SUGGESTED ANSWERS TO THE 2015 BAR EXAMINATIONS IN CIVIL LAW 1 Alden and Stela were both former Filipino citizens. They were married in the Philippines but they later migrated to the United States where they were naturalized as American citizens. In their union they were able to accumulate several real properties both in the US and in the Philippines. Unfortunately, they were not blessed with children. In the US, they executed a joint will instituting as common heirs to divide their combined estate in equal shares, the five siblings of Alden and the seven siblings of Stela. Alden passed away in 2013 and a. year later, Stela also died. The siblings of Alden who were all citizens of the US instituted probate proceedings in a US court impleading the siblings of Stela who were all in the Philippines. a} Was the joint will executed by Alden and Stela-who were both former Filipinos valid? Explain with legal basis. (3%) b) Can the joint will produce legal effect in the Philippines with respect to the properties of Alden and Stela found here? If so, how? ©) — Isthe situation presented in Item I an example of dépegage? SUGGESTED ANSWERS: a.) The joint will shall be valid if it was executed in accordance with U.S. law. At the time of the will’s execution, Alden and Siela were U.S. citizens. The will of an alien who is abroad produces effect in the Philippines if made with the formalities pres: ribed by the place of the law in which he resides, or according to the formalities observed ir his country. (Art. 316, Civil Code). Art. $19 of the Civil Code does not apply as it refers specifically te the invalidity of joint wills “executed by Filipinos in a foreign country”.b.) The joint will may produce legal effect in the Philippines if it was validly executed in accordance with the laws of the U.S. To be given legal effect in the Philippines, it must be probated in this country. Since the will was executed abroad by aliens, it must comply with Article 17 or Article 816 of the Civil Code. Under 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. Under Article 816, the will of an alien who is abroad produces effe in the Philippines if made with the formalities prescribed by the place of the law in which he resides, or according to the formalities observed in his country, or in conformity with those which this Code prescribes. Since Aldén and Stela were both naturalized American citizens at the time of the execution of the will, they are allowed to execute a will in accordance with the formal preseribed by the law of their country. where they reside, or Philippine law. Moreover, Article 16(2) requires a will to be intrinsically in accordance with the national law of the testator, hence should also be in accordance with US law. However, Alden’s siblings are all US citizens. Insofar as the real properties situated im the Philippines, the prohibition regarding alien ownership of Philippine land found im the Constitution is applicable. Article 17 of the Civil Code provides that prohibitive laws concerning persons, thei 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. c.) No, the situation presented in Item I is not an example of dépecage. Dépecage is a term used where different aspects of a case involving a foreign element may be governed by different systems of law. In this case, only one system of laws governs, that of U.S. law. UnderArticle 16 par(2) of the Civil Code, intestate and testamentary succession, with respect 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. For the will to be probated, it must also comply with US law under Articles 17 and 816 of the Civil Code, as the US was the place of the will’s execution, the residence of the spouses, and the country where they are nationa Note: It is suggested that the exan es be given full credit for Ic.) as the term ‘dépecage’ is not commonly taught in this jurisdiction. 0 Marco and Gina were married in 1989. Ten years later, or in 1999, Gina left Marco and lived with another man, leaving their two children of school age with Marco. When Marco needed money fer their children’s education he sold a parcel of land registered in his name, without Gina's consent, which he purchased before his marriage. is the sale by Marco valid, void or void Explain with legal basis. (4%) SUGGESTED ANSWER: The sale is void. The marriage was celebrated during the eff vii of the Family Code. In the absence of a marriage settlement, the property relations between the spouses is governed by absolute community of properiy, whereby all the properties owned by the spouses at the time of the celebration of the marriage, as well as whatever they may acquire during the marriage, shall form part of the community property, as a rule (Art. 91, Family Code). The parcel of land sold is part of the community property as Marcos owned it before the marriage. Im an absolute community of property regime, the administration and enjoyment shall belong to beth spouses jointly (Art. 96, Family Code). Neither spouse may