I.

RELATED LAWS

A. 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.

Rules on Dual citizenship. Dual citizenship arises when, as a result of the concurrent application
of the different laws of two or more states, a person is simultaneously considered a national by the said
states. For instance, such a situation may arise when a person whose parents are citizens of a state which
adheres to the principle of jus sanguinis is born in a state which follows the doctrine of jus soli. Such a
person, ipso facto and without any voluntary act on his part, is concurrently considered a citizen of both
states. 1 The Philippine law on citizenship adheres to the principle of jus sanguinis. Thereunder, a child
follows the nationality or citizenship of the parents regardless of the place of his or her birth, as opposed
to the doctrine of jus soli which determines nationality or citizenship on the basis of the place of birth 2,
like in England and the United States.3

Any question as to whether a person possesses the nationality of a particular State should be
determined in accordance with the law of that state. 4 Hence, from the point of view of the forum he is a
citizen only of the forum and the forum is not concerned if he has any other citizenship. 5

1
Rabuya, E.T. (2017). Civil Law Reviewer. (Volume II) Rex Book Store: Manila citing Mercado v. Manzano, 367 Phil. 132.
(1999)
2
Id. citing Valles v. Comelec, G.R. 137000, August 9,2000.
3
Id. see also Chong v. Secretary of Labor, G.R. 47616, September 16, 1947.
4
Rabuya, E.T. (2017). Civil Law Reviewer. (Volume II) Rex Book Store: Manila citing Art. 2 Hague Convention on Conflict of
nationality Laws, April 12, 1930.
5
Id.

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 I. RELATED LAWS

The problem of dual citizenship would arise only from the point of view of a third state. 6
However, within a third state, a person having more than one nationality shall be treated as if he had one. 7
The third state is required to apply the nationality of such person in which he is habitually and principally
a resident, or the nationality of the country with which in the circumstances he appears to be in fact
mostly connected. 8 This is the theory of effective nationality.9

B. Civil Code of the Philippines

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.

Article 14 of the Civil Code is also known as the “Rule of Generality” in Criminal Law.

As a rule, lex loci delicti or the law of the place where the crime was committed will govern. The
exceptions to this rule are the: (1) Theory of State Immunity; (2) French Rule; and the Extraterritoriality
Rule.

Theory of State Immunity. Crimes committed by heads of state/ state officials, diplomatic
representatives, and administrative officers attached to the diplomat or attaché and officials of recognized
international organizations.

French Rule. Crimes committed on board a foreign vessel even if within the territorial waters of
the coastal state, as long as the effect of such crime does not affect the peace and order of the coastal
state. This is based on the Nationality Theory.

The Philippines adopts the English Rule, which is pursuant to the Territorial Theory. The territory
where the crime was committed will have jurisdiction except on matters: (1) in relation to the internal
order and discipline of the vessel; and (2) solely affecting the ship and its occupants such as minor or
petty criminal offenses committed by members of the crew.

Extraterritoriality. Crimes punishable under the local law, although committed by Philippine
nationals abroad, pursuant to the protective principle of criminal jurisdiction (REVISED PENAL CODE,
Art. 2).

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.

Article 15 of the Civil Code provide for the Nationality Conflict Rule. It is also called the lex
nationali rule. While Art. 15 of the Civil Code applies only to Filipinos and is actually a one-sided rule,
the Supreme Court has given it a multi-lateral application when it held that foreigners, in their status and
legal capacities, are governed by their national laws. The nationality theory has been applied by the
Supreme Court even to persons who are citizens of countries following the domiciliary theory.

6
Id. citing Sempio-Dy, Handbook on Conflict of Laws, 2004 Ed., p.36.
7
Id. citing Art. 5, Hague Convention on Conflict of Nationality Laws, April 12, 1930.
8
Id.
9
Id. at Sempio-Diy, at p.36.

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 I. RELATED LAWS

Nationality Law Theory is a conflict of law theory by virtue of which jurisdiction over the
particular subject matter affecting a person such as status of a natural person, is determined by the latter’s
nationality.

