CONFLICTS OF LAWS AND SUCCESSION

WILL (from a conflicts perspective): involuntary transfer of property because although

the act of executing one's last will and testament is a voluntary act, that in itself does not
transfer title.
 Why involuntary? Because will only comes into effect upon death of the owner.
 It is governed by the "proper law", meaning either the law of the place of execution
or the national law, as the case may be.

ART. 16 OF THE CIVIL CODE

 FIRST PAR.
o Known as the lex situs.
o RP and PP is subject to the law of country where it is situated.
o Applies only when no succession is being considered.
 SECOND PAR.
o Pertains to succession
o For purposes of intestate and testamentary succession
 The national law of the decedent governs whatever may be the nature of
the property and regardless of the country wherein said property may be
found.
o You should apply the national law of the decedent if there is a decedent and
the issue involves:
 Intrinsic validity
 Paano kung extrinsic? Lex loci celebrationis. The law of the place
where the will was executed.
 Amount of successional rights
 Order of succession (example: distribution of estate)

What law will govern if the will is executed in another country?

 IT DEPENDS ON THE ISSUE. Intrinsic or extrinsic validity? Amount of
successional rights? Order of succession?

IF THE QUESTION IS "WHAT LAW WILL GOVERN?" ALWAYS DEPEND ON ART.

16 OF THE CC.
 Suppletory, ART. 17 and ART. 815 of the CIVIL CODE.

RULE FOR ALIENS

ART. 816 and 817 GOVERNS.

 IF BOTH AMERICANS MADE A JOINT WILL IN THE US, IN THE PH IT IS:

o Valid

BELLIS v. BELLIS: follow the national law of the decedent even if the consequences
seem unfair, since it is our public policy to give way to the national law of the decedent.
  If two nationalities: apply the Effective Nationality doctrine--kung saan registered,
saan passport, etc.

RENVOI DOCTRINE: literally means to refer back

 occurs when there is a conflict in the conflict rules
 pag pumunta sa kanila, at ibinalik na sa atin, we will apply domestic law.

PROBATE
Pag naprobate na sa china, hindi na kailangan iprobate sa Pilipinas. Probate is only
authentication. As long as it is authenticated, okay na 'yun.
 However, there must be a proceeding where proof of its probate would be made
(enforcement proceeding).

Cannot distribute properties in accordance with Chinese law-- because of Art. 16.

Should notify the known heirs if the will has already been probated.

SUNTAY v. SUNTAY, FLUEMER CASE -- evidence of probate in another country

Hindi kailangan i-probate muna sa abroad bago dalhin sa Pilipinas. Sa probate lang
kailangan ng will. Kahit saan ka gumawa ng will pwede mo ito iprobate sa Pilipinas.
Rules do not require that it must already be probated in the country of its execution.

REVOCATION
 The rule of thumb is that the law of the place of revocation will govern.
 The choices: (1) national law (2) law of the place of revocation

Philippine law will apply if made in embassy or consulate.

Adopted can inherit from the adopter. But cannot inherit from grandfather, the legal
fiction of adoption exists only between the adopted and the adopter.