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EXECUTION OF THE WILL: SITUS

According to the Art. 816 of Civil Code of the Philippines, the will of an alienwho 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 theformalities observed in his country. Thus, in the case at bar, the Americanhusband can execute a will in the U.S. and shall have the same effect as if executedaccording 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 thenational 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 indicatedabove, 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 ina foreign country, he is authorized to make a will in any of the forms establishedby 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 inaccordance 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 thatsubstantive 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 deceasedforeigner apply regardless of the nature or location of the property inquestion.

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 theforeigner’s national law states that the applicable legislation for inheritanceissues 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 definedby his/her national law, is the Philippines.

• If the foreigner’s national or domiciliary laws refer inheritance issuesback to the Philippines, even though the Philippines is not the foreigner’sdomicile or country of residence.

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FOREIGNERS CAN MAKE A LOCAL WILL

If a foreigner decides to make a notarial will in the Philippines, his/her presence inthe 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 thepresence of the testator and of each other;

• Each and every page except the last must be signed on the left marginby 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 signedby 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 Philippinecourts. 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 apetition for allowance before the Philippine courts. The due execution of the will andthe 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 foreignnationals. However, foreign nationals may buy condominiums units in Philippine condos (sharesin condominium corporations) as long as not more than 40% of the units in a project areacquired by foreigners (Republic Act No. 4726, otherwise known as the Condominium Act).

Likewise, f oreigners my own buildings or houses in the Philippines legally; as long as

they do not own the land on which it is built.