I.

CONSTITUTION, arts. IV (1)-(5)

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.

SEC. 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 accordance with law.

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)

SEC. 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.
SEC. 3.
Philippine citizenship may be lost or reacquired in the manner provided by law.

Art. 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)
Art. 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)

SEC. 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.

Art. 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)

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

Art. 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)

II. CIVIL CODE, arts. 14, 15, 16, 17, 815, 816, 818, 819, 829, 1039, 1319, and 1753

Art. 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.

Art. 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)
Art. 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)
Art. 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)
Art. 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.

Michelle Duguil

Art. 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)
Art. 1039. Capacity to succeed is governed by the law of the nation of the decedent

Art. 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.

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Art. 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.
III. CORPORATION CODE, secs. 123, 129, and 133

Sec. 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.
Sec. 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.
Sec. 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

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:
(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 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)

IV. FAMILY CODE, arts. 10, 21, 26, 35, 36, 37, 38, and 80

Art. 10. Marriages between Filipino citizens abroad may be solemnized by a consulgeneral, 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.
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.

Michelle Duguil

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)

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

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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:
(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.
V. REVISED PENAL CODE, art. 2.

Art. 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
VI. 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,
sec. 1; Rule 92, sec. 1, Rule 131, sec. 3(n); Rule 132, secs. 19(a) & 24.
Rule 4, sec. 2;
Sec. 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
Rule 8, sec. 6; - Manner of making allegations in pleadings

Sec. 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.
Rule 14, sec. 12, 14, 15 & 16; - summons
Sec. 12. Service upon foreign private juridical entity.
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.
Sec. 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.
Sec. 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.
Sec. 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.
Rule 23, secs. 11 & 12; - depositions pending actions

Sec. 6. Judgment.
In pleading a judgment or decision of a domestic or foreign court, judicial or quasijudicial 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

Michelle Duguil

Rule 11, sec 2; - when to file responsive pleadings

Sec. 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.

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Sec. 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.

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 39, sec. 48 execution, satisfaction and effect of judgment

Sec. 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 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.

Rule 131, sec. 3(n) Burden of proof and presumptions

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, secs. 19(a) & 24.- Presentation of evidence

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.

Section 19.
Classes of Documents. For the purpose of their presentation
evidence, documents are either public or private.

Rule 73, sec. 1 settlement of estate of deceased personsl venue and process
Public documents are:
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.

(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;
(b) Documents acknowledge before a notary public except last wills and testaments;
and
(c) Public records, kept in the Philippines, of private documents required by law to the
entered therein.
All other writings are private. (

Rule 77, sec. 1;- allowance of will proved outside the PH and admin of estate
thereafter
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, - General guardians and guardianship
Section 1.

Michelle Duguil

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.

Where to institute proceedings.

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 Michelle Duguil

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