WILLS AND SUCCESSION CONTRACTS

Extrinsic validity (capacity is subsumed in

extrinsic validity) Extrinsic validity (form and solemnity)
Lex loci celebracionis Lex loci celebracionis
1. Testator is foreigner Ø Written/ orally done
Ø Will executed abroad Ø Notarization
Law of domicile Ø Instrumental witness
National law Ø Procedure in execution of contract
Philippine law Exceptions to Extrinsic validity
Lex loci celebracionis 1. Involves property = lex rei sitae
Ø Will executed in Ph 2. Succession = national law of decedent
National law
Lex loci celebracionis Intrinsic Validity (substantive aspect)
Lex contractus
2. Testator is Filipino 1. Lex loci voluntatis (choice of law/express)
Ø Will executed abroad 2. Lex loci intentionis (intention/ apply MSR)
Lex loci celebracionis Ø Subject matter
Ph law acceptable per Tolentino Ø Terms and conditions
Ø Will executed in Philippines Ø Rights, duties and liabilities
Philippine law Ø Interpretation of terms and conditions

Capacity of testator Lex loci voluntatis

Ø So long as the laws are appropriate in the
given circumstances, should be the
determining law
Intrinsic validity
National law of the decedent
1. Order of succession
2. Amount of successional rights
3. Intrinsic validity of testamentary provision
4. Capacity of an heir to inherit
Probate involves extrinsic validity
1. Sound mind time executed
2. Execution done voluntarily
3. Formalities in accordance of law of place
of execution
Law of the forum will apply
Probate is procedural in nature
Ø Not applied if: a) contrary to morals; b)
law chosen has no relation to various
aspect of contract
Ø Hence, apply MSR Principle
Most Significant Relationship Principle
1. Extrinsic validity
Ø GR: Lex loci celebracionis
Ø Exception: Place of execution is
incidental; apply MSR Principle
2. Intrinsic Validity
Ø Absence of stipulation: Lex loci
intentionis by applying MSR
Capacity of contracting parties (relates to
personal law)
Ø Nationality theory
Ø Only to ORDINARY CONTRACTS (such
as contracts of service; no involvement of
property: conveyance, transfer, sale,
mortgage
Exception: Subject matter involves property = lex
rei sitae

If contact involves property, use LEX REI SITAE

PROPERTY PERSONAL LAW
Lex rei sitae, whether real or personal Nationality theory (even if Filipino is living
Property must not be incidental abroad)
Ø Family rights and duties
Exceptions to lex rei sitae: Ø Status
1. Property is incidental (such as contract of Ø Condition
service; main issue is rights and liabilities) Ø Legal capacity
2. Succession (national law of the decedent)
MARRIAGE
Lex loci celebracionis
All marriages solemnized outside the Philippines, in
accordance with laws in force in country where they
were solemnized and valid there as such, shall also
be valid in the Philippines, except:
1. Contracted by any party below 18 years
2. Bigamous or polygamous marriages
3. Contracted through mistake of one of the
contracting parties as to the identity of the
other
4. Subsequent marriages that are void under
Article 53
ARTICLE 52. The judgment of annulment or
of absolute nullity of the marriage, the
partition and distribution of the properties of
the spouses, and the delivery of the
children's presumptive legitimes shall be
recorded in the appropriate civil registry and
registries of property; otherwise, the same
shall not affect third persons. (n)
ARTICLE 53. Either of the former spouses
may marry again after complying with the
requirements of the immediately preceding
Article; otherwise, the subsequent marriage
shall be null and void.
5. Contracted by any party whom at the time
of the celebration, was psychologically
incapacitated to comply with essential
marital obligations
6. Incestuous marriages
7. Void by reason of public policy
Ø Between Filipinos abroad
Lex loci celebracionis
Valid unless it falls under listed exceptions
Ø Between foreigners abroad
Lex loci celebracionis
But legal capacity governed by national law
Only exception incestuous marriages
Ø Between foreigners in Philippines
Lex loci celebracionis but national law
governs legal capacity
Ø Between Foreigner and Filipino in
Philippines
Lex loci celebracionis
National law governs legal capacity of
Foreigner and must submit certificate of
legal capacity from consular official
Ø Between Foreigner and Filipino abroad
Lex loci celebracionis
National governs Filipino, must not be
incapacitated
NEW CIVIL CODE
Article 15. Laws relating to family rights and duties,
or to the status, condition and legal capacity of
persons are binding upon citizens of the
Philippines, even though living abroad. (9a)
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Article 16. Real property as well as personal
property is subject to the law of the country where
it is stipulated.
However, intestate and testamentary successions,
both with respect to the order of succession and to
the amount of successional rights and to 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. (10a)
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Article 17. The forms and solemnities of contracts,
wills, and other public instruments shall be
governed by the laws of the country in which they
are executed.
When the acts referred to are executed before the
diplomatic or consular officials of the Republic of
the Philippines in a foreign country, the solemnities
established by Philippine laws shall be observed in
their execution.
Prohibitive laws concerning persons, their acts or
property, and those which have for their object
public order, public policy and good customs shall
not be rendered ineffective by laws or judgments
promulgated, or by determinations or conventions
agreed upon in a foreign country. (11a)
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FAMILY CODE
Art. 26. All marriages solemnized outside the
Philippines, in accordance with the laws in force in
the country where they were solemnized, and valid
there as such, shall also be valid in this country,
except those prohibited under Articles 35 (1), (4),
(5) and (6), 3637 and 38. (17a)
Where a marriage between a Filipino citizen and a
foreigner is validly celebrated and a divorce is
thereafter validly obtained abroad by the alien
spouse capacitating him or her to remarry, the
Filipino spouse shall have capacity to remarry under
Philippine law.