Codal Provisions - Fishbowl

8/13/2019 Codal Provisions - Fishbowl

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CONFLICTS OF LAW - ATTY. GULAPA

SECTION TOPIC PROVISION

1987 CONSTITUTION

Art. 4, Sec. 1 Citizens The following are citizens of the Philippines:1. Those who are citizens of the Philippines at the time of the adoption ofthis 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; and4. Those who are naturalized in the accordance with law.Art. 4, Sec. 2 Natural Born

CitizensNatural-born citizens are those who are citizens of the Philippines frombirth without having to perform any act to acquire or perfect theirPhilippine citizenship. Those who elect Philippine citizenship in accordancewith paragraph (3), Section 1 hereof shall be deemed natural-born citizens.

Art. 4, Sec. 3 Loss /Reacquisition

Philippine citizenship may be lost or reacquired in the manner provided bylaw.

Art. 4, Sec. 4 Retention Citizens of the Philippines who marry aliens shall retain their citizenship,unless by their act or omission they are deemed, under the law to haverenounced it.

Art. 4, Sec. 5 Dual Allegiance Dual allegiance of citizens is inimical to the national interest and shall bedealt with by law.CIVIL CODE OF THE PHILIPPINES

Article 14 Penal Laws Penal laws and those of public security and safety shall be obligatory uponall who live or sojourn in the Philippine territory, subject to the principles ofpublic international law and to treaty stipulations. (8a)

Article 15 Family Rigts,Duties, S-C-LC

Laws relating to family rights and duties, or to the status, condition andlegal capacity of persons are binding upon citizens of the Philippines, eventhough living abroad. (9a)

Article 16 Property Real property as well as personal property is subject to the law of thecountry where it is stipulated.

However, intestate and testamentary successions, both with respect to theorder of succession and to the amount of successional rights and to theintrinsic validity of testamentary provisions, shall be regulated by thenational law of the person whose succession is under consideration,whatever may be the nature of the property and regardless of the countrywherein said property may be found. (10a)

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

When the acts referred to are executed before the diplomatic or consularofficials of the Republic of the Philippines in a foreign country, thesolemnities established by Philippine laws shall be observed in theirexecution.

Prohibitive laws concerning persons, their acts or property, and thosewhich have for their object public order, public policy and good customsshall not be rendered ineffective by laws or judgments promulgated, or bydeterminations or conventions agreed upon in a foreign country. (11a)

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Article 815 Filipino - will(outside RP)

When a Filipino is in a foreign country, he is authorized to make a will inany of the forms established by the law of the country in which he may be.Such will may be probated in the Philippines. (n)

Article 816 Alien will The will of an alien who is abroad produces effect in the Philippines if madewith 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)Article 818 Joint will /Reciprocal will

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)

Article 819 J/R Will (outsideRP)

Wills, prohibited by the preceding article, executed by Filipinos in a foreigncountry shall not be valid in the Philippines, even though authorized by thelaws of the country where they may have been executed. (733a)

Article 829 Revocation A revocation done outside the Philippines, by a person who does not havehis domicile in this country, is valid when it is done according to the law ofthe place where the will was made, or according to the law of the place inwhich 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 thisCode. (n)Article 1039 Capacity to

succeedCapacity to succeed is governed by the law of the nation of the decedent. (n)

Article 1319 Consent Consent is manifested by the meeting of the offer and the acceptance uponthe thing and the cause which are to constitute the contract. The offer mustbe certain and the acceptance absolute. A qualified acceptance constitutes acounter-offer.

Acceptance made by letter or telegram does not bind the offerer exceptfrom the time it came to his knowledge. The contract, in such a case, ispresumed to have been entered into in the place where the offer was made.(1262a)

Article 1753 Common Carrier The law of the country to which the goods are to be transported shallgovern the liability of the common carrier for their loss, destruction ordeterioration.

CORPORATION CODE

Article 123 Defn & Rights ofFC

Definition and rights of foreign corporations. - For the purposes of thisCode, a foreign corporation is one formed, organized or existing under anylaws other than those of the Philippines and whose laws allow Filipinocitizens and corporations to do business in its own country or state. It shallhave the right to transact business in the Philippines after it shall haveobtained a license to transact business in this country in accordance withthis Code and a certificate of authority from the appropriate governmentagency. (n)

Article 129 Law Applicable Law applicable. - Any foreign corporation lawfully doing business in thePhilippines shall be bound by all laws, rules and regulations applicable todomestic corporations of the same class, except such only as provide for thecreation, formation, organization or dissolution of corporations or thosewhich fix the relations, liabilities, responsibilities, or duties of stockholders,members, or officers of corporations to each other or to the corporation.(73a)

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Article 132 Merger /Consolidationinvolving FC

Merger or consolidation involving a foreign corporation licensed in thePhilippines. - One or more foreign corporations authorized to transactbusiness in the Philippines may merge or consolidate with any domesticcorporation or corporations if such is permitted under Philippine laws andby the law of its incorporation: Provided, That the requirements on mergeror consolidation as provided in this Code are followed.

