Article IV, 1987 Constitution Art. 16.
Real property as well as personal property is subject
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 (1) born before January 17, 1973, (2) of
Filipino mothers, (3) 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 (1) are citizens
of the Philippines from birth (2) 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.
Article V, 1987 Constitution
Section 1. Suffrage may be exercised by all citizens of the
Philippines:
o not otherwise disqualified by law,
o who are at least eighteen years of age and
o who shall have resided in:
o the Philippines for at least one year and
o 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.
Article 14 - 17, Civil Code
Art. 14. (1) Penal laws and (2) those of public security and
safety shall be obligatory upon all who live or sojourn in
Philippine territory, subject to the principles of public
international law and to treaty stipulations.
Art. 15. Laws relating to (1) family rights and duties, or to (2)
the status, condition and legal capacity (SCL) of persons are
binding upon citizens of the Philippines, even though living
abroad.
to the law of the country where it is situated.
However, intestate and testamentary successions, both with
respect to the (1) order of succession and to the (2) amount of
successional rights and (3) 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 (1) nature of the property and regardless
of the (2) country wherein said property may be found.
Art. 17. The forms and solemnities of (1) contracts, (2) wills,
and (3) 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.
(A) Prohibitive laws concerning (1) persons, (2) their acts or
(3) property, and (B) those which have for their OBJECT:
public order, public policy and good customs shall NOT be
rendered ineffective by (1) laws or (2) judgments
promulgated, or (3) by determination or (4) conventions
agreed upon in a foreign country.
Article 815 - 819, Civil Code
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:
o with the formalities prescribed by the law of the
place in which HE resides, or
o according to the formalities observed in HIS country,
or
o in conformity with those which the Code prescribes.
Art. 817. A will made in the Philippines by a citizen or subject
of another country, which is:
o executed in accordance with the law of the country
of which he is a citizen or subject, AND
o 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. (XPN: Art. 819)
Art. 818. Two or more persons cannot make a will jointly, or in
the same instrument, either for (1) their reciprocal benefit or
(2) for the benefit of a third person.
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.
Article 829, Civil Code
Art. 829. A revocation [of a will] done outside the Philippines,
by a person who does not have his domicile in this country, is
VALID when it is done:
o according to the law of the place where the will was
made, or
o according to the law of the place in which the
testator had his domicile at the time; and
o if the revocation takes place in his country, when it
is in accordance with the provisions of this Code.
Article 1039, Civil Code
Art. 1039. Capacity to succeed is governed by the law of the
nation of the DECEDENT.
Article 1319, Civil Code
Art. 1319. Consent is manifested by the meeting of the offer
and acceptance upon the thing and the cause which are to
constitute the contract. The (1) offer must be certain and the
(2) acceptance absolute. A qualified acceptance constitutes a
counter-offer.
Acceptance made by letter or telegram does NOT bind the
offeror 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.
Article 1753, Civil Code
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.
Article 10, Family Code
Art. 10. Marriages between Filipino citizens abroad may be
solemnized by a (1) consul-general, (2) consul or (3) vice-
consul of the Republic of the Philippines.
The (1) issuance of the marriage license and (2) the duties of
the (a) local civil registrar and (b) of the solemnizing officer
with regard to the celebration of marriage shall be performed
by said consular official.
Article 21, Family Code
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.
(1) Stateless persons or (2) refugees from other countries
shall, in lieu of the certificate of legal capacity herein
required, submit an affidavit stating that circumstances
showing such capacity to contract marriage.
Article 26, Family Code
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), 36, 37 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 likewise have capacity to
remarry under Philippine law. (As amended by E.O. 227)
Article 35 - 38, Family Code
Art. 35. The following marriages shall be void from the
beginning: (18-LAMBS)
(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 (1) either or (2) both
parties believing in good faith that the solemnizing
officer had the legal authority to do so;
(3) Those solemnized without a license, except those
covered by the preceding Chapter;
(4) Those bigamous or polygamous marriages not falling
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.
Art. 36. A marriage contracted by any party who, 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 E.O.
227)
Art. 37. Marriages between the following are incestuous and
void from the beginning, whether the 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: (CSI-AAAAA-K)
