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FAMILY CODE Art. 36. A marriage contracted by any party who,

at the time of the celebration, was psychologically
Art. 10. Marriages between Filipino citizens abroad incapacitated to comply with the essential marital
may be solemnized by a consul-general, consul or obligations of marriage, shall likewise be void even
vice-consul of the Republic of the Philippines. The if such incapacity becomes manifest only after its
issuance of the marriage license and the duties of solemnization. (As amended by Executive Order
the local civil registrar and of the solemnizing 227)
officer with regard to the celebration of marriage
shall be performed by said consular official. (75a) Art. 37. Marriages between the following are
incestuous and void from the beginning, whether
Art. 21. When either or both of the contracting relationship between the parties be legitimate or
parties are citizens of a foreign country, it shall be illegitimate:
necessary for them before a marriage license can (1) Between ascendants and descendants of
be obtained, to submit a certificate of legal any degree; and
capacity to contract marriage, issued by their (2) Between brothers and sisters, whether of
respective diplomatic or consular officials. the full or half blood. (81a)
Stateless persons or refugees from other countries
shall, in lieu of the certificate of legal capacity Art. 38. The following marriages shall be void from
herein required, submit an affidavit stating the the beginning for reasons of public policy:
circumstances showing such capacity to contract (1) Between collateral blood relatives whether
marriage. (66a) legitimate or illegitimate, up to the fourth civil
Art. 26. All marriages solemnized outside the (2) Between step-parents and step-children;
Philippines, in accordance with the laws in force in (3) Between parents-in-law and children-in-law;
the country where they were solemnized, and valid (4) Between the adopting parent and the
there as such, shall also be valid in this country, adopted child;
except those prohibited under Articles 35 (1), (4), (5) Between the surviving spouse of the
(5) and (6), 3637 and 38. (17a) adopting parent and the adopted child;
(6) Between the surviving spouse of the
Where a marriage between a Filipino citizen and a adopted child and the adopter;
foreigner is validly celebrated and a divorce is (7) Between an adopted child and a legitimate
thereafter validly obtained abroad by the alien child of the adopter;
spouse capacitating him or her to remarry, the (8) Between adopted children of the same
Filipino spouse shall have capacity to remarry adopter; and
under Philippine law. (As amended by Executive (9) Between parties where one, with the
Order 227) intention to marry the other, killed that other
person's spouse, or his or her own spouse. (82)
Art. 35. The following marriages shall be void from
the beginning: Art. 80. In the absence of a contrary stipulation in
(1) Those contracted by any party below a marriage settlement, the property relations of the
eighteen years of age even with the consent of spouses shall be governed by Philippine laws,
parents or guardians; regardless of the place of the celebration of the
(2) Those solemnized by any person not legally marriage and their residence.
authorized to perform marriages unless such
marriages were contracted with either or both This rule shall not apply:
parties believing in good faith that the (1) Where both spouses are aliens;
solemnizing officer had the legal authority to do (2) With respect to the extrinsic validity of
so; contracts affecting property not situated in the
(3) Those solemnized without license, except Philippines and executed in the country where
those covered the preceding Chapter; the property is located; and
(4) Those bigamous or polygamous marriages (3) With respect to the extrinsic validity of
not failing under Article 41; contracts entered into in the Philippines but
(5) Those contracted through mistake of one affecting property situated in a foreign country
contracting party as to the identity of the other; whose laws require different formalities for its
and extrinsic validity. (124a)
(6) Those subsequent marriages that are void
under Article 53. Art. 96. The administration and enjoyment of the
community property shall belong to both spouses
jointly. In case of disagreement, the husband's
decision shall prevail, subject to recourse to the CIVIL CODE
court by the wife for proper remedy, which must be
availed of within five years from the date of the Art. 14. Penal laws and those of public security
contract implementing such decision. and safety shall be obligatory upon all who live or
sojourn in the Philippine territory, subject to the
In the event that one spouse is incapacitated or principles of public international law and to treaty
otherwise unable to participate in the stipulations. (8a)
administration of the common properties, the other
spouse may assume sole powers of administration. Art. 15. Laws relating to family rights and duties,
These powers do not include disposition or or to the status, condition and legal capacity of
encumbrance without authority of the court or the persons are binding upon citizens of the
written consent of the other spouse. In the absence Philippines, even though living abroad. (9a)
of such authority or consent, the disposition or
encumbrance shall be void. However, the Art. 16. Real property as well as personal property
transaction shall be construed as a continuing offer is subject to the law of the country where it is
on the part of the consenting spouse and the third stipulated.
