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PRIL Rules Compilation

I. Political Law
Art. IX B, Sec. 8, 1987 No elective or appointive public officer or employee shall receive additional, double, or indirect
Constitution compensation, unless specifically authorized by law, nor accept without the consent of the
Congress, any present, emolument, office, or title of any kind from any foreign government.

Art. XI, Sec. 18, 1987 Public officers and employees owe the State and this Constitution allegiance at all times, and any
Constitution public officer or employee who seeks to change his citizenship or acquire the status of an
immigrant of another country during his tenure shall be dealt with by law.

Art. XII, Sec. 8, 1987 Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen of the
Constitution Philippines who has lost his Philippine citizenship may be a transferee of private lands, subject to
limitations provided by law.

Art. XVIII, Sec. 25, 1987 After the expiration in 1991 of the Agreement between the Republic of the Philippines and the
Constitution United States of America concerning Military Bases, foreign military bases, troops, or facilities
shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate and,
when the Congress so requires, ratified by a majority of the votes cast by the people in a national
referendum held for that purpose, and recognized as a treaty by the other contracting State.

Sec 1 (3) and (4), How citizenship may be lost. – A Filipino citizen may lose his citizenship in any of the following
Commonwealth Act No. ways and/or events:
63 xxx

(3) By subscribing to an oath of allegiance to support the constitution or laws of a foreign


country upon attaining twenty-one years of age or more: Provided, however, That a Filipino may
not divest himself of Philippine citizenship in any manner while the Republic of the Philippines
is at war with any country;
(4) By rendering services to, or accepting commission in, the armed forces of a foreign country:
Provided, That the rendering of service to, or the acceptance of such commission in, the armed
forces of a foreign country, and the taking of an oath of allegiance incident thereto, with the
consent of the Republic of the Philippines, shall not divest a Filipino of his Philippine citizenship
if either of the following circumstances is present:

(a) The Republic of the Philippines has a defensive and/or offensive pact of alliance with the said
foreign country; or
(b) The said foreign country maintains armed forces on Philippine territory with the consent of
the Republic of the Philippines: Provided, That the Filipino citizen concerned, at the time of
rendering said service, or acceptance of said commission, and taking the oath of allegiance
incident thereto, states that he does so only in connection with his service to said foreign country:
And provided, finally, That any Filipino citizen who is rendering service to, or is commissioned
in, the armed forces of a foreign country under any of the circumstances mentioned in paragraph
(a) or (b), shall not be permitted to participate nor vote in any election of the Republic of the
Philippines during the period of his service to, or commission in, the armed forces of said foreign
country. Upon his discharge from the service of the said foreign country, he shall be
automatically entitled to the full enjoyment of his civil and political rights as a Filipino citizen;
xxx

Sec. 5, RA 8239 Requirements for the Issuance of Passport. — No passport shall be issued to an applicant unless
(Philippine Passport the Secretary or his duly authorized representative is satisfied that the applicant is a Filipino
Act) citizen who has complied with the following requirements:
xxx

(d) In case of a woman who is married, separated, divorced or widowed or whose marriage has
been annulled or declared by court as void, a copy of the certificate of marriage, court decree of
separation, divorce or annulment or certificate of death of the deceased spouse duly issued and
authenticated by the Office of the Civil Registrar General: Provided, That in case of a divorce
decree, annulment or declaration of marriage as void, the woman applicant may revert to the use
of her maiden name: Provided, further, That such divorce is recognized under existing laws of
the Philippines;
xxx

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(g) If the applicant is an adopted person, the duly certified copy of court order of adoption,
together with the original and amended birth certificates duly issued and authenticated by the
Office of the Civil Registrar General shall be presented: Provided, That in case the adopted
person is an infant or a minor or the applicant is for adoption by foreign parents, an authority
from the Department of Social Welfare and Development shall be required: Provided, further,
That the adopting foreign parents shall also submit a certificate from their embassy or consulate
that they are qualified to adopt such infant or minor child;

Sec. 8, RA 8239 Grounds for Denial, Cancellation or Restrictions. — The application for passport may be denied,
(Philippine Passport cancelled or restricted only on the following grounds:
Act) xxx

(c) Restricted
1. When the country of destination is in a state of political instability which could pose a danger
to the Filipino traveler.
2. When diplomatic ties have been fractured or severed with the Philippines;
3. When the country of destination is subject to travel restriction by government policy,
enforcement of action by the United Nations or in a state of war.

