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1. FAMILY CODE
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. (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.
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. 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)
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;
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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.
4. CORPORATION CODE
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)
5. 1987 PHILIPPINE CONSTITUTION
ARTICLE IV
CITIZENSHIP
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.
Section 5. Dual allegiance of citizens is inimical to the national interest and shall
be dealt with by law.
ARTICLE V
SUFFRAGE
Section 1. Suffrage may be exercised by all citizens of the Philippines, not
otherwise disqualified by law, who are at least eighteen years of age, and who shall
have resided in the Philippines for at least one year and in the place wherein they
propose to vote, for at least six months immediately preceding the election. No
literacy, property, or other substantive requirement shall be imposed on the
exercise of suffrage.
6. RULES OF COURT
RULE 14
SUMMONS
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such name. But such service shall not bind individually any person whose
connection with the entity has, upon due notice, been severed before the
action was brought.
Sec. 9. Service upon prisoners.
When the defendant is a prisoner confined in a jail or institution, service shall
be effected upon him by the officer having the management of such jail or
institution who is deemed deputized as a special sheriff for said purpose.
Sec. 10. Service upon minors and incompetents.
When the defendant is a minor, insane or otherwise an incompetent, service
shall be made upon him personally and on his legal guardian if he has one, or
if none, upon his guardian ad litem whose appointment shall be applied for by
the plaintiff. In the case of a minor, service may also be made on his father or
mother.
Sec. 11. Service upon domestic private juridical entity.
When the defendant is a corporation, partnership or association organized
under the laws of the Philippines with a juridical personality, service may be
made on the president, managing partner, general manager, corporate
secretary, treasurer, or in-house counsel.
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. 13. Service upon public corporations.
When the defendant is the Republic of the Philippines, service may be
effected on the Solicitor General; in case of a province, city or municipality, or
like public corporations, service may be effected on its executive head, or on
such other officer or officers as the law or the court may direct.
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,
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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.
Sec. 17. Leave of court.
Any application to the court under this Rule for leave to effect service in any
manner for which leave of court is necessary shall be made by motion in
writing, supported by affidavit of the plaintiff or some person on his behalf,
setting forth the grounds for the application.
Sec. 18. Proof of service.
The proof of service of a summons shall be made in writing by the server and
shall set forth the manner, place, and date of service; shall specify any
papers which have been served with the process and the name of the person
who received the same; and shall be sworn to when made by a person other
than a sheriff or his deputy.
Sec. 19. Proof of service by publication.
If the service has been made by publication, service may be proved by the
affidavit of the printer, his foreman or principal clerk, or of the editor,
business or advertising manager, to which affidavit a copy of the publication
shall be attached, and by an affidavit showing the deposit of a copy of the
summons and order for publication in the post office, postage prepaid,
directed to the defendant by registered mail to his last known address.
Sec. 20. Voluntary appearance.
The defendant's voluntary appearance in the action shall be equivalent to
service of summons. The inclusion in a motion to dismiss of other grounds
aside from lack of jurisdiction over the person of the defendant shall not be
deemed a voluntary appearance.
RULE 39
EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS
RULE 131
Burden of Proof and Presumptions
Sec. 2 . Conclusive presumptions. The following are instances of conclusive
presumptions:
(a)Whenever a party has, by his own declaration, act, or omission, intentionally and
deliberately led to another to believe a particular thing true, and to act upon such
belief, he cannot, in any litigation arising out of such declaration, act or omission, be
permitted to falsify it:
(b)The tenant is not permitted to deny the title of his landlord at the time of
commencement of the relation of landlord and tenant between them. (3a)
RULE 132
PRESENTATION OF EVIDENCE
Sec. 25 . What attestation of copy must state. Whenever a copy of a document or
record is attested for the purpose of evidence, the attestation must state, in
substance, that the copy is a correct copy of the original, or a specific part thereof,
as the case may be. The attestation must be under the official seal of the attesting
officer, if there be any, or if he be the clerk of a court having a seal, under the seal
of such court. (26a)
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