person, and may be perfected as a binding contract
upon the acceptance by the other spouse or However, intestate and testamentary successions,
authorization by the court before the offer is both with respect to the order of succession and to
withdrawn by either or both offerors. (206a) the amount of successional rights and to the
intrinsic validity of testamentary provisions, shall
Art. 184. The following persons may not adopt: be regulated by the national law of the person
(1) The guardian with respect to the ward prior whose succession is under consideration, whatever
to the approval of the final accounts rendered may be the nature of the property and regardless
upon the termination of their guardianship of the country wherein said property may be found.
relation; (10a)
(2) Any person who has been convicted of a
crime involving moral turpitude; Art. 17. The forms and solemnities of contracts,
(3) An alien, except: wills, and other public instruments shall be
(a) A former Filipino citizen who seeks to governed by the laws of the country in which they
adopt a relative by consanguinity; are executed.
(b) One who seeks to adopt the legitimate
child of his or her Filipino spouse; or When the acts referred to are executed before the
(c) One who is married to a Filipino citizen diplomatic or consular officials of the Republic of
and seeks to adopt jointly with his or her the Philippines in a foreign country, the solemnities
spouse a relative by consanguinity of the established by Philippine laws shall be observed in
latter. their execution.

Aliens not included in the foregoing exceptions may Prohibitive laws concerning persons, their acts or
adopt Filipino children in accordance with the rules property, and those which have, for their object,
on inter-country adoptions as may be provided by public order, public policy and good customs shall
law. (28a, E. O. 91 and PD 603) not be rendered ineffective by laws or judgments
promulgated, or by determinations or conventions
Art. 187. The following may not be adopted: agreed upon in a foreign country. (11a)
(1) A person of legal age, unless he or she is a
child by nature of the adopter or his or her Art. 815. When a Filipino is in a foreign country, he
spouse, or, prior to the adoption, said person is authorized to make a will in any of the forms
has been consistently considered and treated established by the law of the country in which he
by the adopter as his or her own child during may be. Such will may be probated in the
minority. Philippines. (n)
(2) An alien with whose government the
Republic of the Philippines has no diplomatic Art. 816. The will of an alien who is abroad
relations; and produces effect in the Philippines if made with the
(3) A person who has already been adopted formalities prescribed by the law of the place in
unless such adoption has been previously which he resides, or according to the formalities
revoked or rescinded. (30a, E. O. 91 and PD observed in his country, or in conformity with those
603) which this Code prescribes. (n)
Art. 818. Two or more persons cannot make a will and securities mentioned in the presiding
jointly, or in the same instrument, either for their number;
reciprocal benefit or for the benefit of a third 4. While being public officers or employees,
person. (669) should commit an offense in the exercise of
their functions; or
Art. 819. Wills, prohibited by the preceding article, 5. Should commit any of the crimes against
executed by Filipinos in a foreign country shall not national security and the law of nations, defined
be valid in the Philippines, even though authorized in Title One of Book Two of this Code.
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 Sec. 133. Doing business without a license. — No
domicile in this country, is valid when it is done foreign corporation transacting business in the
according to the law of the place where the will was Philippines without a license, or its successors or
made, or according to the law of the place in which assigns, shall be permitted to maintain or intervene
the testator had his domicile at the time; and if the in any action, suit or proceeding in any court or
revocation takes place in this country, when it is in administrative agency of the Philippines; but such
accordance with the provisions of this Code. (n) corporation may be sued or proceeded against
before Philippine courts or administrative tribunals
Art. 1039. Capacity to succeed is governed by the on any valid cause of action recognized under
law of the nation of the decedent. (n) Philippine laws. (69a)

Art. 1319. Consent is manifested by the meeting

of the offer and the acceptance upon the thing and CONSTITUTION
the cause which are to constitute the contract. The
offer must be certain and the acceptance absolute.
A qualified acceptance constitutes a counter-offer.
Section 1. The following are citizens of the
Acceptance made by letter or telegram does not
[1] Those who are citizens of the Philippines at
bind the offerer except from the time it came to his
the time of the adoption of this Constitution;
knowledge. The contract, in such a case, is
[2] Those whose fathers or mothers are citizens
presumed to have been entered into in the place
of the Philippines;
where the offer was made. (1262a)
[3] Those born before January 17, 1973, of
Filipino mothers, who elect Philippine citizenship
Art. 1753. The law of the country to which the
upon reaching the age of majority; and
goods are to be transported shall govern the
[4] Those who are naturalized in accordance
liability of the common carrier for their loss,
with law.
destruction or deterioration.
