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RULE 14

Summons

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. (1a)

Section 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. (3a)

Section 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. (5a)

Section 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. (6a)

Section 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. (4a)

Section 6. Service in person on defendant. — Whenever practicable, the summons shall be served by handling a copy thereof to
the defendant in person, or, if he refuses to receive and sign for it, by tendering it to him. (7a)

Section 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. (8a)

Section 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 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. (9a)

Section 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. (12a)

Section 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 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. (l0a,
11a)

Section 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. (13a)
Section 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)

Section 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. (15)

Section 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)

Section 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)

Section 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)

Section 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. (19)

Section 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. (20)

Section 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. (21)

Section 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. (23a)

AM. No. 11-3-6-SC

AMENDMENT OF SECTION 12, RULE 14 •


OF THE RULES OF COURT ON SERVICE UPON
FOREIGN PRIVATE JURIDICAL ENTITY
Section 12, Rule 14 of the Rules of Court is hereby amended to read
as follows:

"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, i f 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.

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 out of the Philippines through any of the
following means:

a) B y personal service coursed through the


appropriate court in the foreign country with the
assistance of the Department of Foreign Affairs;

b) B y 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) B y facsimile or any recognized electronic


means that could generate proof of service; or

d) B y such other means as the court may in its


discretion direct."

This rule shall take effect fifteen (15) days after publication in a
newspaper of general circulation in the Philippines.

CIVIL CODE

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. (8a)

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. (9a)

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. (10a)

Article 17. The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the
country in which they are executed.

When the acts referred to are executed before the diplomatic or consular officials of the Republic of the Philippines in a foreign
country, the solemnities established by Philippine laws shall be observed in their execution.

Prohibitive laws concerning persons, their acts or property, and those which have for their object public order, public policy and
good customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions agreed
upon in a foreign country. (11a)
FAMILY CODE

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), 3637 and 38. (17a)

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained
abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under
Philippine law. (As amended by Executive Order 227)

Art. 35. The following marriages shall be void from the beginning:

(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;

(2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with
either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;

(3) Those solemnized without license, except those covered the preceding Chapter;

(4) Those bigamous or polygamous marriages not failing under Article 41;

(5) Those contracted through mistake of one contracting party as to the identity of the other; and

(6) Those subsequent marriages that are void under Article 53.

Art. 36. A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with
the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its
solemnization. (As amended by Executive Order 227)

Art. 37. Marriages between the following are incestuous and void from the beginning, whether relationship between the parties
be legitimate or illegitimate:

(1) Between ascendants and descendants of any degree; and

(2) Between brothers and sisters, whether of the full or half blood. (81a)

Art. 38. The following marriages shall be void from the beginning for reasons of public policy:

(1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree;

(2) Between step-parents and step-children;


(3) Between parents-in-law and children-in-law;

(4) Between the adopting parent and the adopted child;

(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)

RA 9225

Section 1. Short Title – this act shall be known as the "Citizenship Retention and Re-acquisition Act of 2003."

Section 2. Declaration of Policy - It is hereby declared the policy of the State that all Philippine citizens of another country
shall be deemed not to have lost their Philippine citizenship under the conditions of this Act.

Section 3. Retention of Philippine Citizenship - Any provision of law to the contrary notwithstanding, natural-born citizenship
by reason of their naturalization as citizens of a foreign country are hereby deemed to have re-acquired Philippine citizenship
upon taking the following oath of allegiance to the Republic:

"I _____________________, solemny swear (or affrim) that I will support and defend the Constitution of the Republic of the
Philippines and obey the laws and legal orders promulgated by the duly constituted authorities of the Philippines; and I hereby
declare that I recognize and accept the supreme authority of the Philippines and will maintain true faith and allegiance thereto;
and that I imposed this obligation upon myself voluntarily without mental reservation or purpose of evasion."

Natural born citizens of the Philippines who, after the effectivity of this Act, become citizens of a foreign country shall retain their
Philippine citizenship upon taking the aforesaid oath.

