Start by doing whats necessary; then do whats possible; and suddenly you are doing the

impossible.

Article 1. This Act shall be known as the "Civil

Code of the Philippines." (n)
Article 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. (1a)
Ex. It is stated in the law that the law shall take
effect on July 1. The publication was done on June
30. The date of effectivity shall still be on July 1
since there was publication. But absent a date of
effectivity, then the law shall take effect 15 days
after the publication.
Publication
is
necessary
and
indispensable. It is intended for the people
to familiarize the law
There is a conclusive presumption that
publication = knowledge
Article 3. Ignorance of the law excuses no one
from compliance therewith. (2)

Mistake of fact vs. Ignorance of the law

Liability is mitigated or excused in mistake
of fact while ignorance of law is
unexcusable
Dura lex sed lex (the law may be harsh
but it is the law)

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 the laws or the Constitution. (5a)

Article 4. Laws shall have no retroactive effect,

unless the contrary is provided. (3)

Article 5. Acts executed against the provisions of

mandatory or prohibitory laws shall be void,
except when the law itself authorizes their
validity. (4a)

Article 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. (4a)
Article 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 Laws are repealed only by subsequent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.

Laws are repealed EXPRESSLY OR

IMPLIEDLY

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Express repeal occurs when the

legislature passes a new law which
expressly declares the repeal of an
old or existing law
Implied repeal takes place when a
new law contains provisions
contrary to or inconsistent with
those of the former without
expressly repealing them
If both statutes can stand together then
there is no repeal
Lapse of Law the lapse of period stated
by the law causing the death of the law
absent repeal
The law shall not die just because it has
not been used anymore or because it has
been violated
Law expressly repealed repeal (will not
revive the first law unless expressly
provided)
Law implied repeal repeal (revives the
previous law unless so provided)

The Constitution is the supreme law of the

land and all laws should adhere to it. It will
naturally prevail over all other laws
There is a presumption of constitutionality
of laws until declared unconstitutional
It shall first be given a meaning not in
conflict with the constitution
If only a portion of it is declared
unconstitutional then the courts may
declare partial unconstitutionality
provided that the portion or provision is
separable from the other provisions of the
statute
HEIRARCHY OF LAWS
1. Constitution
2. laws or statutes enacted by Congress
3. Administrative or Executive Acts
4. Orders and Regulations promulgated
by administrative agencies
A law is declared unconstitutional if:

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impossible.
Its enactment is not within the
legislative powers of Congress
Arbitrary methods may not have
been established
The purpose or effects violates the
Constitution or its basic principles
Article 8. Judicial decisions applying or
interpreting the laws or the Constitution shall
form a part of the legal system of the Philippines.
(n)

Decisions of the Supreme Court form part

of our legal system but they are not
considered as laws since the judiciary is
not allowed to legislate in lieu of the
Separation of Powers. They are mere
interpretation of the laws
Only decisions of the Supreme Court
establish Jurisprudence or doctrines in the
Philippines
Principle of Stare Decises
Decisions of the lower Court are only
persuasive in nature and do not have a
mandatory effect
However, a decision of the Court of
Appeals which is left undecided in the
Philippines may serve as a Judicial Guide
to the inferior courts
New doctrines shall be applied
prospectively and should not be applied to
parties who relied on the old doctrine and
acted on the faith thereof
Judicial decisions may be abrogated by
Contrary Ruling by the Supreme
Court
By corrective legislative acts of
Congress
- But the Congress cannot
alter the interpretation of a
constitutional provision for
this would be an
unwarranted assumption of
Judicial power

Article 9. No judge or court shall decline to

render judgment by reason of the silence,
obscurity or insufficiency of the laws. (6)

The judge is dutybound to render

judgment even if the law is silent or
obscure, on the basis of fairness and
justice (justice and equity)

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The judge may apply:

Decisions of foreign courts by
analogy
Customs and traditions
Opinions of highly qualified writers
Rules of statutory construction
Principles laid down in analogous
circumstances

Article 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)

Laws shall be applied as it is.

