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CONFLICTS OF LAW CONSTITUTIONAL LAW

ARTICLE IV CITIZENSHIPSection 1. The following are citizens of thePhilippines:1 Those who are citizens of the Philippines

at the time of the adoption of thisConstitution;

2 Those whose fathers or mothers arecitizens of the Philippines;

3 Those born before January 17, 1973, ofFilipino mothers, who electPhilippine Citizenship uponreaching the age of majority; and

4 Those who are naturalized in theaccordance 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 Philippinecitizenship. Those who elect Philippinecitizenship in accordance with paragraph(3), Section 1 hereof shall be deemednatural-born citizens.Section 3. Philippine citizenship may belost or reacquired in the manner provided bylaw.Section 4. Citizens of the Philippines whomarry aliens shall retain their citizenship,unless by their act or omission they aredeemed, under the law to have renounced it.Section 5. Dual allegiance of citizens isinimical to the national interest and shall bedealt with by law.

CIVIL CODE Article 14. Penal laws and those of publicsecurity and safety shall be obligatory uponall who live or sojourn in the Philippineterritory, subject to the principles of publicinternational law and to treaty stipulations.(8a)

Article 15. Laws relating to family rightsand duties, or to the status, condition andlegal capacity of persons are binding uponcitizens of the Philippines, even though

living abroad. (9a) Article 16. Real property as well aspersonal property is subject to the law of thecountry where it is stipulated.However, intestate and testamentarysuccessions, both with respect to the orderof succession and to the amount ofsuccessional rights and to the intrinsic

validity of testamentary provisions, shall beregulated by the national law of the person

whose succession is under consideration, whatever may be the nature of the propertyand regardless of the country wherein saidproperty may be found. (10a)

Article 17. The forms and solemnities ofcontracts, wills, and other publicinstruments shall be governed by the laws ofthe country in which they are executed.

When the acts referred to are executed before the diplomatic or consular officials ofthe Republic of the Philippines in a foreigncountry, the solemnities established byPhilippine laws shall be observed in theirexecution.Prohibitive laws concerning persons, theiracts or property, and those which have fortheir object public order, public policy andgood customs shall not be renderedineffective by laws or judgments

promulgated, or by determinations orconventions agreed upon in a foreigncountry. (11a)

Article 815. When a Filipino is in a foreigncountry, he is authorized to make a will inany of the forms established by the law ofthe country in which he may be. Such willmay be probated in the Philippines. (n)

Article 816. The will of an alien who isabroad produces effect in the Philippines ifmade with the formalities prescribed by thelaw of the place in which he resides, oraccording to the formalities observed in hiscountry, or in conformity with those whichthis Code prescribes. (n)

Article 818. Two or more persons cannotmake a will jointly, or in the sameinstrument, either for their reciprocal

benefit or for the benefit of a third person.(669)

Article 819. Wills, prohibited by thepreceding article, executed by Filipinos in aforeign country shall not be valid in thePhilippines, even though authorized by the

laws of the country where they may have been executed. (733a)

Article 829. A revocation done outside thePhilippines, by a person who does not havehis domicile in this country, is valid when itis done according to the law of the place

where the will was made, or according to thelaw of the place in which the testator had hisdomicile at the time; and if the revocation

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takes place in this country, when it is inaccordance with the provisions of this Code.(n)

Article 1039. Capacity to succeed isgoverned by the law of the nation of thedecedent. (n)

Article 1319. Consent is manifested by themeeting of the offer and the acceptanceupon the thing and the cause which are toconstitute the contract. The offer must becertain and the acceptance absolute. Aqualified acceptance constitutes a counter-offer.

Acceptance made by letter or telegram doesnot bind the offerer except from the time itcame to his knowledge. The contract, in sucha case, is presumed to have been enteredinto in the place where the offer was made.

(1262a)

Article 1753. The law of the country to which the goods are to be transported shallgovern the liability of the common carrierfor their loss, destruction or deterioration.

