CONFLICTSOFLAW

CONSTITUTIONALLAW
ARTICLEIV CITIZENSHIP
Section1.Thefollowingarecitizensofthe
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
citizensofthePhilippines
3 Those born before January 17, 1973, of
Filipino mothers, who elect
Philippine
Citizenship
upon
reachingtheageofmajorityand
4 Those who are naturalized in the
accordancewithlaw.
Section 2. Naturalborn 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
naturalborncitizens.
Section 3. Philippine citizenship may be
lostorreacquiredinthemannerprovidedby
law.
Section 4. Citizens of the Philippines who
marry aliens shall retain their citizenship,
unless by their act or omission they are
deemed,underthelawtohaverenouncedit.
Section 5. Dual allegiance of citizens is
inimicaltothenationalinterestandshallbe
dealtwithbylaw.
CIVILCODE
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 persons are binding upon
citizens of the Philippines, even though
livingabroad.(9a)
Article 16. Real property as well as
personalpropertyissubjecttothelawofthe
countrywhereitisstipulated.
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
propertymaybefound.(10a)
Article 17. The forms and solemnities of
contracts, wills, and other public
instrumentsshallbegovernedbythelawsof
thecountryinwhichtheyareexecuted.
When the acts referred to are executed
beforethediplomaticorconsularofficialsof
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)
Article815.WhenaFilipinoisinaforeign
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
maybeprobatedinthePhilippines.(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
thisCodeprescribes.(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
beenexecuted.(733a)
Article829.Arevocationdoneoutsidethe
Philippines, by a person who does not have
hisdomicileinthiscountry,isvalidwhenit
is done according to the law of the place
wherethewillwasmade,oraccordingtothe
lawoftheplaceinwhichthetestatorhadhis
domicile at the time and if the revocation

takes place in this country, when it is in

accordancewiththeprovisionsofthisCode.
(n)
Article 1039. Capacity to succeed is
governed by the law of the nation of the
decedent.(n)
Article1319.Consentismanifestedbythe
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
cametohisknowledge.Thecontract,insuch
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
fortheirloss,destructionordeterioration.
CORPORATIONCODE
Section 123. Definition and rights of
foreigncorporations.Forthepurposesof
this Code, a foreign corporation is one
formed, organized or existing under any
lawsotherthanthoseofthePhilippinesand
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
thisCodeandacertificateofauthorityfrom
theappropriategovernmentagency.(n)
Section 129. Law applicable. Any
foreign corporation lawfully doing business
inthePhilippinesshallbeboundbyalllaws,
rulesandregulationsapplicabletodomestic
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,orofficersofcorporationstoeach
otherortothecorporation.(73a)
Section 133. Doing business without a
license.Noforeigncorporationtransacting

businessinthePhilippineswithoutalicense,
or its successors or assigns, shall be
permitted to maintain or intervene in any
action, suit or proceeding in any court or
administrativeagencyofthePhilippinesbut
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)
FAMILYCODE
Art.10.MarriagesbetweenFilipinocitizens
abroad may be solemnized by a consul
general, consul or viceconsul of the
RepublicofthePhilippines.Theissuanceof
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
consularofficial.(75a)
Art. 21. When either or both of the
contracting parties are citizens of a foreign
country,itshallbenecessaryforthembefore
a marriage license can be obtained, to
submit a certificate of legal capacity to
contractmarriage,issuedbytheirrespective
diplomaticorconsularofficials.
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
suchcapacitytocontractmarriage.(66a)
Art. 26. All marriages solemnized outside
thePhilippines,inaccordancewiththelaws
in force in the country where they were
solemnized, and valid there as such, shall
also be valid in this country, except those
prohibitedunderArticles35(1),(4),(5)and
(6),3637and38.(17a)
WhereamarriagebetweenaFilipinocitizen
and a foreigner is validly celebrated and a
divorceisthereaftervalidlyobtainedabroad
by the alien spouse capacitating him or her
to remarry, the Filipino spouse shall have
capacity to remarry under Philippine law.
(AsamendedbyExecutiveOrder227)
Art. 35. The following marriages shall be
voidfromthebeginning:
(1) Those contracted by any party below
eighteen years of age even with the consent
ofparentsorguardians

(2) Those solemnized by any person not

legally authorized to perform marriages
unless such marriages were contracted with
eitherorbothpartiesbelievingingoodfaith
that the solemnizing officer had the legal
authoritytodoso
(3)Thosesolemnizedwithoutlicense,except
thosecoveredtheprecedingChapter
(4) Those bigamous or polygamous
marriagesnotfailingunderArticle41
(5)Thosecontractedthroughmistakeofone
contracting party as to the identity of the
otherand
(6) Those subsequent marriages that are
voidunderArticle53.
Art.36.Amarriagecontractedbyanyparty
who, at the time of the celebration, was
psychologicallyincapacitatedtocomplywith
theessentialmaritalobligationsofmarriage,
shalllikewisebevoidevenifsuchincapacity
becomes
manifest
only
after
its
solemnization. (As amended by Executive
Order227)
Art. 37. Marriages between the following
areincestuousandvoidfromthebeginning,
whetherrelationshipbetweenthepartiesbe
legitimateorillegitimate:
(1) Between ascendants and descendants of
anydegreeand
(2)Betweenbrothersandsisters,whetherof
thefullorhalfblood.(81a)
Art. 38. The following marriages shall be
void from the beginning for reasons of
publicpolicy:
(1) Between collateral blood relatives
whether legitimate or illegitimate, up to the
fourthcivildegree
(2)Betweenstepparentsandstepchildren
(3)Betweenparentsinlawandchildrenin
law
(4) Between the adopting parent and the
adoptedchild
(5) Between the surviving spouse of the
adoptingparentandtheadoptedchild
(6) Between the surviving spouse of the
adoptedchildandtheadopter
(7) Between an adopted child and a
legitimatechildoftheadopter
(8) Between adopted children of the same
adopterand
(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
andtheirresidence.
Thisruleshallnotapply:
(1)Wherebothspousesarealiens
(2) With respect to the extrinsic validity of
contracts affecting property not situated in
the Philippines and executed in the country
wherethepropertyislocatedand
(3) With respect to the extrinsic validity of
contractsenteredintointhePhilippinesbut
affecting property situated in a foreign
country whose laws require different
formalitiesforitsextrinsicvalidity.(124a)
RPC
Article 2. Application of its provisions.
Except as provided in the treaties and laws
ofpreferentialapplication,theprovisionsof
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,againstthosewho:
1. Should commit an offense while on a
Philippineshiporairship
2. Should forge or counterfeit any coin or
currency note of the Philippine Islands or
obligations and securities issued by the
GovernmentofthePhilippineIslands
3. Should be liable for acts connected with
the introduction into these islands of the
obligations and securities mentioned in the
presidingnumber
4.Whilebeingpublicofficersoremployees,
should commit an offense in the exercise of
theirfunctionsor
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.
RULESOFCOURT
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,
attheelectionoftheplaintiff.(2[b]a)

