A. Constitution Art.

IV, 1-4
ARTICLE IV
CITIZENSHIP

1
Page

CONFLICTS OF LAW

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.

B. Civil Code Art. 14, 15, 16, 17, 815, 816, 818, 819, 829, 1039, 1319, 1753
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 living abroad. (9a)
Article 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)
Article 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)
Article 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)
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 this Code prescribes. (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)

personality. (n) Article 1319. it is presumed that the lawmaking body intended right and justice to prevail. good customs or public policy shall compensate the latter for the damage. organization or dissolution of corporations or those which fix the relations. 35. . members. (3) Intriguing to cause another to be alienated from his friends. except such only as provide for the creation. executed by Filipinos in a foreign country shall not be valid in the Philippines. 123. Acceptance made by letter or telegram does not bind the offerer except from the time it came to his knowledge. 21. Corporation Code Secs. 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. prohibited by the preceding article. (73a) Section 133. place of birth. liabilities. suit or proceeding in any court or administrative agency of the Philippines. A qualified acceptance constitutes a counter-offer. (n) Section 129. formation. when it is in accordance with the provisions of this Code. 80 Article 10. physical defect. or duties of stockholders. A revocation done outside the Philippines. or according to the law of the place in which the testator had his domicile at the time. In case of doubt in the interpretation or application of laws. – No foreign corporation transacting business in the Philippines without a license. or officers of corporations to each other or to the corporation. (1262a) Article 1753. Article 26. rules and regulations applicable to domestic corporations of the same class. – For the purposes of this Code. or its successors or assigns. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. by a person who does not have his domicile in this country. The contract. (69a) D. 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. Capacity to succeed is governed by the law of the nation of the decedent. responsibilities. is valid when it is done according to the law of the place where the will was made. 129. 37. is presumed to have been entered into in the place where the offer was made. even though authorized by the laws of the country where they may have been executed.Page 2 Article 819. Law applicable. Doing business without a license. Any person who wilfully causes loss or injury to another in manner that is contrary to morals. 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. in such a case. (733a) Article 829. prevention and other relief: (1) Prying into the privacy of another's residence. Definition and rights of foreign corporations. though they may not constitute a criminal offense. The law of the country to which the goods are to be transported shall govern the liability of the common carrier for their loss. privacy and peace of mind of his neighbors and other persons. (2) Meddling with or disturbing the private life or family relations of another. 26. 133 Section 123. The following and similar acts. Every person shall respect the dignity. The offer must be certain and the acceptance absolute. Family Code 10. C. shall be permitted to maintain or intervene in any action. a foreign corporation is one formed. destruction or deterioration. lowly station in life. Wills. shall produce a cause of action for damages. 38. (n) Article 21. (n) Article 1039. and if the revocation takes place in this country. (4) Vexing or humiliating another on account of his religious beliefs. 36. or other personal condition. – Any foreign corporation lawfully doing business in the Philippines shall be bound by all laws.

the state of being a deaf-mute. is acquired and may be lost.Page 3 Article 35. (2) Those solemnized by any person not legally authorized to perform marriages. which is the power to do acts with legal effect. the court may require the plaintiff to file a bond to indemnify the defendant in case the complaint should be found to be malicious. (5) Incestuous marriages mentioned in article 81. (7) Those between stepbrothers and stepsisters and other marriages specified in article 82. even with the consent of the parents. Should commit any of the crimes against national security and the law of nations. insanity or imbecility. Upon the defendant's motion. Application of its provisions. prodigality and civil interdiction are mere restrictions on capacity to act. . the civil action shall be suspended until the termination of the criminal proceedings. 2 Article 2. F. the provisions of this Code shall be enforced not only within the Philippine Archipelago. the complaint may bring a civil action for damages against the alleged offender. Article 36. its interior waters and maritime zone. Minority. (32a) Article 80. should commit an offense in the exercise of their functions. and do not exempt the incapacitated person from certain obligations. charges another with the same. or 5. Rules of Court: Rule 4. (4) Bigamous or polygamous marriages not falling under article 83. 3. Juridical capacity. 4. for which no independent civil action is granted in this Code or any special law. Should commit an offense while on a Philippine ship or airship 2. number 2. (n) E. which is the fitness to be the subject of legal relations. When a person. Such civil action may be supported by a preponderance of evidence. but the justice of the peace finds no reasonable grounds to believe that a crime has been committed. Pre-judicial questions. which must be decided before any criminal prosecution may be instituted or may proceed. (3) Those solemnized without a marriage license. While being public officers or employees. (6) Those where one or both contracting parties have been found guilty of the killing of the spouse of either of them. or the prosecuting attorney refuses or fails to institute criminal proceedings. (n) Article 38. RPC Art. including its atmosphere. is inherent in every natural person and is lost only through death. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number. Capacity to act. as when the latter arise from his acts or from property relations. 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. . 2. against those who: 1. save marriages of exceptional character. Article 37. If during the pendency of the civil action. but also outside of its jurisdiction. defined in Title One of Book Two of this Code. Sec. such as easements. claiming to be injured by a criminal offense.Except as provided in the treaties and laws of preferential application. The following marriages shall be void from the beginning: (1) Those contracted under the ages of sixteen and fourteen years by the male and female respectively. shall be governed by rules of court which the Supreme Court shall promulgate and which shall not be in conflict with the provisions of this Code. an information should be presented by the prosecuting attorney.

