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A. Constitution Art.

IV, 1-4



Section 1. The following are citizens of the Philippines:

1. Those who are citizens of the Philippines at the time of the adoption of this Constitution;
2. Those whose fathers or mothers are citizens of the Philippines;
3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine Citizenship
upon reaching the age of majority; and
4. Those who are naturalized in the accordance with law.
Section 2. Natural-born citizens are those who are citizens of the Philippines from birth without
having to perform any act to acquire or perfect their Philippine citizenship. Those who elect
Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed
natural-born citizens.
Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law.
Section 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by
their act or omission they are deemed, under the law to have renounced it.

B. Civil Code Art. 14, 15, 16, 17, 815, 816, 818, 819, 829, 1039, 1319, 1753
Article 14. Penal laws and those of public security and safety shall be obligatory upon all who
live or sojourn in the Philippine territory, subject to the principles of public international law and
to treaty stipulations. (8a)
Article 15. Laws relating to family rights and duties, or to the status, condition and legal
capacity of persons are binding upon citizens of the Philippines, even though living abroad. (9a)
Article 16. Real property as well as personal property is subject to the law of the country where
it is stipulated.
However, intestate and testamentary successions, both with respect to the order of succession
and to the amount of successional rights and to the intrinsic validity of testamentary provisions,
shall be regulated by the national law of the person whose succession is under consideration,
whatever may be the nature of the property and regardless of the country wherein said property
may be found. (10a)
Article 17. The forms and solemnities of contracts, wills, and other public instruments shall be
governed by the laws of the country in which they are executed.
When the acts referred to are executed before the diplomatic or consular officials of the Republic
of the Philippines in a foreign country, the solemnities established by Philippine laws shall be
observed in their execution.
Prohibitive laws concerning persons, their acts or property, and those which have for their object
public order, public policy and good customs shall not be rendered ineffective by laws or
judgments promulgated, or by determinations or conventions agreed upon in a foreign country.
Article 815. When a Filipino is in a foreign country, he is authorized to make a will in any of the
forms established by the law of the country in which he may be. Such will may be probated in the
Philippines. (n)
Article 816. 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. (n)
Article 818. Two or more persons cannot make a will jointly, or in the same instrument, either
for their reciprocal benefit or for the benefit of a third person. (669)


Article 819. Wills, prohibited by the preceding article, executed by Filipinos in a foreign country
shall not be valid in the Philippines, even though authorized by the laws of the country where
they may have been executed. (733a)
Article 829. A revocation done outside the Philippines, by a person who does not have his
domicile in this country, is valid when it is done according to the law of the place where the will
was made, or according to the law of the place in which the testator had his domicile at the time;
and if the revocation takes place in this country, when it is in accordance with the provisions of
this Code. (n)
Article 1039. Capacity to succeed is governed by the law of the nation of the decedent. (n)
Article 1319. Consent is manifested by the meeting of the offer and the acceptance upon the
thing and the cause which are to constitute the contract. The offer must be certain and the
acceptance absolute. A qualified acceptance constitutes a counter-offer.
Acceptance made by letter or telegram does not bind the offerer except from the time it came to
his knowledge. The contract, in such a case, is presumed to have been entered into in the place
where the offer was made. (1262a)
Article 1753. The law of the country to which the goods are to be transported shall govern the
liability of the common carrier for their loss, destruction or deterioration.

C. Corporation Code Secs. 123, 129, 133

Section 123. Definition and rights of foreign corporations. For the purposes of this Code, a
foreign corporation is one formed, organized or existing under any laws other than those of the
Philippines and whose laws allow Filipino citizens and corporations to do business in its own
country or state. It shall have the right to transact business in the Philippines after it shall have
obtained a license to transact business in this country in accordance with this Code and a
certificate of authority from the appropriate government agency. (n)
Section 129. Law applicable. Any foreign corporation lawfully doing business in the Philippines
shall be bound by all laws, rules and regulations applicable to domestic corporations of the same
class, except such only as provide for the creation, formation, organization or dissolution of
corporations or those which fix the relations, liabilities, responsibilities, or duties of stockholders,
members, or officers of corporations to each other or to the corporation. (73a)
Section 133. Doing business without a license. No foreign corporation transacting business in
the Philippines without a license, or its successors or assigns, shall be permitted to maintain or
intervene in any action, suit or proceeding in any court or administrative agency of the
Philippines; but such corporation may be sued or proceeded against before Philippine courts or
administrative tribunals on any valid cause of action recognized under Philippine laws. (69a)

D. Family Code 10, 21, 26, 35, 36, 37, 38, 80

Article 10. In case of doubt in the interpretation or application of laws, it is presumed that the
lawmaking body intended right and justice to prevail. (n)
Article 21. Any person who wilfully causes loss or injury to another in manner that is contrary to
morals, good customs or public policy shall compensate the latter for the damage.
Article 26. Every person shall respect the dignity, personality, privacy and peace of mind of his
neighbors and other persons. The following and similar acts, though they may not constitute a
criminal offense, shall produce a cause of action for damages, prevention and other relief:
(1) Prying into the privacy of another's residence;
(2) Meddling with or disturbing the private life or family relations of another;
(3) Intriguing to cause another to be alienated from his friends;
(4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of
birth, physical defect, or other personal condition.