CORPORATION CODESection 123. Definition and rights of

foreign corporations. – For the purposes ofthis Code, a foreign corporation is oneformed, organized or existing under anylaws other than those of the Philippines and

whose laws allow Filipino citizens andcorporations to do business in its owncountry or state. It shall have the right totransact business in the Philippines after itshall have obtained a license to transact

business in this country in accordance withthis Code and a certificate of authority fromthe appropriate government agency. (n)

Section 129. Law applicable. – Anyforeign corporation lawfully doing businessin the Philippines shall be bound by all laws,rules and regulations applicable to domestic

corporations of the same class, except suchonly as provide for the creation, formation,organization or dissolution of corporationsor those which fix the relations, liabilities,responsibilities, or duties of stockholders,members, or officers of corporations to eachother or to the corporation. (73a)

Section 133. Doing business without alicense. – No foreign corporation transacting

business in the Philippines without a license,or its successors or assigns, shall bepermitted to maintain or intervene in anyaction, suit or proceeding in any court oradministrative agency of the Philippines; butsuch corporation may be sued or proceededagainst before Philippine courts oradministrative tribunals on any valid causeof action recognized under Philippine laws.(69a)

FAMILY CODE

Art. 10. Marriages between Filipino citizensabroad may be solemnized by a consul-general, consul or vice-consul of theRepublic of the Philippines. The issuance ofthe marriage license and the duties of thelocal civil registrar and of the solemnizingofficer with regard to the celebration of

marriage shall be performed by saidconsular official. (75a)

Art. 21. When either or both of thecontracting parties are citizens of a foreigncountry, it shall be necessary for them beforea marriage license can be obtained, tosubmit a certificate of legal capacity tocontract marriage, issued by their respectivediplomatic or consular officials.Stateless persons or refugees from othercountries shall, in lieu of the certificate oflegal capacity herein required, submit anaffidavit stating the circumstances showingsuch capacity to contract marriage. (66a)

Art. 26. All marriages solemnized outsidethe Philippines, in accordance with the lawsin force in the country where they weresolemnized, and valid there as such, shallalso be valid in this country, except thoseprohibited under Articles 35 (1), (4), (5) and(6), 3637 and 38. (17a)

Where a marriage between a Filipino citizenand a foreigner is validly celebrated and adivorce is thereafter validly obtained abroad

by the alien spouse capacitating him or her

to remarry, the Filipino spouse shall havecapacity 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 beloweighteen years of age even with the consentof parents or guardians;

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(2) Those solemnized by any person notlegally authorized to perform marriagesunless such marriages were contracted witheither or both parties believing in good faiththat the solemnizing officer had the legalauthority to do so;(3) Those solemnized without license, exceptthose covered the preceding Chapter;(4) Those bigamous or polygamousmarriages not failing under Article 41;(5) Those contracted through mistake of onecontracting party as to the identity of theother; 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, waspsychologically incapacitated to comply withthe essential marital obligations of marriage,

shall likewise be void even if such incapacity becomes manifest only after itssolemnization. (As amended by ExecutiveOrder 227)

Art. 37. Marriages between the followingare incestuous and void from the beginning,

whether relationship between the parties belegitimate or illegitimate:(1) Between ascendants and descendants ofany degree; and(2) Between brothers and sisters, whether ofthe full or half blood. (81a)

Art. 38. The following marriages shall be void from the beginning for reasons ofpublic policy:(1) Between collateral blood relatives

whether legitimate or illegitimate, up to thefourth civil degree;(2) Between step-parents and step-children;(3) Between parents-in-law and children-in-law;(4) Between the adopting parent and theadopted child;(5) Between the surviving spouse of theadopting parent and the adopted child;

(6) Between the surviving spouse of theadopted child and the adopter;(7) Between an adopted child and alegitimate child of the adopter;(8) Between adopted children of the sameadopter; and(9) Between parties where one, with theintention to marry the other, killed thatother person's spouse, or his or her ownspouse. (82)

