Professional Documents
Culture Documents
● Westlake: “Private international Law is that department of national law which arises from the fact that there
are in the world different territorial jurisdiction possessing different laws.”
○ Suggested: “CONFLICT OF LAWS (OR PRIVATE INTERNATIONAL LAW) IS THAT PART OF THE
MUNICIPAL LAW OF A STATE WHICH DIRECTS ITS COURTS AND ADMINISTRATIVE
AGENCIES, WHEN CONFRONTED WITH A LEGAL PROBLEM INVOLVING A FOREIGN
ELEMENT, WHETHER OR NOT THEY SHOULD APPLY A FOREIGN LAW OR FOREIGN LAWS.
4 Important Elements of Conflict of Laws
○ Cheshire: “… the moment a case is seen to be affected by a foreign element, the court must look
beyond its own internal law, lest the relevant rule of the internal system to which the case most
appropriately belongs, should happen to be in conflict with the forum. Private International Law
comes into operation, therefore, whenever the Court has a suit before it that contains a foreign
element.”
■ The latter alternative becomes particularly urgent when our own law, by reason of justice or
convenience or plain common decency, commands our tribunals to apply the law or laws
of a foreign state.
■ “Foreign System of Law” may include not only the law of foreign states but also the law of
political subdivisions which have their own legal system (e.g. insofar as the state of
California is concerned, the laws of New York, Hawaii, or Texas are “foreign law”).
■ Minor: “… when effect is given to a foreign law in any territory, it is only because the
municipal law of that state temporarily abdicates its supreme authority in favor of the
foreign law, which for the time being, with reference to that particular matter, becomes
itself, by will of that state, its municipal law.”
Importance of Conflict of Laws
● In order to adjust conflicting rights in international, mercantile, and corporate transactions; and
● To solve personal, family, property, and successional, contractual problems, possessed of facts or elements
operating in two or more states.
Examples of Diversity in Laws and Interpretations
■ The applicability to a particular case of either the local or the foreign law.
■ The question of CHOICE OF LAW.
○ To specify the circumstances in which a foreign judgment can be recognized as decisive of the
question in dispute.
● Dualist
○ The majority opinion.
○ The two subjects are worlds apart, at least insofar as the below-mentioned distinctions:
CONFLICT OF LAW BASIS LAW OF NATIONS
○ Private and Public International Law are in essence identical for both of them manifest a single
concept of law, ultimately addressed to the same individual.
○ States, the adherents of this school maintain, can act only through individuals: what can bind
individuals must, therefore, necessarily bind also the respective states to which they belong.
○ Should there be a treaty obliging a state to apply foreign law to certain cases, the state is of
necessity compelled to abide by such treaty.
○ If State A should recognize the government of State B, the latter is automatically given permission to
sue in the courts of the former.
Donald Baer Commander US Naval Base, Subic Bay vs. Hon. Tito V. Tizon
If a Filipino is granted a timber license may he conduct a logging operation within a US Military Base when
the US Base Commander refuses to grant him permission to do so?
NO, he cannot. To sue a Base Commander would amount to a suit against the US Government. This cannot
be done because of the principle of state immunity from suit. The Base Commander does NOT possess diplomatic
immunity, but here the suit is not actually against him, but against the US Government, which merely acted on the
basis of its treaty stipulations with our Republic.
Southeast Asian Fisheries Development Center Aquaculture Department vs. NLRC
Permanent international commissions and administrative bodies have been created by the agreement of a
considerable number of States for a variety of international purposes, economic or social and mainly non-political.