Whenever a foreign corporation authorized to transact business in thePhilippines shall be a party to a merger or consolidation in its home countryor state as permitted by the law of its incorporation, such foreigncorporation shall, within sixty (60) days after such merger or consolidationbecomes effective, file with the Securities and Exchange Commission, and inproper cases with the appropriate government agency, a copy of the articlesof merger or consolidation duly authenticated by the proper official orofficials of the country or state under the laws of which merger orconsolidation was effected: Provided, however, That if the absorbedcorporation is the foreign corporation doing business in the Philippines, thelatter shall at the same time file a petition for withdrawal of it l icense inaccordance with this Title. (n)

FAMILY CODE OF THE PHILIPPINES

Article 10 Consul-general Marriages between Filipino citizens abroad may be solemnized by a consul-general, consul or vice-consul of the Republic of the Philippines. Theissuance of the marriage license and the duties of the local civil registrarand of the solemnizing officer with regard to the celebration of marriageshall be performed by said consular official. (75a)

Article 21 Alien spouse When either or both of the contracting parties are citizens of a foreigncountry, it shall be necessary for them before a marriage license can beobtained, 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 thecertificate of legal capacity herein required, submit an affidavit stating thecircumstances showing such capacity to contract marriage. (66a)

Article 26 Marriages outsideRP

All marriages solemnized outside the Philippines, in accordance with thelaws in force in the country where they were solemnized, and valid there assuch, shall also be valid in this country, except those prohibited underArticles 35 (1), (4), (5) and (6), 3637 and 38. (17a)

Where a marriage between a Filipino citizen and a foreigner is validlycelebrated and a divorce is thereafter validly obtained abroad by the alienspouse capacitating him or her to remarry, the Filipino spouse shall havecapacity to remarry under Philippine law. (As amended by Executive Order227)

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Article 35 Void ab initio The following marriages shall be void from the beginning:(1) Those contracted by any party below eighteen years of age even withthe consent of parents or guardians;(2) Those solemnized by any person not legally authorized to performmarriages unless such marriages were contracted with either or bothparties believing in good faith that the solemnizing officer had the legal

authority to do so;(3) Those solemnized without license, except those covered the precedingChapter;(4) Those bigamous or polygamous marriages not failing under Article 41;(5) Those contracted through mistake of one contracting party as to theidentity of the other; and(6) Those subsequent marriages that are void under Article 53.

Article 36 PsychologicalIncapacity

A marriage contracted by any party who, at the time of the celebration, waspsychologically incapacitated to comply with the essential maritalobligations of marriage, shall likewise be void even if such incapacitybecomes manifest only after its solemnization. (As amended by Executive

Order 227)Article 37 IncestuousMarriages

Marriages between the following are incestuous and void from thebeginning, whether relationship between the parties be legitimate orillegitimate:(1) Between ascendants and descendants of any degree; and(2) Between brothers and sisters, whether of the full or half blood. (81a)

Article 38 Void Marriages byreason of publicpolicy

The following marriages shall be void from the beginning for reasons ofpublic policy:(1) Between collateral blood relatives whether legitimate or illegitimate, upto 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 adoptedchild;(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, killedthat other person's spouse, or his or her own spouse. (82)

Article 80 Property Relations In the absence of a contrary stipulation in a marriage settlement, theproperty relations of the spouses shall be governed by Philippine laws,regardless of the place of the celebration of the marriage and theirresidence.

This rule shall not apply:(1) Where both spouses are aliens;(2) With respect to the extrinsic validity of contracts affecting property notsituated in the Philippines and executed in the country where the propertyis located; and(3) With respect to the extrinsic validity of contracts entered into in thePhilippines but affecting property situated in a foreign country whose lawsrequire different formalities for its extrinsic validity. (124a)

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REVISED PENAL CODE

Article 2 ExtraterritorialityPrinciple

Application of its provisions. - Except as provided in the treaties and laws ofpreferential application, the provisions of this Code shall be enforced notonly within the Philippine Archipelago, including its atmosphere, its interiorwaters and maritime zone, but also outside of its jurisdiction, against thosewho:

1. Should commit an offense while on a Philippine ship or airship2. Should forge or counterfeit any coin or currency note of the PhilippineIslands or obligations and securities issued by the Government of thePhilippine Islands;3. Should be liable for acts connected with the introduction into theseislands of the obligations and securities mentioned in the presiding number;4. While being public officers or employees, should commit an offense in theexercise of their functions; or5. Should commit any of the crimes against national security and the law ofnations, defined in Title One of Book Two of this Code.