Sec. 13, RA 8239 Travel Documents. — A travel document, in lieu of a passport, may be issued to:
(Philippine Passport
Act) (a) A Filipino citizen returning to the Philippines who for one reason or another has lost his/her
passport or cannot be issued a regular passport;
(b) A Filipino citizen being sent back to the Philippines;
(c) An alien spouse of a Filipino and their dependents who have not yet been naturalized as a
Filipino and who are traveling to the Philippines or is a permanent resident of the Philippines;
(d) Aliens permanently residing in the Philippines who are not able to obtain foreign passport
and other travel documents;
(e) A stateless person who is likewise a permanent resident, or a refugee granted such status or
asylum in the Philippines.

Art. 6, Sec. 2 (c), IRR of The issuance of passports to married, divorced or widowed women shall be made in accordance
R.A. 8239 (Philippine with the following provisions:
Passport Act) xxx

c) In case of a woman who was divorced by her alien husband, she must present a certified true
copy of the Divorce Decree duly authenticated by the Philippine Embassy or consular post which
has jurisdiction over the place where the divorce is obtained or by the concerned foreign
diplomatic or consular mission in the Philippines.

Sec. 40 (d), LGC Disqualifications. - The following persons are disqualified from running for any elective local
position:
xxx

(d) Those with dual citizenship;

Sec. 40 (d), LGC (f) Permanent residents in a foreign country or those who have acquired the right to reside abroad
and continue to avail of the same right after the effectivity of this Code;

Sec. 5(2), RA 9225 Civil and Political Rights and Liabilities - Those who retain or re-acquire Philippine citizenship
(Citizenship Retention under this Act shall enjoy full civil and political rights and be subject to all attendant liabilities
and Re-acquisition Act and responsibilities under existing laws of the Philippines and the following conditions:
of 2003) xxx

(2) Those seeking elective public in the Philippines shall meet the qualification for holding such
public office as required by the Constitution and existing laws and, at the time of the filing of the
certificate of candidacy, make a personal and sworn renunciation of any and all foreign
citizenship before any public officer authorized to administer an oath;

Sec. 68, Omnibus x x x Any person who is a permanent resident of or an immigrant to a


Election Code foreign country shall not be qualified to run for any elective office
under this Code, unless said person has waived his status as permanent
resident or immigrant of a foreign country in accordance with the
residence requirement provided for in the election laws.”
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Section 5(d) of RA 9189 Disqualifications. The following shall be disqualified from
(Overseas Absentee voting under this Act:
Voting Act) xxx

(d) An immigrant or a permanent resident who is recognized as


such in the host country, unless he/she executes, upon
registration, an affidavit prepared for the purpose by the
Commission declaring that he/she shall resume actual physical
permanent residence in the Philippines not later than three (3) years
from approval of his/her registration under this Act. Such affidavit shall
also state that he/she has not applied for citizenship in another
country. Failure to return shall be cause for the removal of the name of
the immigrant or permanent resident from the National Registry of
Absentee Voters and his/her permanent disqualification to vote in
absentia.

Sec. 10, CA 613 Presentation of unexpired passport. - Nonimmigrants must present for admission into the
(Philippine Immigration Philippines unexpired passports or official documents in the nature of passports issued by the
Law of 1940) governments of the countries to which they owe allegiance or other travel documents showing
their origin and identity as prescribed by regulations, and valid passport visas granted by
diplomatic or consular officers, x x x

Sec. 15, CA 613 Immigrants must present for admission into the
(Philippine Immigration Philippines unexpired passports or official documents in the nature
Law of 1940) of passports issued by the governments of the countries to which
they owe allegiance or other travel documents showing their origin
and identity as prescribed by regulations, and valid immigration
visas issued by consular officers, x x x

Sec. 4, RA 9139 Disqualifications - The following are not qualified to be naturalized as Filipino citizens under
(Administrative this Act:
Naturalization Law) xxx

(h) Citizens or subjects of a foreign country whose laws do not grant Filipinos the right to be
naturalized citizens or subjects thereof.

