TESTAMENTARY SUCCESSION

Substantial compliance
- Attest (sign at the bottom of clause)
- Witnessing (sign on left margin)

Law requires witness to do 2 acts: witness and attest.

If attesting lang and no witnessing (sign on margin), there is absence of compliance. NOT VALID
If signature was on the right, there is compliance tho not perfect. Then principle of substantial
compliance may be applied. Will is VALID.
If there is absence of page, substantial compliance not applied, NOT VALID. if paging, there is
double lifting.. where a 5 paged will was paged only to 4, this is VALID. Basta coherent ang
pages and was done in good faith. If sinabi na there are 5 pages, pero not all pages were
paged, still VALID. There is substantial compliance.
Principle cannot be applied if there is no compliance at all.

Foreigners
Art. 815-817
Art. 819 (ph citizen)

Foreigner outside ph, may use national law, ph law, domicile law,

Joint will by alien outside ph – VALID, accordance with 816

Alien execute joint will in ph, valid in their national law – NOT VALID bec filipinos are
prohibited to make joint wills. Alien also prohibited to execute here in PH (art 817.
Prohibitive laws cannot be rendered nugatory..)

Filipinos outside PH - according to the law in the country in which he may be and may be
probated in the Philippines.

815
- Basis in justifying the act of Fil. Executing will where he may be. (place of execution)

816
- Foreigner outside PH
o Place of residence
o National law
o Ph law – 815 and 817 not basis. Basis is jurisprudence. They are expected to know
about ph laws, so why not allow them.
o Place of execution as allowed by 817

817
- Foreigner executing a will in PH
o Place of execution kasi nandito
o National laws of foreigner