CIVIL CODE REVIEWER

(Culled from various sources)

R.A. 386 An Act to Ordain and Institute the Civil
Code of the Philippines

New Civil Code took effect on August 30, 1950

Civil Law branch of public law which governs the
relations of private individuals within the society.

LAW PERSONS AND FAMILY RELATIONS

I. EFFECT AND APPLICATION OF LAWS

Art. 1 This code shall be known as the Civil Code
of the Philippines.

Art. 2 Laws shall take effect after fifteen days
following the completion of their publication in the
Official gazette, unless it is otherwise provided.
This code shall take effect one year after such
publication.

E.O. 200 provides for publication either in the
Official Gazette or Newspaper of general circulation

Publication:
1. Condition sine qua non MANDATORY
2. Must be in full since its purpose is to inform
the public

Effect of publication: People are deemed to have
been conclusively notified of the law even if they
have not read them.

COVERAGE OF PUBLICATION:
1. PDs and Eos
2. IRRs, if their purpose is to enforce or
implement existing law pursuant to a valid
legislation
NOT COVERED:
1. Interpretative regulations and those
administrative regulations internal in nature
2. Letters of Instruction
3. Municipal ordinances (covered by the LGC)

ART. 3 Ignorance of the law excuses no one from
compliance therewith.

Ignorantia legis neminem excusat
Art. 3 applies only to Philippine law and not
to foreign law. Foreign law, whenever
applicable, must be proved by the
proponent thereof; otherwise it will be
presumed to be the exactly the same with
Philippine law (doctrine of processual
presumption).

Art. 4 Laws shall have no retroactive effect,
unless contrary is provided.
Lex de futuro judex de preterito (Law
provides for the future, the judge for the
past)

EXCEPTIONS: PIERCER
1. Penal laws when favorable to the accused
who is not a habitual delinquent, even
though at the time of the enactment final
judgement has already been rendered.
2. Interpretative statutes
3. When the law itself expressly provides,
except:
a. Ex post facto law
b. Laws impair obligations in a
contract
4. Remedial statutes as long as it does not
affect vested rights
5. Curative laws purpose is to cure defects or
imperfections in judicial or administrative
proceedings
6. Laws which are of emergency nature or are
authorized by police power
7. Laws creating new substantive rights unless
vested rights are impaired.

Art. 5 Acts executed against the provisions of
mandatory or prohibitory laws shall be void,
except when the law itself authorizes their validity.

Mandatory law prescribes some element as a
requirement

Prohibitory law forbids something

General Rule: Acts contrary to mandatory or
prohibitory laws are VOID.

Exceptions:
1. Law itself authorizes its validity (i.e. lotto)
2. Law makes the act only voidable and not
void (i.e. vitiated consent)
3. Law makes the act valid but punishes the
violator
4. Law makes the act void but recognizes legal
effects flowing therefrom
Art. 6 Rights may be waived, unless the waiver is
contrary to law, public order, public policy, morals,
or good customs, or prejudicial to a third person
with a right recognized by law.

General Rule: Rights may be waived.
Exceptions:
1. Waiver is contrary to law, public policy, morals
and good customs;
2. Waiver is prejudicial to third person

Requisite of a VALID WAIVER: (RCCLF)
1. The waiving party must actually have the
right he is renouncing.
2. He must have the full capacity to make the
waiver.
3. The waiver must be clear and unequivocal.
4. The waiver must not be contrary to law,
public order, public policy, morals or good
customs or prejudicial to a third person
with a right recognized by law.
5. When formalities are required; such must
be complied with.

Waivers which are contrary to law
1. Waiver of future inheritance
2. Waiver of future support
3. Waiver of political rights
Other examples of prohibited waivers:
1. Waiver of protection of pactum
commissorium
2. Waiver of employment benefits in advance
3. Waiver of minimum wage (i.e. to receive
less)
4. Waiver of right to revoke a will
5. Waiver of action against future fraud

Art. 7 Laws are repealed only by subsequent
ones, and their violation or non-observance shall
not be excused by disuse, or custom or practice to
the contrary.
When the courts declared a law to be
inconsistent with the Constitution, the former shall
be void and the latter shall govern.
Administrative or executive acts, orders
and regulations shall be valid only when they are
not contrary to laws or the Constitution.

REPEAL OF LAWS:
1. Express repeal repeal of repealing law will
not revive the old law (unless expressly
provided)
2. Implied repeal provision of the
subsequent law are incompatible with
those of the previous law. However, the
following must occur:
a. Both laws cover the same subject
matter
b. The latter law is repugnant to the
earlier law

Violation of law is not justified even if:
1. No one follows the law
2. There is a custom to the contrary

Art. 8 Judicial decisions applying or interpreting
the laws or the Constitution shall form part of the
legal system of the Philippines.

