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1987 CONSTITUTION principles of public international law and to

treaty stipulations.
ART IV - CITIZENSHIP
Art 15. Laws relation to family rights and duties,
Sec 1. The following are citizen of the or to the status, condition and legal capacity of
Philippines: persons are binding upon citizens of the
1. Those who are citizens of the Philippines, even though living abroad.
Philippines at the time of the adoption of Art 16. Real property as well as personal
the Constitution; property is subject to the law of the country
2. Those whose fathers or mothers are where it is situated. [LEX REI SITAE]
citizens of the Philippines;
3. Those born before Jan. 17, 1973, of However, intestate and testamentary
Filipino mothers, who elect Philippine successions, both with respect to order of
citizenship upon reaching the age of succession and to the amount of successional
majority; and rights and to the intrinsic validity of
4. Those who are naturalized in accordance testamentary provisions, shall be regulated by
with law. the national law of the person whose succession
is under consideration, whatever may be the
Sec 2. Natural-born citizens are those who are nature of the property and regardless of the
citizens of the Philippines from birth without country wherein said property may be found.
having to perform any act to acquire or perfect
their Philippine citizenship. Those who elect Art 17. The forms and solemnities of contracts,
Philippine citizenship in accordance with wills and other public instrument shall be
paragraph (3), Section 1 hereof shall be deemed governed by the laws of the country in which
natural-born citizens. they are executed. [LEX LOCI
CELEBRATIONIS]
Sec 3. Philippine citizenship may be lost or
reacquired in the manner provided by law. When the acts referred to are executed
before the diplomatic or consular officials of the
Sec 4. Citizens of the Philippines who marry Republic of the Philippines in a foreign country,
aliens shall retain their citizenship, unless by the solemnities established by Philippine laws
their act or omission they are deemed, under the shall be observed in their execution.
law, to have renounced it.
Prohibitive laws concerning persons,
Sec 5. Dual allegiance of citizens is inimical to their acts or property, and those which have foe
the national interest and shall be dealt with by their object public order, public policy and good
law. customs shall not be rendered ineffective by
laws or judgments promulgated, or by
determinations or conventions agreed upon in a
NEW CIVIL CODE foreign country.

Art 14. Penal laws and those of public security Art 815. When a Filipino is in a foreign country,
and safety shall be obligatory upon all who live he is authorized to make a will in any of the
or sojourn in Philippine territory, subject to the forms established by the law of the country in
which he may be. Such will may be probated in liability of the common carrier for their loss,
the Philippines. destruction or deterioration.

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 CORPORATION CODE
in which he resides, or according to the
Sec 123. Definition and rights of foreign
formalities observed in his country, or in
corporations. – For the purposes of this Code, a
conformity with those which this Code
foreign corporation is one formed, organized or
prescribes. [ALIEN WHO IS ABROAD]
existing under any laws other than those of the
Art 818. Two or more persons cannot make a Philippines and whose laws allow Filipino
will jointly, or in the same instrument, either for citizens and corporations to do business in its
their reciprocal benefit or for the benefit of a own country or state. It shall have the right to
third person. transact business in the Philippines after it shall
have obtained a license to transact business in
Art 819. Wills, prohibited by the preceding this country in accordance with this Code and a
article executed by Filipinos in a foreign country certificate of authority from the appropriate
shall not be valid in the Philippines, even though government agency.
authorized by the laws of the country where they
may have been executed. [IF MADE BY Sec 129. Law Applicable.- Any foreign
ALIENS, ALLOWED] corporation lawfully doing business in the
Philippines shall be bound by all laws, rules and
Art 829. A revocation done outside the regulations applicable to domestic corporations
Philippines, by a person who does not have his of the class, except such only as provided for the
domicile in this country, is valid when it is done creation, formation, organization or dissolution
according to the law of the place where the will of corporations or those which fix the relations,
was made, or according to the law of the place in liabilities, responsibilities, or duties of
which the testator had his domicile at the time; stockholders, members, or officers of
and if the revocation takes place in this country, corporations to each other or to the corporation.
when it is in accordance with the provisions of
this Code. Sec 133. Doing business without a license. – No
foreign corporation transacting business in the
Art 1039. Capacity to succeed is governed by Philippines without a license, or its successors or
the law of the nation of the decedent. assigns, shall be permitted to maintain or
intervene in any action, suit or proceeding in any
Art 1319. Consent is manifested by the meeting
court or administrative agency of the
of the offer and the acceptance upon the thing
Philippines; but such corporation may be sued or
and of the cause which are to constitute the
proceeded against before Philippine courts or
contract. The offer must be certain and the
administrative tribunals on any valid cause of
acceptance absolute. A qualified acceptance
action recognized under Philippine laws.
constitutes a counter-offer.