Section 4. Derivative Citizenship - The unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18) years
of age, of those who re-acquire Philippine citizenship upon effectivity of this Act shall be deemed citizenship of the Philippines.
Section 5. Civil and Political Rights and Liabilities - Those who retain or re-acquire Philippine citizenship under this Act shall
enjoy full civil and political rights and be subject to all attendant liabilities and responsibilities under existing laws of the
Philippines and the following conditions:

(1) Those intending to exercise their right of surffrage must Meet the requirements under Section 1, Article V of the Constitution,
Republic Act No. 9189, otherwise known as "The Overseas Absentee Voting Act of 2003" and other existing laws;

(2) Those seeking elective public in the Philippines shall meet the qualification for holding such public office as required by the
Constitution and existing laws and, at the time of the filing of the certificate of candidacy, make a personal and sworn
renunciation of any and all foreign citizenship before any public officer authorized to administer an oath;

(3) Those appointed to any public office shall subscribe and swear to an oath of allegiance to the Republic of the Philippines and
its duly constituted authorities prior to their assumption of office: Provided, That they renounce their oath of allegiance to the
country where they took that oath;

(4) Those intending to practice their profession in the Philippines shall apply with the proper authority for a license or permit to
engage in such practice; and

(5) That right to vote or be elected or appointed to any public office in the Philippines cannot be exercised by, or extended to,
those who:

(a) are candidates for or are occupying any public office in the country of which they are naturalized citizens; and/or

(b) are in active service as commissioned or non-commissioned officers in the armed forces of the country which they are
naturalized citizens.

Section 6. Separability Clause - If any section or provision of this Act is held unconstitutional or invalid, any other section or
provision not affected thereby shall remain valid and effective.

Section 7. Repealing Clause - All laws, decrees, orders, rules and regulations inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

Section 8. Effectivity Clause – This Act shall take effect after fifteen (15) days following its publication in theOfficial Gazette or
two (2) newspaper of general circulation.

RA 9285: ADR Act

SEC. 19. Adoption of the Model Law on International Commercial Arbitration. - International commercial arbitration shall be
governed by the Model Law on International Commercial Arbitration (the "Model Law") adopted by the United Nations
Commission on International Trade Law on June 21, 1985 (United Nations Document A/40/17) and recommended approved on
December 11, 1985, copy of which is hereto attached as Appendix "A".

SEC. 20. Interpretation of Model Law. - In interpreting the Model Law, regard shall be had to its international origin and to the
need for uniformity in its interpretation and resort may be made to the travaux preparatories and the report of the Secretary
General of the United Nations Commission on International Trade Law dated March 25, 1985 entitled, "International Commercial
Arbitration: Analytical Commentary on Draft Trade identified by reference number A/CN. 9/264."

SEC. 22. Legal Representation in International Arbitration. - In international arbitration conducted in the Philippines, a party
may be presented by any person of his choice. Provided, that such representative, unless admitted to the practice of law in the
Philippines, shall not be authorized to appear as counsel in any Philippine court, or any other quasi-judicial body whether or not
such appearance is in relation to the arbitration in which he appears.
SEC. 42. Application of the New York Convention. - The New York Convention shall govern the recognition and enforcement
of arbitral awards covered by the said Convention.

The recognition and enforcement of such arbitral awards shall be filled with regional trial court in accordance with the rules of
procedure to be promulgated by the Supreme Court. Said procedural rules shall provide that the party relying on the award or
applying for its enforcement shall file with the court the original or authenticated copy of the award and the arbitration agreement.
If the award or agreement is not made in any of the official languages, the party shall supply a duly certified translation thereof
into any of such languages.

The applicant shall establish that the country in which foreign arbitration award was made is a party to the New York Convention.

If the application for rejection or suspension of enforcement of an award has been made, the regional trial court may, if it
considers it proper, vacate its decision and may also, on the application of the party claiming recognition or enforcement of the
award, order the party to provide appropriate security.

SEC. 43. Recognition and Enforcement of Foreign Arbitral Awards Not Covered by the New York Convention. - The
recognition and enforcement of foreign arbitral awards not covered by the New York Convention shall be done in accordance
with procedural rules to be promulgated by the Supreme Court. The Court may, grounds of comity and reciprocity, recognize and
enforce a nonconvention award as a convention award.

SEC. 44. Foreign Arbitral Award Not Foreign Judgment. - A foreign arbitral award when confirmed by a court of a foreign
country, shall be recognized and enforced as a foreign arbitral award and not a judgment of a foreign court.

A foreign arbitral award, when confirmed by the regional trial court, shall be enforced as a foreign arbitral award and not as a
judgment of a foreign court.

A foreign arbitral award, when confirmed by the regional trial court, shall be enforced in the same manner as final and executory
decisions of courts of law of the Philippines.

SEC. 45. Rejection of a Foreign Arbitral Award. - A party to a foreign arbitration proceeding may oppose an application for
recognition and enforcement of the arbitral award in accordance with the procedural rules to be promulgated by the Supreme
Court only on those grounds enumerated under Article V of the New York Convention. Any other ground raised shall be
disregarded by the regional trial court.

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