II.
Jurisdiction
NCC 14-17, RPC, Rules of Court
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)
RPC art2
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.
Rules of Court R14, s14-16
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)
3. Assuming Jurisdiction IV. B. Proof of Foreign Law

NCC 15,16,17,815,816,819,829,1039 and R132, s24 and R130, s46

Rules of Court
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. 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)
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 deputy, and accompanied, if the record is not kept in
the Philippines, with a certificate that such officer has the
custody. If the office in which the record is kept is in
foreign country, the certificate may be made by a
secretary of the embassy or legation, consul general,
consul, vice consul, or consular agent or by any officer in
the foreign service of the Philippines stationed in the
foreign country in which the record is kept, and
authenticated by the seal of his office. (25a)

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)

R132, s25 and R130, s46

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)

Section 46. Learned treatises. — A published treatise,

periodical or pamphlet on a subject of history, law,
science, or art is admissible as tending to prove the truth
of a matter stated therein if the court takes judicial
notice, or a witness expert in the subject testifies, that
the writer of the statement in the treatise, periodical or
pamphlet is recognized in his profession or calling as
expert in the subject. (40a)