Interpretation exists only when there are
ambiguous provisions
In interpreting the law,, courts must
always bear in mind that the lawmaking
body who made the law intended right
and just to prevail

Article 11. Customs which are contrary to law,

public order or public policy shall not be
countenanced. (n)
Article 12. A custom must be proved as a fact,
according to the rules of evidence. (n)

Custom rule of conduct formed by

repetition of acts, uniformly observe and
practiced as a social rule, legally binding
and obligatory.
A custom must be proved as fact. It must
be properly established by competent
evidence
It may only be applied as a source of right
only in the absence of law.

Article 13. When the laws speak 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. (7a)

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impossible.

In computing a period, the first day shall

be excluded and the last day included
When the last day falls on a holiday or a
Sunday, the act shall be due on the day or
on the next working day depending if the
source of obligation arises from ordinary
contract or the procedures in the Rules of
Court respectively

Article 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)
Penal Laws those provided in the RPC and
Special Penal laws.
THEORIES OF TERRITORIALITY
GR: Our penal laws and those of public security
and safety shall apply to all those inside the
Philippine territory, whether one is a citizen of the
Philippines or a foreigner
Exception: When the foreigner is exempted from
the coverage of our penal laws because of the
principle of public international law or by treaty
stipulations
Take Note: Principle of Territoriality in Civil Code is
different from that of Political 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 living abroad. (9a)
NATIONALITY THEORY
A Filipino, wherever he may go, is governed by
the laws of the Philippines relating to family
rights and duties, status, condition and legal
capacity
The Nationality Theory also applies to
foreigners living in the Philippines. They
are governed by their National laws
Article 16. Real property as well as personal
property is subject to the law of the country
where it is situated
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
3 | P E R S O N S A N D FA M I LY R E L A T I O N S / L A E

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)
Lex Rei Sitae
Literally means the law of the place where the
real property is located. Real properties as well as
personal properties are governed by the law of
the country where the properties are located.
Exception: Successional rights
Renvioi Problem: if there are two rules in the
national law of the decedent that could be
applied, one is internal law while the other is
conflict rule, the latter should apply.
Article 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)

The law of the place where the contract

was executed determines the validity of
the contract
Even if the act is done abroad, if it is
executed before the Philippine diplomatic
and consular offices, the solemnities of
Philippine law shall e observed because
these offices are extension of Philippine
territory (Principle of Exterritoriality)

Article 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. (16a)

In a conflict between a special law and the

general law, the special law provides

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impossible.

However, there are instances where the

Civil Code prevails over the Code of
Commerce or other special laws if the Civil
Code so provides

Article 21. Any person who wilfully causes loss

or injury to another in manner that is contrary to
morals, good customs or public policy shall
compensate the latter for the damage.

CHAPTER 2
Human Relations (n)

Involves principles that are observed for the

rightful relationship between human beings and
the stability of social order

Article 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.
PRINCIPLE OF ABUSE OF RIGHTS
A Person has the right to exercise his rights, but
in so doing, he must be mindful of the rights of
other people.
Article 19 lays down the following
standards to be observed by everyone in
the exercise of their rights or the
performance of their duties
a) Act with justice
b) Give everyone his due, and
c) Observe honesty and good faith
When a right is exercised in a manner
which failed to conform with the norms
enshrined in Article 19 and results in
damage to another, a legal wrong is
thereby committed for which the
wrongdoer must be held responsible.
Elements of Abuse of Right
a) There is a legal right or duty;
b) Which is exercised in bad faith
c) For the sole intent of prejudicing or
injuring another
Article 20. Every person who, contrary to law,
wilfully or negligently causes damage to another,
shall indemnify the latter for the same.

Damages for Willful or Negligent Acts

Illegal acts done wilfully or negligently are
punishable. There is always liability for
damages
A person has no right to be indemnified if
he could not show that a right of his has
not been impaired

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In this article, the act is not necessarily

against the law but is contrary to morals,
good customs and public policy.
The act must be done wilfully

19, 20, 21 common: Obligation to pay damages.

