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CIVIL CODE OF THE PHILIPPINES

Chapter 1 EFFECT AND APPLICATION OF


LAWS
Article 1. This Act shall be known as the
Civil Code of the Philippines.
REPUBLIC ACT NUMBER 386. The main draft
of the Civil Code was prepared by the Roxas
Code Commission, which was created via
Executive Order No. 48 of March 20, 1947 by
President Manuel Roxas.
An Act to Ordain and Institute the Civil
Code of the Philippines
Article 2. Laws shall take effect after
fteen days following the completion of
their publication in the Ofcial Gazette,
unless it is otherwise provided. This
Code shall take effect one year after
publication.

EFFECTIVITY OF THE CIVIL CODE. The


1950 Civil Code of the Philippines took
effect on August 30, 1950.

EXECUTIVE ORDER NO. 200 - Providing for


the publication of laws either in the
official gazette or in a newspaper of
general circulation in the Philippines as a
requirement for their effectivity.

EFFECTIVITY OF LAWS - When a statute


does not explicitly provide for its
effectivity, it shall have effect only after
the expiration of the fteen-day period
following the completion of its publication
either in the Ofcial Gazette or in a
newspaper of general circulation in the
Philippines.
necessary requisites and no one shall be
charged with notice of the statutes
provision until the said publication is
completed and the fteen-day period has
expired.

Taada v. Tuvera, 146 SCRA 446


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

REASON. The legal precept that ignorance


of the law excuses no one from compliance
therewith is founded not only on expediency
and policy but on necessity (Zulueta v.
Zulueta, 1 Phil. 254; U.S. v. Gray, 8 Phil. 506;
U.S. v. Deloso, 11 Phil. 180; Delgado v.
Alonso, 44 Phil. 739).
necessary consequence of the mandatory
provision that all laws must be published.
Without such notice and publication, there
will be no basis for the application of the
maxim ignorantia legis non excusat. It
would be the height of injustice to punish or
otherwise
burden
a
citizen
for
the
transgression of a law of which he had no
notice whatsoever, not even a constructive
one (Taada v. Tuvera, 136 SCRA 27).
Article 4. Laws shall have no retroactive
effect, unless the contrary is provided.
(3)

NON-RETROACTIVITY OF LAWS. Law looks to


the future and has no retroactive effect
unless the legislature may have given that
effect to some legal provisions, and that
statutes are to be construed as having only
prospective operation, unless the purpose
and intention of the legislature to give them a
retrospective effect is expressly declared or is
necessarily implied from the language used,
and that, in case of doubt, the same must be
resolved against the retrospective effect
(Buyco v. PNB, 2 SCRA 682; Lazaro v.
Commissioner of Customs, 17 SCRA 37;
Universal Corn Products, Inc. vs. Rice and
Corn Board, 20 SCRA 1048; Cebu Portland
Cement Co. vs. CIR, 25 SCRA 789).
RETROACTIVE APPLICATION. Well-settled is
the principle that while the legislature has the
power to pass retroactive laws which do not
impair the obligation of contracts, or affect
injuriously vested rights, it is equally true that
statutes are not to be construed as intended
to have a retroactive effect so as to affect the
pending proceedings, unless such intent is
expressly declared or clearly and necessarily
implied from the language of the enactment
(Espiritu v. Cipriano, 55 SCRA 533).
Instances when a law may be given
retroactive effect:
1. Expressly provides for retroactivity
2. Curative or remedial
3. Procedural - a law prescribing the form of
pleadings will apply to all pleadings led
after its enactment, although the action is
begun before that time (25 rcl 791).
4. Penal in character and favorable to the
accused - penal laws shall have retroactive
effect insofar as they favor the person guilty
of a felony, who is not a habitual criminal,
although at the time of the publication of
such laws a nal sentence has been
pronounced and the convict is serving the
same.
Article 5. Acts executed against the
provisions of mandatory or prohibitory
laws shall be void, except when the law
itself authorizes their validity. (4a)
MANDATORY LAWS - is one the omission of
which renders the proceeding or acts to
which it relates generally illegal or void.
PROHIBITORY LAWS - those which contain
positive prohibitions and are couched in the
negative terms importing that the act
required shall not be done otherwise than
designated (Brehm v. Republic, 9 SCRA 172).
Article 6. Rights may be waived, unless
the waiver is contrary to law, public
policy, morals or good customs, or
prejudicial to a third person with a right
recognized by law.
WAIVER - the intentional relinquishment of a
known right (Castro v. Del Rosario, 19 SCRA
196);

It is essential that a right, in order that it may


be validly waived, must be in existence at the
time of the waiver (Ereneta v. Bezore, 54
SCRA 13) and it must be exercised by a duly
capacitated person actually possessing the
right to make the waiver.