Among the notable instances are:
● Direct Sources
○ Constitutions
■ Art. IV, 1987 Constitution
■ Art. XII, Sec. 2, 1987 Constitution
○ Codifications
■ Civil Code of the Philippines
■ Philippine Code of Commerce
■ French Napoleonic Code of 1804
■ Civil Code of Greece of 1940
■ Civil Code of Switzerland of 1907
○ Special laws
■ Corporation Code
■ Insurance Act
■ Patent Law
■ PD on Intellectual Property
■ Nationalization of the Retail Trade Act
■ Omnibus Investments Code
■ Foreign Investments Act
■ Central Bank Act
○ Treaties and Conventions
■ European Hague Conventions of 1896, 1902, and 1905
■ Geneva Conventions of 1823, 1926, 1930, and 1931
■ Treaties of Montevideo of 1899 (revised in 1940)
■ Codigo Bustamante of 1898
○ Judicial Decisions
■ Art. 8, Civil Code
○ International Customs
■ “Lex situs” – the law of the place where the property is situated
■ “Lex loci celebrationis” – the law of the place of celebration or execution
■ “Lex nationalii or lex domicilii" – the national law or the domiciliary law
■ “Territoriality” – the place where the crime has been committed has jurisdiction to try the
offense that has been committed
■ “Generality” – the criminal laws bind both the citizens and the aliens who are in the said
country or territory
● Exceptions:
○ Principles of public international law – e.g. immunities granted to
diplomatic officials and visiting heads of foreign states provided that the
latter does not travel incognito and without knowledge of the state
(however, once identity is later revealed, immunity is given)
● Indirect Sources
○ Natural Moral Law
■ Rule of human conduct implanted by God in our nature and in our conscience, urging us to
do whatever is right and avoid what is evil.
○ Works of writers
■ Westlake,
■ Cheshire, and
■ Minor, among others
Chapter 2: What the Tribunals of the Forum Must Do
Alternatives given to the Court
Whenever a conflicts problems arises, the court is primarily confronted with the question of jurisdiction.
The Court either:
The court of the forum whether jurisdiction is present, using the law of the forum as the yardstick for determining the
same.
Kinds of jurisdiction:
1. Over the subject matter
a. The authority of a court to hear and decide cases of the general class to which the proceedings in
question belong
1. By Fraud
a. Fraud by plaintiff in service of summons in an action in personam - court does NOT acquire
jurisdiction
1. By plaintiff
a. Subject to any set-offs, counterclaims, cross-claims, etc
b. Having chosen a particular forum and a particular judicial machine, plaintiff has to accept the entire
machine conpletely.
2. By defendant
a. Subject to the court’s jurisdiction as to all subsequent matters in the same suit, NOT as to an
entirely different action
Continuing Jurisdiction Even if the Defendant Leaves
- Even if defendant leaves the state of the forum prior to the final determination of the suits, the jurisdiction over
him that had been previously acquired continues.
Refusal to Assume Jurisdiction
Reasons often given for refusal to assume jurisdiction is that to do so would prove inconvenient for the forum (forum
non conveniens):
1. When the law of the forum expressly so provides in its conflicts rules; e.g.:
a. The estate of a Filipino with a foreign child will be distributed in accordance with PH law
b. Capacity of foreign child to inherit from Filipino father is governed by PH law
c. Revocation in the PH of a will executed by an alien abroad must comply with formalities of PH law
2. When the proper foreign law has not been properly pleaded
a. There is no judicial notice of any foreign law. Such must be properly pleaded and proved as a fact.
b. Our courts will presume that the foreign law is the same as our local or domestic law.
PH Trust v. Nevada law was properly presented in the probate of a
Bohanan will made by a Nevada citizen, but was not presented in
the partition of the estate. SC ruled that in view of the
prior satisfactory proof in the probate, there is no need
to present the Nevada law in the partition proceedings.
B. Unwritten law
a. Oral testimony of expert witnesses
b. Printed and published books of reports of decisions of the country involved, if proved to be
commonly admitted in such courts
In re: Testate Written answers of the Chinese consul-
Estate of general to certain written questions, which
Suntay were presented to prove Chinese law, was
held not sufficient to prove such law because
the Chinese consul-general is not
necessarily an expert on the matter.
*Foreign law must receive the same interpretation given to saif law by the foreign tribunals. EXC: if
somewhere in our laws we find a statute WORDED IDENTICALLY, we cannot be blamed if we disregard the
foreign interpretation and use our own previous interpretation of the same.