Sec. 13, RA 9139 Cancellation of the Certificate of Naturalization. - The Special Committee may cancel
(Administrative certificates of naturalization issued under this Act in the following cases:
Naturalization Law) xxx

(b) If the naturalized person or his wife, or any or his minor children who acquire Filipino
citizenship by virtue of his naturalization shall, within five (5) years next following the grant of
Philippine citizenship, establish permanent residence in a foreign country, that individual's
certificate of naturalization or acquired citizenship shall be cancelled or revoked: Provided, That
the fact of such person's remaining for more than one (1) year in his country of origin, or two (2)
years in any foreign country, shall be considered prima facie evidence of intent to permanently
reside therein; x x x

Sec. 1, RA 562 (Alien x x x No accredited official of a foreign government recognized by the Republic of the
Registration Act) Philippines, or member of his official staff and family, shall be required to be registered.

Sec. 6, RA 7941 (Party- Refusal and/or Cancellation of Registration. The COMELEC may, motu propio or upon verified
list System Act) complaint of any interested party, refuse or cancel, after due notice and hearing, the registration
of any national, regional or sectoral party, organization or coalition on any of the following
grounds:
xxx

(3) It is a foreign party or organization;


(4) It is receiving support from any foreign government,
foreign political party, foundation, organization, whether
directly or through any of its officers or members or
indirectly through third parties for partisan election
purposes; x x x

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II. Labor Law
Art. 1159, NCC Obligations arising from contracts have the force of law between the contracting parties and
should be complied with in good faith.

Art. 1306, NCC The contracting parties may establish such stipulations, clauses, terms and conditions as they
may deem convenient, provided they are not contrary to law, morals, good customs, public
order, or public policy.

Art 1700, NCC The relations between capital and labor are not merely contractual. They are so impressed with
public interest that labor contracts must yield to the common good.
xxx

III. Civil Law


Art. 15, NCC (Lex Laws relating to family rights and duties, or to the status, condition and legal capacity of
Patriae) persons are binding upon citizens of the Philippines, even though living abroad.

Art. 16, NCC (Lex Situs) Real property as well as personal property is subject to the law of the country where it is
(Lex Patriae) 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.

Art. 17, NCC (Lex Loci The forms and solemnities of contracts, wills, and other public instruments shall be governed by
Contractus) the laws of the country in which they are executed.

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.

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.

Art. 815, NCC (Lex Loci When a Filipino is in a foreign country, he is authorized to make a will in any of the forms
Contractus established by the law of the country in which he may be. Such will may be probated in the
Philippines.

Art. 816, NCC (Lex The will of an alien who is abroad produces effect in the Philippines if made with the
Domicilii) (Lex Nationalii) 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.

Art. 817, NCC (Lex A will made in the Philippines by a citizen or subject of another country, which is executed in
Nationalii) 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.

Art. 829, NCC (Lex Loci A revocation done outside the Philippines, by a person who does not have his domicile in this
Contractus) (Lex country, is valid when it is done according to the law of the place where the will was made, or
Domicilii) 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.

Art. 1039, NCC (Lex Capacity to succeed is governed by the law of the nation of the decedent.
Patriae)

Art. 1159, NCC Obligations arising from contracts have the force of law between the contracting parties and
should be complied with in good faith.

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Art. 1306, NCC (Lex Loci The contracting parties may establish such stipulations, clauses, terms and conditions as they
Intentionis) may deem convenient, provided they are not contrary to law, morals, good customs, public
order, or public policy.

Art. 21, FC (Lex Patriae) 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.

Art. 26, FC (Lex Loci All marriages solemnized outside the Philippines, in accordance with the laws in force in the
Celebrationis) 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.

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.

Art. 80, FC (Lex Situs) 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.

Art. III, Sec. 7 (b), RA Who May Adopt. – The following may adopt:
8552 (Domestic Adoption xxx
Act of 1998)
(b) Any alien possessing the same qualifications as above stated for Filipino nationals:
Provided, That his/her country has diplomatic relations with the Republic of the Philippines,
that he/she has been living in the Philippines for at least three (3) continuous years prior to the
filing of the application for adoption and maintains such residence until the adoption decree is
entered, that he/she has been certified by his/her diplomatic or consular office or any
appropriate government agency that he/she has the legal capacity to adopt in his/her country,
and that his/her government allows the adoptee to enter his/her country as his/her adopted
son/daughter: Provided, Further, That the requirements on residency and certification of the
alien's qualification to adopt in his/her country may be waived for the following:

(i) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of
consanguinity or affinity; or
(ii) one who seeks to adopt the legitimate son/daughter of his/her Filipino spouse; or
(iii) one who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a
relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse;
xxx

