ARTICLE IV

CITIZENSHIP

deemed, under the law to have renounced

it.

Section 1. The following are citizens of the

Section 5. Dual allegiance of citizens is

Philippines:

inimical to the national interest and shall be

dealt with by law.

1. Those who are citizens of the

Philippines at the time of the

Article 14. Penal laws and those of public

adoption of this Constitution;

security and safety shall be obligatory upon

2. Those whose fathers or mothers are

all who live or sojourn in the Philippine

citizens of the Philippines;

territory, subject to the principles of public

3. Those born before January 17,

international law and to treaty stipulations.

1973, of Filipino mothers, who elect

(8a)

Philippine Citizenship upon reaching

the age of majority; and
4. Those who are naturalized in the
accordance with law.

Article 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

Section 2. Natural-born citizens are those

living abroad. (9a)

who are citizens of the Philippines from birth

without having to perform any act to acquire

Article 16. Real property as well as

or perfect their Philippine citizenship. Those

personal property is subject to the law of the

who elect Philippine citizenship in

country where it is stipulated.

accordance with paragraph (3), Section 1

hereof shall be deemed natural-born
citizens.

However, intestate and testamentary

successions, both with respect to the order
of succession and to the amount of

Section 3. Philippine citizenship may be

successional rights and to the intrinsic

lost or reacquired in the manner provided by

validity of testamentary provisions, shall be

law.

regulated by the national law of the person

whose succession is under consideration,

Section 4. Citizens of the Philippines who

whatever may be the nature of the property

marry aliens shall retain their citizenship,

and regardless of the country wherein said

unless by their act or omission they are

property may be found. (10a)

Article 17. The forms and solemnities of

Article 817. A will made in the Philippines

contracts, wills, and other public instruments

by a citizen or subject of another country,

shall be governed by the laws of the country

which is executed in accordance with the

in which they are executed.

law of the country of which he is a citizen or

subject, and which might be proved and

When the acts referred to are executed

allowed by the law of his own country, shall

before the diplomatic or consular officials of

have the same effect as if executed

the Republic of the Philippines in a foreign

according to the laws of the Philippines. (n)

country, the solemnities established by

Philippine laws shall be observed in their

Article 818. Two or more persons cannot

execution.

make a will jointly, or in the same

instrument, either for their reciprocal benefit

Prohibitive laws concerning persons, their

or for the benefit of a third person. (669)

acts or property, and those which have for

their object public order, public policy and

Article 819. Wills, prohibited by the

good customs shall not be rendered

preceding article, executed by Filipinos in a

ineffective by laws or judgments

foreign country shall not be valid in the

promulgated, or by determinations or

Philippines, even though authorized by the

conventions agreed upon in a foreign

laws of the country where they may have

country. (11a)

been executed. (733a)

Article 815. When a Filipino is in a foreign

Article 1039. Capacity to succeed is

country, he is authorized to make a will in

governed by the law of the nation of the

any of the forms established by the law of

decedent. (n)

the country in which he may be. Such will

may be probated in the Philippines. (n)

Article 1319. Consent is manifested by the

meeting of the offer and the acceptance

Article 816. The will of an alien who is

upon the thing and the cause which are to

abroad produces effect in the Philippines if

constitute the contract. The offer must be

made with the formalities prescribed by the

certain and the acceptance absolute. A

law of the place in which he resides, or

qualified acceptance constitutes a counter-

according to the formalities observed in his

offer.

country, or in conformity with those which

this Code prescribes. (n)

Article 1753. The law of the country to

which the goods are to be transported shall

govern the liability of the common carrier for

action, suit or proceeding in any court or

their loss, destruction or deterioration.

administrative agency of the Philippines; but

such corporation may be sued or proceeded

TITLE XV
FOREIGN CORPORATIONS
Section 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

against before Philippine courts or

administrative tribunals on any valid cause
of action recognized under Philippine laws.
(69a)
FC
Art. 10. Marriages between Filipino citizens
abroad may be solemnized by a consulgeneral, consul or vice-consul of the
Republic of the Philippines. The issuance of
the marriage license and the duties of the
local civil registrar and of the solemnizing
officer with regard to the celebration of
marriage shall be performed by said
consular official. (75a)

government agency. (n)

