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CONFLICTS OF LAW ARTICLE 15. Laws relating to family rights and
I. ASSIGNMENT
Article IV Section 1-5 Philippine
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.
Articles 14-17 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 Philippine territory,
subject to the principles of public international
law and to treaty stipulations. (8a)
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 situated.
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.
Articles 815-819 Civil Code of the
Philippines
ARTICLE 815. When a Filipino is in a foreign
country, he is authorized to make a will in any
of the forms established by the law of the
country in which he may be. Such will may be
probated in the Philippines. (n)
ARTICLE 816. The will of an alien who is
abroad produces effect in the Philippines if
made with the formalities prescribed by the
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law of the place in which he resides, or
according to the formalities observed in his
country, or in conformity with those which this
Code prescribes. (n)
ARTICLE 817. A will made in the Philippines
by a citizen or subject of another country,
which is executed in accordance with the law
of the country of which he is a citizen or
subject, and 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. (n)
ARTICLE 818. Two or more persons cannot
make a will jointly, or in the same instrument,
either for their reciprocal benefit or for the
benefit of a third person. (669)
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.
Articles 829, 1039, 1306, 1319 and
1753 Civil Code of the Philippines
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 1039. Capacity to succeed is
governed by the law of the nation of the
decedent.
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.
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
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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.
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.
Sections 140, 146, 150 of the Revised
Corporation Code
Section 140. Definition of Righs of Foreign
Corporations. - For purposes of this Code, a
foreign corporation is one formed, organized
or existing under 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
obtaining a license for that purpose in
accordance with this Code and certificate of
authority from the appropriate government
agency.
Section 146. Law Applicable. - A 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 those
which 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.
Section 150. Doing Business Without a
License. - No foreign corporation transacting
business in the Philippines without a license,
or its successor 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 the Philippin courts or
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administrative tribunals on any valid cause of
action recognized under Philippine laws.
Articles 10, 21, 26, 35, 36, 37, 38, and
80 of the Family Code of the Philippines
Art. 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.
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.
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.
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), 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. (As
amended by Executive Order 227)
Art. 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;
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(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.
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 Executive
Order 227)
Art. 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
(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:
(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;
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(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.
(82)
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 2 of the 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
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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;
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
Rule 4 Section 2 Rules of Court
Section 2. Venue of personal actions. — All
other actions may be commenced and tried
where the plaintiff or any of the principal
plaintiffs resides, or where the defendant or
any of the principal defendants resides, or in
the case of a non-resident defendant where
he may be found, at the election of the
plaintiff.
Rule 8 Section 6 2019 Proposed
Amendments to the 1997 Rules of Civil
Procedure, A.M. No. 19-10-20-SC
Section 6. Judgment. — In pleading a
judgment or decision of a domestic or foreign
court, judicial or quasi-judicial tribunal, or of
a board or officer, it is sufficient to aver the
judgment or decision without setting forth
matter showing jurisdiction to render it. An
authenticated copy of the judgment or
decision shall be attached to the pleading.
Rule 14 Sections 14, 15, 16, 17, 18,
2019 Proposed Amendments to the
1997 Rules of Civil Procedure, A.M. No.
19-10-20-SC
Section 14. Service upon foreign private
juridical entities. — When the defendant is a
foreign private juridical entity which has
transacted or is doing business in the
Philippines, as defined by law, service may be
made on its resident agent designated in
accordance with law for that purpose, or, if
there be no such agent, on the government
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official designated by law to that effect, or on
any of its officers, agents, directors or
trustees within the Philippines. If the foreign
private juridical entity is not registered in the
Philippines, or has no resident agent but has
transacted or is doing business in it, as
defined by law, such service may, with leave
of court, be effected outside of the Philippines
through any of the following means:
(a)By personal service coursed through the
appropriate court in the foreign country with
the assistance of the department of foreign
affairs;
(b)By publication once in a newspaper of
general circulation in the country where the
defendant may be found and by serving a
copy of the summons and the court order by
registered mail at the last known address of
the defendant;
(c)By facsimile;
(d)By electronic means with the prescribed
proof of service; or
(e)By such other means as the court, in its
discretion, may direct.
Section 15. Service upon public corporations.
— When the defendant is the Republic of the
Philippines, service may be effected on the
Solicitor General; in case of a province, city or
municipality, or like public corporations,
service may be effected on its executive head,
or on such other officer or officers as the law
or the court may direct.