RULE 8 Section 6. Judgment. In

pleading a judgment or decision of a
domestic or foreign court, judicial or quasi
judicialtribunal,orofaboardorofficer,itis
sufficient to aver the judgment or decision
without setting forth matter showing
jurisdictiontorenderit.(6)
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
madeonthegovernmentofficialdesignated
bylawtoreceivethesame,theanswershall
be filed within thirty (30) days after receipt
ofsummonsbysuchentity.(2a)
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
designatedbylawtothateffect,oronanyof
its officers or agents within the Philippines.
(14a)
Section14.Serviceupondefendantwhose
identityorwhereaboutsareunknown.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,beeffecteduponhimbypublicationin
a newspaper of general circulation and in
such places and for such time as the court
mayorder.(16a)
Section 15. Extraterritorial service.
When the defendant does not reside and is
notfoundinthePhilippines,andtheaction
affectsthepersonalstatusoftheplaintiffor
relates to, or the subject of which is,
propertywithinthePhilippines,inwhichthe
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,orthepropertyofthedefendanthas
beenattachedwithinthePhilippines,service
may,byleaveofcourt,beeffectedoutofthe
Philippines by personal service as under
section 6 or by publication in a newspaper
ofgeneralcirculationinsuchplacesandfor

such time as the court may order, in which

caseacopyofthesummonsandorderofthe
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
notbelessthansixty(60)daysafternotice,
within which the defendant must answer.
(17a)
Section 16. Residents temporarily out of
the Philippines. When any action is
commenced against a defendant who
ordinarilyresideswithinthePhilippines,but
whoistemporarilyoutofit,servicemay,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, viceconsul, or
consular agent of the Republic of the
Philippines,(b)beforesuchpersonorofficer
as may be appointed by commission or
under letters rogatory or (c) the person
referredtoinsection14hereof.(11a,R24)
RULE 23 Section 12. Commission or
letters rogatory. A commission or letters
rogatoryshallbeissuedonlywhennecessary
or convenient, on application and notice,
and on such terms, and with such direction
asarejustandappropriate.Officersmaybe
designatedinnoticesorcommissionseither
by name or descriptive title and letters
rogatory may be addressed to the
appropriate judicial authority in the foreign
country.(12a,R24)
RULE 39 Section 48. Effect of foreign
judgmentsorfinalorders.Theeffectofa
judgment or final order of a tribunal of a
foreign country, having jurisdiction to
render the judgment or final order is as
follows:
(a)Incaseofajudgmentorfinalorderupon
aspecificthing,thejudgmentorfinalorder,
isconclusiveuponthetitletothething,and
(b) In case of a judgment or final order
againstaperson,thejudgmentorfinalorder
is presumptive evidence of a right as
between the parties and their successors in

interestbyasubsequenttitle.
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)
RULE 73 Section 1. Where estate of
deceasedpersonssettled.Ifthedecedents
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
ofanyprovinceinwhichhehadestate.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
residenceofthedecedent,orofthelocation
ofhisestate,shallnotbecontestedinasuit
orproceeding,exceptinanappealfromthat
court,intheoriginalcase,orwhenthewant
ofjurisdictionappearsontherecord.
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
beallowed,filed,andrecordedbytheproper
CourtofFirstInstanceinthePhilippines.

RULE 92 Section 1. Where to institute

proceedings.Guardianshipofapersonor
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
situatedprovided,however,thatwherethe
value of the property of such minor or
incompetentexceedsthatjurisdictionofthe
justice of the peace or municipal court, the
proceedings shall be instituted in the Court
ofFirstInstance.

In the City of Manila the proceedings shall

be instituted in the Juvenile and Domestic
RelationsCourt.
RULE 131 Section 3. Disputable
presumptions.

The
following
presumptions
are
satisfactory
if
uncontradicted, but may be contradicted
andovercomebyotherevidence:
(n) That a court, or judge acting as such,
whetherinthePhilippinesorelsewhere,was
actinginthelawfulexerciseofjurisdiction
RULE 132 Section 19. Classes of
Documents. For the purpose of their
presentationevidence,documentsareeither
publicorprivate.
Publicdocumentsare:
(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
foreigncountry
RULE 132 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
notkeptinthePhilippines,withacertificate
thatsuchofficerhasthecustody.Iftheoffice
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
agentorbyanyofficerintheforeignservice
of the Philippines stationed in the foreign
country in which the record is kept, and
authenticatedbythesealofhisoffice.(25a)