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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 the Philippine territory, subject to
the principles of public international law and to treaty stipulations.

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 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.

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.

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.

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.

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.

ARTICLES 829, 1039, 1306, 1319 AND 1753 CIVIL CODE OF THE PHILIPPINES

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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 certain and the acceptance absolute. A qualified acceptance constitutes a counter-offer.

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 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

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.

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.

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.
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. 

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.

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
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(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.

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.

Consul-generals, consuls, vice-consuls of the Republic of the Philippines abroad:

 The marriage must be only between Filipino citizens
 Said officials has the only the authority solemnize marriage abroad
 He act not only as the solemnizing officer; he must also performed the duties of a local civil registrar

The solemnities established by Filipino laws shall be observed in their execution.

GENERAL RULE: Those solemnized by any person not legally authorized to perform marriages are void.
EXCEPTION: The marriages were contracted with either or both parties and believing in good faith that the solemnizing officer had a legal
authority to do so.

Exception to the License Requirement:

Solemnized outside the Philippines where no marriage license is required by the country where they were solemnized

Solemnization of Marriage Involving a Foreign Contracting Party in the Philippines

GENERAL RULE: Where either or both parties are foreign citizens, they must first submit a certificate of legal capacity to marry issued by their
diplomatic/ consular officers before marriage license can be obtained.
EXCEPTION: Marriage of both foreign citizens will be solemnized by their countries consul-general assigned in the Philippines if their country’s
laws allows the same.

Stateless Persons or Refugees

Stateless persons or refugees from other countries shall submit an affidavit stating circumstances to show capacity to contract marriage before a
marriage license can be obtained.

VALIDITY OF MARRIAGE
GENERAL RULE: Marriages contracted outside the Philippines in accordance with with the laws in force in the country where they were
solemnized are valid in this country.
EXCEPTION:
 Contracted by a national who is below 18 years of age
 Incestuous marriages

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 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.

INSTANCES IN WHICH THE PROVISIONS OF THE RPC ARE APPLICABLE ALTHOUGH THE FELONY IS COMMITTED OUTSIDE THE
PHILIPPINES

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- cognizable by the court where the criminal action is first filed

Applicability of the RPC:

Extra- - RPC is applicable even though outside the Philippine territory
territoriality
Exterritoriality - signifies the immunity of certain persons who, although in the state, are not amenable to the its law
Intraterritoriality - RPC is made applicable within the Philippine Archipelago, including its atmosphere, its interior waters and maritime
zone, except as provided in the treaties and laws of preferential application

EXTRATERRITORIALITY PRINCIPLE
- Philippines has jurisdiction over crimes committed outside its territory

1. COMMISSION OF AN OFFENSE WHILE ON PHILIPPINE SHIP OR AIRSHIP

Requisites:
 crime must be committed on board a private or merchant ship
 ship or airship must be registered in the Philippines under Philippine laws
 crime must be committed while the registered Philippine ship is on international waters

Philippine vessel or aircraft: one which is registered with the Maritime Industry Authority (MARINA) or with the Civil Aeronautics Board (CAB) in
accordance with the Philippine laws.

The RPC applies when such Philippine vessel is found within:

 Philippine waters
 High seas

An offense committed on the high seas on board foreign merchant vessel is not triable by our courts.
- continuing crime committed on board such vessel sailing to the Philippines is triable in our court

Country of registry = NATIONALITY

- not ownership

RULES ON JURISDICTION FOREIGN MERCHANT VESSEL

French Rule English Rule
- such crimes are not triable in the courts of the coastal state, Unless their - such crimes are not triable in the courts of the coastal state, unless
commission affects the peace and security of the territory or the safety of they merely affect things within the vessel, or they refer to the
the state is endangered. internal management thereof
- emphasizes the nationality of the ship - emphasizes territoriality
- PHILIPPINES

RULES ON CRIMES COMMITTED ON SHIPS OR AIRSHIPS:

 In crimes committed on Philippines ships or airships, the provisions of the RPC of the Philippines apply whether the ship or airship is
found in the Philippine waters or in the high season as long as the ship or airship is registered in the Philippine law
 In crimes committed on private or merchant vessels found in the Philippine territorial waters, the English rule shall be applied.
 In crimes committed on foreign warships, the nationality of the warship or airship determines the applicable penal law to the crimes
committed therein as such ship or airships, are considered to be an extension of the territory of the country to which they belong

2. FORGING OR COUNTERFEITING ANY COIN OR CURRENCY NOTE OF THE PHILIPPINES OR OBLIGATIONS AND
SECURITIES ISSUED BY THE GOVERNMENT

FORGERY: committed by giving to a treasury or banknote or any instrument payable to bearer or to the appearance of a true genuine document or
by erasing, substituting, counterfeiting or altering, by any means, the figure, letter, words, or signs, contained therein

Perpetrated abroad:
- object of the crime must be a coin, currency note or obligations and securities issued by the Government of the Philippines

3. INTRODUCTION INTO THE PHILIPPINES OF THE OBLIGATIONS AND SECURITIES MENTIONED IN THE PRECEDING
NUMBER

Those who introduced or brought the counterfeit item in the Philippines are criminally liable even if they were not the ones who counterfeited the
same.

