all the formalities required by law. It does not pass upon the validity of the provisions of the will.

The
disallowance of a will being essentially procedural in character, the law of the forum will govern the
procedural matters. However, the court will look into the law of the foreign state where the suit was made as
to whether the extrinsic requirements in the execution of the will have been complied with.
NOTE: The will of an alien who is abroad produces effect in the Philippines if made within the formalities
prescribed by the law of the place in which he resides, or according to the formalities observed in his country,
or in conformity with those which this Code prescribes. Proof that the will conforms to the laws mentioned is
imperative (Salud Teodoro Vda. De Perez v. Hon. Tolete, G.R. No. 76714, June 2, 1994).
4. Joint wills executed by Filipinos in a foreign country shall not be valid in the Philippines, even though
authorized by the laws of the country where they may have been executed. (NCC, Art. 819)

Q: How can a will executed abroad be made effective in the Philippines?

A: A will made in a foreign country may be probated in the Philippines after sufficient proof is presented
showing that the will was duly executed in the manner required by law and that the testator had capacity at
the same time he executed the will.
Evidence necessary for the allowance of wills which have been probated outside the Philippines
1. Due execution of the will in accordance with the foreign laws;
2. The testator has his domicile in the foreign country and not in the Philippines;
3. The will has bee admitted to probate in such country;
4. The fact that the foreign tribunal is a probate court; and
5. The laws of a foreign country on procedure and allowance of wills (Suntay v. Suntay, G.R. No. 132524,
December 29, 1998).

RENVOI
A procedure whereby a jural matter presented is referred by the conflict of laws rules of the forum to a
foreign state, the conflict of laws rules of which in turn refers the matter back to the law of the forum
(remission) or a third state (transmission) (Coquia, 2000). Thus, it is clear that renvoi can arise only from
conlict rules and not from internal rules.
Cases:
Q: What will the Court do, if it is confronted with a case with a “Renvoi” Problem?
A:
1. Reject the renvoi – If the conflict rules of the forum refer later the case to the law of another state, it is
deemed to mean only the internal law of that state. Thus, the court will apply the foreign law (Paras, 1990)

2. Accept the renvoi – If the conflict rules of the forum refer the case to the law of another state, it is deemed to
include the totality of the foreign law (internal law and conflict of law rules). Thus the court will recognize the
referral back and apply the local law (Ibid.).

3. Follow the Theory of Desisment – also referred to as Mutual Disclaimer of Jurisdiction Theory. The forum
court upon reference to another state’s law sees that such law is limited in application to its own nationals
domiciled in its territory and has no provision for application to nationals domiciled outside of the territory.
Hence the local court will apply the local law.

NOTE: This has the same result as the acceptance of the renvoi doctrine but the process used by the forum
court is to desist applying the foreign law (Ibid.).
4. Make use of the Foreign Court Theory – Forum acourt assumes the same position that the foreign court
would take if the case is litigated in the foreign state.

Double renvoi
It is that which occurs when the local court, in adopting the foreign court theory, discovers that the foreign
court accepts the renvoi (Sempio-diy, 2004) CIVIL LAW
22
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 Transmission
It is the process of applying the law of a foreign state through the law of a second foreign state. Not the same
as renvoi, Renvoi involves two laws while transmission involves three laws (Paras, 1990).
Renvoi v. Transmission
Transmission
Renvoi
Deals with 2 countries Deals with 3 or more
countries
Deals with “referring Deals with “referring
back” across” or
“transmitting”