Sec. 9, RA 8043 (Inter- Who May Adopt. — An alien or a Filipino citizen permanently residing abroad may file an
Country Adoption Act of application for inter-country adoption of a Filipino child if he/she:
1995)
(a) is at least twenty-seven (27) years of age and at least sixteen (16) years older than the
child to be adopted, at the time of application unless the adopter is the parent by nature of the
child to be adopted or the spouse of such parent:
(b) if married, his/her spouse must jointly file for the adoption;
(c) has the capacity to act and assume all rights and responsibilities of parental authority
under his national laws, and has undergone the appropriate counseling from an accredited

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counselor in his/her country;
(d) has not been convicted of a crime involving moral turpitude;
(e) is eligible to adopt under his/her national law;
(f) is in a position to provide the proper care and support and to give the necessary moral
values and example to all his children, including the child to be adopted;
(g) agrees to uphold the basic rights of the child as embodied under Philippine laws, the U.N.
Convention on the Rights of the Child, and to abide by the rules and regulations issued to
implement the provisions of this Act;
(h) comes from a country with whom the Philippines has diplomatic relations and whose
government maintains a similarly authorized and accredited agency and that adoption is allowed
under his/her national laws; and
(i) possesses all the qualifications and none of the disqualifications provided herein and in
other applicable Philippine laws.

IV. Remedial Law


Sec. 42, R.A. 9285 xxx
Alternative Dispute The recognition and enforcement of such arbitral awards shall be filed with regional trial court
Resolution Act of 2004 in accordance with the rules of procedure to be promulgated by the Supreme Court.

Sec. 44, R.A. 9285 Foreign Arbitral Award Not Foreign Judgment. - A foreign arbitral award when confirmed by a
Alternative Dispute court of a foreign country, shall be recognized and enforced as a foreign arbitral award and not
Resolution Act of 2004 a judgment of a foreign court.

A foreign arbitral award, when confirmed by the regional trial court, shall be enforced as a
foreign arbitral award and not as a judgment of a foreign court.

A foreign arbitral award, when confirmed by the regional trial court, shall be enforced in the
same manner as final and executory decisions of courts of law of the Philippines.

Rule 23, Sec. 11, ROC 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.

Rule 23, Sec. 12, ROC 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.

Rule 23, Sec. 14, ROC Stipulations regarding taking of depositions. — If the parties so stipulate in writing, depositions
may be taken before any person authorized to administer oaths, at any time or place, in
accordance with these Rules and when so taken may be used like other depositions.

Rule 39, Sec. 48, ROC 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.

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.

Rule 77, Sec. 1, ROC 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.

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Rule 77, Sec. 4, ROC Estate, how administered. — When a will is thus allowed, the court shall grant letters
testamentary, or letters of administration with the will annexed, and such letters testamentary or
of administration, shall extend to all the estate of the testator in the Philippines. Such estate,
after the payment of just debts and expenses of administration, shall be disposed of according to
such will, so far as such will may operate upon it; and the residue, if any shall be disposed of as
is provided by law in cases of estates in the Philippines belonging to persons who are
inhabitants of another state or country.

Rule 129, Sec. 1, ROC Judicial notice, when mandatory. — A court shall take judicial notice, without the introduction
of evidence, of the existence and territorial extent of states, their political history, forms of
government and symbols of nationality, the law of nations, the admiralty and maritime courts of
the world and their seals, the political constitution and history of the Philippines, the official
acts of legislative, executive and judicial departments of the Philippines, the laws of nature, the
measure of time, and the geographical divisions.

Rule 129, Sec. 2, ROC Judicial notice, when discretionary. —A court may take judicial notice of matters which are of
public knowledge, or are capable to unquestionable demonstration, or ought to be known to
judges because of their judicial functions.

Rule 132, Sec. 19, ROC Classes of Documents. — For the purpose of their presentation evidence, documents are either
public or private.

Public documents are:

(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 132, Sec. 24, ROC 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.

Rule 132, Sec. 25, ROC 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.

Rule 132, Sec. 27, ROC Public record of a private document. — An authorized public record of a private document may
be proved by the original record, or by a copy thereof, attested by the legal custodian of the
record, with an appropriate certificate that such officer has the custody.

