Art 816 Formalities of wills executed by aliens abroad - either for reciprocal benefit or for the benefit of a third

efit of a third person

- the will of an alien who is abroad produces effect in the
Philippines if made with the formalities prescribed by the law of:
1. The place of his residence or domicile
2. His own country or nationalioty
3. The philippines
4. The law of the place of execution
Art. 816 speaks only of extrinsic validity
- Testator is:
1. Filipino - PWE
2. Alien Abroad - DNP
3. Alien in the Philippines - NP
Art. 817 Formalities for wills executed by aliens in the
Philippines
- a will made in the philippines by a citizen or subject of another
country
- executed in accordance with the formalities prescribed by 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 in accordance with
Philippine law.
JOINT WILLS
- are those which contain in one instrument the will of two or
more persons jointly signed by them.
RECIPROCAL OR MUTUAL WILLS
- they are those that provide that the survivors of the testators
will succeed to all or some of the properties of the decedent.
- they are valid but if made in one instrument. They are void
because they are joint wills.
- joint will whether reciprocal or not are void.
REASONS WHY JOINT WILLS ARE VOID - SUDMK
1. To allow as much as possible secrecy, the will being a purely
personal act
2. To prevent undue influence by the more aggressive testator on
the other
3. In case of death of the testators at different times, probate
would be harder
4. It militates against the right of a testator to revoke the will at
any time
5. In case of husband and wife, one may be tempted to kill the
other.

Reason: being a citizen thereof he may be more cognizant of the PRINCIPLE OF JUST GIVEN
said laws than Philippine laws. - applicable only when both the testators of a joint will were
dead at the the probate was made
Art 818 Joint wills - if only one was dead, and the other was still alive - the final
- two or more persons cannot make a will jointly or on the same judgment can have reference only to the estate of the deceased
instrument - if later the second testator dies, the joint will shall be presented
once again - it is ought to be regarded intestate
WILLS THAT ARE NOT JOINT WILLS
1; if made on a single sheet - the first on the front, the second on
the resverse side
2. Even if made on the same page with or without a diving line
between them, but neither combining the signatures of both
together.
Art 819 EFFECT OF JOINT WILLS EXECUTED ABROAD
- joint wills executed by filipinos in a foreign country shall not
be valid even if authorized by the laws of the country where the
may be executed
- exception to lex loci celebrationis
- prohibition refers only to filipinos
JOINT WILLS EXECUTED BY FOREIGNERS
1. If made abroad and valid under the country where it was
executed then it is valid in the philippines
2. If made in the philippines then it is void.
- reason: against public policy.
Art 820 QUALIFICATIONS FOR WITNESSES TO
NOTARIAL WILLS - SARBDC
1. He must be of sound mind
2. At least 18 years of age
3. Be able to read and write
4. Not blind, dead, or dumb
5. Must be domiciled in the Philippines
6. Not convicted of falsifacation of document, perjury, or false
testimony
ART. 821 DISQUALIFIED FROM BEING WITNESSES TO A
WILL:
1. Any person not domiciled in the Philippines
2. Those who have been convicted of falsification of document,
perjury, or false testimony
- blind cannot be a witness in a notarial will but allowed in
holographic will because it does not require a witness
REASONS WHY WITNESSES MUST BE DOMICILED IN
THE PHILIPPINES
1. The assurance of the availability of the witness at the time the
will is presented for probate
2. The likeliness of personal acquaintance with the testator
EFFECT OF PARDON
1. If pardon was granted because the man is really innocent, he
can be a witness because there is no mental dishonesty
2. If the pardon was granted because of executive grace or
clemency, he cannot be a witness because the would-be witness
has a taint of dishonesty.
ART. 822 EFFECT OF SUBSEQUENT INCAPACITY
- if the witnesses attesting the execution of the will are
competent at the time of attesting
- their becoming subsequently incompetent shall not prevent the
allowance of the will
ART. 823 WITNESS CANNOT INHERIT
DISQUALIFIED:
1. Witness
2. Spouse
3. Parent
4. Child
5. Anyone claiming the right of said witness, spouse, parent, or
child

ART. 824 CREDITORS AS WITNESSES

- a mere charge on the estate of the testator for the payment of
the debts due at the time of testators death
- does not prevent his creditors from being competent witnesses
to his will.