2015 Civil Law, Q1

Alden and Stela were both former Filipino citizens. They were married in the Philippines but they later migrated to the United States where they were naturalized as American citizens. In their union they were able to accumulate several real properties both in the US and in the Philippines. Unfortunately, they were not blessed with children. In the US, they executed a joint will instituting as their common heirs to divide their combined estate in equal shares, the five siblings of Alden and the seven siblings of Stela. Alden passed away in 2013 and a year later, Stela also died. The siblings of Alden who were all citizens of the US instituted probate proceedings in a US court impleading the siblings of Stela who were all in the Philippines.
a) Was the joint will executed by Alden and Stela who were both former Filipinos valid? Explain with legal basis. (3%)
b) Can the joint will produce legal effect in the Philippines with respect to the properties of Alden and Stela found here? If so, how? (3%)
c) Is the situation presented in Item I an example of depe9age? (2%)

Quick check

Under Article 816 of the Civil Code, when is a will executed abroad by a naturalized American citizen valid in the Philippines?

Does the prohibition against joint wills under Article 819 of the Civil Code apply to former Filipinos who became naturalized US citizens?

What procedural remedy is required for a foreign joint will allowed in a US court to affect real properties in the Philippines?

What is dépeçage in Private International Law?

Why is the situation of Alden and Stela not an example of dépeçage?

Learn more about these topics

1. Foreign Joint Wills
Under Article 816 of the Civil Code, a will executed abroad by an alien produces legal effect in the Philippines if it is made in accordance with the formalities prescribed by the law of the place where it was executed or by his national law. Although Article 819 of the Civil Code strictly prohibits Filipinos from executing joint wills anywhere, this statutory prohibition does not extend to foreign citizens. Naturalized foreign citizens who execute a joint will in their country of citizenship validly exercise their testamentary capacity under their national law.

2. Reprobate of Wills
Under Rule 77 of the Rules of Court, a will proved and allowed in a foreign country according to the laws of such country may be allowed, filed, and recorded in the proper Regional Trial Court in the Philippines. This judicial procedure, known as reprobate, is necessary to give legal effect to the foreign joint will with respect to real properties located in the Philippines. The local court must verify that the foreign will was duly probated abroad and that the foreign court had jurisdiction over the estate.

3. Depecage Conflict Doctrine
Dépeçage is a legal phenomenon in Conflict of Laws where different aspects or issues of a single transaction or legal relationship are governed by the laws of different states. In succession, if the governing law on testamentary capacity, formal validity, and intrinsic validity are split among distinct state laws, dépeçage arises. Where a single national law governs all aspects of the estate distribution without conflict or fragmentation across different legal systems, the conflict-of-laws doctrine of dépeçage does not apply.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026