V. Commercial Law
Sec. 123, Corpo Code 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. 125, Corpo Code Application for a license. - A foreign corporation applying for a license to transact business in
the Philippines shall submit to the Securities and Exchange Commission a copy of its articles

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of incorporation and by-laws, certified in accordance with law, and their translation to an
official language of the Philippines, if necessary. The application shall be under oath and,
unless already stated in its articles of incorporation, shall specifically set forth the following: x
xx
Attached to the application for license shall be a duly executed certificate under oath by the
authorized official or officials of the jurisdiction of its incorporation, attesting to the fact that
the laws of the country or state of the applicant allow Filipino citizens and corporations to do
business therein, and that the applicant is an existing corporation in good standing. If such
certificate is in a foreign language, a translation thereof in English under oath of the translator
shall be attached thereto.
The application for a license to transact business in the Philippines shall likewise be
accompanied by a statement under oath of the president or any other person authorized by the
corporation, showing to the satisfaction of the Securities and Exchange Commission and other
governmental agency in the proper cases that the applicant is solvent and in sound financial
condition, and setting forth the assets and liabilities of the corporation as of the date not
exceeding one (1) year immediately prior to the filing of the application. x x x

Sec. 126, Corpo Code Issuance of a license. - If the Securities and Exchange Commission is satisfied that the
applicant has complied with all the requirements of this Code and other special laws, rules and
regulations, the Commission shall issue a license to the applicant to transact business in the
Philippines for the purpose or purposes specified in such license. Upon issuance of the license,
such foreign corporation may commence to transact business in the Philippines and continue to
do so for as long as it retains its authority to act as a corporation under the laws of the country
or state of its incorporation, unless such license is sooner surrendered, revoked, suspended or
annulled in accordance with this Code or other special laws. x x x

Sec. 128, Corpo Code Resident agent; service of process. - The Securities and Exchange Commission shall require as
a condition precedent to the issuance of the license to transact business in the Philippines by
any foreign corporation that such corporation file with the Securities and Exchange
Commission a written power of attorney designating some person who must be a resident of
the Philippines, on whom any summons and other legal processes may be served in all actions
or other legal proceedings against such corporation, and consenting that service upon such
resident agent shall be admitted and held as valid as if served upon the duly authorized officers
of the foreign corporation at its home office. Any such foreign corporation shall likewise
execute and file with the Securities and Exchange Commission an agreement or stipulation,
executed by the proper authorities of said corporation, in form and substance as follows: x x x

Sec. 129, Corpo Code 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, Corpo Code 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.

Sec. 3, RA 10667 Scope and Application. — This Act shall be enforceable against any person or entity engaged
(Philippine Competition in any trade, industry and commerce in the Republic of the Philippines. It shall likewise be
Act) applicable to international trade having direct, substantial, and reasonably foreseeable effects
in trade, industry, or commerce in the Republic of the Philippines, including those that result
from acts done outside the Republic of the Philippines.

This Act shall not apply to the combinations or activities of workers or employees nor to
agreements or arrangements with their employers when such combinations, activities,
agreements, or arrangements are designed solely to facilitate collective bargaining in respect of
conditions of employment.

Paragraph (2) of Article 1 For the purposes of this convention, the expression "international transportation" shall mean
of the Warsaw Convention any transportation in which, according to the contract made by the parties, the place of
departure and the place of destination, whether or not there be a break in the transportation or a

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transshipment, are situated either within the territories of two High Contracting Parties, or
within the territory of a single High Contracting Party, if there is an agreed stopping place
within a territory subject to the sovereignty, mandate or authority of another power, even
though that power is not a party to this convention.

Paragraph (1) of Article 28 An action for damages must be brought, at the option of the plaintiff, in the territory of one of
of the Warsaw Convention the High Contracting Parties, either before the Court having jurisdiction where the carrier is
ordinarily resident, or has his principal place of business, or has an establishment by which the
contract has been made or before the Court having jurisdiction at the place of destination.

Sec. 160, RA 8293 Right of Foreign Corporation to Sue in Trademark or Service Mark Enforcement Action. -
(Intellectual Property Any foreign national or juridical person who meets the requirements of Section 3 of this Act
Code) and does not engage in business in the Philippines may bring a civil or administrative action
hereunder for opposition, cancellation, infringement, unfair competition, or false designation
of origin and false description, whether or not it is licensed to do business in the Philippines
under existing laws.

Art. 1753, NCC 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.

Sec. 2 Art. XII, 1987 xxx


Constitution The President may enter into agreements with foreign-owned corporations involving either
technical or financial assistance for large-scale exploration, development, and utilization of
minerals, petroleum, and other mineral oils according to the general terms and conditions
provided by law, based on real contributions to the economic growth and general welfare of
the country. In such agreements, the State shall promote the development and use of local
scientific and technical resources.
xxx

VI. Criminal Law/ Tort


Art. 2, RPC 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.

