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%)
Suggested answer only. Not an official answer and not legal advice.
(a) Yes, the joint will is valid; (b) yes, it can produce legal effect if reprobated; and (c) no, it is not an example of dépeçage.
Under Article 816 of the Civil Code, an alien's foreign will produces effect in the Philippines if valid under their national law, as Article 819 applies only to Filipinos. Under Rule 77, a foreign will allowed abroad may be reprobated in local courts. Dépeçage is a process where distinct issues are governed by laws of different states.
Here, Alden and Stela were American citizens, making the prohibition on joint wills inapplicable. The will takes effect over local properties once reprobated in the Philippines. Dépeçage is absent since no different laws govern separate issues.
Therefore, the joint will is valid, produces effect through reprobate, and does not constitute dépeçage.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
Under Article 816 of the Civil Code, when is a will executed abroad by a naturalized American citizen valid in the Philippines?
An alien's will executed abroad is valid in the Philippines if made according to his national law or the law of execution.
Does the prohibition against joint wills under Article 819 of the Civil Code apply to former Filipinos who became naturalized US citizens?
Article 819's prohibition on joint wills applies exclusively to Filipino citizens, not naturalized aliens.
What procedural remedy is required for a foreign joint will allowed in a US court to affect real properties in the Philippines?
A foreign will allowed abroad must undergo reprobate under Rule 77 to affect properties in the Philippines.
What is dépeçage in Private International Law?
Dépeçage is a conflict of laws phenomenon where different issues in a case are governed by different state laws.
Why is the situation of Alden and Stela not an example of dépeçage?
Dépeçage is absent because no conflict exists requiring different state laws to govern separate legal issues.
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.