4. PUBLIC OFFICERS OR EMPLOYEES WHO COMMIT AN OFFENSE IN THE EXECISE OF THEIR FUNCTIONS

Examples of crime committed by public officers:

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 direct bribery
 indirect bribery
 qualified bribery
 failure to render accounts
 failure to render account before leaving the country
 illegal use of public funds or property
 falsification
 fraud against public treasury and other similar offenses
 malversation of public funds or property
 possession of prohibited interest
 corruption

5. COMMISSION OF ANY OF THE CRIMES AGAINST NATIONAL SECURITY AND THE LAWS OF NATION DEFINED IN TITLE
ONE OF BOOK TWO

Examples of crimes against national security and the law of nations:

 treason
 conspiracy and proposal to commit teason
 misprision of treason
 espionage
 inciting to war in giving motive for reprisals
 violation of the neutrality
 correspondence with hostile country
 flight to enemy’s country
 piracy and mutiny on the high seas
 qualified piracy
 terrorism

Some of the penal laws with extraterritorial application:

1. Security Act of 2007
The provisions of this Act shall apply:
 to individual persons who commit any of the crimes defined and punished in this Act within the terrestrial domain, interior waters,
maritime zone, and airspace of the Philippines;
 to individual persons who, although physically outside the territorial limits of the Philippines, commit, conspire or plot to commit any of
the crimes defined and punished in this Act inside the territorial limits of the Philippines;
 to individual persons who, although physically outside the territorial limits of the Philippines, commit any of the said crimes on board
Philippine ship or Philippine airship;
 to individual persons who commit any of said crimes within any embassy, consulate, or diplomatic premises belonging to or occupied by
the Philippine government in an official capacity;
 to individual persons who, although physically outside the territorial limits of the Philippines, commit said crimes against Philippine
citizens or persons of Philippines descent, where their citizenship or ethnicity was a factor in the commission of the crime; and
 to individual persons who, although physically outside the territorial limits of the Philippines, commit said crimes directly against the
Philippine government.

2. Anti-trafficking In Persons Act of 2003

The State shall exercise jurisdiction over any act defined and penalized under this Act, even if committed outside the Philippines and whether or not
such act or acts constitute an offense at the place of commission, the crime being a continuing offense, having been commenced in the Philippines
and other elements having been committed in another country, if the suspect or accused:
 Is a Filipino citizen; or
 Is a permanent resident of the Philippines; or
 Has committed the act against a citizen of the Philippines.
No prosecution may be commenced against a person under this section if a foreign government, in accordance with jurisdiction recognized
by the Philippines, has prosecuted or is prosecuting such person for the conduct constituting such offense, except upon the approval of the Secretary
of Justice.
The government may surrender or extradite persons accused of trafficking in the Philippines to the appropriate international court if any, or
to another State pursuant to the applicable extradition laws and treaties."

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.
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PERSONAL ACTION: one which is not founded upon the privity of real rights or real property

transitory

VENUE:
 where the plaintiff or any of the principal plaintiffs resides
 where the defendant or any of the principal defendants resides
 Non-resident
o where the plaintiff or any of the principal plaintiff resides
o where the non-resident may be found
- all at the election of the plaintiff

RESIDENCE: his personal, actual or physical habitation or actual residence or place of abode, whether permanent or temporary as long as he resides
with continuity and consistency

More than one defendant or plaintiff in the case – residences of the principal parties

RULE 8 SECTION 6 2019 PROPOSED AMENDMENTS TO THE 1997 RULES OF CIVIL PROCEDURE

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.

Pleading a judgment or decision of a domestic or foreign court, judicial or quasi-judicial tribunal, or of a board or officer:
- aver the judgment or decision without setting forth matter showing jurisdiction to render it

Authenticated copy of judgement – attached to the pleading

RULE 14 SECTIONS 14, 15, 16, 17, 18 2019 PROPOSED AMENDMENTS TO THE 1997 RULES OF CIVIL PROCEDURE

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 official designated by law to that effect, or on any of its officers or , agents, directors or trustees
within the Philippines.
If the foreign private juridical entity is not registered in the Philippines, or has no resident agent
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 less than sixty (60) calendar days after notice, within
which the defendant must answer.

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
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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.

Section 18. Residents 48

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.