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.

Art. 16 of the Civil Code mandates the application of lex situs or lex rei sitae to all properties,
whether real or personal, found and located here. Lex situs or lex rei sitae provides that real property as
well as personal property is subject to the law of the country where it is situated. I nternal law of the forum
(lex fori) shall be applied to Conflict of Laws cases when the local law expressly so provides, such as the
law governing the order and amount of successional rights, intrinsic validity of testamentary provisions,
and capacity to succeed.

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.

Article 17 provides that the extrinsic validity of contracts shall be governed by lex loci
celebrationis or lex loci contractus. Parties entering into a contract upon equal terms intend their
agreement to be binding under any law whose application the parties can reasonably be assumed to have
taken into account. Philippine courts may adopt this in interpreting Article 17 of the Civil Code, in cases
where execution cannot be localized due to multi-state contracts

The Philippines follows the imperative or compulsory rule which means that a marriage formally
valid where celebrated is valid elsewhere.

Marriage performed by a consular or diplomatic agent empowered by the sending state to

officiate marriage is valid in the receiving state, only if the latter has agreed to his acting in that capacity.

When the parties choose a place as the loci celebrationis of their marriage, they are considered to
have subjected all questions of form to the law of that place, and if valid there it should be considered
valid everywhere

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.

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 I. RELATED LAWS

Article 815 of the Civil Code only provides that if a Filipino who makes his will abroad, lex
nationalii or lex loci celebrationis shall be applied. Moreover, such will may be probated in the
Philippines.

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.

If the will was made by an alien abroad, he must comply with the formalities of the lex nationalii
or lex domicilii or Philippine law or lex loci celebrationis.

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.

Article 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.

If joint wills are made by Filipinos abroad, the same shall be considered void in the Philippines
even if they were valid in the place where they were executed.

Joint wills made by aliens abroad shall be considered valid in the Philippines if valid according to
the lex nationalii or lex domicilii or lex loci celebrationis.

Joint wills made by aliens in the Philippines, even if valid in accordance with their national law,
will not be countenanced in the Philippines because otherwise our public policy may be militated against.

Article 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.

Article 829 makes revocation done outside the Philippines valid according the law of the place
where will was made or lex domicilii.

Revocation of a will of personalty is generally determined by the whole law of the domicile of the
testator at the time of his death. The lex situs governs the grounds of revocation of real property. A
problem arises where a testator revokes his will in the state where he is domiciled and then changes his
domicile to another state where he dies. If the revocation of his will was valid by the laws of the state
where he revoked it but invalid by the laws of the state of domicile at the time of his death, which law
will control? Under Philippine conflicts rule, the law of the place of revocation controls the situation.
Under common law, the law of the domicile at the time of the testator’s death controls and not the law of
the place of revocation.

Article 1039. Capacity to succeed is governed by the law of the nation of the decedent.

Lex nationalii of the deceased, and not that of the heir, shall govern. Persons not incapacitated by
law may succeed, be it by will or by intestacy. In order to be capacitated to inherit, paragraph 1 of Article

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 I. RELATED LAWS

1025 of the Civil Code provides that the heir, devisee or legatee must be living at the moment the
succession opens, except in case of representation, when it is proper. However, a child already conceived
at the time of the death of the decedent is capable of succeeding provided it be born later under the
conditions prescribed in Article 41.

The national law of the decedent governs such questions as to whether a given person is
unworthy to succeed on the ground of certain crimes committed by him against the deceased, whether a
corporation or an unborn child can acquire property by succession, and whether an heir can validly
renounce his rights to succession by a solemn agreement of renunciation executed between the heir and
the deceased during the latter’s lifetime.

Article 1306. The contracting parties may establish such stipulations, clauses, terms and conditions
as they may deem convenient, provided they are not contrary to law, morals, good customs, public
order, or public policy.

