Q. A, while travelling in Cananda executed a will before Philippine Consul B with only two (2) witnesses. Under Canadian Law, two (2) witnesses would suffice. When he arrived in the Philippines he filed a petition for probate. How do you think the court will decide? (Solved)
1. It will admit the will to probate because of the doctrine of lex loci celebrationis;
2. It will not admit the will to probate unless probated first in Canada;
3. It will deny probate because of failure to comply with the formalities under Philippine law; (Art. 17, NCC)
4. It will admit the will to probate because Canadian laws cannot apply in the Philippines if proven as facts according to the rules of evidence.
- c. It will deny probate because of failure to comply with the formalities under Philippine law; (Art. 17, NCC)