Art 1753. The law of the country to which the


goods are to be transported shall govern the
FAMILY CODE unless such marriages were contracted
with either or both parties believing in
Art 10. Marriage between Filipino citizens good faith that the solemnizing officer
abroad may be solemnized by a consul-general, had the legal authority to do so;
consul or vice-consul of the Republic of the 3. Those solemnized without a license,
Philippines. The issuance of the marriage license except those covered by the preceding
and the duties of the local civil registrar and of Chapter;
the solemnizing officer with regard to the 4. Those bigamous or polygamous
celebration of the marriage shall be performed marriages not falling under Article 41;
by said consular official. [MUST BE BOTH 5. Those contracted through mistake of one
FILIPINOS, According to PH LAW Art 17 contracting party as to the identity of the
NCC] other; and
Art 21. When either or both the contracting 6. Those subsequent marriages that are
parties are citizens of a foreign country, it shall void under Article 53.
be necessary for them before a marriage license Art 36. A marriage contracted by any party who,
can be obtained, to submit a certificate of legal at the time of the celebration, was
capacity to contract marriage, issued by their psychologically incapacitated to comply with the
respective diplomatic or consular officials. essential marital obligations of marriage, shall
[ADHERES TO THE NATIONAL LAW OF likewise be void even if such incapacity
CONTRACTING PARTIES IE. US 16 YRS becomes manifest only after its solemnization.
OLD ALLOWED TO MARRY – ALLOWED
ALSO IN PH] Art 37. Marriages between the following are
incestuous and void from the beginning, whether
Art 26. All marriages solemnized outside the the relationship between the parties be legitimate
Philippines, in accordance with the laws in force or illegitimate:
in the country where they were solemnized, and
valid there as such, shall also be valid in this (1) Between ascendants and
country, except those prohibited under Art descendants of any degree; and
35(1), (4), (5) and (6), 36, 37 and 38. (2) Between brothers and sisters,
whether of the full or half blood.
When a marriage between a Filipino
citizen and a foreigner is validly celebrated and Art 38. The following marriages shall be void
a divorce is thereafter validly obtained abroad by from the beginning for reasons of public policy:
the alien spouse capacitating him or her to
remarry, the Filipino spouse shall likewise have (1) Between collateral blood relatives,
capacity to remarry under Philippine law. whether legitimate or illegitimate, up to
the fourth civil degree;
Art 35. The following marriages shall be void (2) Between step-parents and step-children;
from the beginning: (3) Between parents-in-law and children-in-
law;
1. Those contracted by any party below (4) Between adopting parents and the
eighteen years of age ven with the adopted child;
consent of parents or guardians; (5) Between the surviving spouse of the
2. Those solemnized by any person not adopting parent and the adopted child;
legally authorized to perform marriages
(6) Between the surviving spouse of the or obligations and securities issued by
adopted child and the adopter; the Government of the Philippine Island;
(7) Between an adopted child and a 3. Should be liable for acts connected with
legitimate child of the adopter; and the introduction into these islands of the
(8) Between parties where one, with the obligations and securities mention in the
intention to marry the other, killed that preceding number;
other person’s spouse or his or her own 4. While being public officers or
spouse. employees, should commit an offense in
the exercise of their functions; or
Art 80. In the absence of a contrary stipulation 5. Should commit any of the crimes
in a marriage settlement, the property relations against national security and the law of
of the spouses shall be governed by Philippine the nations, defined in Title One of
laws, regardless of the place of the celebration of Book Two of this Code.
the marriage and their residence.