Counter-balancing the principle of autonomy of contracting parties is the equally general rule that
provisions of applicable law, especially provisions relating to matters affected with public policy, are
deemed written into the contract. The governing principle is that parties may not contract away applicable
provisions of law especially peremptory provisions dealing with matters heavily impressed with public
interest. The law relating to labor and employment is clearly such an area and parties are not at liberty to
insulate themselves and their relationships from the impact of labor laws and regulations by simply
contracting with each other.

Even if there is a choice of law stipulated in the contract, the law of the place of performance will
always find applicability to ensure that local laws thereof are not violated or public policy infringed by
the execution of the contract.

Generally, in a conflict-of-laws situation, a court must determine at the outset the nature of the
problem presented to it for solution, specifically, if it relates to torts, contracts, property, or some other
field, or to a matter of substance or procedure.

Article 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.

A contract entered into by the parties in two different countries by cablegram, telex or fax is
presumed to have been entered in the place where the offer was made. The contract in such case is
presumed to have been entered into the place where the offer was made.

Article 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.

Liability for loss, destruction, or deterioration of goods in transitu shall be governed by the law of
the destination.

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 I. RELATED LAWS

Where the owner’s creditor seizes the goods in transit, the result is that the transport is
discontinued and a temporary resting place is thereby created. The law of this place will depend on
whether the seizure was lawful or whether he has acquired a lien, pledge, privilege, or a similar right or
what pertains to that right.

Questions arising from transactions involving movables in transit may be resolved by law of any
place having substantial connection with the transaction which will uphold its validity. The owner is thus
permitted to choose between several legal systems: (1) law of the temporary resting place (e.g., interim
port); (2) lex loci actus; (3) law of the place of destination; or (4) law of the last real situs of goods.

C. Corporation Law

Section 123. Definition and rights of foreign corporations. – For the purposes of this Code, a foreign
corporation is one formed, 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. 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.

Section 129. Law applicable. – Any foreign corporation lawfully doing business in the Philippines
shall be bound by all laws, rules and regulations applicable to domestic corporations of the same
class, except such only as provide for the creation, formation, organization or dissolution of
corporations or those which fix the relations, liabilities, responsibilities, or duties of stockholders,
members, or officers of corporations to each other or to the corporation.

The prevailing rule is that with the consent of a state, a foreign corporation shall be recognized
and will be allowed to transact business in any state which gives its consent.

The “Place of Incorporation Test” means that a corporation is a national of the country under
whose laws it has been organized and registered. This is specifically embodied in Sec. 123 of the
Corporation Code.

A cursory look at Section 123 of the Corporation Code reveals that the right given to a foreign
corporation is the “right to transact business in the Philippines.” The Supreme Court has occasion to note
that “there is no exact rule or governing principle as to what constitutes "doing" or "engaging" or
"transacting" business.”443 Consequently, “each case must be judged in the light of its peculiar
environmental circumstances.”

If a foreign corporation is deemed to be doing business in the Philippines, then it must obtain a
license for the Securities and Exchange Commission (SEC) in order that it may legally transact business
in the Philippines. Without such license, such foreign corporation may not sue but can be sued in
Philippine courts.

Section 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.

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 I. RELATED LAWS

The right of a private corporation to bring suit in the forum and its amenability to court processes
and suits against it, are governed by the lex fori. From the theoretical viewpoint, the country like ours
may completely prohibit a foreign corporation from transacting business in the Philippines; we may even
prohibit it from filing suit here.

Acquisition by a foreign corporation of a license to transact business in the Philippines is an

essential prerequisite for filing a suit of the corporation before our courts. The foreign corporation which
does business in the Philippines without a license has no right to sue in the Philippines, but it can still be
sued.

The contracts entered into are valid as between the parties, but they may not be enforced in the
Philippine courts.

D. Family Code

Article 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.