Section 2. Natural-born citizens are those who are
citizens of the Philippines from birth without having
PENAL CODE to perform any act to acquire or perfect their
Philippine citizenship. Those who elect Philippine
Art. 2. Application of its provisions. – Except as citizenship in accordance with paragraph (3),
provided in the treaties and laws of preferential Section 1 hereof shall be deemed natural-born
application, the provisions of this Code shall be citizens.
enforced not only within the Philippine Archipelago,
including its atmosphere, its interior waters and Section 3. Philippine citizenship may be lost or
maritime zone, but also outside of its jurisdiction, reacquired in the manner provided by law.
against those who:
1. Should commit an offense while on a Section 4. Citizens of the Philippines who marry
Philippine ship or airship aliens shall retain their citizenship, unless by their
2. Should forge or counterfeit any coin or act or omission, they are deemed, under the law, to
currency note of the Philippine Islands or have renounced it.
obligations and securities issued by the
Government of the Philippine Islands; Section 5. Dual allegiance of citizens is inimical to
3. Should be liable for acts connected with the the national interest and shall be dealt with by law.
introduction into these islands of the obligations
Section 1. Suffrage may be exercised by all or, if he refuses to receive and sign for it, by
citizens of the Philippines not otherwise disqualified tendering it to him.
by law, who are at least eighteen years of age, and
who shall have resided in the Philippines for at Sec. 7. Substituted service. If, for justifiable
least one year, and in the place wherein they causes, the defendant cannot be served within a
propose to vote, for at least six months reasonable time as provided in the preceding
immediately preceding the election. No literacy, section, service may be effected (a) by leaving
property, or other substantive requirement shall be copies of the summons at the defendant's
imposed on the exercise of suffrage. 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
RULES OF COURT business with some competent person in charge
Section 1. Clerk to issue summons. Upon the filing Sec. 8. Service upon entity without juridical
of the complaint and the payment of the requisite personality. When persons associated in an entity
legal fees, the clerk of court shall forthwith issue without juridical personality are sued under the
the corresponding summons to the defendants. name by which they are generally or commonly
known, service may be effected upon all the
Sec. 2. Contents. The summons shall be directed defendants by serving upon any one of them, or
to the defendant, signed by the clerk of court under upon the person in charge of the office or place of
seal, and contain: business maintained in such name. But such
(a) the name of the court and the names of the service shall not bind individually any person
parties to the action; whose connection with the entity has, upon due
(b) a direction that the defendant answer within notice, been severed before the action was
the time fixed by these Rules; brought.
(c) a notice that unless the defendant so
answers, plaintiff will take judgment by default Sec. 9. Service upon prisoners. When the
and may be granted the relief applied for. defendant is a prisoner confined in a jail or
A copy of the complaint and order for appointment institution, service shall be effected upon him by
of guardian ad litem, if any, shall be attached to the officer having the management of such jail or
the original and each copy of the summons. institution who is deemed deputized as a special
sheriff for said purpose.
Sec. 3. By whom served. The summons may be
served by the sheriff, his deputy, or other proper Sec. 10. Service upon minors and incompetents.
court officer, or for justifiable reasons by any When the defendant is a minor, insane or otherwise
suitable person authorized by the court issuing the an incompetent, service shall be made upon him
summons. personally and on his legal guardian if he has one,
or if none, upon his guardian ad litem whose
Sec. 4. Return. When the service has been appointment shall be applied for by the plaintiff. In
completed, the server shall, within five (5) days the case of a minor, service may also be made on
therefrom, serve a copy of the return, personally or his father or mother.
by registered mail, to the plaintiff's counsel, and
shall return the summons to the clerk who issued it, Sec. 11. Service upon domestic private juridical
accompanied by proof of service. entity. When the defendant is a corporation,
partnership or association organized under the laws
Sec. 5. Issuance of alias summons. If a summons of the Philippines with a juridical personality,
is returned without being served on any or all of service may be made on the president, managing
the defendants, the server shall also serve a copy partner, general manager, corporate secretary,
of the return on the plaintiff's counsel, stating the treasurer, or in-house counsel.
