DELA CRUZ, GRETCHEN MARI M.

ASSIGNMENT 1- CONFLICTS OF LAW

CONFLICTS OF LAW

1. CONSTITUTION, arts. IV(1)-(5)

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.

2. CIVIL CODE, arts. 14, 15, 16, 17, 815, 816, 818, 819, 829,
1039, 1319, and 1753

Section 3. Philippine citizenship may be lost or reacquired in the

manner provided by law.

3. CORPORATION CODE, secs. 123, 129, and 133

FAMILY CODE, arts. 10, 21, 26, 35, 36, 37, 38, and 80

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.

4. REVISED PENAL CODE, art. 2.

5. Rules of Court, Rule 4, sec. 2; Rule 8, sec. 6; Rule 11, sec 2;
Rule 14, sec. 12, 14, 15 & 16; Rule 23, secs. 11 & 12; Rule 39,
sec. 48; Rule 73, sec. 1; Rule 77, sec. 1; Rule 92, sec. 1, Rule
131, sec. 3(n); Rule 132, secs. 19(a) & 24.

CONSTITUTION, arts. IV(1)-(5)

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 5. Dual allegiance of citizens is inimical to the national

interest and shall be dealt with by law.

CIVIL CODE, arts. 14, 15, 16, 17, 815, 816, 818, 819, 829, 1039, 1319,
and
1753

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)

DELA CRUZ, GRETCHEN MARI M.

ASSIGNMENT 1- CONFLICTS OF LAW
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)

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. (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.

DELA CRUZ, GRETCHEN MARI M.

ASSIGNMENT 1- CONFLICTS OF LAW
CORPORATION CODE, secs. 123, 129, and 133

Art. 21. Any person who wilfully causes loss or injury to another in a
manner that is contrary to morals, good customs or public policy
shall compensate the latter for the damage.

Sec. 123. Definition and rights of foreign corporations. - For the

purposes of this Code, a foreign corporation is one formed, organized
or existing under any laws other than those of the Philippines and
whose laws allow Filipino citizens and corporations to do business in
its own country or state. It shall have the right to transact business in
the Philippines after it shall have obtained a license to transact
business in this country in accordance with this Code and a certificate
of authority from the appropriate government agency. (n)

Art. 26. Every person shall respect the dignity, personality, privacy
and peace of mind of his neighbors and other persons. The following
and similar acts, though they may not constitute a criminal offense,
shall produce a cause of action for damages, prevention and other
relief:

Sec. 129. Law applicable. - Any foreign corporation lawfully doing

business in the Philippines shall be bound by all laws, rules and
regulations applicable to domestic corporations of the same class,
except such only as provide for the creation, formation, organization
or dissolution of corporations or those which fix the relations,
liabilities, responsibilities, or duties of stockholders, members, or
officers of corporations to each other or to the corporation. (73a)

(1) Prying into the privacy of another's residence:

(2) Meddling with or disturbing the private life or family relations of

another;

(3) Intriguing to cause another to be alienated from his friends;

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. (69a)

FAMILY CODE, arts. 10, 21, 26, 35, 36, 37, 38, and 80
Art. 10. In case of doubt in the interpretation or application of laws,
it is presumed that the lawmaking body intended right and justice to
prevail. (n)

(4) Vexing or humiliating another on account of his religious beliefs,

lowly station in life, place of birth, physical defect, or other personal
condition.

Art. 35. When a person, claiming to be injured by a criminal offense,

charges another with the same, for which no independent civil action
is granted in this Code or any special law, but the justice of the peace
finds no reasonable grounds to believe that a crime has been
committed, or the prosecuting attorney refuses or fails to institute
criminal proceedings, the complaint may bring a civil action for
damages against the alleged offender. Such civil action may be
supported by a preponderance of evidence. Upon the defendant's

DELA CRUZ, GRETCHEN MARI M.

ASSIGNMENT 1- CONFLICTS OF LAW
motion, the court may require the plaintiff to file a bond to indemnify
the defendant in case the complaint should be found to be malicious.

If during the pendency of the civil action, an information should be

presented by the prosecuting attorney, the civil action shall be
suspended until the termination of the criminal proceedings.