This rule shall not apply:


RULES OF COURT
(1) Where both spouses are aliens;
(2) With respect to the extrinsic validity of Rule 4 – VENUE OF ACTIONS
contracts affecting property not situated
in the Philippines and executed in the Sec 2. Venue of personal actions. – All other
country where the property is located; actions may be commenced and tried where the
and plaintiff or any of the principal plaintiff resides,
(3) With respect to the extrinsic validity of or where the defendant or any of the principal
contracts entered into in the Philippines defendants resides, or in the case of a non-
but affecting property situated in a resident defendant where he may be found, at
foreign country whose laws require the election of the plaintiff.
different formalities for its extrinsic
Rule 8 – MANNER OF MAKING
validity.
ALLEGATIONS IN PLEADING

Sec 6. Judgment. – In pleading a judgment or


REVISED PENAL CODE decision of a domestic or foreign court, judicial
or quasi-judicial tribunal, or of a board or
Art 2. Application of its provisions. – Except as officer, it is sufficient to aver the judgment or
provided in the treaties and laws of preferential decision without setting forth matter showing
application, the provisions of this Code shall be jurisdiction to render it.
enforced not only within the Philippine
Archipelago, including its atmosphere, its Rule 11 – WHEN TO FILE RESPONSIVE
interior waters and maritime zone, but also PLEADINGS
outside of its jurisdiction, against those who: Sec 2. Answer of a defendant foreign private
1. Should commit an offense while on a juridical entity. – Where the defendant id a
Philippine ship or airship; foreign private juridical entity and service of
2. Should forge or counterfeit any coin or summons is made on the government official
currency note of the Philippine Islands designated by law to receive the same, the
answer shall be filed within thirty (30) days after and in such places for such time as the court
receipt of summons by such entity. may order.