Conflict Rules on Status and Capacity (Personal Law). An individual’s personal law is the law
which defines his status and capacity. There are three theories on what the personal law should be – (1)
Nationality theory which is also known as personal theory, by virtue of which the status and capacity of
an individual are generally governed by the law of his nationality. (2) Domiciliary theory which is also
known as the territorial theory, which regards the law of the domicile as the proper determinative law on
status and capacity; (3) Situs theory – also known as the eclectic theory, which states that the particular
place or situs of an event or transaction is determinative of the controlling law. The theory followed in the
Philippines adheres to the nationality theory, found in Article 15 of the Civil Code. 10

Article 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. 

Consular Officials. The duties of the local civil registrar and the solemnizing officer are
performed by the consular-general, consul, or vice consul of the Republic of the Philippines abroad.
Hence, he or she issues the marriage license and likewise solemnizes the marriage of the contracting
parties, which must be both Filipinos. The marriage ceremony shall be in accordance with the laws of the
Philippines because Article 17 of the Civil Code pertinently provides that when the contracts, among
others, 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. 11

10
Rabuya, E.T. (2017). Civil Law Reviewer. (Volume II) Rex Book Store: Manila
11
Sta. Maria, M. (2015.).Persons and Familly Relations Law. Rex Book Store: Manila

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 I. RELATED LAWS

Article 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. 

Validity of decree of divorces obtained abroad. Philippine law does not provide for absolute
divorce; hence, our courts cannot grant it. 12 A marriage between two Filipinos cannot be dissolved even
by a divorce obtained abroad, because of Articles 15 and 17 of the Civil Code; 13 the same being contrary
to our concept of public policy and morality. 14 But owing to the nationality principle embodied in Article
15 of the Civil Code, only Philippine nationals are covered by the policy against absolute divorces. 15
Hence, aliens may obtain divorces abroad, which may be recognized in the Philippines, provided, they are
valid according to their national law.16

In mixed marriages involving a Filipino and a foreigner, Article 26 of the Family Code allows the
former to contract a subsequent marriage in case the divorce is “validly obtained abroad by the alien
spouse capacitating him or her to remarry.”17 In determining the applicability of this provision, the
reckoning point is not the citizenship of the parties at the time of the celebration of the marriage, but their
citizenship at the time a valid divorce is obtained abroad by the alien spouse capacitating him or her to
remarry.18

Article 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.

Article 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 Executive Order 227)

Article 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
12
Id citing, Garcia v. Recio, 366 SCRA 437 (2001).
13
Id.
14
Id.citing Van Dorn v. Romillo Jr, Jr., 139 SCRA 139 (1985).
15
Id. See also Llorente v. CA, G.R. 124371, November 23, 2000
16
Id.
17
Id. at 1, citing Garcia v. Recio, supra.
18
Id. at 1, citing Republic v. Orbecido III, 472 SCRA 114 (2005)

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 I. RELATED LAWS

2) Between brothers and sisters, whether of the full or half blood.

Article 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.

On capacity to contract marriage: Articles 35, 37, 38 of the Family Code; and the requirement
for foreigners to show capacity under Article 21. The legal capacity to contract marriage is determined by
the national law of the party concerned. 19 For citizens of the Philippines to be legally capacitated to
contract a marriage, the parties must be a man and a woman of the age of eighteen years or upwards and
not under the any of the impediments mentioned in Articles 37 and 38 of the Family Code. 20 Thus, any
marriage of the citizens of the Philippines involving a party below 18 years of age is void 21 in view of the
absence of legal capacity to contract marriage. For foreigners contracting marriages in the Philippines,
our law requires them to submit a certificate of legal capacity to contract marriage, issued by their
respective diplomatic or consular officials, before they can be issued a marriage license. 22

Article 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.