PROHIBITION AGAINST WAIVER. Waivers


cannot be made if they are contrary to law,
public order, public policy, morals or good
customs, or prejudicial to a third person with
a right recognized by law.

Rules and regulations as well as


administrative or executive acts violative
of the law and the constitution are invalid.
Article 8. Judicial decisions applying or
interpreting the laws or the Constitution
shall form part of the legal system of
the Philippines. (n)

Rights, protections, and advantages


conferred by statutes
may
be
generally waived.

JUDICIAL
CONSTRUCTION
AND
INTERPRETATION. Construction, verily, is
the art or process of discovering and
expounding the meaning and intention of the
authors of the law with respect to its
application to a given case, where that
intention is rendered doubtful, among others
by reason of the fact that the given case is
not explicitly provided for in the law (Black,
Interpretations of Laws, page 1, cited in
Caltex, Inc. v. Palomar, 18 SCRA 247).

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.
When the courts declare 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.

EFFECT OF JUDICIAL DECISION - assume


the same authority as the statute itself and,
until authoritatively abandoned, necessarily
become, to the extent that they are
applicable, the criteria which must control the
actuations not only of those called upon to
abide thereby but also those duty bound to
enforce obedience thereto (Caltex, Inc. v.
Palomar, 18 SCRA 247). These decisions also
constitute evidence of what the law means
(People v. Licera, 65 SCRA 270).

REPEAL - the legislative act of abrogating


through a subsequent law the effects of a
previous statute or portions thereof. Repeal is
either express or implied.
Implied - takes place when a new law
contains
provisions
contrary
to
or
inconsistent with those of a former without
expressly repealing them (25 RCL 911).
Express - repeal which is literally declared by
a new law, either in specic terms, as where
particular laws and provisions are named and
identied and declared to be repealed, or in
general terms, as where a provision in a new
law declares all laws and parts of laws
inconsistent therewith to be repealed (25 RCL
911)

Judicial decisions of the Supreme Court are


authoritative and precedent-setting while
those of the inferior courts and the Court
of Appeals are merely persuasive.
WHEN JUDICIAL DECISIONS DEEMED PART OF
THE LAW. - The application and interpretation
placed by the [Supreme] Court upon a law is
part of the law as of the date of the
enactment of the said law since the
[Supreme]
Courts
application
and
interpretation merely established the
contemporaneous legislative intent that
the construed law purports to carry into
effect (People v. Licera, 65 SCRA 270).

UNCONSTITUTIONAL STATUTES. - It is
axiomatic that no ordinary statute can
override a constitutional provision (Floresca v.
Philex Mining Corporation, 136 SCRA 136).

The constitutionality or unconstitutionality of


a statute depends upon factors other than
those existing at the time of the enactment
thereof, unaffected by the acts or omissions
of law enforcing agencies, particularly those
that take place subsequently to the passage
or approval of the law (Gonzales v.
Commission of Elections, 21 SCRA 774).
RULES AND REGULATIONS/ADMINISTRATIVE
AND EXECUTIVE ACTS.
Rule is binding on the courts so long as the
procedure xed for its promulgation is
followed, and its scope is within the statutory
authority granted by the legislature, even if
the courts are not in agreement with the
policy stated therein or its innate wisdom
(Victorias Milling Company, Inc. v. Social
Security Commission, 4 SCRA 627).

The regulations adopted under legislative


authority by a particular department must be
in harmony with the provisions of the law,
and for the sole purpose of carrying into
effect its general provisions.

Article 9. No judge or court shall decline


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

DUTY OF JUDGES - tasked with the


dispensation of justice in accordance with the
constitutional precept that no person shall be
deprived of life, liberty, and property without
due process of law.
must not evade performance of this
responsibility just because of an apparent
non-existence of any law governing a
particular legal dispute or because the law
involved is vague or inadequate.

must always be guided by equity, fairness,


and a sense of justice in these situations.
Where the conclusions of a judge in his
decision are not without logic or reason, he
cannot be said to have been incompetent
(Corpus v. Cabaluna, 55 SCRA 374).
JUDICIAL LEGISLATION - divided into three
great departments, namely the executive, the
legislature
and
the
judiciary.
Each
department cannot encroach into the
respective domain of the other.
Article 10.
In case of doubt in the
interpretation and application of laws, it
is presumed that the lawmaking body
intended right and justice to prevail. (n)

