Report: ARTICLE 16 of the CIVIL CODE (R.A. No. 386)

Terms Defined:

Intestate - not having made a will before one dies.

Testate - having made a valid will before one dies.

Article 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. (10a)

Based on the first paragraph, As long as the owner of the property is alive, principle of "lex rei sitea" shall be applied. His or her property whether real or personal are subject to the law of the country where it is situated.

While on the second paragraph, the four aspects of succession; the order of succession, the amount of successional right, the intrinsic validity of the will and the legal capacity to succeed shall be governed by the national law of the decedent.

Nationality theory

In Bohanan vs. Bohanan and Bellis vs. Bellis, nationality theory was applied. Under article 16, the order of succession, the amount of successional right, the intrinsic validity of the will and the legal capacity to succeed shall be governed by the national law of the decedent.

Domiciliary theory

In Aznar vs. Garcia, domiciliary theory was applied. Article 16 of the Civil Code states that the intrinsic validity of testamentary provisions shall be governed by the decedent's national law, nevertheless, the Civil Code of California declares that the decedent's domiciliary law shall govern. Therefore, the question shall be referred back to the decedent's domicile.

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