 (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 the adopted children of the same adopter;
and
(9) Between parties where one, with the intention to
marry the other, killed that (1) other person’s spouse
or (2) his or her own spouse.
Article 80, Family Code
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.
Article 96, Family Code
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 court by the wife for a proper
remedy, which must be availed of within five years from the
date of the CONTRACT implementing such decision (of the
husband).
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 the powers of (1) disposition or
(2) encumbrance WITHOUT the authority of (1) the court or
(2) 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 (1) other spouse OR (2) authorization by
the court before the offer is withdrawn by either or both
offerors.
Article 184, Family Code
Art. 184. The following persons may NOT adopt: (GAC)
(1) The guardian with respect to the ward prior to the
approval of the final accounts rendered upon the
termination of the 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 (the Fil.
Spouse).
Aliens not included in the foregoing exceptions may adopt
Filipino children in accordance with the rules on inter-country
adoption as may be provided by law. (28a, EO 91 and PD 603).
Article 187, Family Code
Art. 187. The following may not be ADOPTED: (LAA)
(1) A person of legal age, unless: (NSC)
a. he or she is a child by nature of the adopter
or
b. his or her spouse, or,
c. prior to the adoption, said person had 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, EO91 and PD 603)
Article 2, Revised Penal Code
Art. 2. Application of its provisions. - Except as provided in the
(1) treaties and (2) laws of preferential application, the
provisions of this Code shall be enforce not only within the
Philippine Archipelago, including its atmosphere, its interior
waters and maritime zone, but also outside of its jurisdiction,
AGAINST those who: (S-FI-PN)
 1. Should commit an offense while on a Philippine ship
or airship;
2. Should forge or counterfeit any (1) coin or currency
note of the Philippine Islands or (2) 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 preceding 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.
Section 133, Corporation Code
Sec. 133. Doing business without a license. - No (1) foreign
corporation transacting business in the Philippines without a
license or (2) its successors or assigns, shall be permitted to
MAINTAIN or INTERVENE in any action, suit or proceeding in
any (1) court or (2) 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)
Rule 14, Rules of Court
RULE 14
Summons
SECTION 1. Clerk to Issue Summons. — Upon the (1)
filing of the complaint and (2) the payment of the requisite
legal fees, the clerk of  court shall forthwith issue the
corresponding summons to the defendants.
SECTION 2. Contents. — The summons shall be (1) directed
to the defendant, (2) signed by the clerk of court under
seal, (3) 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,
(1) plaintiff will take judgment by default and (2)
may be granted the relief applied for.
A copy of (1) the complaint and (2) order for
appointment of guardian ad litem, if any, shall be
ATTACHED to (1) the original and (2) each copy of the
summons.
SECTION 3. By Whom Served. — The summons may be
served BY the (1) sheriff, (2) his deputy, or (3) other
proper court officer, or (4) for justifiable reasons by any
suitable person authorized by the court issuing the
summons.
SECTION 4. Return. — When the service has been
completed, the server shall, within five (5) days therefrom:
o serve a copy of the return, personally or by
registered mail, to the plaintiff's counsel, and
o shall return the summons to the clerk who issued
it, accompanied by proof of service. (See Sec. 18
for proof of service requirements)
SECTION 5. Issuance  of Alias Summons. — If a summons is
returned without being served on any or all  of the
defendants, the server shall also:
o serve a copy of the return on the plaintiff's counsel
o stating the reasons for the failure of service,
o within five (5) days therefrom.
o (1) In such a case, or (2) if the summons
has been lost, the clerk, on demand of the
plaintiff, may issue an alias summons.
SECTION 6. Service in Person on Defendant. — Whenever
practicable, the summons shall be served by handing a copy
thereof to the defendant in person, or, if he refuses to
receive and sign for it, by tendering it to him. (7a)
SECTION 7. Substituted Service. — If, for justifiable causes,
the defendant cannot be served within a reasonable time
as provided in the preceding section (on personal service),
service may be effected:
a. by leaving copies of the summons at the
defendant's residence with some person of:
(a) suitable age and discretion
(b) 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.
SECTION 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:
o any one of them, or
o 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.
SECTION 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. (12a)
SECTION 10. Service Upon Minors and Incompetents. —  has or claims a lien or interest,
When the defendant is a (1) minor, (2) insane or (3) actual or contingent, or
otherwise an incompetent, service shall be made upon him  in which the relief demanded
personally AND on his legal guardian if he has one, or if consists, wholly or in part, in
