Constitution, arts.

IV(1)-(5)

persons are binding upon citizens of the Philippines,

even though living abroad. (9a)

ARTICLE IV CITIZENSHIP
Section 1. The
Philippines:

following

are

citizens

of

the

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.
Section 5. Dual allegiance of citizens is inimical to the
national interest and shall be dealt with by law.

Civil Code, arts. 14, 15, 16, 17, 815, 816, 818, 819,
829, 1039, 1319, and 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

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. (11a)
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 817. A will made in the Philippines by a citizen

or subject of another country, which is executed in
accordance with the law of the country of which he is
a citizen or subject, and which might be proved and
allowed by the law of his own country, shall have the
same effect as if executed according to the laws of
the Philippines. (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.

Corporation

Code,

secs.

123,

129,

and

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)
Family Code, arts. 10, 21, 26, 35, 36, 37, 38 and 80
Art. 10. Marriages between Filipino citizens abroad
may be solemnized by a consul-general, consul or
vice-consul of the Republic of the Philippines. The
issuance of the marriage license and the duties of the
local civil registrar and of the solemnizing officer with
regard to the celebration of marriage shall be
performed by said consular official. (75a)
Art. 21. When either or both of the contracting parties
are citizens of a foreign country, it shall be necessary
for them before a marriage license can be obtained,
to submit a certificate of legal capacity to contract
marriage, issued by their respective diplomatic or
consular officials.

Stateless persons or refugees from other countries

shall, in lieu of the certificate of legal capacity herein
required, submit an affidavit stating the circumstances
showing such capacity to contract marriage. (66a)
Art. 26. All marriages solemnized outside the
Philippines, in accordance with the laws in force in the
country where they were solemnized, and valid there
as such, shall also be valid in this country, except
those prohibited under Articles 35 (1), (4), (5) and (6),
3637 and 38. (17a)
Where a marriage between a Filipino citizen and a
foreigner is validly celebrated and a divorce is
thereafter validly obtained abroad by the alien spouse
capacitating him or her to remarry, the Filipino spouse
shall have capacity to remarry under Philippine law.
(As amended by Executive Order 227)
Art. 35. The following marriages shall be void from the
beginning:

such incapacity becomes manifest only after its

solemnization. (As amended by Executive Order 227)
Art. 37. Marriages between the following are
incestuous and void from the beginning, whether
relationship between the parties be legitimate or
illegitimate:
(1) Between ascendants and descendants of
any degree; and
(2) Between brothers and sisters, whether of
the full or half blood. (81a)
Art. 38. The following marriages shall be void from the
beginning for reasons of public policy:
(1) Between collateral blood relatives whether
legitimate or illegitimate, up to the fourth civil
degree;
(2) Between step-parents and step-children;

(1) Those contracted by any party below

eighteen years of age even with the consent
of parents or guardians;
(2) Those solemnized by any person not
legally authorized to perform marriages unless
such marriages were contracted with either or
both parties believing in good faith that the
solemnizing officer had the legal authority to
do so;
(3) Those solemnized without license, except
those covered the preceding Chapter;
(4) Those bigamous or polygamous marriages
not failing under Article 41;
(5) Those contracted through mistake of one
contracting party as to the identity of the
other; and
(6) Those subsequent marriages that are void
under Article 53.
Art. 36. A marriage contracted by any party who, at
the time of the celebration, was psychologically
incapacitated to comply with the essential marital
obligations of marriage, shall likewise be void even if

(3) Between parents-in-law and children-inlaw;

(4) Between the adopting parent and the
adopted child;
(5) Between the surviving spouse of the
adopting parent and the adopted child;
(6) Between the surviving spouse of the
adopted child and the adopter;
(7) Between an adopted child and a legitimate
child of the adopter;
(8) Between adopted children of the same
adopter; and
(9) Between parties where one, with the
intention to marry the other, killed that other
person's spouse, or his or her own spouse.
(82)
Art. 80. In the absence of a contrary stipulation in a
marriage settlement, the property relations of the
spouses shall be governed by Philippine laws,
regardless of the place of the celebration of the
marriage and their residence.

This rule shall not apply:

sec. 1; Rule 92, sec. 1; Rule 131, sec. 3(n); Rule 132,
secs. 19(a) & 24.

(1) Where both spouses are aliens;

(2) With respect to the extrinsic validity of
contracts affecting property not situated in the
Philippines and executed in the country where
the property is located; and
(3) With respect to the extrinsic validity of
contracts entered into in the Philippines but
affecting property situated in a foreign country
whose laws require different formalities for its
extrinsic validity. (124a)

Rule 4 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)

Revised Penal Code, art. 2.

Rule 8 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)

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:

Rule 11 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)

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.
Rules of Court, Rule 4, sec. 2; Rule 8, sec. 6; Rule 11,
sec. 2; Rule 14, sec. 12, 14, 15 & 16; Rule 23, secs.
11 & 12; Rule 39, sec. 48; Rule 73, sec. 1; Rule 77,

Rule 14:
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:
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)

of a tribunal of a foreign country, having jurisdiction to

render the judgment or final order is as follows:
(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)
Settlement Of Estate Of Deceased Persons RULE
73 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.
Allowance of Will Proved Outside of Philippines
and Administration of Estate Thereunder
RULE 77 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.
General Guardians and Guardianship

Rule 39 Section 48. Effect of foreign judgments or

final orders. The effect of a judgment or final order

RULE 92 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
Instance.
In the City of Manila the proceedings shall be
instituted in the Juvenile and Domestic Relations
Court.
Rule 131 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;
B.
AUTHENTICATION
DOCUMENTS

AND

PROOF

OF

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)