Rule 14 – SUMMONS Sec 15. Extraterritorial service. – When the


defendant does not reside and is not found in the
Sec 12. Service upon foreign private juridical Philippines, and the action affects the personal
entity. – When the defendant is a foreign private status of the plaintiff or relates to, or the subject
juridical entity which has transacted business in of which is, property within the Philippines, in
the Philippines, service may be made on its which the defendant has or claims a lien or
resident agent designated in accordance with law interest, actual or contingent, or in which the
for that purpose, or if there be no such agent, on relief demanded consists, wholly or in part, in
the government official designated by law to that excluding the defendant from any interest
effect, or on any of its officers or agents in the therein, or the property of the defendant has
Philippines. been attached within the Philippines, service
If the foreign private juridical entity is may, by leave of court, be effected out of the
not registered in the Philippines or has no Philippines by personal service under Section 6;
resident agent, service may, with leave of court, or by publication in a newspaper of general
be effected out of the Philippines through any of circulation in such places and for such time as
the following means: the court may order, in which case a copy of the
summons and order of the court shall be
a) By personal service coursed through the registered mail to the last known address of the
appropriate court in the foreign country defendant, or in any other manner the court may
with the assistance of the Department of deem sufficient. Any order granting such leave
Foreign Affairs; shall specify a reasonable time, which shall not
b) By publication once in a newspaper of be less than sixty (60) days after notice, within
general circulation in the country where which the defendant must answer.
the defendant may be found and by
serving a copy of the summons and the Sec 16. Residents temporarily out of the
Philippines. – When any action is commenced
court order by registered mail at the last
known address of the defendant; against a defendant who ordinarily resides
c) By facsimile or any recognized within the Philippines, but who is temporarily
electronic means that could generate out of it, service may, by leave of court, be also
effected out of the Philippines, as under the
proof of service; or
d) By such other means as the court may in preceding section.
its discretion direct. Rule 23 – DEPOSITIONS PENDING ACTION
Sec 14. Service upon defendant whose identity Sec 11. Persons before whom depositions may
or whereabouts are unknown. – In any action be taken in foreign countries. – In a foreign state
where the defendant is designated as an or country, depositions may be taken (a) on
unknown error, or the like, or whenever his notice before a secretary of embassy or legation,
whereabouts are unknown and cannot be consul general, consul, vice-consul, or consular
ascertained by diligent inquiry, service may, by agent of the Republic of the Philippines; (b)
leave of court, be effected upon him by before such person or officer as may be
publication in a newspaper of general circulation appointed by commission or under letters
rogatory; or (c) the person referred to in Section Philippines at the time of his death, whether as a
14 hereof. citizen or an alien, his will shall be proved, or
letters of administration granted, and his estate
Sec 12. Commission or letters rogatory. – A settled, in the Court of First Instance in the
commission or letters rogatory shall be issued province in which he resides at the time of his
only when necessary or convenient, on death, and if he is an inhabitant of a foreign
application and notice, and on such terms and country, the Court of First Instance of any
with such direction as are just and appropriate. province in which he had estate. The court first
Officers may be designated in notices or taking cognizance of the settlement of the estate
commissions either by name or descriptive title of decedent, shall exercise jurisdiction to the
and letters rogatory may be addressed to the exclusion of all other courts. The jurisdiction
appropriate judicial authority in the foreign assumed by a court, so far as it depends on the
country. place of residence of the decedent, or of the
Rule 39 – EXECUTION, SATISFACTION location of his estate, shall not be contested in a
suit or proceeding, except in an appeal from that
AND EFFECT OF JUDGMENTS
court, in the original case, or when the want of
Sec 48. Effect of foreign judgments or final jurisdiction appears on the record.
orders. – The effect of a judgment or final order
of a tribunal of a foreign country, having Rule 77 – ALLOWANCE OF WILL PROVED
jurisdiction to render the judgment or final order OUTSIDE OF THE PHILIPPINES AND
is as follows: ADMINISTRATION OF ESTATE
THEREUNDER
(a) In case of a judgment or final order
upon a specific thing, the judgment or Sec 1. Will proved outside Philippines may be
final order is conclusive upon the title to allowed here. – Wills proved and allowed in a
the thing; and foreign country, according to the laws of such
(b) In case of a judgment or final order country, may be allowed, filed, and recorded by
against a person, the judgment or final the proper Court of First Instance in the
Philippines.
order is presumptive evidence of a right
as between the parties and their GENERAL GUARDIANS AND
successors in interest by a subsequent GUARDIANSHIP
title,
Rule 92 – VENUE
In either case, the judgment or final order
may be repelled by evidence of a want of Sec 1. Where to institute proceedings. –
jurisdiction, want of notice to the party, guardianship of the person or estate of a minor
collusion, fraud, or clear mistake of law or or incompetent may be instituted in the Court of
fact. [COLLATERAL ATTACK] First Instance of the province, or in the justice of
the peace court of the municipality, or in the
SETTLEMENT OF ESTATE OF DECEASED municipal court of the chartered city where the
PERSONS minor or incompetent person resides, and if he
Rule 73 – VENUE AND PROCESS resides in a foreign country, in the Court of First
Instance of the province wherein his property or
Sec 1. Where estate of deceased persons settled. part thereof is situated; provided, however, that
– If the decedent is an inhabitant of the where the value of the property of such minor on
incompetent exceeds jurisdiction of the justice money or delivered the thing
of the peace or municipal court, the proceedings accordingly;
shall be instituted in the Court of First Instance. (k) That a person acting in a public office
was regularly appointed or elected to it;
In the City of Manila, the proceedings (l) That official duty has been regularly
shall be instituted in the Juvenile and Domestic performed;
Relations Court. (m) That a court, or judge acting as such,
EVIDENCE whether in the Philippines or elsewhere,
was acting in the lawful exercise of
Rule 131 – BURDEN OF PROOF AND jurisdiction;
PRESUMPTIONS (n) That all the matters within an issue
raised in a case were laid before the
Sec 3. Disputable presumptions. – The following court and passed upon by it; and in like
presumptions are satisfactory if uncontradicted, manner that all matters within an issue
but may be contradicted and overcome by other raised in a dispute submitted for
evidence: arbitration were laid before the
arbitrators and passed upon by them;
(a) That a person is innocent of crime or
(o) That private transactions have been fair
wrong; that an unlawful act was done
and regular
with an unlawful intent;
(b) That a person intends the ordinary (p) That private transactions have been fair
consequences of his voluntary act; and regular;
(c) That a person takes ordinary care of his
concerns; (q) That the ordinary course of business has
(d) That evidence willfully suppressed been followed;
would be adverse if produced;
(e) That money paid by one to another was (r) That there was a sufficient consideration
for a contract;
due to the latter;
(f) That a thing delivered by one to another (s) That a negotiable instrument was given
belonged to the latter; or indorsed for a sufficient consideration;
(g) That an obligation delivered up to the
debtor has been paid; (t) That an endorsement of negotiable
(h) That prior rents or installment had been instrument was made before the instrument
paid when a receipt for the later ones is was overdue and at the place where the
produced; instrument is dated;
(i) That a person found in possession of a
(u) That a writing is truly dated;
thing taken in the doing of a recent
wrongful act is the taker and the doer of (v) That a letter duly directed and mailed
the whole act; otherwise, that things was received in the regular course of the mail;
which a person possesses, or exercises
acts of ownership over, are owned by (w) That after an absence of seven years, it
him; being unknown whether or not the absentee
(j) That a person in possession of an order still lives, he is considered dead for all
on himself for the payment of money, or purposes, except for those of succession.
the delivery of anything, has paid the
The absentee shall not be considered (y) That things have happened according to
dead for the purpose of opening his the ordinary course of nature and ordinary
succession till after an absence of ten nature habits of life;
years. If he disappeared after the age of
seventy-five years, an absence of five (z) That persons acting as copartners have
years shall be sufficient in order that his entered into a contract of copartneship;
succession may be opened.
(aa) That a man and woman deporting
The following shall be considered dead themselves as husband and wife have
for all purposes including the division of entered into a lawful contract of marriage;
the estate among the heirs:
(bb) That property acquired by a man and a
(1) A person on board a vessel lost woman who are capacitated to marry each
during a sea voyage, or an aircraft with other and who live exclusively with each
is missing, who has not been heard of other as husband and wife without the
for four years since the loss of the vessel benefit of marriage or under void marriage,
or aircraft; has been obtained by their joint efforts, work
or industry.
(2) A member of the armed forces who
has taken part in armed hostilities, and (cc) That in cases of cohabitation by a man
has been missing for four years; and a woman who are not capacitated to
marry each other and who have acquire
(3) A person who has been in danger of properly through their actual joint
death under other circumstances and contribution of money, property or industry,
whose existence has not been known for such contributions and their corresponding
four years; shares including joint deposits of money and
evidences of credit are equal.
(4) If a married person has been absent
for four consecutive years, the spouse (dd) That if the marriage is terminated and
present may contract a subsequent the mother contracted another marriage
marriage if he or she has well-founded within three hundred days after such
belief that the absent spouse is already termination of the former marriage, these
death. In case of disappearance, where rules shall govern in the absence of proof to
there is a danger of death the the contrary:
circumstances hereinabove provided, an
absence of only two years shall be (1) A child born before one hundred
sufficient for the purpose of contracting eighty days after the solemnization of
a subsequent marriage. However, in any the subsequent marriage is considered to
case, before marrying again, the spouse have been conceived during such
present must institute a summary marriage, even though it be born within
proceedings as provided in the Family the three hundred days after the
Code and in the rules for declaration of termination of the former marriage.
presumptive death of the absentee,
without prejudice to the effect of (2) A child born after one hundred
reappearance of the absent spouse. eighty days following the celebration of
the subsequent marriage is considered to
(x) That acquiescence resulted from a belief have been conceived during such
that the thing acquiesced in was marriage, even though it be born within
conformable to the law or fact; the three hundred days after the
termination of the former marriage.
(ee) That a thing once proved to exist 5. If one be under fifteen or over sixty,
continues as long as is usual with things of the and the other between those ages, the
nature; latter is deemed to have survived.