Article 35. When a person, claiming to be injured by a criminal offense, charges another with
the same, for which no independent civil action is granted in this Code or any special law, but the
justice of the peace finds no reasonable grounds to believe that a crime has been committed, or
the prosecuting attorney refuses or fails to institute criminal proceedings, the complaint may
bring a civil action for damages against the alleged offender. Such civil action may be supported
by a preponderance of evidence. Upon the defendant's motion, the court may require the
plaintiff to file a bond to indemnify the defendant in case the complaint should be found to be
If during the pendency of the civil action, an information should be presented by the prosecuting
attorney, the civil action shall be suspended until the termination of the criminal proceedings.
Article 36. Pre-judicial questions, which must be decided before any criminal prosecution may
be instituted or may proceed, shall be governed by rules of court which the Supreme Court shall
promulgate and which shall not be in conflict with the provisions of this Code.
Article 37. Juridical capacity, which is the fitness to be the subject of legal relations, is inherent
in every natural person and is lost only through death. Capacity to act, which is the power to do
acts with legal effect, is acquired and may be lost. (n)
Article 38. Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil
interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated person
from certain obligations, as when the latter arise from his acts or from property relations, such as
easements. (32a)
Article 80. The following marriages shall be void from the beginning:
(1) Those contracted under the ages of sixteen and fourteen years by the male and female
respectively, even with the consent of the parents;
(2) Those solemnized by any person not legally authorized to perform marriages;
(3) Those solemnized without a marriage license, save marriages of exceptional character;
(4) Bigamous or polygamous marriages not falling under article 83, number 2;
(5) Incestuous marriages mentioned in article 81;
(6) Those where one or both contracting parties have been found guilty of the killing of the
spouse of either of them;
(7) Those between stepbrothers and stepsisters and other marriages specified in article 82. (n)

E. RPC Art. 2
Article 2. Application of its provisions. - Except as provided in the treaties and laws of
preferential application, the provisions of this Code shall be enforced not only within the
Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also
outside of its jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or airship
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations
and securities issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the obligations
and securities mentioned in the presiding number;
4. While being public officers or employees, should commit an offense in the exercise of their
functions; or
5. Should commit any of the crimes against national security and the law of nations, defined in
Title One of Book Two of this Code.

F. Rules of Court:
Rule 4, Sec. 2;


Section 2. Venue of personal actions. All other actions may be commenced and tried where
the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the
principal defendants resides, or in the case of a non-resident defendant where he may be found,
at the election of the plaintiff. (2[b]a)
Rule 8, Sec. 6;
Section 6. Judgment. In pleading a judgment or decision of a domestic or foreign court,
judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the judgment or
decision without setting forth matter showing jurisdiction to render it. (6)
Rule 11, Sec. 2;
Section 2. Answer of a defendant foreign private juridical entity. Where the defendant is a
foreign private juridical entity and service of summons is made on the government official
designated by law to receive the same, the answer shall be filed within thirty (30) days after
receipt of summons by such entity. (2a)
Rule 14, Sec. 12, 14, 15, 16;
Section 12. Service upon foreign private juridical entities. When the defendant is a foreign
private juridical entity which has transacted business in the Philippines, service may be made on
its resident agent designated in accordance with law for that purpose, or, if there be no such
agent, on the government official designated by law to that effect, or on any of its officers or
agents within the Philippines. (14a)
Section 14. Service upon defendant whose identity or whereabouts are unknown. In any
action where the defendant is designated as an unknown owner, or the like, or whenever his
whereabouts are unknown and cannot be ascertained by diligent inquiry, service may, by leave
of court, be effected upon him by publication in a newspaper of general circulation and in such
places and for such time as the court may order. (16a)
Section 15. Extraterritorial service. When the defendant does not reside and is not found in
the Philippines, and the action affects the personal status of the plaintiff or relates to, or the
subject of which is, property within the Philippines, in which the defendant has or claims a lien or
interest, actual or contingent, or in which the relief demanded consists, wholly or in part, in
excluding the defendant from any interest therein, or the property of the defendant has been
attached within the Philippines, service may, by leave of court, be effected out of the Philippines
by personal service as under section 6; or by publication in a newspaper of general circulation in
such places and for such time as the court may order, in which case a copy of the summons and
order of the court shall be sent by registered mail to the last known address of the defendant, or
in any other manner the court may deem sufficient. Any order granting such leave shall specify a
reasonable time, which shall not be less than sixty (60) days after notice, within which the
defendant must answer. (17a)
Section 16. Residents temporarily out of the Philippines. When any action is commenced
against a defendant who ordinarily resides within the Philippines, but who is temporarily out of it,
service may, by leave of court, be also effected out of the Philippines, as under the preceding
section. (18a)
Rule 23, Sec. 11, 12;
Section 11. Persons before whom depositions may be taken in foreign countries. In a foreign
state or country, depositions may be taken (a) on notice before a secretary of embassy or
legation, consul general, consul, vice-consul, or consular agent of the Republic of the Philippines,
(b) before such person or officer as may be appointed by commission or under letters rogatory;
or (c) the person referred to in section 14 hereof. (11a, R24)
Section 12. Commission or letters rogatory. A commission or letters rogatory shall be issued
only when necessary or convenient, on application and notice, and on such terms, and with such
direction as are just and appropriate. Officers may be designated in notices or commissions
either by name or descriptive title and letters rogatory may be addressed to the appropriate
judicial authority in the foreign country. (12a, R24)
Rule 39, Sec. 48;