Sec. 58, RA 9372 (Human Extra-Territorial Application of this Act. - Subject to the provision of an existing treaty of
Security Act) which the Philippines is a signatory and to any contrary provision of any law of preferential
application, the provisions of this Act shall apply: (1) to individual persons who commit any of
the crimes defined and punished in this Act within the terrestrial domain, interior waters,
maritime zone, and airspace of the Philippines; (2) to individual persons who, although
physically outside the territorial limits of the Philippines, commit, conspire or plot to commit
any of the crimes defined and punished in this Act inside the territorial limits of the
Philippines; (3) to individual persons who, although physically outside the territorial limits of
the Philippines, commit any of the said crimes on board Philippine ship or Philippine airship;
(4) to individual persons who commit any of said crimes within any embassy, consulate, or
diplomatic premises belonging to or occupied by the Philippine government in an official
capacity; (5) to individual persons who, although physically outside the territorial limits of the
Philippines, commit said crimes against Philippine citizens or persons of Philippines descent,
where their citizenship or ethnicity was a factor in the commission of the crime; and (6) to
individual persons who, although physically outside the territorial limits of the Philippines,
commit said crimes directly against the Philippine government.

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Sec. 7, RA 9262 (Anti- Venue.- The Regional Trial Court designated as a Family Court shall have original and
Violence Against Women exclusive jurisdiction over cases of violence against women and their children under this law.
and Their Children Act) In the absence of such court in the place where the offense was committed, the case shall be
filed in the Regional Trial Court where the crime or any of its elements was committed at the
option of the compliant.

Art. 2176, NCC Whoever by act or omission causes damage to another, there being fault or negligence, is
obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing
contractual relation between the parties, is called a quasi-delict and is governed by the
provisions of this Chapter.

VII. Tax Law


Sec. 28, NIRC xxx
(B) Tax on Nonresident Foreign Corporation. -

(1) In General. - Except as otherwise provided in this Code, a foreign corporation not engaged
in trade or business in the Philippines shall pay a tax equal to thirty-five percent (35%) of the
gross income received during each taxable year from all sources within the Philippines, such
as interests, dividends, rents, royalties, salaries, premiums (except reinsurance premiums),
annuities, emoluments or other fixed or determinable annual, periodic or casual gains, profits
and income, and capital gains, except capital gains subject to tax under subparagraph 5 ( c ):
Provided, That effective January 1, 2009, the rate of income tax shall be thirty percent (30%).
xxx

Sec. 25, NIRC Tax on Nonresident Alien Individual. -

(A) Nonresident Alien Engaged in trade or Business Within the Philippines. -

(1) In General. - A nonresident alien individual engaged in trade or business in the Philippines
shall be subject to an income tax in the same manner as an individual citizen and a resident
alien individual, on taxable income received from all sources within the Philippines. A
nonresident alien individual who shall come to the Philippines and stay therein for an
aggregate period of more than one hundred eighty (180) days during any calendar year shall be
deemed a 'nonresident alien doing business in the Philippines'. Section 22 (G) of this Code
notwithstanding.
xxx

(B) Nonresident Alien Individual Not Engaged in Trade or Business Within the Philippines. -
There shall be levied, collected and paid for each taxable year upon the entire income received
from all sources within the Philippines by every nonresident alien individual not engaged in
trade or business within the Philippines as interest, cash and/or property dividends, rents,
salaries, wages, premiums, annuities, compensation, remuneration, emoluments, or other fixed
or determinable annual or periodic or casual gains, profits, and income, and capital gains, a tax
equal to twenty-five percent (25%) of such income. Capital gains realized by a nonresident
alien individual not engaged in trade or business in the Philippines from the sale of shares of
stock in any domestic corporation and real property shall be subject to the income tax
prescribed under Subsections (C) and (D) of Section 24.