SERVICE UPON FOREIGN PRIVATE JURIDICAL ENTITITES

Service upon foreign private juridical entity which has transacted business in the Philippines may be made on:
 its resident agent designated in accordance with law for that purpose
 on the government official designated by law to the effect, if there be no such agent
 on any of its officers or agents within the Philippines
 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,
service may, with leave of court, be effected out of the Philippines through:
 By personal service coursed through the appropriate court in the foreign country with the assistance of the department of foreign affairs;
 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;
 By facsimile;
 By electronic means with the prescribed proof of service; or
 By such other means as the court, in its discretion, may direct.

SERVICE UPON PUBLIC CORPORATIONS

Service may be effected on:

- SOLICITOR GENERAL
 when the defendant is the Republic of the Philippines
 when a suit is directed against an unincorporated government agency
- ITS EXECUTIVE HEAD, ON SUCH OTHER OFFICER OR OFFICERS AS THE LAW OR THE COURT MAY DIRECT
 in case of province, city or municipality, or like public corporation

SERVICE UPON DEFENDANT WHOSE IDENTITY OR WHEREABOUTS ARE UNKNOWN

Action: any action (in personam, in rem or quasi in rem)

Service: with leave of court, by publication in a newspaper of general circulation

- within 90 calendar days from the commencement of the action

If leave is granted, the order should specify a reasonable time that is not less than 60 calendar days from notice within which defendant must answer.

EXTRATERRITORIAL SERVICE

Defendant does not reside and is not found in the Philippines

Action: The specific action, which are either in rem or quasi in rem are:
 actions that affect the personal status of plaintiff
 actions which relate to or the subject of which is property within the Philippines in which defendant claims a lien or interest, actual or
contingent
 actions in which the relief demanded consists, wholly or part in excluding the defendant from any interest in property located in the
Philippines
 when the property of the defendant has been attached in the Philippines

Service:
- with leave of court
 person service as under Section 6; or as provided for in international conventions to which the Philippines is a party
 publication in a newspaper of general circulation
- in this case (1) a copy of the summons and (2) order of court must also be sent by registered mail to the last known address of the defendant or any
other manner the court may deem sufficient

If leave is granted, the order should specify a reasonable time that is not less than 60 calendar days from notice within which defendant must answer.
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RESIDENTS TEMPORARILY OUT OF THE PHILIPPINES

Action: any action (in personam, in rem or quasi in rem)

Service:
- with leave of court
 person service as under Section 6; or as provided for in international conventions to which the Philippines is a party
 publication in a newspaper of general circulation
- in this case (1) a copy of the summons and (2) order of court must also be sent by registered mail to the last known address of the defendant or any
other manner the court may deem sufficient

RULE 14 SECTIONS 11 & 12, 2019 PROPOSED AMENDMENTS TO THE 1997 RULES OF CIVIL PROCEDURE

Section 11. Service upon Spouses. - When spouses are sued jointly, service of summons should be made to each spouse individually.

Section 12. Service upon Domestic Private Juridical Entity. - When the defendant is a corporation, partnership or association organized under the
laws of the Philippines with a juridical personality, service may be made on the president, managing partner, general manager, corporate secretary,
treasurer, or in-house counsel of the corporation wherever they may be found, or in their absence or unavailability, on their secretaries.
If such service cannot be made upon any of the foregoing persons, it shall be made upon the person who customarily receives the
correspondence for the defendant at its principal office.
In case the domestic juridical entity is under receivership or liquidation, service of summons shall be made on the receiver or liquidator,
as the case may be.
Should there be a refusal on the part of the persons above- mentioned to receive summons despite at least three (3) attempts on two (2)
different dates, service may be made electronically, if allowed by the court, as provided under Section 6 of this Rule.

SUMMONS UPON SPOUSES:

- summons served on any of the spouses, if sued jointly, is not enough.
- made to each spouses individually

SUMMONS UPON DOMESTIC PRIVATE JURIDICAL ENTITY:

Service must be made through the:

 president
 managing partner
 general manager
 corporate secretary
 treasurer, or
 in-house counsel
- wherever they may be found

There is no need for the plaintiff to keep asking for alias summons every time they are able to obtain information on the whereabouts of the said
officers
- they will be served wherever they may be found

In their absence:
- services may be made directly on the secretaries of these officers without the need of making 3 attempts on 2 separate days

If it cannot be made on the officers or said secretaries of the said officers:

- services shall be effective upon the person who customarily receives the correspondence for the defendant at its principal office

Under receivership or liquidation:

- service shall be made on the receiver or liquidator

Should there be a refusal of on the part of the person mention to receive summons despite at least 3 attempts on 2 different dates
- substituted service may already be made electronically, if allowed by the court

RULE 39 SECTION 48 RULES OF COURT

Section 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

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(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 want of jurisdiction, want of notice to the party, collusion, fraud, or
clear mistake of law or fact.