3. When the case involves any of the exceptions to the application of the proper foreign law (or comity):
a. When the foreign law, judgement, or contract is contrary to a sound and established public policy of
the forum
i. Public Policy -> manifest will of a state, that which it desires on account of its own
fundamental principles of justice, its own conception of morals, and its deep-rooted
traditions for the common-weal
ii. If we already have a conflicts rule about a matter, this rule is the expression of our public
policy
iii. If we do not have a conflicts rule, the mere fact that a foreign law is different from our
own internal law on the matter does not mean that said foreign law is contrary to our
public policy.
b. When the foreign law, judgement, or contract is contrary to almost universally conceded principles
of morality (contra bonos mores)
i. Examples are prostitution, contracts to corrupt the fair administration of justice, agreements
to reward crime, human slavery, and involuntary servitude.
ii. If what is sought to be corrected is merely an injustice against a particular individual, the
“penalty” is not penal. (e.g. penalty clause in Ks)
ii. The admin codes of alien governments are of no use, we cannot be expected to assist in
the implementation of foreign governmental functions.
f. When the application of the foreign law/judg./K may work undeniable injustice to the citizens or
residents of the forum
i. Example: In state Y, a 15 yr old boy validly enters into a K with another in the said state. If
we assume the contract to be binding on the boy, we shall be doing violence to our sence
of justice. (since 18 is the age of majority in PH)
g. When the application of the foreign law/judg./K may work against the vital interests and national
security of the state of the forum
i. Any foreign law/judg./K that may result in the undermining of our governmental processes
will obviously be refused enforcement in our forum.
h. When the case involves real or personal property situated in the forum
i. Real Property
1. Follow the rule of LEX SITUS
2. The land is part and parcel of our country, and to apply foreign law to it would
generally render nugatory our own territorial sovereignty.
2. However, now that there has been a great increase in the amount and variety of
personal property not immediately connected with the person of the owner,
Congress of the PH deemed it advisable to adopt the doctrine of LEX SITUS or
LEX REI SITAE in case of movables.
CHAPTER 3 – THEORIES ON WHY THE FOREIGN LAW MAY IN SOME CASES BE GIVEN EFFECT
1. Theory of Comity – because of the foreign law’s convenience to give protection to our citizens, residents, and
transients in our land
● Comity – recognition which one nation allows within its territory, to the legislative, executive, or judicial acts of
another nation, having due regard both to international duty and convenience, and to the rights of its own
citizens, of other persons who are under the protection of its laws
○ Leaves the application of the foreign law to the discretion of the forum – prevents the adoption of
definite rules and principles for Conflicts of Laws
○ The recognition of foreign laws cannot be claimed as a right, but only as a favor or courtesy. Comity,
being voluntary and not obligatory, rests in the discretion of the tribunals of the forum, and is
governed by certain more or less recognized rules.
● Kinds of Comity
○ Based on reciprocity - if the laws and judgments of the forum are recognized in a foreign state, the
forum in turn will recognized those from the foreign state
○ Based on the persuasiveness of the foreign judgment - if the forum is persuaded that the judgment
is meritorious and has been rendered by a court of competent jurisdiction
● Hilton v. Guyot
○ Frenchman sued an American in France and won. A suit was filed in USA to enforce where the
court discovered that the French trial was fair and impartial but that French courts do not give full
credence to American courts’ decisions.
2. Theory of Vested Rights - what is sought to be enforced is not the foreign law itself, but the rights that have been
vested under such foreign law
● Justification
○ Rights once vested under the law continue until destroyed or cut off by law.
○ Such rights are recognized and enforced in one state though they have come into being in another,
unless such enforcement is for good reason, though contrary to the public policy of the jurisdiction
where enforcement is sought.
● Basis
○ Territoriality - a judge cannot directly recognize or sanction foreign laws and judgments; it is his own
territorial law which must exclusively govern all problems demanding his decision
○ Extraterritorial effect is given not to foreign laws and judgments but merely to the rights they have
created.
