Short answer. Yes, if it meets any one of three sets of formalities. Article 816 gives effect in the Philippines to an alien's will made abroad if it follows the law of his place of residence, or the law of his own country, or the formalities this Code prescribes. Satisfying one is enough.
What the law says
The will of an alien who is abroad produces effect in the Philippines if made with 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.
Civil Code, Article 816 — An Alien's Will Made Abroad. Read the full provision →
The three routes Article 816 allows
Article 816 states that the will of an alien who is abroad produces effect in the Philippines if made with 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. The 'or' is the whole point. A foreigner's will drawn up overseas does not have to look like a Philippine will. It is valid here in point of form if it complies with any one of three legal systems — where he lives, where he is a national, or the Philippines.
Why the law is this generous about form
The rule reflects a settled principle: the formalities of a will are governed by the law of the place where it is made, and a will good where executed is good elsewhere. Requiring every foreigner's will to satisfy Philippine formalities would defeat perfectly valid wills for no good reason, and would trap Philippine assets in estates that cannot be settled. So the article deliberately widens the gate. As long as the will honours a recognised system's requirements for signing, witnessing and the rest, a Philippine court will accept its form when the estate includes property here.
Form is not the same as substance
Article 816 answers only whether the will is validly made — its formalities. It does not decide who is entitled to inherit or how much. Those questions of substance — the order of heirs, and how much of the estate is reserved for compulsory heirs — are governed by the national law of the deceased, not by this article. So a foreigner's will can be perfectly valid in form under Article 816 and still be read, as to the shares it can give, against his own country's succession law. Do not assume that a will good in form here also passes property exactly as it reads.
What an estate here will need to prove
If the foreigner left property in the Philippines, the will normally must be proved — allowed by a court — before it can transfer that property. Practically, that means showing which of the three systems the will complied with and producing proof of that law's formal requirements, since a Philippine court does not automatically know foreign law and it has to be established. Keep the original will, evidence of where it was executed and of the testator's residence and nationality, and, where possible, any probate or authentication already done abroad. Those are what an estate proceeding here will be built on.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- In the matter of the petition to approve the will of Luz Gaspe Lipson, G.R. No. 229010, November 23, 2020 — read the decision on LawPhil →
- In re: In the Matter of the Petition to Approve the will of Ruperta Palaganas with prayer for the appointment of Special Administrator; Manuel Miguel Palaganas, et al. vs. Ernesto Palaganas, G.R. No. 169144, January 26, 2011 — read the decision on LawPhil →