Art. 80. In the absence of a contrarystipulation in a marriage settlement, theproperty relations of the spouses shall begoverned by Philippine laws, regardless ofthe place of the celebration of the marriageand their residence.This rule shall not apply:(1) Where both spouses are aliens;(2) With respect to the extrinsic validity ofcontracts affecting property not situated inthe Philippines and executed in the country

where the property is located; and(3) With respect to the extrinsic validity ofcontracts entered into in the Philippines butaffecting property situated in a foreigncountry whose laws require differentformalities for its extrinsic validity. (124a)

RPC

Article 2. Application of its provisions. -Except as provided in the treaties and lawsof preferential application, the provisions ofthis Code shall be enforced not only withinthe Philippine Archipelago, including itsatmosphere, its interior waters andmaritime zone, but also outside of its

jurisdiction, against those who:1. Should commit an offense while on aPhilippine ship or airship2. Should forge or counterfeit any coin orcurrency note of the Philippine Islands orobligations and securities issued by theGovernment of the Philippine Islands;3. Should be liable for acts connected withthe introduction into these islands of theobligations and securities mentioned in thepresiding number;4. While being public officers or employees,should commit an offense in the exercise oftheir functions; or5. Should commit any of the crimes againstnational security and the law of nations,defined in Title One of Book Two of thisCode.

RULES OF COURTRULE 4, Section 2. Venue of personalactions. — All other actions may becommenced and tried where the plaintiff orany of the principal plaintiffs resides, or

where the defendant or any of the principaldefendants resides, or in the case of a non-resident defendant where he may be found,at the election of the plaintiff. (2[b]a)

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RULE 8 Section 6. Judgment . — Inpleading a judgment or decision of adomestic or foreign court, judicial or quasi-

judicial tribunal, or of a board or officer, it issufficient to aver the judgment or decision

without setting forth matter showing jurisdiction to render it. (6)RULE 11 Section 2. Answer of adefendant foreign private juridical entity.— Where the defendant is a foreign private

juridical entity and service of summons ismade on the government official designated

by law to receive the same, the answer shall be filed within thirty (30) days after receiptof summons by such entity. (2a)

RULE 14, Section 12. Service upon foreign private juridical entities. — Whenthe defendant is a foreign private juridical

entity which has transacted business in thePhilippines, service may be made on itsresident agent designated in accordance

with law for that purpose, or, if there be nosuch agent, on the government officialdesignated by law to that effect, or on any ofits officers or agents within the Philippines.(14a)

Section 14. Service upon defendant whoseidentity or whereabouts are unknown. — Inany action where the defendant isdesignated as an unknown owner, or thelike, or whenever his whereabouts areunknown and cannot be ascertained bydiligent inquiry, service may, by leave ofcourt, be effected upon him by publication ina newspaper of general circulation and insuch places and for such time as the courtmay order. (16a)

Section 15. Extraterritorial service. — When the defendant does not reside and isnot found in the Philippines, and the actionaffects the personal status of the plaintiff orrelates 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 reliefdemanded consists, wholly or in part, inexcluding the defendant from any interesttherein, or the property of the defendant has

been attached within the Philippines, servicemay, by leave of court, be effected out of thePhilippines by personal service as undersection 6; or by publication in a newspaperof general circulation in such places and for

such time as the court may order, in whichcase a copy of the summons and order of thecourt shall be sent by registered mail to thelast known address of the defendant, or inany other manner the court may deemsufficient. Any order granting such leaveshall specify a reasonable time, which shallnot be less than sixty (60) days after notice,

within which the defendant must answer.(17a)

Section 16. Residents temporarily out ofthe Philippines. — When any action iscommenced against a defendant whoordinarily resides within the Philippines, but

who is temporarily out of it, service may, byleave of court, be also effected out of thePhilippines, as under the preceding section.(18a)

