CODAL PROVISIONS 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
NCC 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
Article 14. Penal laws and those of public security and safety shall be obligatory upon all who live places and for such time as the court may order. (16a)
or sojourn in the Philippine territory, subject to the principles of public international law and to
treaty stipulations. (8a) 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
Article 15. Laws relating to family rights and duties, or to the status, condition and legal capacity which is, property within the Philippines, in which the defendant has or claims a lien or interest,
of persons are binding upon citizens of the Philippines, even though living abroad. (9a) 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
Article 17. The forms and solemnities of contracts, wills, and other public instruments shall be
as under section 6; or by publication in a newspaper of general circulation in such places and for
governed by the laws of the country in which they are executed.
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
When the acts referred to are executed before the diplomatic or consular officials of the Republic the court may deem sufficient. Any order granting such leave shall specify a reasonable time,
of the Philippines in a foreign country, the solemnities established by Philippine laws shall be which shall not be less than sixty (60) days after notice, within which the defendant must answer.
observed in their execution. (17a)

Prohibitive laws concerning persons, their acts or property, and those which have for their object Section 16. Residents temporarily out of the Philippines. — When any action is commenced
public order, public policy and good customs shall not be rendered ineffective by laws or against a defendant who ordinarily resides within the Philippines, but who is temporarily out of it,
judgments promulgated, or by determinations or conventions agreed upon in a foreign country. service may, by leave of court, be also effected out of the Philippines, as under the preceding
(11a) section. (18a)

RPC NCC

Article 2. Application of its provisions. - Except as provided in the treaties and laws of preferential Article 15. Laws relating to family rights and duties, or to the status, condition and legal capacity
application, the provisions of this Code shall be enforced not only within the Philippine of persons are binding upon citizens of the Philippines, even though living abroad. (9a)
Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its
jurisdiction, against those who:
Article 16. Real property as well as personal property is subject to the law of the country where it
is stipulated.
1. Should commit an offense while on a Philippine ship or airship
However, intestate and testamentary successions, both with respect to the order of succession
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or and to the amount of successional rights and to the intrinsic validity of testamentary provisions,
obligations and securities issued by the Government of the Philippine Islands; 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
3. Should be liable for acts connected with the introduction into these islands of the may be found. (10a)
obligations and securities mentioned in the presiding number;
Article 17. The forms and solemnities of contracts, wills, and other public instruments shall be
4. While being public officers or employees, should commit an offense in the exercise of governed by the laws of the country in which they are executed.
their functions; or
When the acts referred to are executed before the diplomatic or consular officials of the Republic
5. Should commit any of the crimes against national security and the law of nations, of the Philippines in a foreign country, the solemnities established by Philippine laws shall be
defined in Title One of Book Two of this Code. observed in their execution.

ROC, Rule 14
Prohibitive laws concerning persons, their acts or property, and those which have for their object agent or by any officer in the foreign service of the Philippines stationed in the foreign country in
public order, public policy and good customs shall not be rendered ineffective by laws or which the record is kept, and authenticated by the seal of his office. (25a)
judgments promulgated, or by determinations or conventions agreed upon in a foreign country.
(11a)

Article 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)

Article 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)

Article 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)

Article 1039. Capacity to succeed is governed by the law of the nation of the decedent. (n)

ROC, Rule 132

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)

ROC, Rule 130

Section 46. Learned treatises. — A published treatise, periodical or pamphlet on a subject of

ROC, Rule 132

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