ARTICLE IV CITIZENSHIP

4.1. 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.

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)

4.2. 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.

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.

4.3. Philippine citizenship may be lost or reacquired in the manner

provided by law.
4.4. 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.
4.5. Dual allegiance of citizens is inimical to the national interest
and shall be dealt with by law.
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 situated.
However, intestate and testamentary
respect to the order of succession

successions, both with

and to the amount of

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.

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.
(11a)
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 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 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
article, executed by Filipinos in
a foreign country

preceding
shall
not

be valid in the Philippines, even though authorized by the laws of

the country where they may have been executed. (733a)

accordance with this Code and a certificate of authority from the

appropriate government agency. (n)

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.
(n)

Section 129. Law applicable. - Any foreign corporation lawfully

doing business in the Philippines shall be bound by all laws, rules
and regulations applicable to domestic corporations of the same
class, except such only as provide for the creation, formation,
organization or dissolution of corporations or those which fix the
relations, liabilities, responsibilities, or duties of stockholders,
members, or officers of corporations to each other or to
the corporation. (73a)

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

nation of the decedent. (n)
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 counteroffer.
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)
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.

TITLE XV - FOREIGN CORPORATIONS

Section 123. Definition and rights of foreign corporations. - For the
purposes of this Code, a foreign corporation is one formed,
organized or existing under any laws other than those of the
Philippines
and
whose
laws allow
Filipino
citizens and corporations to do business in its own country or state.
It shall have the right to transact business in the Philippines after it
shall have obtained a license to transact business in this country in

Section
133.
Doing
business without
a
license.
No foreign corporation
transacting
business
in
the
Philippines without a license, or its successors or assigns, shall
be permitted to maintain or intervene in any action, suit or
proceeding in any court or administrative agency of the Philippines;
but such corporation may be sued or proceeded against before
Philippine courts or administrative tribunals on any valid cause of
action recognized under Philippine laws. (69a)

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.
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. (66a)

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)
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;
(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.
--Ms. Alba
Mistake
Subesequent
Age
License
Bigamous
Authority
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

be void even
if
incapacity becomes manifest only after its solemnization.
amended by Executive Order 227)

likewise
such
(As

Art. 37. Marriages between the following are incestuous and void
from the begining, 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
beginning for reasons of public policy:

shall

be void

from the

(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.
(82)
--CSI
SSACCK
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.
(124a)

Art. 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.

4.2. 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 nonresident defendant where he may be found, at the election of the
plaintiff.

8.6. 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.
11.2. 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. (2a)
14.12. Service upon foreign private juridical entities. When the
defendant is a foreign private juridical entity which has transacted
business in the Philippines, 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 within the
Philippines. (14a)
14.14.
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 whereabouts are unknown and
cannot
be ascertained by diligent inquiry, service may, by leave of court,
be
effected
upon
him
by publication in
a newspaper of general circulation and in such places and for
such time as the court may order. (16a)
14.15. 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
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) days after notice, within which the
defendant must answer. (17a)
14.16. 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. (18a)

23.11. Persons before whom depositions may be taken in foreign

countries. In a foreign state or country, depositions may be
taken
(a) on notice before a secretary of embassy or legation, consul
general, consul, vice-consul, or consular agent of the Republic of
the Philippines,
(b) before such person or officer as may be appointed by
commission or under letters rogatory; or
(c) the person referred to in section 14 hereof. (11a, R24)
23.12. Commission or
letters rogatory.

A commission or
letters rogatory shall be issued only when necessary or convenient,
on application and notice, and on such terms, and with
such direction as are just and appropriate. Officers may be
designated in notices or commissions either by name or descriptive
title and letters rogatory may be addressed to the appropriate
judicial authority in the foreign country. (12a, R24)
39.48. Effect of foreign judgments or final orders. The effect of a
judgment or final order of a tribunal of a foreign country, having
jurisdiction to render the judgment or final order is as follows:
(a) In case of a judgment or final order upon a specific thing, the
judgment or final order, is conclusive upon the title to the thing,
and

(b) In case of a judgment or final order against a person, the

judgment or final order is presumptive evidence of a right as
between the parties and their successors in interest by a
subsequent title.
In either case, the judgment or final order may be repelled by
evidence of a want of jurisdiction, want of notice to the party,
collusion, fraud, or clear mistake of law or fact. (50a)
--WWF MC
Settlement Of Estate Of Deceased Persons
RULE 73
Venue and Process
73.1.
Where estate
of
deceased persons settled.

If
the decedent 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.
RULE 77
Allowance of Will Proved Outside of
and Administration of Estate Thereunder

Philippines

77.1. 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.
General Guardians and Guardianship
RULE 92

Venue
92.1. 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 of the 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 part thereof is situated;
provided, however, that where the value of the property of
such minor or incompetent exceeds the 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.
RULE 131
Burden of Proof and Presumptions
131.3. 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;

RULE 132
Presentation of Evidence A. Examination of Witnesses
B. Authentication and Proof of Documents
SECTION 19. Classes of documents. For the purpose of their
presentation in evidence, documents are either public or private.
Public documents are:
(a) The written official acts, or records of the official acts of the
sovereign authority, official bodies and tribunals, and public
officers, whether of the Philippines, or of a foreign country;
(b) XXX
(c) XXX