Navigating the intersection of international private law and Philippine succession can be complex. When a foreign national passes away leaving property in the Philippines, the legal framework shifts between the laws of their home country and the mandatory protections of the Philippine Constitution.
1. The Principle of Lex Nationalii
Under Article 16 of the Civil Code of the Philippines, the "national law" of the deceased governs the order of succession, the amount of successional rights, and the intrinsic validity of testamentary provisions.
- Rule: If a foreign parent dies, their own country's laws generally determine who the heirs are and how much they receive.
- The Renvoi Doctrine: If the foreign law refers the matter back to Philippine law (for example, if the foreign law says "succession of real property is governed by the law of the place where it is located"), Philippine courts may apply Philippine internal law to the estate.
2. The Distinction Between Land and Personal Property
While succession is governed by the national law of the deceased, the Philippine Constitution imposes strict limitations on the ownership of land.
- Land Ownership: Only Filipino citizens (or corporations with at least 60% Filipino ownership) can generally own land in the Philippines.
- The Hereditary Exception: Under Article XII, Section 7 of the 1987 Constitution, a non-Filipino child may only acquire land in the Philippines through legal succession (intestate). This means if the foreign parent dies without a will, the foreign child can inherit the land.
- The Will (Testamentary) Limitation: If the foreign parent leaves a will specifically bequeathing land to a non-Filipino child, this may be challenged as an attempt to circumvent the constitutional ban on foreign land ownership, unless the child is also a Filipino citizen.
3. Rights of Legitimate vs. Illegitimate Children
Philippine law is protective of "compulsory heirs." Even if a foreign law is applied, the status of the child—whether legitimate or illegitimate—must be established.
- Legitimacy: Generally determined by the laws of the country where the child was born or the national law of the father.
- Proof of Filiation: To claim inheritance, the child must provide documentary evidence, such as a birth certificate (authenticated or apostilled) or a judicial recognition of paternity.
4. The Concept of "Legitimes"
In Philippine law, a "legitime" is the part of the estate that the testator cannot dispose of because the law has reserved it for compulsory heirs.
- If the national law of the foreign parent does not recognize legitimes (e.g., some U.S. states or UK laws allow a parent to completely disinherit a child), the foreign law will generally prevail in the Philippines.
- However, if the foreign law is contrary to Philippine public policy or if the "Renvoi" doctrine applies, the child may be able to claim a portion of the estate as a compulsory heir under the Philippine Civil Code.
5. Essential Procedures for Claiming Inheritance
To transfer the title of a deceased foreign parent's property to the children, the following steps are typically required:
| Procedure | Description |
|---|---|
| Extrajudicial Settlement | If there is no will and no debts, the heirs can sign a public instrument dividing the estate among themselves. |
| Judicial Partition | If the heirs cannot agree or there is a complex will, the court must intervene to settle the estate. |
| Taxes | The Estate Tax (currently 6% under the TRAIN Law) must be paid to the Bureau of Internal Revenue (BIR) before the property can be transferred. |
| Apostille/Authentication | All foreign documents (death certificates, foreign wills, birth certificates) must be apostilled in the country of origin to be recognized by Philippine agencies. |
6. Special Case: Condominiums
The Philippine Condominium Act allows foreigners to own condominium units, provided the total foreign ownership in the project does not exceed 40%.
- Unlike land, a foreign child can inherit a condominium unit through either a will or legal succession without violating the Constitution.
7. Summary of Key Challenges
- Conflict of Laws: Reconciling the deceased's national law with Philippine procedural requirements.
- Capacity to Inherit: Ensuring the heir is not disqualified by the Constitution (in the case of land).
- Documentation: High hurdles in proving kinship and the contents of foreign law (which must be pleaded and proved as a fact in Philippine courts).