Probate of an Alien's Will in the Philippines: Nationality Principle Explained

The Supreme Court has clarified that Philippine Regional Trial Courts have jurisdiction to probate the will of an alien who dies leaving property in the Philippines, even if that will has not yet been probated in the alien's home country. The ruling in Gaspi v. Pacis-Trinidad (G.R. No. 229010, November 23, 2020) corrects a common misunderstanding about how the nationality principle applies to succession.

The Case: A Will Executed in Iriga City

Luz Gaspe Lipson, an American citizen temporarily residing in Iriga City, executed her last will and testament in the Philippines on February 23, 2011. She designated Roel Gaspi as executor. When Lipson passed away in 2015, Gaspi filed a petition for probate before the Regional Trial Court of Iriga City.

The trial court dismissed the petition motu proprio (on its own motion) for lack of jurisdiction. It reasoned that because Lipson was an American citizen, her national law should govern, and her will should be probated in the United States. The court added that the Philippines could only recognize the will later through a petition for recognition of foreign judgment.

The Issue: Who Probates an Alien's Will?

The sole issue was whether a Philippine Regional Trial Court has competence to take cognizance of an alien's will executed in the Philippines, even if it had not yet been probated before the alien decedent's national court.

The Supreme Court ruled in the affirmative, reversing the trial court's dismissal and remanding the case for further proceedings.

The Nationality Principle and Probate Are Different Matters

The Court distinguished between the extrinsic validity of a will (whether it was duly executed and authenticated) and its intrinsic validity (whether the distribution of property complies with substantive law).

Under Article 16 of the Civil Code, intestate and testamentary successions—including the order of succession and the intrinsic validity of testamentary provisions—are regulated by the national law of the decedent. This is the nationality principle.

However, probate concerns only extrinsic validity. The Court explained that when it comes to the form and solemnities of wills, Article 17 of the Civil Code provides that the law of the country where the will was executed shall govern. Since Lipson executed her will in the Philippines, Philippine law on formalities applied.

Articles 816 and 817: Probate of an Alien's Will

The Court examined two related provisions:

Article 816 covers a will of an alien who is abroad. It produces effect in the Philippines if made with the formalities prescribed by the law of the place of residence, or according to the formalities observed in the alien's country, or in conformity with the Civil Code.

Article 817 covers a will made in the Philippines by an alien. It shall have the same effect as if executed according to Philippine laws if it was executed in accordance with the law of the alien's country and could have been proved and allowed under that law.

The Court held that Article 817 does not exclude Philippine courts from participating in probate. It provides an option to the heirs or executor: use Philippine law, or plead and prove foreign law. The clause "shall have the same effect as if executed in accordance with the laws of the Philippines" creates a fiction that foreign law, if proven, will have the same effect as Philippine law.

Courts Retain Jurisdiction Over Property in the Philippines

Even if foreign law applies, the Philippine court does not lose jurisdiction. Foreign law, when relevant, must still be proven as a fact by evidence, since Philippine courts do not take judicial notice of foreign laws.

Rule 73, Section 1 of the Rules of Court supports this: if the decedent is an inhabitant of a foreign country, their will may be proved in the Regional Trial Court of any province where they had an estate. The rules do not require proof that the foreign will has already been allowed and probated in the country of its execution.

The Court also cited Palaganas v. Palaganas (655 Phil. 535 [2011]), which allowed the probate of an American citizen's will in the Philippines even without prior probate abroad.

Practical Takeaways

• Philippine courts can probate an alien's will executed in the Philippines, provided the decedent left property here.
• Prior probate abroad is not required. The Rules of Court do not demand proof that a foreign will has already been allowed in the decedent's home country.
• The nationality principle applies to intrinsic validity, not probate. It governs how property is distributed, not whether the will is authentic and duly executed.
• Foreign law must be pleaded and proved. Philippine courts do not take judicial notice of foreign laws; a party relying on foreign law must present evidence of it.
• Probate is mandatory. Under Article 838 of the Civil Code, no will shall pass real or personal property unless it is proved and allowed in accordance with the Rules of Court.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.