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SOURCES OF CONFLICT OF LAWS

1. FAMILY CODE
Art. 10. Marriages between Filipino citizens abroad may be solemnized by a consulgeneral, 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), 3637 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;
(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;
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(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)
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)
Section 4. Ownership, Administrative, Enjoyment and Disposition of the Community
Property
Art. 96. The administration and enjoyment of the community property shall belong
to both spouses jointly. In case of disagreement, the husband's decision shall
prevail, subject to recourse to the court by the wife for proper remedy, which must
be availed of within five years from the date of the contract implementing such
decision.
In the event that one spouse is incapacitated or otherwise unable to participate in
the administration of the common properties, the other spouse may assume sole
powers of administration. These powers do not include disposition or encumbrance
without authority of the court or the written consent of the other spouse. In the
absence of such authority or consent, the disposition or encumbrance shall be void.
However, the transaction shall be construed as a continuing offer on the part of the
consenting spouse and the third person, and may be perfected as a binding
contract upon the acceptance by the other spouse or authorization by the court
before the offer is withdrawn by either or both offerors. (206a)
Art. 184. The following persons may not adopt:
(1) The guardian with respect to the ward prior to the approval of the final
accounts rendered upon the termination of their guardianship relation;
(2) Any person who has been convicted of a crime involving moral turpitude;
(3) An alien, except:
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(a) A former Filipino citizen who seeks to adopt a relative by


consanguinity;
(b) One who seeks to adopt the legitimate child of his or her Filipino
spouse; or
(c) One who is married to a Filipino citizen and seeks to adopt jointly
with his or her spouse a relative by consanguinity of the latter.
Aliens not included in the foregoing exceptions may adopt Filipino children in
accordance with the rules on inter-country adoptions as may be provided by law.
(28a, E. O. 91 and PD 603)
Art. 187. The following may not be adopted:
(1) A person of legal age, unless he or she is a child by nature of the adopter
or his or her spouse, or, prior to the adoption, said person has been
consistently considered and treated by the adopter as his or her own child
during minority.
(2) An alien with whose government the Republic of the Philippines has no
diplomatic relations; and
(3) A person who has already been adopted unless such adoption has been
previously revoked or rescinded. (30a, E. O. 91 and PD 603)
2. CIVIL CODE
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.
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. (11a)

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Art. 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)
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.
3. REVISED PENAL CODE
ARTICLE 2. Application of Its Provisions. Except as provided in the treaties and
laws of preferential application, the provisions of this Code shall be enforced not
only within the Philippine Archipelago, including its atmosphere, its interior waters
and maritime zone, but also outside of its jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or airship;
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or
obligations and securities issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the
obligations and securities mentioned in the preceding number;
4. While being public officers or employees, should commit an offense in the
exercise of their functions; or

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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. CORPORATION CODE
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)
5. 1987 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 the 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.
ARTICLE V
SUFFRAGE
Section 1. Suffrage may be exercised by all citizens of the Philippines, not
otherwise disqualified by law, who are at least eighteen years of age, and who shall
have resided in the Philippines for at least one year and in the place wherein they
propose to vote, for at least six months immediately preceding the election. No
literacy, property, or other substantive requirement shall be imposed on the
exercise of suffrage.
6. RULES OF COURT
RULE 14
SUMMONS

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Section 1. Clerk to issue summons.


