SOURCES OF CONFLICT OF LAWS
FAMILY CODE Art. 36. A marriage contracted by any party who,
Art. 10. Marriages between Filipino citizens abroad
may be solemnized by a consul-general, 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.
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. (66a)
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)
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. (As amended by Executive
Order 227)
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.
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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;
(3) Between parents-in-law and children-in-law;
(4) Between the adopting parent and the
adopted child;
(5) Between the surviving spouse of the
adopting parent and the adopted child;
(6) Between the surviving spouse of the
adopted child and the adopter;
(7) Between an adopted child and a legitimate
child of the adopter;
(8) Between adopted children of the same
adopter; and
(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 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. (124a)
Art. 96. The administration and enjoyment of the
community property shall belong to both spouses
jointly. In case of disagreement, the husband's
SOURCES OF CONFLICT OF LAWS
decision shall prevail, subject to recourse to the
court by the wife for proper remedy, which must be
availed of within five years from the date of the
contract implementing such decision.
In the event that one spouse is incapacitated or
otherwise unable to participate in the
administration of the common properties, the other
spouse may assume sole powers of administration.
These powers do not include disposition or
encumbrance without authority of the court or the
written consent of the other spouse. In the absence
of such authority or consent, the disposition or
encumbrance shall be void. However, the
transaction shall be construed as a continuing offer
on the part of the consenting spouse and the third
person, and may be perfected as a binding contract
upon the acceptance by the other spouse or
authorization by the court before the offer is
withdrawn by either or both offerors. (206a)
Art. 184. The following persons may not adopt:
(1) The guardian with respect to the ward prior
to the approval of the final accounts rendered
upon the termination of their guardianship
relation;
(2) Any person who has been convicted of a
crime involving moral turpitude;
(3) An alien, except:
(a) A former Filipino citizen who seeks to
adopt a relative by consanguinity;
(b) One who seeks to adopt the legitimate
child of his or her Filipino spouse; or
(c) One who is married to a Filipino citizen
and seeks to adopt jointly with his or her
spouse a relative by consanguinity of the
latter.
Aliens not included in the foregoing exceptions may
adopt Filipino children in accordance with the rules
on inter-country adoptions as may be provided by
law. (28a, E. O. 91 and PD 603)
Art. 187. The following may not be adopted:
(1) A person of legal age, unless he or she is a
child by nature of the adopter or his or her
spouse, or, prior to the adoption, said person
has been consistently considered and treated
by the adopter as his or her own child during
minority.
(2) An alien with whose government the
Republic of the Philippines has no diplomatic
relations; and
(3) A person who has already been adopted
unless such adoption has been previously
revoked or rescinded. (30a, E. O. 91 and PD
603)
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CIVIL CODE
Art. 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)
Art. 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 living abroad. (9a)
Art. 16. Real property as well as personal
property is subject to the law of the country where
it is 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.
(10a)
Art. 17. The forms and solemnities of contracts,
wills, and other public instruments shall be
governed by 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. (11a)
Art. 815. When a Filipino is in a foreign 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 may be probated in the
Philippines. (n)
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 in
which he resides, or according to the formalities
observed in his country, or in conformity with those
which this Code prescribes. (n)
SOURCES OF CONFLICT OF LAWS
Art. 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)
Art. 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
been executed. (733a)
Art. 829. A revocation done outside the
Philippines, by a person who does not have his
domicile in this country, is valid when it is done
according to the law of the place where the will was
made, or 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. (n)
Art. 1039. Capacity to succeed is governed by the
law of the nation of the decedent. (n)
Art. 1319. Consent is manifested by the 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 came to his
knowledge. The contract, in such a case, is
presumed to have been entered into in the place
where the offer was made. (1262a)
Art. 1753. 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.
PENAL CODE
Art. 2. 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
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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.
CORPORATION CODE
Sec. 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)
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 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.
SOURCES OF CONFLICT OF LAWS
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.
RULES OF COURT
RULE 14 — SUMMONS
Section 1. Clerk to issue summons. Upon the filing
of the complaint and the payment of the requisite
legal fees, the clerk of court shall forthwith issue
the corresponding summons to the defendants.
Sec. 2. Contents. The summons shall be directed
to the defendant, signed by the clerk of court under
seal, and contain:
(a) the name of the court and the names of the
parties to the action;
(b) a direction that the defendant answer within
the time fixed by these Rules;
(c) a notice that unless the defendant so
answers, plaintiff will take judgment by default
and may be granted the relief applied for.
A copy of the complaint and order for appointment
of guardian ad litem, if any, shall be attached to
the original and each copy of the summons.
Sec. 3. By whom served. The summons may be
served by the sheriff, his deputy, or other proper
court officer, or for justifiable reasons by any
suitable person authorized by the court issuing the
summons.
Sec. 4. Return. When the service has been
completed, the server shall, within five (5) days
therefrom, serve a copy of the return, personally or
by registered mail, to the plaintiff's counsel, and
shall return the summons to the clerk who issued
it, accompanied by proof of service.
Sec. 5. Issuance of alias summons. If a summons
is returned without being served on any or all of
the defendants, the server shall also serve a copy
of the return on the plaintiff's counsel, stating the
reasons for the failure of service, within five (5)
days therefrom. In such a case, or if the summons
has been lost, the clerk, on demand of the plaintiff,
may issue an alias summons.
Sec. 6. Service in person on defendant. Whenever
practicable, the summons shall be served by
handing a copy thereof to the defendant in person,
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or, if he refuses to receive and sign for it, by
tendering it to him.
Sec. 7. Substituted service. If, for justifiable
causes, the defendant cannot be served within a
reasonable time as provided in the preceding
section, service may be effected (a) by leaving
copies of the summons at the defendant's
residence with some person of suitable age and
discretion then residing therein, or (b) by leaving
the copies at defendant's office or regular place of
business with some competent person in charge
thereof.
Sec. 8. Service upon entity without juridical
personality. When persons associated in an entity
without juridical personality are sued under the
name by which they are generally or commonly
known, service may be effected upon all the
defendants by serving upon any one of them, or
upon the person in charge of the office or place of
business maintained in 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
SOURCES OF CONFLICT OF LAWS
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, 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.
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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
Sec. 48. Effect of foreign judgments or final
orders. The effect of a judgment or final order of a
tribunal of a foreign country, having jurisdiction 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 131 — BURDEN OF PROOF AND
PRESUMPTIONS
Sec. 3. Disputable presumptions. — The following
presumptions are satisfactory if uncontradicted,
but may be contradicted and overcome by other
evidence: xxx
(n) That a court, or judge acting as such, whether
in the Philippines or elsewhere, was acting in the
lawful exercise of jurisdiction; xxx
RULE 132 — PRESENTATION OF EVIDENCE
A. EXAMINATION OF WITNESSES
SOURCES OF CONFLICT OF LAWS Page 6 of 6
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)