XIII

XIII.
Succession and Administration
Civil Code, Articles 16, 17, 815-819 and 1039
Art. 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.
Art. 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.
Art. 815. 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. Such will may be probated in the Philippines.
Art. 816. The will of an alien who is 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, or in conformity with those which this Code prescribes.
Art. 817. A will made in the Philippines by a citizen or subject of

another country, which is executed in accordance with the law of the
country of which he is a citizen or subject, and which might be proved
and allowed by the law of his own country, shall have the same effect as
if executed according to the laws of the Philippines.
Art. 818. Two or more persons cannot make a will jointly, or in the same
instrument, either for their reciprocal benefit or for the benefit of a
third person.
Art. 819. Wills, prohibited by the preceding article, executed by

Filipinos in a foreign country shall not be valid in the Philippines,
even though authorized by the laws of the country where they may have
been executed.
Art. 1039. Capacity to succeed is governed by the law of the nation of

the decedent.
Rules of Court, Rule 73, section 1, Rule 78, Sections 1 and 4
Sec. 1. Where estate of deceased person settled. - If the decedent is an

inhabitant of the Philippines at the time of his death, whether a citizen
or an alien, his will shall be proved, or letters of administration
granted, and his estate settled, in the Court of First Instance in the
province in which he resides at the time of his death, and if he is an
inhabitant of a foreign country, the Court of First Instance of any
province in which he had estate. The court first taking cognizance of the
settlement of the estate of a decedent, shall exercise jurisdiction to
the exclusion of all other courts. The jurisdiction assumed by a court,
so far as it depends on the place of residence of the decedent, or of the
location of his estate, shall not be contested in a suit or proceeding,
except in an appeal from that court, in the original case, or when the
want of jurisdiction appears on the record
Sec. 1. Who are incompetent to serve as executors or administrators. - No

person is competent to serve as executor or administrator
who:chanroblesvirtuallawlibrary
(a) Is a minor;
(b) Is not a resident of the Philippines; and
(c) Is in the opinion of the court unfit to execute the duties of the
trust by reason of drunkenness, improvidence, or want of understanding or
integrity, or by reason of conviction of an offense involving moral
turpitude.
Sec. 4. Letters testamentary issued when will allowed. - When a will has
been proved and allowed, the court shall issue letters testamentary
thereon to the person named as executor therein, if he is competent,
accepts the trust, and gives bond as required by these rules.
Rule 77, Section 4 and Rule 88, Section 9
Sec. 4. Estate, how administered. - When a will is thus allowed, the court
shall grant letters testamentary, or letters of administration with the
will annexed, and such letters testamentary or of administration, shall
extend to all the estate of the testator in the Philippines. Such estate,
after the payment of just debts and expenses of administration, shall be
disposed of according to such will, so far as such will may operate upon
it; and the residue, if any, shall be disposed of as is provided by law
in cases of estates in the Philippines belonging to persons who are
inhabitants of another state or country.
Sec. 9. Estate of insolvent nonresident, how disposed of. - In case

administration is taken in the Philippines of the estate of a person who
was at the time of his death an inhabitant of another country, and who
died insolvent, his estate found in the Philippines shall, as far as
practicable, be so disposed of that his creditors here and elsewhere may
receive each an equal share, in proportion to their respective credits.
Cases:
Miciano vs. Brimo, 50 Phil 867

Bellis vs. Bellis, 20 SCRA 358
Tayag vs. Benguet Consolidated, Inc., 26 SCRA 242
Johannes vs. Harvey, 43 Phil 175
Sy Jog Lieng vs. Sy Quia, 16 Phil 137
Gibbs vs. Government, 59 Phil 293
PCI vs. Escolin, 56 SCRA 266

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XIII.

Succession and Administration

Civil Code, Articles 16, 17, 815-819 and 1039

Art. 16. Real property as well as personal property is subject to the

Art. 815. When a Filipino is in a foreign country, he is authorized to

Art. 817. A will made in the Philippines by a citizen or subject of

Art. 819. Wills, prohibited by the preceding article, executed by

Art. 1039. Capacity to succeed is governed by the law of the nation of

Rules of Court, Rule 73, section 1, Rule 78, Sections 1 and 4

Sec. 1. Where estate of deceased person settled. - If the decedent is an

Sec. 1. Who are incompetent to serve as executors or administrators. - No

Rule 77, Section 4 and Rule 88, Section 9

Sec. 9. Estate of insolvent nonresident, how disposed of. - In case

Miciano vs. Brimo, 50 Phil 867

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