Upon the filing of the complaint and the payment of the requisite legal fees,
the clerk of court shall forthwith issue the corresponding summons to the
defendants.
Sec. 2. Contents.
The summons shall be directed to the defendant, signed by the clerk of court
under seal, and contain:
(a) the name of the court and the names of the parties to the action;
(b) a direction that the defendant answer within the time fixed by these
Rules;
(c) a notice that unless the defendant so answers, plaintiff will take judgment
by default and may be granted the relief applied for.
A copy of the complaint and order for appointment of guardian ad litem, if
any, shall be attached to the original and each copy of the summons.
Sec. 3. By whom served.
The summons may be served by the sheriff, his deputy, or other proper court
officer, or for justifiable reasons by any suitable person authorized by the
court issuing the summons.
Sec. 4. Return.
When the service has been completed, the server shall, within five (5) days
therefrom, serve a copy of the return, personally or by registered mail, to the
plaintiff's counsel, and shall return the summons to the clerk who issued it,
accompanied by proof of service.
Sec. 5. Issuance of alias summons.
If a summons is returned without being served on any or all of the
defendants, the server shall also serve a copy of the return on the plaintiff's
counsel, stating the reasons for the failure of service, within five (5) days
therefrom. In such a case, or if the summons has been lost, the clerk, on
demand of the plaintiff, may issue an alias summons.
Sec. 6. Service in person on defendant.
Whenever practicable, the summons shall be served by handing a copy
thereof to the defendant in person, or, if he refuses to receive and sign for it,
by tendering it to him.
Sec. 7. Substituted service.
If, for justifiable causes, the defendant cannot be served within a reasonable
time as provided in the preceding section, service may be effected (a) by
leaving copies of the summons at the defendant's residence with some
person of suitable age and discretion then residing therein, or (b) by leaving
the copies at defendant's office or regular place of business with some
competent person in charge thereof.
Sec. 8. Service upon entity without juridical personality.
When persons associated in an entity without juridical personality are sued
under the name by which they are generally or commonly known, service
may be effected upon all the defendants by serving upon any one of them, or
upon the person in charge of the office or place of business maintained in
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such name. But such service shall not bind individually any person whose
connection with the entity has, upon due notice, been severed before the
action was brought.
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.
Sec. 10. Service upon minors and incompetents.
When the defendant is a minor, insane or otherwise an incompetent, service
shall be made upon him personally and on his legal guardian if he has one, or
if none, upon his guardian ad litem whose appointment shall be applied for by
the plaintiff. In the case of a minor, service may also be made on his father or
mother.
Sec. 11. 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.
Sec. 12. Service upon foreign private juridical entity.
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.
Sec. 13. 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.
Sec. 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.
Sec. 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,
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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.
Sec. 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.
Sec. 17. Leave of court.
Any application to the court under this Rule for leave to effect service in any
manner for which leave of court is necessary shall be made by motion in
writing, supported by affidavit of the plaintiff or some person on his behalf,
setting forth the grounds for the application.
Sec. 18. Proof of service.
The proof of service of a summons shall be made in writing by the server and
shall set forth the manner, place, and date of service; shall specify any
papers which have been served with the process and the name of the person
who received the same; and shall be sworn to when made by a person other
than a sheriff or his deputy.
Sec. 19. Proof of service by publication.
If the service has been made by publication, service may be proved by the
affidavit of the printer, his foreman or principal clerk, or of the editor,
business or advertising manager, to which affidavit a copy of the publication
shall be attached, and by an affidavit showing the deposit of a copy of the
summons and order for publication in the post office, postage prepaid,
directed to the defendant by registered mail to his last known address.
Sec. 20. Voluntary appearance.
The defendant's voluntary appearance in the action shall be equivalent to
service of summons. The inclusion in a motion to dismiss of other grounds
aside from lack of jurisdiction over the person of the defendant shall not be
deemed a voluntary appearance.
RULE 39
EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS

Sec. 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.
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RULE 131
Burden of Proof and Presumptions
Sec. 2 . Conclusive presumptions. The following are instances of conclusive
presumptions:
(a)Whenever a party has, by his own declaration, act, or omission, intentionally and
deliberately led to another to believe a particular thing true, and to act upon such
belief, he cannot, in any litigation arising out of such declaration, act or omission, be
permitted to falsify it:
(b)The tenant is not permitted to deny the title of his landlord at the time of
commencement of the relation of landlord and tenant between them. (3a)
RULE 132
PRESENTATION OF EVIDENCE
Sec. 25 . What attestation of copy must state. Whenever a copy of a document or
record is attested for the purpose of evidence, the attestation must state, in
substance, that the copy is a correct copy of the original, or a specific part thereof,
as the case may be. The attestation must be under the official seal of the attesting
officer, if there be any, or if he be the clerk of a court having a seal, under the seal
of such court. (26a)

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