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Introduction
In Re Estate of Johnson
Emil Johnson, a native of Sweden and a naturalized US citizen died in Manila, leaving a
holographic will where he disposed of his estate
The will was signed by the testator and two witnesses, instead of three as required by
Sec. 618 of the Code of Civil Procedure thus could not be proved under this provision
No will, except as provided in the preceding section, shall be valid to pass any
estate, real or personal, nor charge or affect the same, unless it be in writing and
signed by the testator, or by the testator's name written by some other person in
his presence, and by his express direction, and attested and subscribed by three
or more credible witnesses in the presence of the testator and of each other
A petition was filed with the CFI in Manila for the probate of this will on the groun that
Johnson was, at the time of his death, a citizen of Illinois, USA
His will was duly executed in accordance with the laws of that state and could be properly
probated under Sec. 636 of the Code of Civil Procedure
Will made here by alien. A will made within the Philippine Islands by a
citizen or subject of another state or country, which is executed in
accordance with the law of the state or country of which he is a citizen or
subject, and which might be proved and allowed by the law of his own
state or country, may be proved, allowed, and recorded in the Philippine
Islands, and shall have the same effect as if executed according to the laws
of these Islands.
Issue: Was Jennie Rider Babcock a citizen of California at the time the will was made?
Held: YES.
It is a well settled rule that a citizen of United States cannot acquire citizenship in the
Philippine Islands by residence, however long continued
The Court ruled that the testatrix remained a citizen of California and that her domicile
acquired in California was never lost
Pursuant to the nationality principle in our Civil Code, the interpretation of a will of
testament must be governed by the rules of interpretation of the decedents national law
As in contracts, the rule is that where the terms of the will are clear and unambiguous,
the lex intentionis of the party should be followed
Where the terms are ambiguous, the intention can be inferred from the context of the
instrument itself
If none of these can give absolute assurance that indeed the intention of the testator has
been ascertained, settled presumption of law may be resorted to
It is presumed that the interpretations of ambiguous phrase should be determined in
accordance with the laws and customs of the state most probably in the mind of the
testator
Revocation
Being a unilateral and purely personal act, a will is revocable at any time before the death
of the testator
Any waiver or restriction of this right is void
Under Art. 829 of the Civil Code
A revocation done outside the Philippines, by a person who does not have his
domicile in this country, is valid when it is done according to the law of the place
where the will was made (lex celebrationis), or according to the law of the place
in which the testator had his domicile at the time (lex domicilii); and if the
revocation takes place in this country, when it is in accordance with the provisions
of this Code.
Under Philippine laws, wills are not deemed revoked except in the following cases;
By implication of law
By some will, codicil or other writing
By burning, tearing, cancelling or obliterating the will with the intention of
revoking it
QUESTION
Differentiate Lex loci celebrationis and Lex nationalii
ANSWER
Lex loci celebrationis means the law of the place where the contract is made is to be
followed
Lex nationalii means the personal law of the person should be followed