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Philippine Bar review · Question

Practice question: Lex Rei Sitae

Multiple Choice Hard

Practice question

A foreign citizen leaves land in the Philippines. The dispute is specifically the amount of an heir’s successional share, and the applicable national succession law is properly proved. No referral back or independent exception is established. One heir argues that land location alone necessarily requires Philippine legitimes. Which analysis follows Article 16 and Bellis?
  1. Every issue involving land invariably follows situs
  2. The heir may choose any law after death
  3. The executor’s citizenship controls the shares
  4. The specific national-law succession exception governs the stated share issue despite land location
  5. The property must be physically moved before succession occurs

Legal references

  • Civil Code Article 16: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
  • Bellis v. Bellis, G.R. L-23678, June 6, 1967: https://lawphil.net/judjuris/juri1967/jun1967/gr_l-23678_1967.html

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