RULES OF COURT

Rule 4, Sec 2 Venue of PersonalActions

Venue of personal actions. All other actions may be commenced and triedwhere the plaintiff or any of the principal plaintiffs resides, or where thedefendant or any of the principal defendants resides, or in the case of a non-resident defendant where he may be found, at the election of the plaintiff.(2[b]a)

Rule 8, Sec 6 Judgment Judgment. In pleading a judgment or decision of a domestic or foreigncourt, judicial or quasi-judicial tribunal, or of a board or officer, it issufficient to aver the judgment or decision without setting forth mattershowing jurisdiction to render it. (6)

Rule 11, Sec 2 Answer of FE Answer of a defendant foreign private juridical entity. Where thedefendant is a foreign private juridical entity and service of summons ismade on the government official designated by law to receive the same, theanswer shall be filed within thirty (30) days after receipt of summons bysuch entity. (2a)

Rule 14, Sec 12 Service upon FE Service upon foreign private juridical entities. When the defendant is aforeign private juridical entity which has transacted business in thePhilippines, service may be made on its resident agent designated inaccordance with law for that purpose, or, if there be no such agent, on thegovernment official designated by law to that effect, or on any of its officersor agents within the Philippines. (14a)

Rule 14, Sec 14 Service bypublication

Service upon defendant whose identity or whereabouts are unknown. Inany action where the defendant is designated as an unknown owner, or thelike, or whenever his whereabouts are unknown and cannot be ascertainedby diligent inquiry, service may, by leave of court, be effected upon him bypublication in a newspaper of general circulation and in such places and forsuch time as the court may order. (16a)

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Rule 73, Sec 1 Venue of EstateSettlement

Where estate of deceased persons settled. If the decedents is aninhabitant of the Philippines at the time of his death, whether a citizen or analien, his will shall be proved, or letters of administration granted, and hisestate settled, in the Court of First Instance in the province in which heresides at the time of his death, and if he is an inhabitant of a foreigncountry, 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 adecedent, shall exercise jurisdiction to the exclusion of all other courts. Thejurisdiction assumed by a court, so far as it depends on the place ofresidence of the decedent, or of the location of his estate, shall not becontested in a suit or proceeding, except in an appeal from that court, in theoriginal case, or when the want of jurisdiction appears on the record.

Rule 77, Sec 1 Allowance of willsproven outside RP

Will proved outside Philippines may be allowed here. Wills proved andallowed in a foreign country, according to the laws of such country, may beallowed, filed, and recorded by the proper Court of First Instance in thePhilippines.

Rule 92, Sec 1 Venue of

Guardianship

Where to institute proceedings. Guardianship of a person or estate of a

minor or incompetent may be instituted in the Court of First Instance of theprovince, or in the justice of the peace court of the municipality, or in themunicipal court chartered city where the minor or incompetent personsresides, and if he resides in a foreign country, in the Court of First Instanceof the province wherein his property or the party thereof is situated;provided, however, that where the value of the property of such minor orincompetent exceeds that jurisdiction of the justice of the peace ormunicipal court, the proceedings shall be instituted in the Court of FirstInstance.

In the City of Manila the proceedings shall be instituted in the Juvenile andDomestic Relations Court.

Rule 131, Sec3(n)

DisputablePresumption -Court / Judge

Disputable presumptions. The following presumptions are satisfactory ifuncontradicted, but may be contradicted and overcome by other evidence:xxx(n) That a court, or judge acting as such, whether in the Philippines orelsewhere, was acting in the lawful exercise of jurisdiction;xxx

Rule 131, Sec19(a)

Public Documents -Official Acts

Classes of Documents. For the purpose of their presentation evidence,documents are either public or private.

Public documents are:(a) The written official acts, or records of the official acts of the sovereignauthority, official bodies and tribunals, and public officers, whether of thePhilippines, or of a foreign country;xxx

All other writings are private. (20a)

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Rule 131, Sec 24 Proof of OfficialRecord

Proof of official record. The record of public documents referred to inparagraph (a) of Section 19, when admissible for any purpose, may beevidenced by an official publication thereof or by a copy attested by theofficer having the legal custody of the record, or by his deputy, andaccompanied, if the record is not kept in the Philippines, with a certificatethat 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 theembassy or legation, consul general, consul, vice consul, or consular agentor by any officer in the foreign service of the Philippines stationed in theforeign country in which the record is kept, and authenticated by the seal ofhis office. (25a)

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