Residents temporarily out of the Philippines. — A commission or letters rogatory shall be issued only when necessary or convenient. or whenever his whereabouts are unknown and cannot be ascertained by diligent inquiry. property within the Philippines. — In pleading a judgment or decision of a domestic or foreign court. on application and notice. or the subject of which is. service may. on the government official designated by law to that effect. and the action affects the personal status of the plaintiff or relates to. (2[b]a) Rule 8. Commission or letters rogatory. consul. vice-consul. it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it. (16a) Section 15. 12. and on such terms. or by publication in a newspaper of general circulation in such places and for such time as the court may order. Service upon foreign private juridical entities. service may be made on its resident agent designated in accordance with law for that purpose. 12. — When any action is commenced against a defendant who ordinarily resides within the Philippines. or on any of its officers or agents within the Philippines. Sec. Venue of personal actions. R24) Rule 39. . 11. but who is temporarily out of it. or. depositions may be taken (a) on notice before a secretary of embassy or legation. — All other actions may be commenced and tried where the plaintiff or any of the principal plaintiffs resides. (6) Rule 11. 6. 14. R24) Section 12. be also effected out of the Philippines. Extraterritorial service. Sec. within which the defendant must answer. Service upon defendant whose identity or whereabouts are unknown. or consular agent of the Republic of the Philippines. (2a) Rule 14. (14a) Section 14. (12a. judicial or quasi-judicial tribunal. Answer of a defendant foreign private juridical entity. Sec. — In any action where the defendant is designated as an unknown owner. or in the case of a non-resident defendant where he may be found. in which the defendant has or claims a lien or interest. consul general. actual or contingent. wholly or in part.Page 4 Section 2. or where the defendant or any of the principal defendants resides. Sec. the answer shall be filed within thirty (30) days after receipt of summons by such entity. or in any other manner the court may deem sufficient. Sec. 15. by leave of court. — When the defendant is a foreign private juridical entity which has transacted business in the Philippines. — When the defendant does not reside and is not found in the Philippines. Persons before whom depositions may be taken in foreign countries. and with such direction as are just and appropriate. or of a board or officer. by leave of court. service may. 2. as under the preceding section. 16. which shall not be less than sixty (60) days after notice. 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. (18a) Rule 23. 48. at the election of the plaintiff. Section 6. or (c) the person referred to in section 14 hereof. by leave of court. or the like. Section 2. or the property of the defendant has been attached within the Philippines. Judgment. (11a. or in which the relief demanded consists. in excluding the defendant from any interest therein. (17a) Section 16. (b) before such person or officer as may be appointed by commission or under letters rogatory. — Where the defendant is a foreign private juridical entity and service of summons is made on the government official designated by law to receive the same. Section 12. be effected out of the Philippines by personal service as under section 6. if there be no such agent. 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. Section 11. Any order granting such leave shall specify a reasonable time. service may. — In a foreign state or country. 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.

or judge acting as such. Effect of foreign judgments or final orders. and (b) In case of a judgment or final order against a person. Sec. or when the want of jurisdiction appears on the record. Where estate of deceased persons settled. Public documents are: (a) The written official acts. whether a citizen or an alien. shall exercise jurisdiction to the exclusion of all other courts. was acting in the lawful exercise of jurisdiction. filed. or letters of administration granted. except in an appeal from that court. Rule 77. Rule 131. The court first taking cognizance of the settlement of the estate of a decedent. In the City of Manila the proceedings shall be instituted in the Juvenile and Domestic Relations Court. in the Court of First Instance in the province in which he resides at the time of his death. Rule 132. the judgment or final order may be repelled by evidence of a want of jurisdiction. with a certificate that such . when admissible for any purpose. 19(a). and accompanied. in the original case. — If the decedents is an inhabitant of the Philippines at the time of his death. Section 1. however. Proof of official record.1. or records of the official acts of the sovereign authority. provided. — Wills proved and allowed in a foreign country. Rule 92. collusion. Sec. Sec. (50a) Rule 73. if the record is not kept in the Philippines. or of the location of his estate. — For the purpose of their presentation evidence. whether in the Philippines or elsewhere. or in the justice of the peace court of the municipality. or clear mistake of law or fact. the proceedings shall be instituted in the Court of First Instance. so far as it depends on the place of residence of the decedent. the judgment or final order. and recorded by the proper Court of First Instance in the Philippines. — The effect of a judgment or final order of a tribunal of a foreign country. fraud. 24. In either case. Sec. may be allowed. shall not be contested in a suit or proceeding. in the Court of First Instance of the province wherein his property or the party thereof is situated. want of notice to the party. Where to institute proceedings. but may be contradicted and overcome by other evidence: (n) That a court. The jurisdiction assumed by a court. and his estate settled. Section 3. Classes of Documents. or by his deputy. and if he is an inhabitant of a foreign country. or of a foreign country. Section 1. 3(n). that where the value of the property of such minor or incompetent exceeds that jurisdiction of the justice of the peace or municipal court. official bodies and tribunals. documents are either public or private. 1. his will shall be proved. Sec.Page 5 Section 48. and if he resides in a foreign country. — The record of public documents referred to in paragraph (a) of Section 19. — The following presumptions are satisfactory if uncontradicted. may be evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record. — Guardianship of a person or estate of a minor or incompetent may be instituted in the Court of First Instance of the province. the Court of First Instance of any province in which he had estate. 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. Section 24. or in the municipal court chartered city where the minor or incompetent persons resides. whether of the Philippines. the judgment or final order is presumptive evidence of a right as between the parties and their successors in interest by a subsequent title. 1. Will proved outside Philippines may be allowed here. according to the laws of such country. Disputable presumptions. Section 19. and public officers. Section 1. is conclusive upon the title to the thing.

(25a) Jovito Salonga. the certificate may be made by a secretary of the embassy or legation. and authenticated by the seal of his office. If the office in which the record is kept is in foreign country. vice consul. consul general. pages 15-44 (1995) . Private International Law.Page 6 officer has the custody. 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. consul.