Art. 36. Pre-judicial questions which must be decided before any

criminal prosecution may be instituted or may proceed, shall be
governed by rules of court which the Supreme Court shall promulgate
and which shall not be in conflict with the provisions of this Code.
Art. 37. Juridical capacity, which is the fitness to be the subject of
legal relations, is inherent in every natural person and is lost only
through death. Capacity to act, which is the power to do acts with
legal effect, is acquired and may be lost. (n)

Art. 38. Minority, insanity or imbecility, the state of being a deafmute, prodigality and civil interdiction are mere restrictions on
capacity to act, and do not exempt the incapacitated person from
certain obligations, as when the latter arise from his acts or from
property relations, such as easements. (32a)
Art. 80. The following marriages shall be void from the beginning:
(1) Those contracted under the ages of sixteen and fourteen years by
the male and female respectively, even with the consent of the
parents;

(2) Those solemnized by any person not legally authorized to perform

marriages;

(3) Those solemnized without a marriage license, save marriages of

exceptional character;

(4) Bigamous or polygamous marriages not falling under Article 83,

Number 2;

(5) Incestuous marriages mentioned in Article 81;

(6) Those where one or both contracting parties have been found
guilty of the killing of the spouse of either of them;

(7) Those between stepbrothers and stepsisters and other marriages

specified in Article 82. (n)

REVISED PENAL CODE, art. 2.

Art. 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; chan robles virtual law library

DELA CRUZ, GRETCHEN MARI M.

ASSIGNMENT 1- CONFLICTS OF LAW
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.chanrobles virtual law library

Rules of Court, Rule 4, sec. 2; Rule 8, sec. 6; Rule 11, sec 2; Rule 14,
sec. 12, 14, 15 & 16; Rule 23, secs. 11 & 12; Rule 39, sec. 48; Rule 73,
sec. 1; Rule 77, sec. 1; Rule 92, sec. 1, Rule 131, sec. 3(n); Rule 132,
secs. 19(a) & 24

Sec. 2. Answer of a defendant foreign private juridical entity.

Where the defendant is a foreign private juridical entity and service of
summons is made on the government official designated by law to
receive the same, the answer shall be filed within thirty (30) days
after receipt of summons by such entity.
RULE 14 summons
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

RULE 4 VENUE of ACTION

resident agent designated in accordance with law for that purpose, or,
if there be no such agent, on the government official designated by

Sec. 2. Venue of personal actions.

law to that effect, or on any of its officers or agents within the

All other actions may be commenced and tried where the plaintiff or

Philippines.

any of the principal plaintiffs resides, or where the defendant or any

of the principal defendants resides, or in the case of a non-resident

Sec. 14. Service upon defendant whose identity or whereabouts are

defendant where he may be found, at the election of the plaintiff.

RULE 8 MANNER OF MAKING ALLEGATIONS IN PLEADINGS

unknown.

Sec.

In any action where the defendant is designated as an unknown

6.

Judgment.

owner, or the like, or whenever his whereabouts are unknown and

In pleading a judgment or decision of a domestic or foreign court,

cannot be ascertained by diligent inquiry, service may, by leave of

judicial or quasi-judicial tribunal, or of a board or officer, it is

court, be effected upon him by publication in a newspaper of general

sufficient to aver the judgment or decision without setting forth

circulation and in such places and for such time as the court may

matter showing jurisdiction to render it.

order.

RULE 11
WHEN TO FILE RESPONSIVE PLEADINGS

Sec.

15.

Extraterritorial

service.

DELA CRUZ, GRETCHEN MARI M.

ASSIGNMENT 1- CONFLICTS OF LAW
When the defendant does not reside and is not found in the

In a foreign state or country, depositions may be taken (a) on notice

Philippines, and the action affects the personal status of the plaintiff

before a secretary of embassy or legation, consul general, consul,

or relates to, or the subject of which is, property within the

vice-consul, or consular agent of the Republic of the Philippines; (b)

Philippines, in which the defendant has or claims a lien or interest,

before such person or officer as may be appointed by commission or

actual or contingent, or in which the relief demanded consists, wholly

under letters rogatory; or (c) the person referred to in section 14

or in part, in excluding the defendant from any interest therein, or

hereof.

the property of the defendant has been attached within the

Philippines, service may, by leave of court, be effected out of the

Sec. 12. Commission or letters rogatory.