PUBLIC POLICY PRINCIPLE: A judgment by a court is enforceable only within its territorial jurisdiction.

EFFECT OF FOREIGN JUDGMENT:

 In case of judgment against a specific thing = CONCLUSIVE upon the title to the thing
 In case of judgment against a person = PRESUMPTIVE evidence of a right as between the parties and their successors-in-interest by a
subsequent title

The judgment may be repelled by evidence of:

 want of jurisdiction
 want of notice
 collusion
 fraud
 clear mistake of law or fact

- cannot be enforced by execution in the Philippines

- may enforced in the Philippines through an action validly heard in the RTC

Foreign arbitral award  foreign judgment

WHERE TO FILE? RTC (incapable of pecuniary estimation)

Two ways of giving effect to a foreign judgment:

 an ordinary action to enforce the foreign judgment may be filed in court
 may be pleaded in an answer or motion to dismiss

RULE 73 SECTION 1 RULES OF COURT

Section 1. Where estate of deceased persons settled. — If the decedents is an inhabitant of the Philippines at the time of his death, whether a
citizen or an alien, his will shall be proved, or letters of administration granted, and his estate settled, in the Court of First Instance in the province
in which he resides 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 or proceeding, except in an appeal from that court, in the original case, or when the want of jurisdiction appears on the
record.

MATTER OF VENUE OF ESTATE PROCEEDINGS WHEN IT REFERS TO THE DECENDENT’S PLACE OR RESIDENCE OR LOCATION
OF THE DECEDENT’S ESTATE

VENUE:
 Inhabitant of the Philippines (whether citizen or alien at the time of his death = COURT OF THE PROVINCE/CITY WHERE THE
DECEASED RESIDES AT THE TIME OF DEATH
 Inhabitant of a foreign country = COURT OF ANY PROVINCE WHEREIN HE HAD HIS ESTATE

Residence is determinative only of the VENUE and does not affect the jurisdiction of the court.

IMPROPER VENUE = dismissed and instituted in the proper court

If NO OBJECTION was raised in the probate court, the court may proceed with the settlement of the estate.

Remedies for Impropriety of Venue:

 in an appeal from the court, in the original case
 When the want of jurisdiction appears on the record

RESIDENCE: his personal, actual, or physical habitation, his actual residence or place of abode
- not legal residence

JURISDICTION: depends upon the gross value of the estate of the decedent
 In Metro Manila – MTC; gross value does not exceed P400,000; otherwise, RTC
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 Outside Metro Manila – MTC; gross value does not exceed P300,000; otherwise, RTC
- from the moment the petition for the settlement of estate is filed with the said court

RULE ON PREFERENCIAL JURISDICTION:

General Rule: The court first taking cognizance of the settlement of the estate of the decedent shall exercise jurisdiction to the exclusion of
all other courts
Exception: Estoppel by laches
- preference, however, is given in favor of the court where testate proceedings, as compared to intestate proceedings, are held

RULE 77 SECTION 1 RULES OF COURT

Section 1. Will proved outside Philippines may be allowed here. — Wills proved and allowed in a foreign country, according to the laws of such
country, may be allowed, filed, and recorded by the proper Court of First Instance in the Philippines.

REPROBATE: the local court acknowledges as binding the findings of the foreign probate court
Will which was probated in a foreign country be re-probated in the Philippines

VENUE:
 Inhabitant of the Philippines (whether citizen or alien at the time of his death = COURT OF THE PROVINCE/CITY WHERE THE
DECEASED RESIDES AT THE TIME OF DEATH
 Inhabitant of a foreign country = COURT OF ANY PROVINCE WHEREIN HE HAD HIS ESTATE

RULE 92 SECTION 1 RULES OF COURT

Section 1. Where to institute proceedings. — Guardianship of a person or estate of a minor or incompetent may be instituted in the Court of First
Instance of the province, or in the justice of the peace court of the municipality, or in the municipal court chartered city where the minor or
incompetent persons resides, and if he resides in a foreign country, in the Court of First Instance of the province wherein his property or the party
thereof is situated; provided, however, that where the value of the property of such minor or incompetent exceeds that jurisdiction of the justice of
the peace or municipal court, the proceedings shall be instituted in the Court of First Instance.
In the City of Manila the proceedings shall be instituted in the Juvenile and Domestic Relations Court.

Guardianship of a person or estate of a minor or incompetent

VENUE:
 RESIDENT = RTC of the ward’s residence
 NON-RESIDENT = RTC of the place where the ward’s property is located

RULE 131 SECTION 3(N) 2019 AMENDMENTS TO THE 1989 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;

presumed to have jurisdiction over the subject matter and the parties
IN ALL COURT = superior or inferior

NOT PRESUMED:
 where the record itself shows that jurisdiction has not been acquired
 where there is something in the record showing the absence of jurisdiction

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