SOURCES OF CONFLICT S OF LAWS

I.
II.
III.
IV.
V.
VI.

Family Code: Articles 10, 21, 26, 35, 36, 37, 38, 80, 96, 184, and 187
Civil Code: Articles 14, 15, 16, 17, 815, 816, 818, 819, 829, 1039, 1319, and 1753
Penal Code: Article 2
Corporation Code: Section 133 \u2013 Doing Business Without License
Constitution: Art. IV and Art. V, Section 1
Rules of Court: Rule 14 and 39, Section 48, Rule 131, Section 3 (n), 132, Section 25

I. FAMILY CODE
Preliminary Title
CHAPTER I
EFFECT AND APPLICATION OF LAWS
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.
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.
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.
Chapter 3. Void and Voidable Marriages
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.
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.
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.

II. CIVIL CODE

Preliminary Title
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.
Book III
SUBSECTION 3. - Forms of Wills
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. 817. A will made in the Philippines by a citizen or subject of another country, which is
executed in accordance with the law of the country of which he is a citizen or subject, and
which might be proved and allowed by the law of his own country, shall have the same effect
as if executed according to the laws of the Philippines. (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.

SUBSECTION 6. - Revocation of Wills and Testamentary Dispositions

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.

III. Penal Code

Article 2. Application of its provisions. - Except as provided in the treaties and laws of
preferential application, the provisions of this Code shall be enforced not only within the
Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but
also outside of its jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or airship
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or
obligations and securities issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the
obligations and securities mentioned in the presiding number;
4. While being public officers or employees, should commit an offense in the exercise of
their functions; or
5. Should commit any of the crimes against national security and the law of nations,
defined in Title One of Book Two of this Code.

IV. CORPORATION CODE

Sec. 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.

V. CONSTITUTION
ARTICLE IV
CITIZENSHIP
Section 1. The following are citizens of the Philippines
[1] Those who are citizens of the Philippines at the time of the adoption of this Constitution;
[2] Those whose fathers or mothers are citizens of the Philippines;
[3] Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship
upon reaching the age of majority; and
[4] Those who are naturalized in accordance with law.
Section 2. Natural-born citizens are those who are citizens of the Philippines from birth
without having to perform any act to acquire or perfect their Philippine citizenship. Those who
elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be
deemed natural-born citizens.
Section 3. Philippine citizenship may be lost or reacquired in the manner provided by law.
Section 4. Citizens of the Philippines who marry aliens shall retain their citizenship, unless by
their act or omission, they are deemed, under the law, to have renounced it.
Section 5. Dual allegiance of citizens is inimical to the national interest and shall be dealt
with by law.
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.
Section 2. The Congress shall provide a system for securing the secrecy and sanctity of the
ballot as well as a system for absentee voting by qualified Filipinos abroad
The Congress shall also design a procedure for the disabled and the illiterates to vote without
the assistance of other persons. Until then, they shall be allowed to vote under existing laws
and such rules as the Commission on Elections may promulgate to protect the secrecy of the
ballot.

VI. RULES OF COURT

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)

RULE 39
Execution, Satisfaction and Effect of Judgments

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
(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)

RULE 131
Burden of Proof and Presumptions

Section 3. Disputable presumptions. The following presumptions are satisfactory if

uncontradicted, but may be contradicted and overcome by other evidence:
(a) That a person is innocent of crime or wrong;
(b) That an unlawful act was done with an unlawful intent;
(c) That a person intends the ordinary consequences of his voluntary act;
(d) That a person takes ordinary care of his concerns;

(e) That evidence willfully suppressed would be adverse if produced;

(f) That money paid by one to another was due to the latter;
(g) That a thing delivered by one to another belonged to the latter;
(h) That an obligation delivered up to the debtor has been paid;
(i) That prior rents or installments had been paid when a receipt for the later one is
produced;
(j) That a person found in possession of a thing taken in the doing of a recent wrongful
act is the taker and the doer of the whole act; otherwise, that things which a person
possess, or exercises acts of ownership over, are owned by him;
(k) That a person in possession of an order on himself for the payment of the money, or
the delivery of anything, has paid the money or delivered the thing accordingly;
(l) That a person acting in a public office was regularly appointed or elected to it;
(m) That official duty has been regularly performed;
(n) That a court, or judge acting as such, whether in the Philippines or
elsewhere, was acting in the lawful exercise of jurisdiction;
(o) That all the matters within an issue raised in a case were laid before the court and
passed upon by it; and in like manner that all matters within an issue raised in a dispute
submitted for arbitration were laid before the arbitrators and passed upon by them;
(p) That private transactions have been fair and regular;
(q) That the ordinary course of business has been followed;
(r) That there was a sufficient consideration for a contract;
(s) That a negotiable instrument was given or indorsed for a sufficient consideration;
(t) That an endorsement of negotiable instrument was made before the instrument was
overdue and at the place where the instrument is dated;
(u) That a writing is truly dated;
(v) That a letter duly directed and mailed was received in the regular course of the mail;
(w) That after an absence of seven years, it being unknown whether or not the
absentee still lives, he is considered dead for all purposes, except for those of
succession. X X X

RULE 132
Presentation of Evidence
B. AUTHENTICATION AND PROOF OF DOCUMENTS
Section 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)