1987 CONSTITUTION

Art. 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.

CIVIL CODE
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)

(733a) ARTICLE 829. 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. formation. (n) ARTICLE 1319. (n) ARTICLE 1039. Acceptance made by letter or telegram does not bind the offerer except from the time it came to his knowledge. A qualified acceptance constitutes a counter-offer. organization or dissolution of corporations or those which fix the relations. (n) SECTION 129. and if the revocation takes place in this country. The contract. liabilities. (n) ARTICLE 818. in such a case. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. (n) ARTICLE 816. – For the purposes of this Code. The offer must be certain and the acceptance absolute. when it is in accordance with the provisions of this Code. executed by Filipinos in a foreign country shall not be valid in the Philippines. or in the same instrument. Definition and rights of foreign corporations. he is authorized to make a will in any of the forms established by the law of the country in which he may be. either for their reciprocal benefit or for the benefit of a third person. CORPORATION CODE SECTION 123. Such will may be probated in the Philippines. A revocation done outside the Philippines. Two or more persons cannot make a will jointly. The law of the country to which the goods are to be transported shall govern the liability of the common carrier for their loss. or according to the law of the place in which the testator had his domicile at the time. or in conformity with those which this Code prescribes. except such only as provide for the creation. or according to the formalities observed in his country. Law applicable. a foreign corporation is one formed. prohibited by the preceding article. 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. or duties of stockholders. (1262a) ARTICLE 1753. responsibilities. members. is presumed to have been entered into in the place where the offer was made. 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. rules and regulations applicable to domestic corporations of the same class. Capacity to succeed is governed by the law of the nation of the decedent. Wills. When a Filipino is in a foreign country. destruction or deterioration. even though authorized by the laws of the country where they may have been executed. (73a) . is valid when it is done according to the law of the place where the will was made.ARTICLE 815. or officers of corporations to each other or to the corporation. (669) ARTICLE 819. by a person who does not have his domicile in this country. – Any foreign corporation lawfully doing business in the Philippines shall be bound by all laws.

(5) and (6). A marriage contracted by any party who. (81a) ARTICLE 38. Marriages between Filipino citizens abroad may be solemnized by a consul-general. shall likewise be void even if such incapacity becomes manifest only after its solemnization. or its successors or assigns. 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. 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. Doing business without a license. whether relationship between the parties be legitimate or illegitimate: (1) Between ascendants and descendants of any degree. (As amended by Executive Order 227) ARTICLE 35. All marriages solemnized outside the Philippines.SECTION 133. – No foreign corporation transacting business in the Philippines without a license. the Filipino spouse shall have capacity to remarry under Philippine law. When either or both of the contracting parties are citizens of a foreign country. suit or proceeding in any court or administrative agency of the Philippines. was psychologically incapacitated to comply with the essential marital obligations of marriage. 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. (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. submit an affidavit stating the circumstances showing such capacity to contract marriage. (5) Those contracted through mistake of one contracting party as to the identity of the other. issued by their respective diplomatic or consular officials. except those prohibited under Articles 35 (1). (As amended by Executive Order 227) ARTICLE 37. (75a) ARTICLE 21. at the time of the celebration. to submit a certificate of legal capacity to contract marriage. shall also be valid in this country. and valid there as such. it shall be necessary for them before a marriage license can be obtained. shall be permitted to maintain or intervene in any action. (3) Those solemnized without license. Stateless persons or refugees from other countries shall. (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. in accordance with the laws in force in the country where they were solemnized. (69a) FAMILY CODE ARTICLE 10. in lieu of the certificate of legal capacity herein required. and (2) Between brothers and sisters. whether of the full or half blood. consul or vice-consul of the Republic of the Philippines. except those covered the preceding Chapter. (4). The following marriages shall be void from the beginning for reasons of public policy: . (4) Those bigamous or polygamous marriages not failing under Article 41. (66a) ARTICLE 26. 3637 and 38. Marriages between the following are incestuous and void from the beginning. ARTICLE 36. and (6) Those subsequent marriages that are void under Article 53.

and (9) Between parties where one. (82) ARTICLE 80. including its atmosphere. — Except as provided in the treaties and laws of preferential application. should commit an offense in the exercise of their functions. RULES OF COURT RULE 4 VENUE OF ACTIONS . killed that other person's spouse. (2) Between step-parents and step-children. or his or her own spouse. (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. the property relations of the spouses shall be governed by Philippine laws. (6) Between the surviving spouse of the adopted child and the adopter. (4) While being public officers or employees. its interior waters and maritime zone. (3) Between parents-in-law and children-in-law. (124a) REVISED PENAL CODE ARTICLE 2. (4) Between the adopting parent and the adopted child. (8) Between adopted children of the same adopter. regardless of the place of the celebration of the marriage and their residence. (7) Between an adopted child and a legitimate child of the adopter. Application of its provisions. In the absence of a contrary stipulation in a marriage settlement. but also outside of its jurisdiction. 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. This rule shall not apply: (1) Where both spouses are aliens. with the intention to marry the other. or (5) Should commit any of the crimes against national security and the law of nations. the provisions of this Code shall be enforced not only within the Philippine Archipelago. defined in Title One of Book Two of this Code. up to the fourth civil degree. (5) Between the surviving spouse of the adopting parent and the adopted child. 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.(1) Between collateral blood relatives whether legitimate or illegitimate.

