Short answer. No single official language is required. Article 804 requires only that a will be in writing and executed in a language or dialect the testator actually knows — so the deciding factor is the testator's own understanding of the language used, not any particular language itself.
What the law says
Every will must be in writing and executed in a language or dialect known to the testator.
Civil Code, Article 804 — Writing and Language. Read the full provision →
Two separate requirements in one sentence
Article 804 packs two distinct rules into a short statement: every will must be in writing and executed in a language or dialect known to the testator. The first is about form — a will has to be written, not oral. The second is about comprehension — whatever language or dialect is used has to be one the testator actually knows. Both requirements have to be satisfied; a written will in a language the testator does not understand does not meet the article's standard, and neither does an unwritten one.
'Known to the testator' is the real test
Article 804 does not name English, Filipino, or any other specific language as required. What it requires is that the language or dialect used be known to the testator — meaning the person making the will understands it well enough to know what the document actually says. This makes the rule personal to each testator rather than a single fixed national standard: what satisfies the article for one person depends on what languages that particular testator knows.
Dialects are expressly included
The article does not limit itself to major or official languages — it says a language or dialect. That wording covers a testator who is more comfortable in a regional or local dialect than in a widely used national language. A will written in such a dialect is not disqualified by that fact alone, so long as it is genuinely the language the testator knows and used to express what the will provides.
What this means for someone drafting or reviewing a will
Because Article 804 ties validity to the testator's own understanding, the practical question is never "which language is required" but "did the testator actually know the language the will was written in." A will drafted in a language the testator could not read or understand raises a real problem under this article, regardless of how properly formatted or professionally worded the document otherwise appears.
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.
- Testate Estate of the Late Alipio Abada, et al. vs. Alipio Abaja, et al, G.R. No. 147145, January 31, 2005 — read the decision on LawPhil →
- In the Matter of the Allowance of the Will of Moises F. Banayad Apolonia Banayad Frianela vs. Servillano Banayad, Jr, G.R. No. 169700, July 30, 2009 — read the decision on LawPhil →
- Spouses Benigno Que, et al. vs. Court of Appeals, et al, G.R. No. 150739, August 18, 2005 — read the decision on LawPhil →