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Question I

2015 Bar · Civil Law · 1 sub-question

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 their 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? (3%) c) Is the situation presented in Item I an example of depe9age? (2%)

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