will, other than a holographic will,
must be subscribed at the end thereof by the
a. Notarial Will
testator himself or by the testator's name written by
b. Holographic Will
some other person in his presence, and by his
Article 783. A will is an act whereby a person is express direction, and attested and subscribed by
permitted, with the formalities prescribed by law, to three or more credible witnesses in the presence of
control to a certain degree the disposition of this the testator and of one another.
estate, to take effect after his death.
The testator or the person requested by him to write
Article 784. The making of a will is a strictly personal his name and the instrumental witnesses of the will,
act; it cannot be left in whole or in part to the shall also sign, as aforesaid, each and every page
discretion of a third person, or accomplished thereof, except the last, on the left margin, and all
through the instrumentality of an agent or attorney. the pages shall be numbered correlatively in letters
placed on the upper part of each page.
Article 798. In order to make a will it is essential that
the testator be of sound mind at the time of its The attestation shall state the number of pages used
execution. upon which the will is written, and the fact that the
testator signed the will and every page thereof, or
Article 799. To be of sound mind, it is not necessary caused some other person to write his name, under
that the testator be in full possession of all his his express direction, in the presence of the
reasoning faculties, or that his mind be wholly instrumental witnesses, and that the latter witnessed
unbroken, unimpaired, or unshattered by disease, and signed the will and all the pages thereof in the
injury or other cause. presence of the testator and of one another.

It shall be sufficient if the testator was able at the If the attestation clause is in a language not known
time of making the will to know the nature of the to the witnesses, it shall be interpreted to them.

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Article 806. Every will must be acknowledged before shall have the same effect as if executed according
a notary public by the testator and the witnesses. The to the laws of the Philippines.
notary public shall not be required to retain a copy
of the will, or file another with the office of the Clerk Article 818. Two or more persons cannot make a will
of Court. jointly, or in the same instrument, either for their
reciprocal benefit or for the benefit of a third person.
Article 810. A person may execute a holographic will
Article 819. Wills, prohibited by the preceding
which must be entirely written, dated, and signed by
article, executed by Filipinos in a foreign country
the hand of the testator himself. It is subject to no
other form, and may be made in or out of the shall not be valid in the Philippines, even though
Philippines, and need not be witnessed. authorized by the laws of the country where they
may have been executed.
Article 815. When a Filipino is in a foreign country,
Article 829. A revocation done outside the
he is authorized to make a will in any of the forms
Philippines, by a person who does not have his
established by the law of the country in which he
may be. Such will may be probated in the Philippines. domicile in this country, is valid when it is done
according to the law of the place where the will was
Article 816. The will of an alien who is abroad made, or according to the law of the place in which
produces effect in the Philippines if made with the the testator had his domicile at the time; and if the
formalities prescribed by the law of the place in revocation takes place in this country, when it is in
which he resides, or according to the formalities accordance with the provisions of this Code.
observed in his country, or in conformity with those
3. PROBATE OF WILLS
which this Code prescribes.

2. EXTRINSIC VALIDITY OF WILLS IS GOVERNED  Refers to the authentication of a will in a probate

BY THE LAW OF THE COUNTRY WHERE IT IS proceeding in court concerning the capacity of
EXECUTED the testator and the compliance with those
requisites or solemnities which the law prescribes
Article 17. The forms and solemnities of contracts, for its validity.
wills, and other public instruments shall be governed  It is mandatory because under Article 838: No
by the laws of the country in which they are will shall pass either real or personal property
executed. unless it is proved and allowed in accordance
with the Rules of Court.
When the acts referred to are executed before the o Maninang vs CA
diplomatic or consular officials of the Republic of the o Gallanosa vs Arcangel
Philippines in a foreign country, the solemnities RULE 77
established by Philippine laws shall be observed in
their execution.
Allowance of Will Proved Outside of Philippines
and Administration of Estate Thereunder
Other CC provision on the extrinsic validity of
wills Section 1. Will proved outside Philippines may be
Article 817. A will made in the Philippines by a allowed here. — Wills proved and allowed in a
foreign country, according to the laws of such
citizen or subject of another country, which is
country, may be allowed, filed, and recorded by the
executed in accordance with the law of the country
proper Court of First Instance in the Philippines.
of which he is a citizen or subject, and which might
be proved and allowed by the law of his own country,

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Section 2. Notice of hearing for allowance. — When  The relationship established by adoption is
a copy of such will and of the order or decree of the limited to the adopter and the adopted ad does
allowance thereof, both duly authenticated, are filed not extend to the relatives of the adopting
with a petition for allowance in the Philippines, by parents or to the adopted child except only as
the executor or other person interested, in the court provided by law.
having jurisdiction, such court shall fix a time and
place for the hearing, and cause notice thereof to be
given as in case of an original will presented for
2. LOCAL AND FOREIGN ADOPTIONS
allowance.
Q: May an adoption rendered in a foreign
 Domiciliary or principal administrator country be recognized in the country?
 Ancillary Administration

