I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
Validity of wills consists of 2 parts: extrinsic and intrinsic. Extrinsic validity refers to the forms and solemnities prescribed by law. Intrinsic validity refers to the legality of the will's provisions.
Extrinsic Validity
1.) From the viewpoint of time: the laws in force at the time the will was made.
2.) From the viewpoint of place/country:
a.) If the testator is a Filipino, he can observe Philippine law or the law of the country where he executes the will.
b.) If the testator is a foreigner living abroad, he can follow the law of his domicile (the country he's permanently staying in,) the law of his home country or Philippine law.
c.) If the testator is a foreigner in the Philippines, he can either follow the law of his home country or Philippine law.
Intrinsic Validity
1.) From the viewpoint of time: the law in force at the time of the testator's death governs succession rights.
2.) From the viewpoint of place/country: the national law of the testator governs, regardless of the place the will was executed or where the testator died.
Art. 795 of the Civil Code says that the law in force at the time the will was made governs its form.
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