Rules governing Property Relations under Article 80. Under Philippine laws, the property
relations of spouses can be governed by the will of the parties provided their agreement will not be
contrary to law or public policy and it should be within the limits provided in the Family Code. If the
contracting parties are Filipinos, their property relations will be governed by Philippine laws in the
absence of any agreement to the contrary. This rule applies even if they are married abroad or even if they
reside abroad. 23

19
Garcia v. Recio, supra
20
Article 5, Family Code
21
Rabuya, E.T. (2017) Civil Law Reviewer Volume II,citing Article 35, (1) FC
22
Id. citing Article 21, FC
23
Sta. Maria, M. (2015.).Persons and Familly Relations Law. Rex Book Store: Manila

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 I. RELATED LAWS

However, under Article 16 of the Civil Code, real property as well as personal property shall
always be subject to the law of the country where it is situated. In case where a contract is entered into
involving properties abroad, the extrinsic validity of such contract, whether executed here or abroad, will
not be governed by Philippine laws. If the contract were executed here, the laws of the country where the
property is located may govern the extrinsic validity of the contract. 24

The rule set forth in the first paragraph of Article 80 is not applicable where both spouses are
aliens married in the Philippines25

E. Revised Penal Code

Article 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 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.

Territoriality Principle and Extra-territoriality Principle under Article 2 of the RPC. Article 2
emphasizes (1) the territorial character of the Revised Penal Code by providing that “the provisions of
this Code shall be enforced in the Philippine Archipelago, its atmosphere, interior waters, and maritime
zone” and (2) the specific instances where the Code may be enforced even on crimes committed outside
the Philippine territorial jurisdiction by providing that this Code may also apply to the five kinds of
crimes enumerated in paragraphs 1 to 5 thereof, although committed outside the Philippine territorial
jurisdiction. The territorial and extra-territorial application of the Code is subject to treaties and laws of
preferential application. 26

The territoriality principle and extra-territoriality principle in Article 2 of the Revised Penal Code
are applicable even if the crime is punishable under special laws. Thus, the principle of extraterritoriality
is applicable to piracy under P.D. No. 532, or plunder under R.A. 7080. 27

24
Id.
25
Id.
26
Amurao, Jr., M.P. .(2013.) Commentaries on Criminal Law, Revised Penal Code Book One. Central Book Supply Inc.,
Quezon City.
27
Campanilla, Judge M.B., (2019.). Criminal Law Reviewer Volume I. Rex Book Store: Manila.

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 I. RELATED LAWS

Reasons behind the Extraterritoriality Rules under Article 2, RPC. The underlying reasons
behind the extraterritoriality rules are as follows: (1) under the flag state rule, a vessel registered in the
Philippines is considered an extension of the Philippines; (2) the protective interest principle involving
forgery and crimes against national security seeks to protect the financial stability and existence of the
State; (3) the extraterritoriality principle involving function-related crimes committed by a public officer
is designated to implement the constitutional mandate on public accountability; and (4) the universality
principle involving piracy and mutiny protects vessels while travelling on high seas, which is important to
trade and commerce.28

F. Rules of Court

There are certain provisions under the Rules of Court which apply to local litigation dealing with
foreign elements. These include provisions found in rules for civil procedure, special proceedings, and
evidence.

Civil Procedure

In case of personal actions, under Rule 4, section 2 of the Revised Rules of Court (RRC), the
venue is where the plaintiff or any of the principal plaintiffs resides, or where the non-resident defendant
may be found, at the election of the plaintiff, if the defendant is a non-resident. For example, if an
American tourist staying at a hotel in Manila is sued for damages by a store owner in Quezon City,
Manila is a possible venue as it is where the tourist may be found. Quezon City may also be the venue as
this is where the owner of the store resides. This would be at the election of the plaintiff.

If a judgment or decision of a foreign court is to be pleaded, it is sufficient to aver the judgment

or decision without setting forth the matters showing jurisdiction to render it. This shall be evidenced by
attaching an authenticated copy of the judgment or decision to the pleading, in accordance with Rule,
Section 6 of the RRC.

With respect to the filing of an Answer of a foreign private juridical entity where the service of
summons is made on the government official designated by law to receive the same, as provided by Rule
11, section 2 of the RCC, such foreign private juridical entity is given 60 calendar days after it received
the summons to file such Answer.

The Rules also provide for several ways to serve summons to a foreign private juridical entity.
Under Rule 14, section 14 of the RCC, if a defendant is a foreign private juridical entity which has
transacted or is doing business in the Philippines, service may be made on its resident against, or if there
is no agent, on the government official designated by law to that effect or any of it officers or agents,
directors or trustees within the Philippines.

