EXECUTION OF THE WILL: SITUS

According to the Art. 816 of Civil Code of the Philippines, the will of an alien
who is living abroad, produces effect in the Philippines if made with the formalities
prescribed by the law of the place in which he resides, or according to the
formalities observed in his country. Thus, in the case at bar, the American
husband can execute a will in the U.S. and shall have the same effect as if executed
according to the laws of the Philippines, with the effect of binding properties located
in the Philippines under the circumstances provided above.

In the case of Testate of C.O. Bohonan vs. Magdalena Bohonan, the Court
ruled that, the validity of testamentary dispositions are to be governed by the
national law of the testator, and as it has been decided and it is not disputed
that the national law of the testator is that of the State of Nevada, already indicated
above, which allows a testator to dispose of all his property according to his will.

Corollary thereto, Art. 815 of the Civil Code states that when a Filipino is in
a foreign country, he is authorized to make a will in any of the forms established
by the law of the country in which he may be. Pursuant thereto, even if the will
in the case at bar be executed by the Filipina wife, she may execute the will in
accordance with the laws of the U.S, provided she is domiciled thereto.

Thus, simply stated, the law of the foreigner’s nationality governs

inheritance in the Philippines.The general principle in the Philippines is that
substantive issues of inheritance, such as the order of succession, validity of
testamentary dispositions, capacity to inherit, absence of a will, compulsory heirs,
and reserved and free portions are primarily assessed according to the national
laws of deceased foreigners. The national or domiciliary laws of the deceased
foreigner apply regardless of the nature or location of the property in
question.

There are three instances when Philippine laws, particularly the Civil Code,
apply to a foreign citizen regarding inheritance or succession:

• If the property in question is located in the Philippines, and the

foreigner’s national law states that the applicable legislation for inheritance
issues is the law of the country where the property is located (lex situs)

• If the foreigner’s national law states that the applicable legislation is

that of the foreigner’s domicile, and the domicile of the foreigner, as defined
by his/her national law, is the Philippines.

• If the foreigner’s national or domiciliary laws refer inheritance issues

back to the Philippines, even though the Philippines is not the foreigner’s
domicile or country of residence.
FOREIGNERS CAN MAKE A LOCAL WILL
If a foreigner decides to make a notarial will in the Philippines, his/her presence in
the Philippines is required. The prerequisite formalities for a notarial will are:

• The will must be signed at the end thereof by the testator himself;

• It must be attested to by three or more credible witnesses in the

presence of the testator and of each other;

• Each and every page except the last must be signed on the left margin
by the testator and his witnesses in the presence of each other;

• Each and every page of the will must be numbered correlatively in

letters placed on the upper part of each page;

• It must contain an attestation clause (in a specified form) and signed

by the witnesses; and,

• It must be acknowledged before a notary public by the testator and

the witnesses.

In the case of a holographic will, Philippine law only requires that it is entirely
handwritten, signed and dated by the maker.

FOREIGN WILLS ARE ALLOWED IN THE PHILIPPINES

The will of a foreigner that is proven and allowed in a foreign country, in accordance
with the laws of that country, may be allowed, filed and recorded by the Philippine
courts. A copy of the will and the decree of allowance issued by the proper
authorities in the foreign country, must be duly authenticated, and filed with a
petition for allowance before the Philippine courts. The due execution of the will and
the testamentary capacity of the decedent need not be proven again.

FOREIGN OWNERSHIP OF BUILDINGS AND HOUSES (NOT LAND)

Philippines real estate law does not allow outright ownership of real property by foreign
nationals. However, foreign nationals may buy condominiums units in Philippine condos (shares
in condominium corporations) as long as not more than 40% of the units in a project are
acquired by foreigners (Republic Act No. 4726, otherwise known as the Condominium Act).
Likewise, foreigners my own buildings or houses in the Philippines legally; as long as
they do not own the land on which it is built.