Philippines by personal service as under section 6; or by publication

A commission or letters rogatory shall be issued only when necessary

in a newspaper of general circulation in such places and for such time

or convenient, on application and notice, and on such terms and with

as the court may order, in which case a copy of the summons and

such direction as are just and appropriate. Officers may be

order of the court shall be sent by registered mail to the last known

designated in notices or commissions either by name or descriptive

address of the defendant, or in any other manner the court may deem

title and letters rogatory may be addressed to the appropriate judicial

sufficient. Any order granting such leave shall specify a reasonable

authority in the foreign country.

time, which shall not be less than sixty (60) days after notice, within
which the defendant must answer.
RULE 39
Sec. 16. Residents temporarily out of the Philippines.

EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS

When any action is commenced against a defendant who ordinarily

Sec. 48. Effect of foreign judgments or final orders.

resides within the Philippines, but who is temporarily out of it,

The effect of a judgment or final order of a tribunal of a foreign

service may, by leave of court, be also effected out of the Philippines,

country, having jurisdiction to render the judgment or final order is

as under the preceding section.

as follows:

RULE 23
DEPOSITIONS PENDING ACTIONS

(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

Sec. 11. Persons before whom depositions may be taken in foreign

countries.

judgment or final order is presumptive evidence of a right as between

the parties and their successors in interest by a subsequent title.

DELA CRUZ, GRETCHEN MARI M.

ASSIGNMENT 1- CONFLICTS OF LAW
In either case, the judgment or final order may be repelled by

estate of a minor or incompetent may be instituted in the Court of

evidence of a want of jurisdiction, want of notice to the party,

First Instance of the province, or in the justice of the peace court of

collusion, fraud, or clear mistake of law or fact.

the municipality, or in the municipal court of the chartered city where

the minor or incompetent person resides, and if he resides in a

Rule 73

venue and processes

Sec. 1. Where estate of deceased person settled. - If the decedent is an

inhabitant of the Philippines at the time of his death, whether a
citizen or an alien, his will shall be proved, or letters of
administration granted, and his estate settled, in the Court of First
Instance in the province in which he resides at the time of his death,
and if he is an inhabitant of a foreign country, the Court of First
Instance of any province in which he had estate. The court first taking
cognizance of the settlement of the estate of a decedent, shall
exercise jurisdiction to the exclusion of all other courts. The
jurisdiction assumed by a court, so far as it depends on the place of
residence of the decedent, or of the location of his estate, shall not be
contested in a suit or proceeding, except in an appeal from that court,
in the original case, or when the want of jurisdiction appears on the
record.
RULE 77
ALLOWANCE OF WILL PROVED OUTSIDE OF PHILIPPINES AND
ADMINISTRATION OF ESTATE THEREUNDER
Sec. 1. Will proved outside Philippines may be allowed here. - Wills
proved and allowed in a foreign country, according to the laws of
such country, may be allowed, filed, and recorded by the proper
Court of First Instance in the Philippines.

foreign country, in the Court of First Instance of the province wherein

his property or part thereof is situated; provided, however, that where
the value of the property of such minor or incompetent exceeds the
jurisdiction of the justice of the peace or municipal court, the
proceedings

shall

be

instituted

in

the

Court

In the City of Manila, the proceedings shall be instituted in the

Juvenile and Domestic Relations Court.
RULE 131
Burden of Proof and Presumptions
Rule 131, sec. 3(n);
Sec. 3 . Disputable presumptions. The following presumptions are
satisfactory if uncontradicted, but may be contradicted and overcome
by other evidence:chanroblesvirtuallawlibrary

(n)That a court, or judge acting as such, whether in the Philippines or

elsewhere, was acting in the lawful exercise of jurisdiction;

RULE 92
RULE 132
PRESENTATION OF EVIDENCE
Sec. 1. Where to institute proceedings. - Guardianship of the person or

First

Instance.chanrobles virtualawlibrary

Rule 132, secs. 19(a) & 24

VENUE

of

B. AUTHENTICATION AND PROOF OF DOCUMENTS

DELA CRUZ, GRETCHEN MARI M.

ASSIGNMENT 1- CONFLICTS OF LAW
Sec.

19 . Classes

of

Documents. For

the

purpose

of

their

presentation evidence, documents are either public or private.

Public documents are:chanroblesvirtuallawlibrary
(a)The written official acts, or records of the official acts of the
sovereign authority, official bodies and tribunals, and public officers,
whether of the Philippines, or of a foreign country;
(b)Documents acknowledge before a notary public except last wills
and testaments; and
(c)Public records, kept in the Philippines, of private documents
required by law to the entered therein.
All other writings are private. (20a)
Sec. 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)