none, upon his guardian ad litem whose appointment shall excluding the defendant from
be applied for by the plaintiff. any interest therein,
o or the property of the defendant has been
In the case of a minor, service may ALSO be made on his attached within the Philippines,
father or mother. o service may, by leave of court, be effected
OUT of the Philippines by:
SECTION 11. Service Upon Domestic Private Juridical Entity. o personal service as under Section 6; OR
— When the defendant is a corporation, partnership or o by publication in a newspaper of general
association organized under the laws of the Philippines with circulation in such places and for such time
a juridical personality, service may be made on the as the court may order
president, managing partner, general manager, corporate  in which case a (1) copy of the
secretary, treasurer, or in-house counsel. (P-MM-SCC) summons and (2)
order of the court shall be sent
SECTION 12.  Service Upon Foreign Private Juridical Entity. — by registered mail to the last
When the defendant is a foreign private juridical entity known address of the defendant,
which has transacted business in the Philippines, service OR
may be made on:  in any other manner
o its resident agent designated in accordance with the court may deem sufficient.
law for that purpose, or, o Any order granting such leave shall specify
o if there be no such agent , on the government a reasonable time, which shall not be less
official designated by law to that effect, or than sixty (60) days after notice, within
o on any of its officers or agents within the which the defendant must answer.
Philippines.
SECTION 16. Residents Temporarily Out  of the Philippines.
SECTION 13. Service Upon Public Corporations. — When the
— When any action is commenced against a defendant who
defendant is the Republic of the Philippines, service may be
ordinarily resides within the Philippines, but who is
effected on the Solicitor General;
temporarily out of it, service may, by leave of court, be also
effected out of the Philippines, as under the preceding
in case of a province, city or municipality, or like public
section.
corporations, service may be effected on its:
o executive head, or SECTION 17. Leave  of Court. — Any application to
o on such other officer or officers as the law or the court under this Rule for leave to effect service in any
the court may direct. manner for which leave of court is necessary shall be made:
SECTION 14. Service Upon Defendant Whose Identity or o by motion in writing,
Whereabouts are Unknown. — In any action where the o supported by affidavit:
defendant is designated as (1) an unknown owner, or (2) o of the (1) plaintiff or (2) some person on
the like, or (3) whenever his whereabouts are unknown his behalf,
AND cannot be ascertained by diligent inquiry, service may, o setting forth the grounds for the
by: application.
o leave of court, SECTION 18. Proof of  Service. — The proof of service of a
o be effected upon him by publication in a summons shall be:
newspaper of general circulation and
o made in writing by the server and
o in such places and for such time as the court may
o shall set forth the manner, place, and
order.
date of service;
SECTION 15. Extraterritorial Service. — When the defendant: o shall specify:
o does not reside AND o any papers which have been served with
o is not found in the Philippines, and the process and
o the action affects: o the name of the person who received the
o the personal status of the plaintiff or same; and
o relates to, or the subject of which is, o shall be sworn to when made by a person other
property within the Philippines, in which than a sheriff or his deputy.
the defendant:
SECTION 19. Proof of  Service by Publication. — If the service Sec. 25. What attestation of copy must state. -
has been made by publication, service may be proved by: Whenever a copy of a (1) document or (2) record is
attested for the purpose of the evidence, the
o the affidavit of the (1) printer, (2) his foreman or
attestation must state, in substance, that the (1) copy
principal clerk, OR of (3) the editor, (4) business or
is a correct copy of the original, or a specific part
advertising manager,
thereof, as the case may be.
o to which affidavit a copy of the publication shall be
attached, AND The attestation must be (2) under the official seal of
o by an affidavit the attesting officer, if there be any, OR if he be the
o showing the deposit of a copy of the (1) clerk of a court having a seal, under the seal of such
summons and (2) order for publication in court.
the post office,
o postage prepaid,
o directed to the defendant
o by registered mail to his last known
address.
SECTION 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.

Section 48, Rule 39, Rules of Court

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: (JN-CFM)
o want of jurisdiction,
o want of notice to the party,
o collusion,
o fraud, or
o clear mistake of law or fact.

Section 3, Rule 131, Revised Rules on Evidence

SECTION 3. Disputable presumptions. — The following

presumptions are satisfactory if uncontradicted, but may be
contradicted and overcome by other evidence:
n. That a court, or judge acting as such, whether in
the Philippines or elsewhere, was acting in the
lawful exercise of jurisdiction;

Section 25, Rule 132, Revised Rules on Evidence