RULE 23 Section 11. Persons beforewhom depositions may be taken in foreigncountries. — 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, orconsular agent of the Republic of thePhilippines, (b) before such person or officeras may be appointed by commission orunder letters rogatory; or (c) the personreferred to in section 14 hereof. (11a, R24)RULE 23 Section 12. Commission orletters rogatory. — A commission or lettersrogatory shall be issued only when necessaryor convenient, on application and notice,and on such terms, and with such directionas are just and appropriate. Officers may bedesignated in notices or commissions either

by name or descriptive title and lettersrogatory may be addressed to theappropriate judicial authority in the foreigncountry. (12a, R24)

RULE 39 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 torender the judgment or final order is asfollows:(a) In case of a judgment or final order upona specific thing, the judgment or final order,is conclusive upon the title to the thing, and(b) In case of a judgment or final orderagainst a person, the judgment or final orderis presumptive evidence of a right as

between the parties and their successors in

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interest by a subsequent title.In either case, the judgment or final ordermay be repelled by evidence of a want of

jurisdiction, want of notice to the party,collusion, fraud, or clear mistake of law orfact. (50a)

RULE 73 Section 1. Where estate ofdeceased persons settled . — If the decedentsis an inhabitant of the Philippines at thetime of his death, whether a citizen or analien, his will shall be proved, or letters ofadministration granted, and his estatesettled, in the Court of First Instance in theprovince in which he resides at the time ofhis death, and if he is an inhabitant of aforeign country, the Court of First Instanceof any province in which he had estate. Thecourt first taking cognizance of thesettlement of the estate of a decedent, shall

exercise jurisdiction to the exclusion of allother courts. The jurisdiction assumed by acourt, so far as it depends on the place ofresidence of the decedent, or of the locationof his estate, shall not be contested in a suitor proceeding, except in an appeal from thatcourt, in the original case, or when the wantof jurisdiction appears on the record.

RULE 77 Section 1. Will proved outside Philippines may be allowed here. — Willsproved and allowed in a foreign country,according to the laws of such country, may

be allowed, filed, and recorded by the properCourt of First Instance in the Philippines.

RULE 92 Section 1. Where to institute proceedings. — Guardianship of a person orestate of a minor or incompetent may beinstituted in the Court of First Instance ofthe province, or in the justice of the peacecourt of the municipality, or in themunicipal court chartered city where theminor or incompetent persons resides, and

if he resides in a foreign country, in theCourt of First Instance of the province

wherein his property or the party thereof issituated; provided, however, that where the

value of the property of such minor orincompetent exceeds that jurisdiction of the

justice of the peace or municipal court, theproceedings shall be instituted in the Courtof First Instance.

In the City of Manila the proceedings shall be instituted in the Juvenile and DomesticRelations Court.

RULE 131 Section 3. Disputable presumptions. — The followingpresumptions are satisfactory ifuncontradicted, but may be contradictedand overcome by other evidence: (n) That a court, or judge acting as such,

whether in the Philippines or elsewhere, wasacting in the lawful exercise of jurisdiction;

RULE 132 Section 19. Classes of Documents. — For the purpose of theirpresentation evidence, documents are eitherpublic or private.Public documents are:

(a) The written official acts, or recordsof the official acts of the sovereign

authority, official bodies andtribunals, and public officers,

whether of the Philippines, or of aforeign country;

RULE 132 Section 24. Proof of officialrecord . — The record of public documentsreferred to in paragraph (a) of Section 19,

when admissible for any purpose, may beevidenced by an official publication thereofor by a copy attested by the officer havingthe legal custody of the record, or by hisdeputy, and accompanied, if the record isnot kept in the Philippines, with a certificatethat such officer has the custody. If the officein which the record is kept is in foreigncountry, the certificate may be made by asecretary of the embassy or legation, consulgeneral, consul, vice consul, or consularagent or by any officer in the foreign serviceof the Philippines stationed in the foreigncountry in which the record is kept, andauthenticated by the seal of his office. (25a)