● Loucks v. Standard Oil Co. of New York
○ The administrators of Loucks’ estate sued in NY to recover damages on the basis of a
Massachusetts (where Loucks was killed by defendant’s driver) statute granting a monetary award
in a case like this.
● Defects
○ While they do not really apply the foreign law but merely enforce the vested rights created by said
law, they implicitly recognize the foreign law for how else can they determine the vesting of rights.
○ Based on a mistaken notion of “territoriality” since territorial law means not only the internal law of
the territory but also its conflicts rules
4. Theory of Harmony of Laws - we have to apply the foreign law so that wherever a case is decided, irrespective of
the forum, the solution should approximately be the same: thus, identical or similar problems must have identical or
similar solutions anywhere.
● Criticism
○ Every man has his own notion of fairness and equity: to leave the adjudication of conflicts problems
to the varying whims of judicial fancy may in itself symbolize the highest form of injustice.
● The theories do not mutually exclude one another: perhaps, the truth may be found in their combination.
○ intrinsic fraud (which goes to the very existence of the cause of action) is deemed already adjudged
○ as to clear mistake of law or fact - this alone will not prevent the recognition or the enforcement of a
foreign judgment which otherwise fulfills all the other requisites
4. judgment must not contravene a sound and established public policy of the forum
5. judgment must be res judicata in the state that rendered it
○ judgment must be final
○ court rendering it must have jurisdiction over the subject matter and the parties
○ judgment must be on the merits
○ there must be identity of parties, of subject matter, and of cause of action
Rules of Court, Sec. 50 - Effect of foreign judgments. The effect of a judgment of a tribunal of a foreign country,
having jurisdiction to pronounce the judgment is as follows:
(a) In case of a judgment against a specific thing, the judgment is conclusive upon the title to the thing;
(b) In case of a judgment against a person, the judgment is presumptive evidence of a right as between the
parties and their successors-in-interest by a subsequent title; but the judgment 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.
● When our courts enforce a judgment by allowing it, the effect is that it is really our own court’s judgment that
we enforce.
CHAPTER 5
Nature of Conflict Rules
● Definition: Conflicts rules (or rules of Private International Law) are the provisions found in a country’s own
law which govern factual situations possessed of a foreign element.
○ Falconbridge: “… a conflict rule of the forum, as distinguished from domestic or local rule of the law
of the forum, is usually expressed in the form of an abstract proposition that a given legal question
is ‘governed’ by the ‘law’ of a particular country, which is to be ascertained in the manner indicated
in the rule.”
● Examples:
○ Art. 815, Civil Code
■ 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.
○ NOTE: Under this Article, the capacity, etc. of a Filipino shall be governed generally by Philippine
law; what law governs the capacity, etc. of a German? This is NOT expressly answered by the
Article.
○ NOTE: Under this Article, if the deceased is a German, German law governs; if a Cuban, Cuban law
governs, and so forth. Clearly, the Article is ALL SIDED.
Observation:
Art. 15 is literally one-sided; nonetheless, the SC has invariably given it a more extensive application
and today, by JUDICIAL CONSTRUCTION, it has become an all sided conflicts rule.
Analogy, reciprocity, and convenience are the reasons for this interpretation. Thus, the status,
capacity, etc. of foreigners are generally governed by their own national law.
Composition of Conflicts Rules
● Examples:
○ In the conflicts rule “capacity to succeed is governed by the law of the nation of the decedent.” (Art.
