Johnny, a naturalized citizen of the United States of America (USA) but formerly a Filipino citizen, executed a notarial will in accordance with the laws of the State of California, USA. Johnny, at the time of his death, was survived by his niece Anastacia, an American citizen residing at the condominium unit of Johnny located at Fort Bonifacio, Taguig City; a younger brother, Bartolome, who manages Johnny’s fish pond in Lingayen, Pangasinan; and a younger sister, Christina, who manages Johnny’s rental condominium units in Makati City. Johnny’s entire estate which he inherited from his parents is valued at P200 million. Johnny appointed Anastacia as executrix of his will. (4%)
(A) Can Johnny’s notarial will be probated before the proper court in the Philippines?
(B) Is Anastacia qualified to be the executrix of Johnny’s notarial will?
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(A) Yes, Johnny's notarial will can be probated in the Philippines; and (B) yes, Anastacia is qualified to be the executrix of the will. Under Rule 73, Section 1 and Rule 76 of the Rules of Court, a will executed abroad by
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Quick check
Can a foreign will executed by an alien abroad be originally probated in the Philippines if the decedent left property in the country?
A foreign will executed by an alien abroad may be probated in the Philippines if the decedent left property here.
Is an American citizen residing in Taguig City qualified to be appointed as an executrix of a foreign will probated in the Philippines?
Alienage does not disqualify an executor provided the appointee actually resides in the Philippines.
Where is the proper venue for the settlement of the estate of a non-resident alien who died leaving properties in Taguig, Makati, and Pangasinan?
Venue for a non-resident decedent's estate lies in the RTC of any province or city where property was left.
Which of the following is an explicit ground for disqualification of an executor under Rule 78, Section 1 of the Rules of Court?
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Under Article 816 of the Civil Code, what law governs the formal validity of a will executed abroad by an alien?
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1. Foreign Will Probate
Under Rule 76 of the Rules of Court and Article 816 of the Civil Code, a will executed abroad by an alien in accordance with the laws of the place of execution or residence may be probated in the Philippines. Our courts have jurisdiction to probate a foreign will if the decedent left real or personal estate in the Philippines, even prior to or without requiring previous probate proceedings in a foreign tribunal. The law does not mandate prior foreign probate as a jurisdictional condition precedent for allowance of a foreign will in local courts.
2. Executor Qualifications
Under Rule 78, Section 1 of the Rules of Court, no person is competent to serve as an executor or administrator who is a minor, non-resident of the Philippines, or declared by the court unfit to execute the duties of the trust by reason of drunkenness, improvidence, or lack of understanding or integrity. Alienage or foreign citizenship is not a ground for disqualification of an executor. As long as an alien executor actually resides in the Philippines and possesses full legal capacity, the court may issue letters testamentary.
3. Special Proceedings Venue
Under Rule 73, Section 1 of the Rules of Court, if the decedent was an inhabitant of a foreign country at the time of death, the venue for the settlement of his estate lies in the Regional Trial Court of any province or city in which he left property. Where a non-resident decedent leaves real properties situated in multiple cities, the court first taking cognizance of the settlement proceedings acquires exclusive jurisdiction to probate the will and administer the entire estate.