Art. 9 No judge or court shall decline to render
judgment by reason of the silence, obscurity or
insufficiency of the laws.
A judge must decide the case assigned to him
whether or not he knows what law shall be applied.
In case of silence or insufficiency of the law, a judge
may still be guided by the following:
1. Customs which are not contrary to law,
public order or public policy;
2. Court decisions, foreign or local, in similar
cases;
3. Legal opinions of qualified writers and
professors;
4. General principls of justice and equity; and
5. Rules of Statutory construction.

In criminal cases, however, it is an established rule
that there is no crime where there is no law
punishing it Nulla poena sine lege. The judge
must dismiss the case if there is no law punishing it.

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.

Art. 11 Customs which are contrary to law, public
order or public policy shall not be countenanced.

Art. 12 A custom must be proved a fact,
according to the rules of evidence.

Custom rules of conduct formed by repetition of
acts, uniformly observed as a social rule, legally
binding and obligatory

Requisite for making CUSTOM an OBLIGATORY
RULE: (PPOT)
1. Plurality of acts or acts have been
repeatedly done
2. Generally practiced by the great mass of the
social group
3. Community accepts it as a proper way of
acting, such that it is considered obligatory
upon all.
4. The practice has been going on for a long
period of time

Judicial Custom supplement statutory law or
applied in the absence of statute.

Note: Custom, even if proven, CANNOT prevail over
a statutory rule or even a legal rule enunciated by
Supreme Court.

Art. 13 When the law speaks of years, months,
days or nights, it shall be understood that years
are of three hundred sixty-five days each; months,
of thirty days; days, of twenty-four hours; and
nights from sunset to sunrise.
If months are designated by their name,
they shall be computed by the number of days
which they respectively have.
In computing a period, the first day shall
be excluded, and the last day included.

Under E.O. 292, year is now understood to be 12
months.

II. CONFLICTS OF LAW PROVISIONS

Art. 14 Penal laws and those of public security
and safety shall be obligatory upon all who live
and sojourn in the Philippine territory, subject to
the principles of public international law and to
treaty stipulations.

Two principles:
1. Territoriality
General Rule: Criminal law apply only in
Philippine territory.
Exception: Art 2 of RPC
2. Generality
General Rule: Criminal law apply to
everyone in the territory (citizens and
aliens)
Exceptions: (All the Philippines can do is
expel them)
1. Treaty stipulations which exempt some
persons within the jurisdiction of
Philippine courts (e.g. bases agreement)
2. Heads of State and Ambassadors
(Note: Consuls are subject to
jurisdiction of our criminal courts.)

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.

Theories on Personal Law:
1. Domiciliary theory personal laws of a
person are determined by his domicile
2. Nationality theory nationality or
citizenship determines the personal laws of
the individual
*Philippines follows Nationality theory (Lex
Nationalis).

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.

Lex situs or lex rei sitae principle which applies the
law of the place where real/personal property is
situated.

RULES ON INTRINSIC VALIDITY OF CONTRACTS:
1. Law stipulated by the parties
2. Parties are of the same nationality, their
national law applies
3. Different nationality, law of the place of the
perfection of the obligation or of the
performance
4. If above places are not specified and cannot
be deduced from the nature and
circumstances of the obligation, then the
law of the passive subject shall apply
5. RENVOI DOCTRINE: Where the conflict
rules of the forum refer to a foreign law,
and the latter refers it back to the internal
law, the latter law shall apply.
If the foreign law refers it to a third country,
the said countrys law shall govern
(Transmission Theory).

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.

Lex loci celebrationis principle which applies the
law of the place where the contract was executed
as far as the formalities and solemnities (extrinsic
validity) are concerned.

LEX
NATIONALIS
LEX REI SITAE
LEX LOCI
CELEBRATIONIS
Art 15 Art 16 Art 17
Basis:
Citizenship
Law of the
place where
the property is
Law of the
place where
the contract
situated was executed
Coverage:
Family rights
and duties,
status,
condition and
legal capacity
Real and
personal
property
Only forms and
solemnities
(extrinsic
validity)
Exception: Art
26, par. 2 of
family code
(mixed
marriage and
divorce)
1. Capacity to
succeed
2. Intrinsic
validity of
the will
3. Amount of
succession
al rights
4. Order of
succession
1. Art 26, par.
1 of the
family code
(marriage
among
Filipinos
solemnized
abroad)
2. Intrinsic
validity of
contracts

Art. 18 In matters which are governed by the
Code of Commerce and special laws, their
deficiency shall be supplied by the provisions of
this Code.

III. HUMAN RELATIONS

Art. 19 Every person must, in the exercise of his
rights and in the performance of his duties, act
with justice, give everyone his due, and observe
honesty and good faith.

Art. 20 Every person who, contrary to law,
willfully or negligently causes damage to another,
shall indemnify the latter for the same.

Art. 21 Any person who willfully 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.

Art. 22 Every person who through an act of
performance by another, or any other means,
acquires or comes into possession of something at
the expense of the latter without just or legal
ground, shall return the same to him.

Art. 23 Even when an act or event causing
damage to anothers property was not due to the
fault or negligence of the defendant, the latter
shall be liable for indemnity if through the act or
event, he was benefited.