4. SITUS OF SHARES OF STOCK, POWERS OF THE 3. FOREIGN ADOPTION IS VALID IN OUR

DOMICILIARY ADMINISTRATOR COUNTRY
o Tayag vs Benguet Consolidated, Inc EXCEPT: If public policy or the interests of its
inhabitants forbid its enforcement and demand the
5. LAW ON SUCCESSIONAL RIGHTS; INTRINSIC substitution of the lex fori.
VALIDITY
4. ..
Article 1039. Capacity to succeed is governed by 5. NATURE OF ADOPTION PROCEEDINGS
the law of the nation of the decedent.  In REM, hence summons by publication is
o Testate Estate if Bellis vs Bellis sufficient notice to the unknown parents of the
o Testate Estate of Bohanan vs Bohonan persons to be adopted is sufficient for the courts
o Miciano vs Brimo to acquire jurisdiction.

6. LAWS ON ADOPTION; HOW CONSTRUED

ADOPTION Ellis vs Republic: Non-resident aliens cannot
adopt since we cannot acquire jurisdiction over
INTRODUCTION his (ellis) status.
 Adoptions are governed by the law of the place
where the adoption is made. Article 335 of the Civil Code of the
 Adoptions made overseas are considered valid in Philippines, provides that:
our country so long as they are compliant with
the laws of the place where the adoption is “the following cannot adopt:
made. Xxx
(4) Non –resident aliens
1. ADOPTION, DEFINED Xxx

It is a juridical act, a proceeding in rem, which  Under RA 8043 (Inter-country Adoption) – An

creates between 2 persons a relationship similar alien or a Filipino citizen permanently residing
to that which results from legitimate paternity abroad may adopt.
any filiation.  Under RA 8552 (Domestic Adoption) – Aliens
 Only a court-approved adoption is valid in this may adopt provided hi country has diplomatic
jurisdiction. relations with the Philippines, and has resided in

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 the Philippines for at least 3 years prior to the estate in equal shares, one-third to be
filing of application. inherited by the illegitimate children, one-
third by the surviving spouse, and one-third
7. Effects or Consequences of Adoption by the adopters;
(5) When only the adopters survive, they shall
Art. 189. FC. Adoption shall have the following inherit the entire estate; and
effects: (6) When only collateral blood relatives of the
adopted survive, then the ordinary rules of
(1) For civil purposes, the adopted shall be deemed legal or intestate succession shall apply.
to be a legitimate child of the adopters and (39(4)a, PD 603)
both shall acquire the reciprocal rights and
obligations arising from the relationship of
parent and child, including the right of the RA 8552
adopted to use the surname of the adopters;
"Domestic Adoption Act of 1998"
(2) The parental authority of the parents by nature
over the adopted shall terminate and be vested
in the adopters, except that if the adopter is the
ARTICLE V
spouse of the parent by nature of the adopted,
EFFECTS OF ADOPTION
parental authority over the adopted shall be
exercised jointly by both spouses; and
Section 16. Parental Authority. – Except in cases
(3) The adopted shall remain an intestate heir of
where the biological parent is the spouse of the
his parents and other blood relatives. (39(1)a,
adopter, all legal ties between the biological
(3)a, PD 603)
parent(s) and the adoptee shall be severed and the
same shall then be vested on the adopter(s).
Art. 190. Legal or intestate succession to the
estate of the adopted shall be governed by the
Section 17. Legitimacy. – The adoptee shall be
following rules:
considered the legitimate son/daughter of the
adopter(s) for all intents and purposes and as such is
(1) Legitimate and illegitimate children and
entitled to all the rights and obligations provided by
descendants and the surviving spouse of the
law to legitimate sons/daughters born to them
adopted shall inherit from the adopted, in
without discrimination of any kind. To this end, the
accordance with the ordinary rules of legal or
adoptee is entitled to love, guidance, and support in
intestate succession;
keeping with the means of the family.
(2) When the parents, legitimate or illegitimate,
or the legitimate ascendants of the adopted
Section 18. Succession. – In legal and intestate
concur with the adopter, they shall divide the
succession, the adopter(s) and the adoptee shall
entire estate, one-half to be inherited by the
have reciprocal rights of succession without
parents or ascendants and the other half, by
distinction from legitimate filiation. However, if the
the adopters;
adoptee and his/her biological parent(s) had left a
(3) When the surviving spouse or the illegitimate
will, the law on testamentary succession shall govern.
children of the adopted concur with the
adopters, they shall divide the entire estate
in equal shares, one-half to be inherited by
the spouse or the illegitimate children of the
adopted and the other half, by the adopters.
(4) When the adopters concur with the
illegitimate children and the surviving spouse
of the adopted, they shall divide the entire
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