In the realm of Private International Law (Conflict of Laws), the Philippine legal system provides a robust framework for determining which law governs the validity of a will. Central to this framework is the principle of Lex Loci Celebrationis—the law of the place of execution—balanced against the national law of the testator.
Understanding how these foreign laws interact with the Civil Code of the Philippines is crucial for ensuring that a will executed abroad remains enforceable within our jurisdiction.
1. The Principle of Lex Loci Celebrationis
Derived from the Latin "the law of the place where the ceremony is celebrated," this principle dictates that the formal validity of a will is governed by the laws of the country where it was executed.
Under Article 17 of the Civil Code, the forms and solemnities of contracts, wills, and other public instruments are governed by the laws of the country in which they are executed. If a Filipino or a foreigner executes a will in Japan, for instance, and follows Japanese legal formalities, that will is generally considered formally valid in the Philippines.
2. Wills Executed by Aliens Abroad
The Philippine Civil Code is particularly accommodating toward wills made by foreigners outside our borders. Article 816 provides multiple options for the formal validity of such wills. A will made by an alien abroad is considered valid in the Philippines if it complies with:
- The laws of the state where he resides;
- The laws of his own country (lex patriae);
- The laws of the Philippines; or
- The laws of the place of execution (Lex Loci Celebrationis).
3. Wills Executed by Filipinos Abroad
For Filipino citizens, the rules are slightly more streamlined but equally flexible. Under Article 815, when a Filipino is in a foreign country, he may make a will in any of the forms established by the law of the country in which he may be.
Even if the Filipino citizen does not follow the specific formalities of Philippine law (such as the requirement for three witnesses in an attested will), the will is valid here as long as it is valid where it was executed.
4. The Prohibition of Joint Wills
One significant exception to the Lex Loci Celebrationis rule is the Joint Will.
- Article 818 of the Civil Code strictly prohibits two or more persons from making a will jointly, whether for their reciprocal benefit or for the benefit of a third person.
- Article 819 extends this to wills executed by Filipinos in a foreign country, even if joint wills are legal in that jurisdiction. This is considered a matter of public policy in the Philippines.
5. Intrinsic Validity: The National Law
While Lex Loci Celebrationis governs the form (how the will is made), the intrinsic validity (the substance, such as who inherits and how much) is governed by Article 16 of the Civil Code.
"Legal succession, both with respect to the order of succession and to the amount of successional rights and the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found."
This means that even if a will is formally valid under foreign law, the distribution of the estate must still respect the successional rights (such as legitimes) defined by the testator's national law.
6. The Necessity of Probate (Reprobate)
A will executed abroad, even if valid under Lex Loci Celebrationis, does not automatically have legal effect in the Philippines. It must undergo probate—the judicial process of proving the will's validity.
If the will has already been probated in a foreign country, it must undergo reprobate in the Philippines. The proponent must prove:
- That the testator was domiciled in the foreign country.
- That the will was admitted to probate in said country by a competent court.
- That the foreign court was a probate court with jurisdiction.
- The laws of the foreign country on procedure and proof of wills.
7. Proving Foreign Law: The Processual Presumption
A critical hurdle in these cases is that Philippine courts do not take judicial notice of foreign laws. If a party relies on Lex Loci Celebrationis to prove a will's validity, they must formally plead and prove the foreign law as a fact.
If the foreign law is not properly proven, the doctrine of Processual Presumption applies: the court will assume that the foreign law is the same as Philippine law.
Summary Table: Validity of Wills in Conflict of Laws
| Aspect of Will | Governing Law | Legal Basis |
|---|---|---|
| Formal Validity (Form) | Lex Loci Celebrationis (Place of execution) or National Law | Art. 17, 815, 816 |
| Intrinsic Validity (Content) | National Law of the Testator | Art. 16, par. 2 |
| Capacity to Succeed | National Law of the Decedent | Art. 1039 |
| Joint Wills (for Filipinos) | Philippine Law (Prohibited) | Art. 818, 819 |