1039, Civil Code):
■ “The liability of the common carrier for their loss, destruction, or deterioration” is the
FACTUAL SITUATION
■ “The law of the country to which the goods are to be transported” is the POINT OF
CONTACT
- doctrine of qualification
- ultimate purposes is to enable the forum to select the proper law
Factors which give rise to the problem of characterization
1. Different legal systems attach to the same legal term with different meanings
2. Different legal systems may contain ideas or conceptions completely unknown to one another
3. Different legal systems apply different principles for the solution of problems which are of a common nature
Steps in characterization
1. Determination of the facts involved - if no foreign element is involved, problem in Conflict of Laws arises
2. Characterization of the Factual Situation - assigning of the proven facts into their particular category
a. absent an express conflicts rule, the characterization of the forum should be adhered to
b. if there is an express conflicts rule, abide by such characterization
3. Determination of the conflicts rules which is to be applied - the conflicts rule of the forum should indubitably
be applied since this is precisely the purpose of a conflicts rule and at this stage, we still have to ascertain
the precise foreign country that has the nearest connection with the facts
ii. forum is merely an incidental place of trial - the characterization of the forum has to give
way to any common characterization that may exist in the foreing countries involved
5. Characterization of the problem as substantive or procedural
● Basis of the problem
○ Lex fori - procedural matters are governed by the law of the forum; even if the action is based upon
a foreign substantive law
○ Law on prescription of actions - sui generis in Conflict of Laws since it may be either procedural or
substantive
■ characterization into a procedural or substantive law is irrelevant when the country of the
forum has a “borrowing statute” - effect of treating the foreign statute of limitation as one of
substance
● Solution
○ Totality approach - consider the prescriptive period that the parties had in mind at the time the
transaction took place
○ Exception - if the subject matter governs property located in the Phils where our own law on
prescription and our own Statute of Frauds must apply
● Code of Civil Procedure, Sec. 48 - If Barred at Place Where Cause of Action Arose, Barred Here. If, by the
laws of the state or country where the cause of action arose, the action is barred, it is also barred in the
Philippine Islands.
○ Absent proof of the proper foreign law, it is presumed to be the same as Philippines law.
○ If the cause of action is divisible, we may still entertain that part which has not prescribed.
6. Pleading and proving of the proper foreign law - competent evidence
7. Application of the proper foreing law to the problem
Theories on characterization
1. Lex fori theory - most common where the forum merely considers its own concepts its own characterization,
otherwise, there will be a virtual surrender of sovereignty right
3. Universal analytical theory - characterization comes only after a general comparative analytical study of the
jurisprudence of all the states involved
5. Autonomous theory - consider the characterization referred to in the conflicts rules of the lex causae
6. Totality theory - characterization intended by the parties
B. Laws and rules
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 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.
[PLEASE PASTE NOTES HERE]
ii. Civil Code, arts. 14, 15, 16, 17, 815, 816, 818, 819, 829, 1039, 1319, and 1753
Art. 14. Penal laws and those of public security and safety shall be obligatory upon
all who live or sojourn in the Philippine territory, subject to the principles of public
international law and to treaty stipulations. (8a)
Art. 15. Laws relating to family rights and duties, or to the status, condition and
legal capacity of persons are binding upon citizens of the Philippines, even though
living abroad. (9a)
Art. 16. Real property as well as personal property is subject to the law of the
country where it is stipulated. However, intestate and testamentary successions,
both with respect to the order of succession and to the amount of successional
rights and to the intrinsic validity of testamentary provisions, shall be regulated by
the national law of the person whose succession is under consideration, whatever
may be the nature of the property and regardless of the country wherein said
property may be found. (10a)
Art. 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
Art. 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. (n)
Art. 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)
Art. 819. Wills, prohibited by the preceding article, executed by Filipinos in a foreign
country shall not be valid in the Philippines, even though authorized by the laws of
the country where they may have been executed. (733a)
Art. 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. (n)
Art. 1039. Capacity to succeed is governed by the law of the nation of the
decedent. (n)
Art. 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.
(1262a)
Art. 1753. The law of the country to which the goods are to be transported shall
govern the liability of the common carrier for their loss, destruction or deterioration.
Codifications may be a direct source of conflict of laws
○ The laws of the country where the corporation was organized allow Filipino citizens and
corporations to do business in its own country or state
● Sec. 140 incorporates what is known as the Incorporation Test under which a corporation is determined to
be foreign based on the place of incorporation.
○ However, Sec. 140 is restrictive insofar as it requires reciprocity i.e. if Philippine corporations are not
recognized in the country where the foreign corporation is organized, the latter will likewise not be
recognized in the Philippines.