Art. 21. When either or both of the

Section 129. Law applicable. Any foreign

contracting parties are citizens of a foreign

corporation lawfully doing business in the

country, it shall be necessary for them

Philippines shall be bound by all laws, rules

before a marriage license can be obtained,

and regulations applicable to domestic

to submit a certificate of legal capacity to

corporations of the same class, except such

contract marriage, issued by their respective

only as provide for the creation, formation,

diplomatic or consular officials.

organization or dissolution of corporations

or those which fix the relations, liabilities,

Stateless persons or refugees from other

responsibilities, or duties of stockholders,

countries shall, in lieu of the certificate of

members, or officers of corporations to each

legal capacity herein required, submit an

other or to the corporation. (73a)

affidavit stating the circumstances showing

Section 133. Doing business without a

such capacity to contract marriage. (66a)

license. No foreign corporation transacting

business in the Philippines without a

Art. 26. All marriages solemnized outside

license, or its successors or assigns, shall

the Philippines, in accordance with the laws

be permitted to maintain or intervene in any

in force in the country where they were

solemnized, and valid there as such, shall

(4) Those bigamous or polygamous

also be valid in this country, except those

marriages not failing under Article

prohibited under Articles 35 (1), (4), (5) and

41;

(6), 3637 and 38. (17a)

(5) Those contracted through
Where a marriage between a Filipino citizen

mistake of one contracting party as

and a foreigner is validly celebrated and a

to the identity of the other; and

divorce is thereafter validly obtained abroad

by the alien spouse capacitating him or her

(6) Those subsequent marriages

to remarry, the Filipino spouse shall have

that are void under Article 53.

capacity to remarry under Philippine law.

(As amended by Executive Order 227)
Chapter 3. Void and Voidable Marriages

Art. 36. A marriage contracted by any party

who, at the time of the celebration, was
psychologically incapacitated to comply with
the essential marital obligations of marriage,

Art. 35. The following marriages shall be

shall likewise be void even if such

void from the beginning:

incapacity becomes manifest only after its

solemnization. (As amended by Executive

(1) Those contracted by any party

Order 227)

below eighteen years of age even

with the consent of parents or

Art. 37. Marriages between the following are

guardians;

incestuous and void from the beginning,

whether relationship between the parties be

(2) Those solemnized by any person

legitimate or illegitimate:

not legally authorized to perform

marriages unless such marriages

(1) Between ascendants and

were contracted with either or both

descendants of any degree; and

parties believing in good faith that

the solemnizing officer had the legal

(2) Between brothers and sisters,

authority to do so;

whether of the full or half blood.

(81a)

(3) Those solemnized without

license, except those covered the

Art. 38. The following marriages shall be

preceding Chapter;

void from the beginning for reasons of

public policy:

(1) Between collateral blood

and falling under Article 36, such action or

relatives whether legitimate or

defense shall prescribe in ten years after

illegitimate, up to the fourth civil

this Code shall taken effect. (As amended

degree;

by Executive Order 227) (n)

(2) Between step-parents and step-

Art. 80. In the absence of a contrary

children;

stipulation in a marriage settlement, the

property relations of the spouses shall be

(3) Between parents-in-law and

governed by Philippine laws, regardless of

children-in-law;

the place of the celebration of the marriage

(4) Between the adopting parent and

and their residence.

the adopted child;

This rule shall not apply:

(5) Between the surviving spouse of

(1) Where both spouses are aliens;

the adopting parent and the adopted

child;

(2) With respect to the extrinsic

validity of contracts affecting

(6) Between the surviving spouse of

property not situated in the

the adopted child and the adopter;

Philippines and executed in the

(7) Between an adopted child and a

legitimate child of the adopter;
(8) Between adopted children of the
same adopter; and

country where the property is

located; and
(3) With respect to the extrinsic
validity of contracts entered into in
the Philippines but affecting property

(9) Between parties where one, with

situated in a foreign country whose

the intention to marry the other,

laws require different formalities for

killed that other person's spouse, or

its extrinsic validity. (124a)

his or her own spouse. (82)

Art. 39. The action or defense for the
declaration of absolute nullity shall not
prescribe. However, in case of marriage
celebrated before the effectivity of this Code