Section 48. Effect of foreign judgments or final orders. The effect of a judgment or final order
of a tribunal of a foreign country, having jurisdiction to render the judgment or final order is as
(a) In case of a judgment or final order upon a specific thing, the judgment or final order, is
conclusive upon the title to the thing, and
(b) In case of a judgment or final order against a person, the judgment or final order is
presumptive evidence of a right as between the parties and their successors in interest by a
subsequent title.
In either case, the judgment or final order may be repelled by evidence of a want of jurisdiction,
want of notice to the party, collusion, fraud, or clear mistake of law or fact. (50a)
Rule 73, Sec. 1;
Section 1. Where estate of deceased persons settled. If the decedents is an inhabitant of the
Philippines at the time of his death, whether a citizen or an alien, his will shall be proved, or
letters of administration granted, and his estate settled, in the Court of First Instance in the
province in which he resides at the time of his death, and if he is an inhabitant of a foreign
country, the Court of First Instance of any province in which he had estate. The court first taking
cognizance of the settlement of the estate of a decedent, shall exercise jurisdiction to the
exclusion of all other courts. The jurisdiction assumed by a court, so far as it depends on the
place of residence of the decedent, or of the location of his estate, shall not be contested in a
suit or proceeding, except in an appeal from that court, in the original case, or when the want of
jurisdiction appears on the record.
Rule 77, Sec. 1;
Section 1. Will proved outside Philippines may be allowed here. Wills proved and allowed in a
foreign country, according to the laws of such country, may be allowed, filed, and recorded by
the proper Court of First Instance in the Philippines.
Rule 92, Sec.1;
Section 1. Where to institute proceedings. Guardianship of a person or estate of a minor or
incompetent may be instituted in the Court of First Instance of the province, or in the justice of
the peace court of the municipality, or in the municipal court chartered city where the minor or
incompetent persons resides, and if he resides in a foreign country, in the Court of First Instance
of the province wherein his property or the party thereof is situated; provided, however, that
where the value of the property of such minor or incompetent exceeds that jurisdiction of the
justice of the peace or municipal court, the proceedings shall be instituted in the Court of First
In the City of Manila the proceedings shall be instituted in the Juvenile and Domestic Relations
Rule 131, Sec. 3(n);
Section 3. Disputable presumptions. The following presumptions are satisfactory if
uncontradicted, but may be contradicted and overcome by other evidence:
(n) That a court, or judge acting as such, whether in the Philippines or elsewhere, was acting in
the lawful exercise of jurisdiction;
Rule 132, Sec. 19(a), 24.
Section 19. Classes of Documents. For the purpose of their presentation evidence,
documents are either public or private.
Public documents are:
(a) The written official acts, or records of the official acts of the sovereign authority, official
bodies and tribunals, and public officers, whether of the Philippines, or of a foreign country;
Section 24. Proof of official record. The record of public documents referred to in paragraph
(a) of Section 19, when admissible for any purpose, may be evidenced by an official publication
thereof or by a copy attested by the officer having the legal custody of the record, or by his
deputy, and accompanied, if the record is not kept in the Philippines, with a certificate that such


officer has the custody. If the office in which the record is kept is in foreign country, the
certificate may be made by a secretary of the embassy or legation, consul general, consul, vice
consul, or consular agent or by any officer in the foreign service of the Philippines stationed in
the foreign country in which the record is kept, and authenticated by the seal of his office. (25a)

Jovito Salonga, Private International Law, pages 15-44 (1995)