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II.

Jurisdiction obligations and securities issued by the


Government of the Philippine Islands;
NCC 14-17, RPC, Rules of Court
3. Should be liable for acts connected with the
Art. 14. Penal laws and those of public security and introduction into these islands of the obligations
safety shall be obligatory upon all who live or sojourn in and securities mentioned in the presiding
the Philippine territory, subject to the principles of public number;
international law and to treaty stipulations. (8a)
4. While being public officers or employees,
Art. 15. Laws relating to family rights and duties, or to should commit an offense in the exercise of their
the status, condition and legal capacity of persons are functions; or
binding upon citizens of the Philippines, even though
living abroad. (9a) 5. Should commit any of the crimes against
national security and the law of nations, defined
Art. 16. Real property as well as personal property is in Title One of Book Two of this Code.
subject to the law of the country where it is stipulated.
Rules of Court R14, s14-16
However, intestate and testamentary successions, both
with respect to the order of succession and to the Section 14. Service upon defendant whose identity or
amount of successional rights and to the intrinsic validity whereabouts are unknown. — In any action where the
of testamentary provisions, shall be regulated by the defendant is designated as an unknown owner, or the
like, or whenever his whereabouts are unknown and
national law of the person whose succession is under
cannot be ascertained by diligent inquiry, service may,
consideration, whatever may be the nature of the by leave of court, be effected upon him by publication in
property and regardless of the country wherein said a newspaper of general circulation and in such places
property may be found. (10a) and for such time as the court may order. (16a)

Art. 17. The forms and solemnities of contracts, wills, Section 15. Extraterritorial service. — When the
and other public instruments shall be governed by the defendant does not reside and is not found in the
laws of the country in which they are executed. Philippines, and the action affects the personal status of
the plaintiff or relates to, or the subject of which is,
When the acts referred to are executed before the property within the Philippines, in which the defendant
diplomatic or consular officials of the Republic of the has or claims a lien or interest, actual or contingent, or in
Philippines in a foreign country, the solemnities which the relief demanded consists, wholly or in part, in
excluding the defendant from any interest therein, or the
established by Philippine laws shall be observed in their
property of the defendant has been attached within the
execution. Philippines, service may, by leave of court, be effected
out of the Philippines by personal service as under
Prohibitive laws concerning persons, their acts or section 6; or by publication in a newspaper of general
property, and those which have, for their object, public circulation in such places and for such time as the court
order, public policy and good customs shall not be may order, in which case a copy of the summons and
rendered ineffective by laws or judgments promulgated, order of the court shall be sent by registered mail to the
or by determinations or conventions agreed upon in a last known address of the defendant, or in any other
manner the court may deem sufficient. Any order
foreign country. (11a)
granting such leave shall specify a reasonable time,
which shall not be less than sixty (60) days after notice,
RPC art2
within which the defendant must answer. (17a)

Article 2. Application of its provisions. - Except as Section 16. Residents temporarily out of the Philippines.
provided in the treaties and laws of preferential — When any action is commenced against a defendant
application, the provisions of this Code shall be enforced who ordinarily resides within the Philippines, but who is
not only within the Philippine Archipelago, including its temporarily out of it, service may, by leave of court, be
atmosphere, its interior waters and maritime zone, but also effected out of the Philippines, as under the
also outside of its jurisdiction, against those who: preceding section. (18a)

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
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
Section 24. Proof of official record. — The record of
Art. 815. When a Filipino is in a foreign country, he is public documents referred to in paragraph (a) of Section
authorized to make a will in any of the forms established 19, when admissible for any purpose, may be evidenced
by the law of the country in which he may be. Such will by an official publication thereof or by a copy attested by
may be probated in the Philippines. (n) the officer having the legal custody of the record, or by
his deputy, and accompanied, if the record is not kept in
Art. 816. The will of an alien who is abroad produces the Philippines, with a certificate that such officer has the
effect in the Philippines if made with the formalities custody. If the office in which the record is kept is in
prescribed by the law of the place in which he resides, or foreign country, the certificate may be made by a
secretary of the embassy or legation, consul general,
according to the formalities observed in his country, or in
consul, vice consul, or consular agent or by any officer in
conformity with those which this Code prescribes. (n) the foreign service of the Philippines stationed in the
foreign country in which the record is kept, and
Art. 819. Wills, prohibited by the preceding article, authenticated by the seal of his office. (25a)
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)

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)