If, however, such foreign private juridical entity is not registered in the Philippines or has not
resident agent, but has transacted or is doing business in the Philippine, service may be made, with leave
of court, outside of the Philippines by personal service though the appropriate court in the foreign country
with the assistance of the department of foreign affairs, by publication in a newspaper of general
circulation in the country where the defendant may be found and serving a copy of the summons and
court order by registered mail at the last known address of the defendant, by facsimile, by electronic
means, or by such other means as the court may direct.

28
Id.

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 I. RELATED LAWS

If the whereabouts of the foreign private juridical entity are unknown and cannot be ascertained
by diligent inquiry, service may be effected , with leave of court, by publication in a newspaper of general
circulation and in such places and for such time as the court may order, in accordance with Rule 14,
section 16 of the RCC.

Moreover, under section 17 of the same rule, extraterritorial service may be made if 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, personal service may be made as provided by the Rules of Court or as provided for
in international conventions to which the Philippines is a party, or by publication in a newspaper of
general circulation in such places and for such time as the court may order.

In case the defendant is a resident who is temporarily out of the Philippines, under section 18 of
the rule, service may be made with leave of court through personal service as provided for in the rules of
court, as provided for in international conventions wherein the Philippines is a party, or by publication.

In the event that depositions need to be taken, under Rule 23, section 11 and 12 of the RCC, if the
defendant is in a foreign country, their depositions may be taken in such foreign country (a) on notice
before a secretary of embassy or legation, consul general, consul, vice-consul, or consular agent of the
Republic of the Philippines, (b) before such person or officer as may be appointed by commission or
under letters rogatory; or (c) any person authorized to administer oaths. Such letters rogatory are issued
only when necessary or convenient, on application and notice, and with such directions that are just and
appropriate.

Under Rule 39, section 48 of the RCC, in case of a foreign judgment or final order upon a
specific thing, the same shall be conclusive upon the title to the thing. If it is against a person, such
foreign 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, such judgment or final order may be repealed by evidence of
want of jurisdiction, want of notice to the party, collusion, fraud, or clear mistake of law or fact.

Special Proceedings

As to where to institute Guardianship proceedings, under Rule 92, section 1 of the RCC, the
guardianship of the person or estate of a minor or incompetent may be instituted in the Regional Trial
Court of the province wherein his property or part thereof is situated if such person, minor or incompetent
resides in a foreign country.

Rules on Evidence

With respect to the rules on evidence, in case of a foreign judgment, there is a presumption that a
court or judge acting as such was acting in the lawful exercise of jurisdiction. However, this presumption
may be contradicted and overcome by other evidence, as provided by Rule 121, section 3(n) of the RCC.

Under Rule 132 of the RCC, the written official acts, or records of the sovereign authority,
official bodies and tribunals, and public officers of a foreign country shall be considered as public
documents. Documents that are considered public documents under treaties and conventions which are in
force between the Philippines and the country of source are also treated as public documents in this

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 I. RELATED LAWS

jurisdiction. This may be evidenced by an official publication thereof or by a copy attested by the officer
having the legal custody of the record, or by his deputy, and accompanied with a certificate that such
officer has the custody if such record is not kept in the Philippines.

If the office in which the record is kept is a foreign country that is a contracting party to a treaty
or convention to which the Philippines is a party, the certificate or its equivalent shall be in the form
prescribed in such treaty. If the document originates from a foreign country which is not a contracting
party to treaty or convention, the certificate may be made by a secretary of the embassy or legation,
consul general, consul, vice-consul, 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. Such document that is
accompanied by a certificate may be presented in evidence without further proof. This evidence is not
required when a treaty or convention between a foreign country and the Philippines has abolished the
requirement or has exempted the document itself. Whoever a copy of a document or record is attested for
the purpose of evidence, the attestation must state, that the copy is a correct copy of the original. It must
be under the official seal of the attesting officer.

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