Art. 24 In all contractual, property or other
relations, when one of the parties is at a
disadvantage on account of his moral dependence,
ignorance, indigence, mental weakness, tender age
or handicap, the courts must be vigilant for his
protection.

Art. 25 Thoughtless extravagance in expenses for
pleasure or display during a period of public want
or emergency may be stopped by order of the
courts at the instance of any government or
private charitable institutions.

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:
(1) Prying into the privacy of anothers
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;
(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. 27 Any person suffering material or moral
loss because a public servant or employee refuses
or neglects, without just cause, to perform is
official duty may file an action for damages and
other relief against the latter, without prejudice to
any disciplinary administrative action that may be
taken.

Art. 28 Unfair competition in agricultural,
commercial or industrial enterprises or in labor
through the use of force, intimidation, deceit,
machination or any other unjust, oppressive or
high-handed method shall give rise to a right of
action by the person who thereby suffers damage.

Art. 29 When the accused in a criminal
prosecution is acquitted on the ground that his
quilt has not been proved beyond reasonable
doubt, a civil action for damages for the same act
or omission may be instituted. Such action
requires only a preponderance of evidence. Upon
motion of the defendant, the court may require
the plaintiff to file a bond to answer for damages
in case the complaint should be found to be
malicious.
If in a criminal case the judgment of
acquittal is based upon reasonable doubt, the
court shall so declare. In the absence of any
declaration to that effect, it may be inferred from
the text of the decision whether or not the
acquittal is due to that ground.

Art. 30 When a separate civil action is brought to
demand civil liability arising from a criminal
offense, and no criminal proceedings are instituted
during the pendency of the civil case, a
preponderance of evidence shall likewise be
sufficient to prove the act complained of.

Art. 31 When the civil action is based on an
obligation not arising from the act or omission
complained of as a felony, such civil action may
proceed independently of the criminal proceedings
and regardless of the result of the latter.

Art. 32 Any public officer or employee, or any
private individual, who directly or indirectly
obstructs, defeats, violates or in any manner
impedes or impairs any of the following rights and
liberties of another person shall be liable to the
latter for damages:
(1) Freedom of religion;
(2) Freedom of speech;
(3) Freedom to write for the press or to
maintain a periodical publication;
(4) Freedom from arbitrary or illegal detention;
(5) Freedom of suffrage;
(6) The right against deprivation of property
without due process of law;
(7) The right to a just compensation when
private property is taken for public use;
(8) The right to the equal protection of the
laws;
(9) The right to be secure in one's person,
house, papers, and effects against
unreasonable searches and seizures;
(10) The liberty of abode and of changing the
same;
(11) The privacy of communication and
correspondence;
(12) The right to become a member of
associations or societies for purposes not
contrary to law;
(13) The right to take part in peaceable
assembly to petition the Government for
redress of grievances;
(14) The right to be free from involuntary
servitude in any form;
(15) The right of the accused against excessive
bail;
(16) The right of the accused to be heard by
himself and counsel, to be informed of the
nature and cause of accusation against him, to
have a speedy and public trial, to meet the
witnesses face to face, and to have compulsory
process to secure the attendance of witness in
his behalf;
(17) Freedom from being compelled to be a
witness against one's self, or from being forced
to confess guilt, or from being induced by a
promise of immunity or reward to make such
confession, except when the person confessing
becomes a State witness;
(18) Freedom from excessive fines, or cruel and
unusual punishment, unless the same is
imposed or inflicted in accordance with a
statute which has not been judicially declared
unconstitutional; and
(19) Freedom of access to the courts.
In any of the cases referred to in this
article, whether or not the defendant's act or
omission constitutes a criminal offense, the
aggrieved party has a right to commence an
entirely separate and distinct civil action for
damages, and for other relief. Such civil action
shall proceed independently of any criminal
prosecution (if the latter be instituted), and may
be proved by a preponderance of evidence.
The indemnity shall include moral
damages. Exemplary damages may also be
adjudicated.
The responsibility herein set forth is not
demandable from a judge unless his act or
omission constitutes a violation of the Penal Code
or other penal statute.

Art. 33 In cases of defamation, fraud, and
physical injuries, a civil action for damages,
entirely separate and distinct from the criminal
action, may be brought by the injured party. Such
civil action shall proceed independently of the
criminal prosecution, and shall require only a
preponderance of evidence.

Art. 34 When a member of a city or municipal
police force refuses or fails to render aid or
protection to any person in case of danger to life
or property, such peace officer shall be primarily
liable for damages, and the city or municipality
shall be subsidiarily responsible therefor. The civil
action herein recognized shall be independent of
any criminal proceedings, and a preponderance of
evidence shall suffice to support such action.

Art. 35 When a person, claimining 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 ground to
believe that a crime has been committed, or the
prosecuting attorney refuses or fails to institute
criminal proceedings, the complainant 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
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 Prejudicial 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.

BOOK I. PERSONS

TITLE I. CIVIL PERSONALITY