Where the law is clear, it must be applied


according to its unambiguous provisions. It
must be taken as it is devoid of judicial
addition
and
subtraction
(Acting
Commissioner of Customs v. Manila Electric
Company, 77 SCRA 469). The rst and
foremost duty of the court is to apply the law.
Construction and interpretation come
only after it has been demonstrated that
application is impossible or inadequate
without them (Republic Flour Mills, Inc. v.
Commissioner of Customs, 39 SCRA 269).
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)
CUSTOMS - a rule of conduct formed by
repetition of acts, uniformly observed
(practiced) as a social rule, legally binding
and obligatory.
Article 13. When the law speaks of
years, months, days or nights, it shall be
understood that years are of three
hundred sixty-ve 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 rst day shall
be excluded, and the last day included.
(7a)

It is understood that years are 365 days each.


One born on the rst day of the year is
consequently deemed to be one year old on
the 365th day after his birth the last day of
the year. In computing years, the rst year is
reached after completing the rst 365 days.
After the rst 365th day, the rst day of the
second 365-day cycle begins. On the 365th
day of the second cycle, the person turns two
years old.
MONTHS AND LEAP YEARS. Month is
designated by its name, it shall be computed
by the number of days which it has.

DAY, NIGHT AND PERIOD. Days are of


twenty- four hours, and nights from sunset to
sunrise. In counting a period, the rst day
shall be excluded and the last day included.
Article 14. Penal laws and those of
public security and safety shall be
obligatory upon all who live or sojourn
in Philippine territory, subject to the
principles of public international law
and to treaty stipulations. (8a)
OBLIGATORY FORCE OF PENAL LAWS. Citizens
and foreigners are subject to all penal laws
and all other laws designed to maintain
public security and safety. The liability for any
violation of the said laws will even attach
regardless of whether or not a foreigner is
merely sojourning in Philippine territory.
EXCEPTION. While foreigners may be liable
for committing offenses in violation of penal
laws and those of public security and safety,
they may however be immune from suit and,
therefore, cannot be criminally prosecuted in
the Philippines in certain cases where the
Philippine government has waived its criminal
jurisdiction over them on the basis of the
principles of public international law and
treaty stipulations.
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 RULE. Regardless of where a
citizen of the Philippines might be, he or she
will be governed by Philippine laws with
respect to his or her family rights and duties,
or to his or her status, condition and legal
capacity. Hence, if a Filipino, regardless of
whether he or she was married here or
abroad, initiates a petition abroad to obtain
an absolute divorce from his wife or her
husband (whether Filipino or foreigner) and
eventually becomes successful in getting an
absolute divorce decree, the Philippines will
not recognize such absolute divorce. This is
so because, pursuant to the second
paragraph of Article 26 of the Family Code,
the only absolute divorce which the
Philippines recognizes is one which is
procured by the alien spouse of the Philippine
citizen. Hence, in the eyes of Philippine law in
so far as the Filipino is concerned and in
cases where he or she is the one who
procures the absolute divorce abroad, his or
her status is still married and therefore
should he or she marry again, he or she can
be considered to have committed either
concubinage in case of the husband or
adultery in case of the wife (See Tenchavez v.
Escano, 15 SCRA 355).
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 of the person whose
succession
is
under
consideration,
whatever may be the nature of the
property and regardless of the country.

In Bellis v. Bellis, 20 SCRA 358, where a


foreigner executed a will in the Philippines
but, who, at the time of his death, was both a
national of the United States and also
domiciled in the United States the Supreme
Court held that since the intrinsic validity of
the provision of the will and the amount of
successional rights are to be determined
under Texas law, the Philippine law on
legitimes cannot be applied to the testacy of
Amos G. Bellis.
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 ofcials 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)
ACTS BEFORE DIPLOMATIC AND CONSULAR
OFFICIALS - Any act or contract made in a
foreign country before diplomatic and
consular ofcials must conform with the
solemnities under Philippine law because the

host country where such diplomatic or


consular ofcials are assigned, by rules of
international law, waives its jurisdiction over
the premises of the diplomatic ofce of
another country located in the said host
country.
Article 18. In matters which are
governed by the Code of Commerce and
special laws, their deciency shall be
supplied by the provisions of this Code.
(16a)

Chapter 2 HUMAN RELATIONS


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

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