Section 16. Service upon defendant whose
identity or whereabouts are unknown. — In
any action where the defendant is designated
as an unknown owner, or the like, or
whenever his or her whereabouts are
unknown and cannot be ascertained by
diligent inquiry, within ninety (90) calendar
days from the commencement of the action,
service may, by leave of court, be effected
upon him or her by publication in a
newspaper of general circulation and in such
places and for such time as the court may
order. Any order granting such leave shall
specify a reasonable time, which shall not be
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less than sixty (60) calendar days after
notice, within which the defendant must
answer. (14a)
Section 17. Extraterritorial service. — When
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, service may, by leave of court, be
effected out of the Philippines by personal
service as under Section 6; 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 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, or in any other manner the
court may deem sufficient. Any order granting
such leave shall specify a reasonable time,
which shall not be less than sixty (60)
calendar days after notice, within which the
defendant must answer. (15a)
Section 18. Residents temporarily out of the
Philippines. — When any action is commenced
against a defendant who ordinarily resides
within the Philippines, but who is temporarily
out of it, service may, by leave of court, be
also effected out of the Philippines, as under
the preceding Section.
Rule 14 Sections 11 & 12, 2019
Proposed Amendments to the 1997
Rules of Civil Procedure, A.M. No. 19-10-
20-SC
Section 11. Service upon spouses. — When
spouses are sued jointly, service of summons
should be made to each spouse individually.
(n)
Section 12. Service upon domestic private
juridical entity. — When the defendant is a
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corporation, partnership or association or proceeding, except in an appeal from that
organized under the laws of the Philippines court, in the original case, or when the want
with a juridical personality, service may be of jurisdiction appears on the record.
made on the president, managing partner,
Rule 77 Section 1 Rules of Court
general manager, corporate secretary,
treasurer, or in-house counsel of the Section 1. Will proved outside Philippines
corporation wherever they may be found, or may be allowed here. — Wills proved and
in their absence or unavailability, on their allowed in a foreign country, according to the
secretaries. laws of such country, may be allowed, filed,
and recorded by the proper Court of First
Rule 39 Section 48 Rules of Court
Instance in the Philippines.
Section 48. Effect of foreign judgments or
Rule 92 Section 1 of the Rules of Court
final orders. — The effect of a judgment or
final order of a tribunal of a foreign country, Section 1. Where to institute proceedings. —
having jurisdiction to render the judgment or Guardianship of a person or estate of a minor
final order is as follows: or incompetent may be instituted in the Court
of First Instance of the province, or in the
(a) In case of a judgment or final order upon
justice of the peace court of the municipality,
a specific thing, the judgment or final order,
or in the municipal court chartered city where
is conclusive upon the title to the thing, and
the minor or incompetent persons resides,
(b) In case of a judgment or final order and if he resides in a foreign country, in the
against a person, the judgment or final order Court of First Instance of the province wherein
is presumptive evidence of a right as between his property or the party thereof is
the parties and their successors in interest by situated; provided, however, that where the
a subsequent title. value of the property of such minor or
incompetent exceeds that jurisdiction of the
In either case, the judgment or final order
justice of the peace or municipal court, the
may be repelled by evidence of a want of
proceedings shall be instituted in the Court of
jurisdiction, want of notice to the party,
First Instance.
collusion, fraud, or clear mistake of law or
fact. In the City of Manila the proceedings shall be
instituted in the Juvenile and Domestic
Rule 73 Section 1 Rules of Court
Relations Court.
Section 1. Where estate of deceased persons
Rule 131 Section 3 (n) 2019
settled. — If the decedents is an inhabitant of
amendments to the 1989 Revised Rules
the Philippines at the time of his death,
on Evidence
whether a citizen or an alien, his will shall be
proved, or letters of administration granted, (n) That a court, or judge acting as such,
and his estate settled, in the Court of First whether in the Philippines or elsewhere, was
Instance in the province in which he resides acting in the lawful exercise of jurisdiction;
at the time of his death, and if he is an
inhabitant of a foreign country, the Court of
First Instance of any province in which he had
estate. The court first taking cognizance of
the settlement of the estate of a decedent,
shall exercise jurisdiction to the exclusion of
all other courts. The jurisdiction assumed by
a court, so far as it depends on the place of
residence of the decedent, or of the location
of his estate, shall not be contested in a suit

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