Service upon foreign private juridical entity. or the property of the defendant has been attached within the Philippines. judicial or quasi-judicial tribunal. by leave of court. or whenever his whereabouts are unknown and cannot be ascertained by diligent inquiry. – When the defendant does not reside and is not found in the Philippines. actual or contingent. When the defendant is a foreign private juridical entity which has transacted business in the Philippines. or the subject of which is. or of a board or officer. .SECTION 2. service may. or on any of its officers or agents within the Philippines. RULE 11 WHEN TO FILE RESPONSIVE PLEADINGS SECTION 2. 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. as under the preceding section. 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. SECTION 14. property within the Philippines. service may. Answer of a defendant foreign private juridical entity. be effected out of the Philippines by personal service as under section 6. or the like. or. Service upon defendant whose identity or whereabouts are unknown. by leave of court. RULE 14 SUMMONS SECTION 12. but who is temporarily out of it. – 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. service may. or where the defendant or any of the principal defendants resides. Extraterritorial service. within which the defendant must answer. the answer shall be filed within thirty (30) days after receipt of summons by such entity. SECTION 15. in which the defendant has or claims a lien or interest. Any order granting such leave shall specify a reasonable time. or in the case of a non-resident defendant where he may be found. at the election of the plaintiff. – When any action is commenced against a defendant who ordinarily resides within the Philippines. in excluding the defendant from any interest therein. SECTION 16. it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it. Residents temporarily out of the Philippines. by leave of court. service may be made on its resident agent designated in accordance with law for that purpose. Judgment – In pleading a judgment or decision of a domestic or foreign court. or by publication in a newspaper of general circulation in such places and for such time as the court may order. wholly or in part. – In any action where the defendant is designated as an unknown owner. on the government official designated by law to that effect. be also effected out of the Philippines. RULE 8 MANNER OF MAKING ALLEGATIONS IN PLEADINGS SECTION 6. or in any other manner the court may deem sufficient. which shall not be less than sixty (60) days after notice. Venue of personal actions – All other actions may be commenced and tried where the plaintiff or any of the principal plaintiffs resides. if there be no such agent. or in which the relief demanded consists. and the action affects the personal status of the plaintiff or relates to.

the judgment or final order is presumptive evidence of a right as between the parties and their successors in interest by a subsequent title. shall not be contested in a suit or proceeding. collusion. — If the decedents is an inhabitant of the Philippines at the time of his death. 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. Persons before whom depositions may be taken in foreign countries. and (b) In case of a judgment or final order against a person. fraud. 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. In either case. except in an appeal from that court. so far as it depends on the place of residence of the decedent. Where estate of deceased persons settled. the judgment or final order may be repelled by evidence of a want of jurisdiction. and on such terms and with such direction as are just and appropriate. on application and notice. The jurisdiction assumed by a court. or (c) the person referred to in section 14 hereof. the Court of First Instance of any province in which he had estate. (b) before such person or officer as may be appointed by commission or under letters rogatory. in the original case. The court first taking cognizance of the settlement of the estate of a decedent. – In a foreign state or country.RULE 23 DEPOSITIONS PENDING ACTIONS SECTION 11. filed. whether a citizen or an alien. Commission or letters rogatory – A commission or letters rogatory shall be issued only when necessary or convenient. may be allowed. Effect of foreign judgments or final orders. . in the Court of First Instance in the province in which he resides at the time of his death. or letters of administration granted. SECTION 12. SATISFACTION AND EFFECT OF JUDGMENTS SECTION 48. or clear mistake of law or fact. according to the laws of such country. – The effect of a judgment or final order of a tribunal of a foreign country. shall exercise jurisdiction to the exclusion of all other courts. or consular agent of the Republic of the Philippines. the judgment or final order is conclusive upon the title to the thing. RULE 73 VENUE AND PROCESS SECTION 1. or of the location of his estate. and if he is an inhabitant of a foreign country. his will shall be proved. want of notice to the party. — Wills proved and allowed in a foreign country. vice-consul. or when the want of jurisdiction appears on the record. and recorded by the proper Court of First Instance in the Philippines. consul. RULE 77 ALLOWANCE OF WILL PROVED OUTSIDE OF PHILIPPINES AND ADMINISTRATION OF ESTATE THEREUNDER SECTION 1. depositions may be taken (a) on notice before a secretary of embassy or legation. RULE 39 EXECUTION. and his estate settled. consul general. Will proved outside Philippines may be allowed here.

Disputable presumptions. Where to institute proceedings. RULE 131 BURDEN OF PROOF AND PRESUMPTIONS SECTION 3. documents are either public or private. however. — Guardianship of a person or estate of a minor or incompetent may be instituted in the Court of First Instance of the province. that where the value of the property of such minor or incompetent exceeds that jurisdiction of the justice of the peace or municipal court. or records of the official acts of the sovereign authority. when admissible for any purpose. Public documents are: (a) The written official acts. — The following presumptions are satisfactory if uncontradicted. official bodies and tribunals. SECTION 24. Classes of Documents. and authenticated by the seal of his office. — The record of public documents referred to in paragraph (a) of Section 19. with a certificate that such officer has the custody. or in the municipal court chartered city where the minor or incompetent persons resides. or in the justice of the peace court of the municipality. consul. was acting in the lawful exercise of jurisdiction. RULE 132 PRESENTATION OF EVIDENCE SECTION 19. whether in the Philippines or elsewhere. the certificate may be made by a secretary of the embassy or legation. 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. or judge acting as such. and public officers. in the Court of First Instance of the province wherein his property or the party thereof is situated. if the record is not kept in the Philippines. consul general. (25a) . but may be contradicted and overcome by other evidence: (n) That a court. If the office in which the record is kept is in foreign country. or of a foreign country. or by his deputy. may be evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record. — For the purpose of their presentation evidence.RULE 92 VENUE SECTION 1. and if he resides in a foreign country. vice consul. and accompanied. whether of the Philippines. the proceedings shall be instituted in the Court of First Instance. provided. Proof of official record.