reasons for the failure of service, within five (5)
days therefrom. In such a case, or if the summons Sec. 12. Service upon foreign private juridical
has been lost, the clerk, on demand of the plaintiff, entity. When the defendant is a foreign private
may issue an alias summons. juridical entity which has transacted business in the
Philippines, service may be made on its resident
Sec. 6. Service in person on defendant. Whenever agent designated in accordance with law for that
practicable, the summons shall be served by purpose, or, if there be no such agent, on the
handing a copy thereof to the defendant in person, government official designated by law to that
effect, or on any of its officers or agents within the summons shall be made in writing by the server
Philippines. and shall set forth the manner, place, and date of
service; shall specify any papers which have been
Sec. 13. Service upon public corporations. When served with the process and the name of the
the defendant is the Republic of the Philippines, person who received the same; and shall be sworn
service may be effected on the Solicitor General; in to when made by a person other than a sheriff or
case of a province, city or municipality, or like his deputy.
public corporations, service may be effected on its
executive head, or on such other officer or officers Sec. 19. Proof of service by publication. If the
as the law or the court may direct. service has been made by publication, service may
be proved by the affidavit of the printer, his
Sec. 14. Service upon defendant whose identity or foreman or principal clerk, or of the editor, business
whereabouts are unknown. In any action where the or advertising manager, to which affidavit a copy of
defendant is designated as an unknown owner, or the publication shall be attached, and by an
the like, or whenever his whereabouts are unknown affidavit showing the deposit of a copy of the
and cannot be ascertained by diligent inquiry, summons and order for publication in the post
service may, by leave of court, be effected upon office, postage prepaid, directed to the defendant
him by publication in a newspaper of general by registered mail to his last known address.
circulation and in such places and for such time as
the court may order. Sec. 20. Voluntary appearance. The defendant's
voluntary appearance in the action shall be
Sec. 15. Extraterritorial service. When the equivalent to service of summons. The inclusion in
defendant does not reside and is not found in the a motion to dismiss of other grounds aside from
Philippines, and the action affects the personal lack of jurisdiction over the person of the defendant
status of the plaintiff or relates to, or the subject of shall not be deemed a voluntary appearance.
which is, property within the Philippines, in which
the defendant has or claims a lien or interest, RULE 39 — EXECUTION, SATISFACTION AND
actual or contingent, or in which the relief EFFECT OF JUDGMENTS
demanded consists, wholly or in part, in excluding Sec. 48. Effect of foreign judgments or final
the defendant from any interest therein, or the orders. The effect of a judgment or final order of a
property of the defendant has been attached within tribunal of a foreign country, having jurisdiction to
the Philippines, service may, by leave of court, be render the judgment or final order is as follows:
effected out of the Philippines by personal service (a) In case of a judgment or final order upon a
as under section 6; or by publication in a specific thing, the judgment or final order is
newspaper of general circulation in such places and conclusive upon the title to the thing; and
for such time as the court may order, in which case (b) In case of a judgment or final order against
a copy of the summons and order of the court shall a person, the judgment or final order is
be sent by registered mail to the last known presumptive evidence of a right as between the
address of the defendant, or in any other manner parties and their successors in interest by a
the court may deem sufficient. Any order granting subsequent title.
such leave shall specify a reasonable time, which In either case, the judgment or final order may be
shall not be less than sixty (60) days after notice, repelled by evidence of a want of jurisdiction, want
within which the defendant must answer. of notice to the party, collusion, fraud, or clear
mistake of law or fact.
Sec. 16. Residents temporarily out of the
Philippines. When any action is commenced against RULE 131 — BURDEN OF PROOF AND
a defendant who ordinarily resides within the PRESUMPTIONS
Philippines, but who is temporarily out of it, service Sec. 3. Disputable presumptions. — The following
may, by leave of court, be also effected out of the presumptions are satisfactory if uncontradicted, but
Philippines, as under the preceding section. may be contradicted and overcome by other
evidence: xxx
Sec. 17. Leave of court. Any application to the (n) That a court, or judge acting as such, whether
court under this Rule for leave to effect service in in the Philippines or elsewhere, was acting in the
any manner for which leave of court is necessary lawful exercise of jurisdiction; xxx
shall be made by motion in writing, supported by
affidavit of the plaintiff or some person on his RULE 132 — PRESENTATION OF EVIDENCE
behalf, setting forth the grounds for the application. A. EXAMINATION OF WITNESSES
Sec. 25. What attestation of copy must state. —
Sec. 18. Proof of service. The proof of service of a 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)