(C) Alien Individual Employed by Regional or Area Headquarters and Regional Operating
Headquarters of Multinational Companies. - There shall be levied, collected and paid for each
taxable year upon the gross income received by every alien individual employed by regional or
area headquarters and regional operating headquarters established in the Philippines by
multinational companies as salaries, wages, annuities, compensation, remuneration and other
emoluments, such as honoraria and allowances, from such regional or area headquarters and
regional operating headquarters, a tax equal to fifteen percent (15%) of such gross income:
Provided, however, That the same tax treatment shall apply to Filipinos employed and
occupying the same position as those of aliens employed by these multinational companies.
For purposes of this Chapter, the term 'multinational company' means a foreign firm or entity
engaged in international trade with affiliates or subsidiaries or branch offices in the Asia-
Pacific Region and other foreign markets.

(D) Alien Individual Employed by Offshore Banking Units. - There shall be levied, collected

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and paid for each taxable year upon the gross income received by every alien individual
employed by offshore banking units established in the Philippines as salaries, wages,
annuities, compensation, remuneration and other emoluments, such as honoraria and
allowances, from such off-shore banking units, a tax equal to fifteen percent (15%) of such
gross income: Provided, however, That the same tax treatment shall apply to Filipinos
employed and occupying the same positions as those of aliens employed by these offshore
banking units.

(E) Alien Individual Employed by Petroleum Service Contractor and Subcontractor. [14] - An
Alien individual who is a permanent resident of a foreign country but who is employed and
assigned in the Philippines by a foreign service contractor or by a foreign service
subcontractor engaged in petroleum operations in the Philippines shall be liable to a tax of
fifteen percent (15%) of the salaries, wages, annuities, compensation, remuneration and other
emoluments, such as honoraria and allowances, received from such contractor or
subcontractor: Provided, however, That the same tax treatment shall apply to a Filipino
employed and occupying the same position as an alien employed by petroleum service
contractor and subcontractor.

Any income earned from all other sources within the Philippines by the alien employees
referred to under Subsections (C), (D) and (E) hereof shall be subject to the pertinent income
tax, as the case may be, imposed under this Code.

Sec. 34, NIRC Deductions from Gross Income. - Except for taxpayers earning compensation income arising
from personal services rendered under an employer-employee relationship where no
deductions shall be allowed under this Section other than under subsection (M) hereof, in
computing taxable income subject to income tax under Sections 24(A); 25(A); 26; 27(A), (B)
and (C); and 28(A)(1), there shall be allowed the following deductions from gross income;
xxx

(C) Taxes. -

(1) In General. - Taxes paid or incurred within the taxable year in connection with the
taxpayer's profession, trade or business, shall be allowed as deduction, except:
(a) The income tax provided for under this Title;
(b) Income taxes imposed by authority of any foreign country; but this deduction shall be
allowed in the case of a taxpayer who does not signify in his return his desire to have to any
extent the benefits of paragraph (3) of this subsection (relating to credits for taxes of foreign
countries);
(c) Estate and donor's taxes; and
(d) Taxes assessed against local benefits of a kind tending to increase the value of the property
assessed.

Provided, That taxes allowed under this Subsection, when refunded or credited, shall be
included as part of gross income in the year of receipt to the extent of the income tax benefit of
said deduction.

VIII. Law on Ethics


Rule 138, Sec. 27, ROC Attorneys removed or suspended by Supreme Court on what grounds. — A member of the bar
may be removed or suspended from his office as attorney by the Supreme Court for any deceit,
malpractice, or other gross misconduct in such office, grossly immoral conduct, or by reason
of his conviction of a crime involving moral turpitude, or for any violation of the oath which
he is required to take before the admission to practice, or for a wilful disobedience of any
lawful order of a superior court, or for corruptly or willful appearing as an attorney for a party
to a case without authority so to do. The practice of soliciting cases at law for the purpose of
gain, either personally or through paid agents or brokers, constitutes malpractice.
The disbarment or suspension of a member of the Philippine Bar by a competent court or other
disciplinary agency in a foreign jurisdiction where he has also been admitted as an attorney is
a ground for his disbarment or suspension if the basis of such action includes any of the acts
hereinabove enumerated.
The judgment, resolution or order of the foreign court or disciplinary agency shall be prima
facie evidence of the ground for disbarment or suspension.

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Rules for the Examination Applicants for admission who have been admitted to practice in the Supreme Court of the
of Candidates for United States or in any circuit court of appeal or district court, therein, or in the highest court
Admission to the Practice of any State or territory of the United States, which State or territory by comity confers the
of Law, par.4 (In re: same privilege on attorneys admitted to practice in the Philippine Islands, and who can show
Shoop) by satisfactory affidavits that they have practiced at least
five years in any of said courts, may, in the discretion of the court, be admitted without
examination.

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