○ The rule that requires reciprocity is a reflection of the basic rule that a foreign corporation is one
which owes its existence to the laws of another State and generally, it has no existence within the
State in which it is foreign. A corporation has no legal status beyond the bounds of the sovereignty
by which they are created.
○ Nevertheless, it is widely accepted that foreign transactions are, by reason of state comity, allowed
to transact business in other States and to sue in the courts of such fora.
● Before a foreign corporation can transact business in the Philippines, it must secure proper authorizations
under existing laws. If a foreign corporation does business in the Philippines without the required license, the
following effects are expressly provided under the Code:
● The purpose of the law in requiring a license is to subject the foreign corporations to the jurisdiction of the
local courts; otherwise, a foreign corporation illegally doing business here because of its refusal or neglect to
obtain the required license and authority to do business may successfully though unfairly plead such neglect
or illegal act so as to avoid service and thereby impugn the jurisdiction of the local courts.
● The following matters are governed by the law of the country of the foreign corporation and not by Philippine
laws:
iv. Family Code, arts. 10, 21, 26, 35, 36, 37, 38, 52, and 53
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. (75a)
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.
Art. 26. All marriages solemnized outside the Philippines, in accordance with the
laws in force in the country where they were solemnized, and valid there as such,
shall also be valid in this country, except those prohibited under Articles 35 (1), (4),
(5) and (6), 36, 37 and 38. (17a)
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;
(3) Those solemnized without license, except those covered the preceding
;
(4) Those bigamous or polygamous marriages not failing under Article 41;
(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:
Art. 38. The following marriages shall be void from the beginning for reasons of
public policy:
(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;
(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. 52. The judgment of annulment or of absolute nullity of the marriage, the
partition and distribution of the properties of the spouses and the delivery of the
children's presumptive legitimes shall be recorded in the appropriate civil registry
and registries of property; otherwise, the same shall not affect third persons. (n)
Art. 53. Either of the former spouses may marry again after compliance with the
requirements of the immediately preceding Article; otherwise, the subsequent
marriage shall be null and void.
[PLEASE PASTE NOTES HERE]
vi. Rules of Court (as revised in 2019, effective May 2020) - Rule 4, sec. 2; Rule 8, sec. 6; Rule 11, sec. 2; Rule 14,
sec. 9, 12, 14, 16, 17, 18, and 19; Rule 23, secs. 11 & 12; Rule 39, sec. 48; Rule 73, sec. 1; Rule 77, sec. 1; Rule 92,
sec. 1; Rule 131, sec. 3(n); Rule 132, secs. 19(a), (c) & 24.
Rule 4 (Infante, Lim, Lumbre)
Sec. 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
Sec. 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.
Rule 11
Sec. 2. Answer of a defendant foreign private juridical entity.
Where the defendant is a foreign private juridical entity and service of summons is
made on the government official designated by law to receive the same,
- the answer shall be filed within thirty (30) days after receipt of
summons by such entity
Rule 14
Sec. 9. Service upon prisoners.
When the defendant is a prisoner confined in a jail or institution
- service shall be effected upon him by the officer having the
management of such jail or institution who is deemed deputized as a
special sheriff for said purpose.
Rule 39
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
- self explanatory
RULE 92
Venue
RULE 131
(n) That a cout, or judge acting as such, whether in the Philippines or elsewhere,
was acting in the lawful exercise of jurisdiction;
RULE 132
Presentation of Evidence
(a) The written official acts, or records of the sovereign authority, official
bodies and tribunals, and public officers, whether of the Philippines,
or of a foreign country;
(b) Xxx
(c) Documents that are considered public documents under treaties and
conventions which are in force between the Philippines and the
country of source; and
(d) Xxx
Section 24. Proof of official record. – The record of public documents referred to in
paragraph (a) of Section 19, when admissible for any purpose, 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 or her deputy, and accompanied, if the record is not
kept in the Philippines, with a certificate that such officer has the custody.