This can be a ground for damages
19 and 21 contemplates of acts that are wilfully
done
While 20 is done negligently, basis for laws that
do not provide for damages
21 contemplates of an act that is legal but with
intent to injure another in a manner contrary to
moral, good customs or pulic policy

Article 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.
Article 23. Even when an act or event causing
damage to another's 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.
UNJUST ENRICHMENT
No person shall unjustly enrich himself at the
expense of the other (Nemo cum alterius
detriment protest)
2 TYPES:
a) Solutio indebiti if one pays another by
mistake, the latter is duty bound to return
it
b) Accion en rem verso if the payment is
done without mistake

There is unjust enrichment when a person

unjustly retains a benefit to the loss of
another, or when a person retains money
or property of another against the
fundamental principles of justice, equity
and good conscience
There is no unjust enrichment when the
person who will benefit has a valid claim
to such benefit

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impossible.
Article 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 other handicap, the
courts must be vigilant for his protection.

This provision finds meaning in the

principle of parens patriae which literally
mean parents of his country
The State has a sovereign power to
safeguard the rights of persons under
disability, such as the insane and the
incompetent
In case of doubt, the courts must resolve
the case in favor of the underdog

Article 25. Thoughtless extravagance in

expenses for pleasure or display during a period
of acute public want or emergency may be
stopped by order of the courts at the instance of
any government or private charitable institution.
Only charitable institutions, in form of
injunction may bring the action to court
To prevent the incite of passion of those
who cannot afford during extravagance
Article 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 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;
(4) Vexing or humiliating another on
account of his religious beliefs, lowly
station in life, place of birth, physical
defect, or other personal condition.

Intended to enhance human dignity and

personality. What is sought is due regard
for decency and propriety
Remedy of the offended party is to file an
action for damages, injunction or any
other relief
There is emphasis on the need to respect
a persons dignity, personality, privacy
and peace of mind

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Article 27. Any person suffering material or

moral loss because a public servant or employee
refuses or neglects, without just cause, to
perform his 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.
This article is intended for public officials
or employees who refuse or neglect to
perform their duties, which result to
damage or prejudice to another person
Article 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
highhanded method shall give rise to a right of
action by the person who thereby suffers
damage.
Article 29. When the accused in a criminal
prosecution is acquitted on the ground that his
guilt 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.
Article 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.
Article 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.

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impossible.
Article 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;

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.

(10) The liberty of abode and of changing

the same;

The indemnity shall include moral damages.

Exemplary damages may also be adjudicated.

(11) The privacy of communication and

correspondence;

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.

(12) The right to become a member of

associations or societies for purposes not
contrary to law;
(13) The right to take part in a peaceable
assembly to petition the Government for
redress of grievances;
(14) The right to be a 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 the accusation
against him, to have a speedy and public
6 | P E R S O N S A N D FA M I LY R E L A T I O N S / L A E

Article 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.
Article 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

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impossible.
be independent of any criminal proceedings, and
a preponderance of evidence shall suffice to
support such action.

Article 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 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.
Article 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.
A prejudicial question is one that arises in
a case, the resolution of which is the

7 | P E R S O N S A N D FA M I LY R E L A T I O N S / L A E

logical antecedent of the issue involved

therein, and the cognizance of which
pertains to another tribunal
There are always two cases involved a
criminal and a civil case
The criminal case will have to be
suspended because the issue in the civil
case is determinative of the guilt or
innocence of the accused in the criminal
case
Elements:
1. The civil action involves an issue
similar or intimately related to the
issue raised in the criminal action
2. The resolution of that issue
determines whether or not the
criminal action may proceed

GR: where both a criminal and civil case

arising from the same set of facts are filed in
court, the criminal case will always take
precedence
Exception:
1. When the Civil case is an independent
civil action
2. When there exists a prejudicial
question