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Essay Multiple Choice

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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

Kai Alejandro, a Filipino citizen, dies in Malaysia while domiciled there. He leaves a will executed in Malaysia that (i) disposes of a savings deposit in a Philippine bank located in Manila and (ii) disposes of a titled parcel of land in Ilocos Norte, Philippines. The will contains no Philippine formality related to land transfers. For Kai’s estate, answer the following: (a) Identify the central doctrine of Lex domicilii and state the general rule for the disposition of movables versus immovables in cross-border situations. (b) For Kai’s estate, which law governs (i) the disposition of movables (the Philippine bank deposit) and (ii) the disposition of the Philippine land? (c) If the will attempts to devise the Philippine land to a foreign-domiciled friend, discuss the likely outcome under conflict-of-laws rules and Philippine land ownership laws.

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Movables follow the situs of the bank (Manila); immovables follow the situs of the land (Ilocos Norte). The foreign bequest is valid so long as the will was executed abroad. Movables follow the law of the place where the bank is located (Manila); immovables follow the law of the place where the land is located (Ilocos Norte). The land bequest to a foreign-domiciled friend is automatically validated by Philippine law. Movables and immovables both follow the situs (Philippines) due to location of property; the alien may own land by hereditary succession, so the land bequest is effective. Movables follow the decedent’s domicile at death (Malaysia); immovables follow the situs (Philippines). A foreign non-citizen cannot own land under Philippine law, so the land portion is void for the devise and the land passes to Kai’s Filipino heirs under Philippine succession law.

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