(ff) That the law has been obeyed; (kk) That if there is a doubt, as between two or
more persons who are called to succeed each
(gg) That a printed or published book, other, as to which of them died first, whoever
purporting to be printed or published by alleges the death of one prior to the other, shall
public authority, was so printed or prove the same; in the absence of proof, they
published; shall be considered to have died at the same
time.
(hh) That a printed or published book,
purporting contain reports of cases adjudged
in tribunals of the country where the book is
published, contains correct reports of such
cases;

(ii) That a trustee or other person whose


duty it was to convey real property to a
particular person has actually conveyed it to
him when such presumption is necessary to
perfect the title of such person or his
successor in interest;

(jj) That except for purposes of succession,


when two persons perish in the same
calamity, such as wreck, battle, or
conflagration, and it is not shown who died
first, and there are no particular
circumstances from which it can be inferred,
the survivorship is determined from the
probabilities resulting from the strength and
the age of the sexes, according to the
following rules:

1. If both were under the age of fifteen


years, the older is deemed to have
survived;

2. If both were above the age sixty, the


younger is deemed to have survived;

3. If one is under fifteen and the other


above sixty, the former is deemed to
have survived;

4. If both be over fifteen and under


sixty, and the sex be different, the male
is deemed to have survived, if the sex be
the same, the older;