THE CIVIL CODE OF THE PHILIPPINES

OUTLINE
Took effect: August 30, 1950

fill in the gaps of the law

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PRELIMINARY TITLE (ART 1-36)

Chapter 1 : effect and application of laws

(art 1-18)
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THIS code shall be known as the civil code of the Philippines

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When shall law take effect?

EO 200 (Cory Aquino)
GR : Mandatory Publication E: instances that are not
applicable
Self-repealing laws

Ignorantia legis non excusat. Applicable to mandatory and

prohibitory laws
Laws shall have no retroactive effect (unless
expressed/necessarily implied)
Mandatory and prohibitory laws

Waiver

Requisites of a valid waiver

Invalid waiver

How laws are repealed (express/implied)

Unconstitutional statues

Partial unconstitutionality of statutes

Operative fact doctrine

Rules and regulations/administrative and executive

must be in harmony with provisions of law

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Hierarchy of courts
Judicial construction and interpretation of vague
provisions
Effect of judicial decisions form part of the law of the
land
Legis interpretation legis vim obtinet the
interpretation placed upon the written law by a
competent court has the force of law
When judicial decisions deemed part of the law

Duty of judges
Judicial legislation in certain circumstances, courts

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Doubtful statutes apply the law, construction and

interpretation comes after it has been demonstrated
If theres ambiguity, interpretation of the law requires
fidelity to legislative purpose
Presumption leaning towards justice
Dura lex sed lex
Customs
must not be contrary to law, public order, policy
Customs proved as fact according to rules of evidence
Computation of legal period impliedly repealed by
EO 292 enactment (changes in computation)
Year
Months
Day, night, period
Penal laws
Obligatory force of penal laws
Exceptions (treaty stipulations, laws of preferential
application)
Nationality rule
Law governing real properties
Doctrine of Lex Rei Sitiae
Exceptions (OAIC)
Order and Amount of successional rights
intrinsic validity of provisions of will
capacity to succeed
Extrinsic validity forms, solemnities of public
instruments, wills, contracts shall be governed by the
laws of the country where they are executed
Acts before diplomatic and consular officials (if
execution of aforementioned documents above are
done in front of PH diplomatic and consular officials,
then the PH laws shall be observed)
Prohibitive laws concerning persons and property ;
foreign law will not govern if the law, contract, or
judgement is against public policy as observed in the
Philippines
Suppletory nature - Matters which governed by the
Code of Commerce or by special laws any deficiency
in the latter shall be supplied by the provisions of the
Civil Code

Chapter 2: Human Relations

(Art 19-36)
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disadvantaged
3.End view, any decision will be in consonance with
what is right and legal

Honesty and good faith, acts contrary to law, and

against morals, good customs, and public policy
Principle of Abuse of Rights sets certain standards
which may be observed not only in the exercise of
ones rights but also in the performance of ones
duties

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Elements:
1. There is a legal right or duty
2. Which is exercised in bad faith
3. For the sole intent of prejudicing or injuring
Remedy against acts contrary to law
Willful or negligent acts punished

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Remedy against acts contrary to morals

Willful acts punished

Elements
1.There is an act which is legal
2.But which is contrary to morals, good customs,
public order/public policy
3.Done with intent to injure
Unjust enrichment no person can claim what is not
validly and legally his or hers

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Requisites of unjust enrichment:

1.One party is enriched, the other made poorer
2.There must be casual relation between the two
3. The enrichment is not justifiable
4. There is no other way to recover
5. The indemnity cannot exceed the loss or the
enrichment

There is a duty to indemnify because of a certain benefit

received. Otherwise, unjust enrichment will occur
Ex. Without As knowledge, his cattle went to the cultivated
fields of B, due to a flood. As animals are saved, but Bs crops
are destroyed. Even if it happened without As fault, he should
indemnify B for he was still benefited.

Court vigilance
1.Courts must render justice
2.Be vigilant in protecting the rights of the

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Parens Patriea - father of the county; safeguard the

rights of the disadvantaged on account of moral
dependence, ignorance, indigence, mental weakness,
tender age, or handicap, the courts be vigilant for his
protection
Thoughtless extravagance during emergencies

Protecting human dignity

Every person shall respect the dignity, personality, privacy,
peace of mind of his neighbors and persons. The following and
similar acts, though they may not constitute a criminal offense,
shall produce a cause of action for damages, prevention, and
relief. (REMEDIES)

Prying into the privacy of anothers residence

Meddling with or disturbing the private life or family
relations of another
Intriguing to cause another to be alienated from his
friends
Vexing or humiliating another on account of his
religious beliefs, lowly station in life, place of birth, or
other personal condition

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Refusal or neglect in the performance of official duties

of public officials

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Unfair competition
Civil action after acquittal in a criminal case
Civil liability arising from an unprosecuted criminal
offense
Independent civil action
Civil action not arising from felony

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Rights guaranteed by the constitution implemented

through Article 32
Liberties in the Bill of rights (also include: Freedom of
Suffrage, Freedom from being forced to confess guilt)

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Children born Kinds of children

Ordinary
Extraordinary

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Civil personality extinguished by death

Birth Certificate best evidence of fact of birth
Declaration of physician/midwife/parent of newborn
child sufficient for the registration of a birth in the civil
register
-Illegitimate children

Confidentiality of birth records

Death Certificate
Death puts an end to civil personality

The ff can be made liable:

1. Any public officer/employee
2. Any private individual even in good faith
REMEDY: allows an independent civil action faith
indemnification for damages

Particular wrong or injury (2 kinds of duties)

Of duties to public

Of duties to individual
Separate civil action for violation of constitutional rights
Good faith not a defense
Judges cannot be subjected to a liabilitycivil, criminal, or
administrativefor any of their official acts, no matter how
erroneous, so long as they act in good faith.
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Crimes covered

Defamation, fraud, physical injuries

Fraud, estafa, swindling

Physical injuries (consummated, frustrated, and

attempted homicide, murder, parricide and infanticide

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Members of Police Force

Independent civil action for the liability of the
city/municipal police force
No independent civil action granted
Prejudicial question
TITLE I. CIVIL PERSONALITY
Chapter 1: General Provisions

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Juridical capacity and capacity to act defined

Presumption of capacity to act
Full civil capacity (when there is juridical capacity and
capacity to act)
Restrictions on capacity to act
Modifies or limits capacity to act
Chapter 2 : Natural Persons
When does juridical capacity exist?
Beginning of personality

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Effect of death as determined by:

Contract, will, and the law rights and obligations of a

dead person can still be regulated by contract, will/law;
creditors are given the right to claim from the estate of
the deceased any obligation due them before the
estate can finally be partitioned in favor of the heirs

Proof of death - must be established by

circumstantial evidence derived from evidence ;
cannot be established by mere inference arising from
another inference or presumption

Applies to those persons who are called to succeed

each other
Rule 131, Sec 5 (jj) of the Revised Rules of Court is
applied to determine Survivorship
Age
Survivorship
Both under 15
Older presumed to survive
Both above 60
Younger
One under 15, other above
Younger
60
Both be over 15 and under
60, sexes are different
Male
Sexes are same
Older
One be under 15 or over 60
Latter survives
and other between those
ages
Determine rights and inheritance to be succeeded.
Proof of death must still be supported by clear evidence
Rule of preponderance of evidence
Chapter 3:Juridical Persons
(Art 44-52)

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Kinds of juridical persons (State, Political subdivisions,

corporations, partnership)

legacy)

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Property relations
Art. 76 : modifications in marriage settlements
Art 77: marriage settlement should be in writing..

Law governing validity of marriage

Valid marriage = creation of mutual Liabilities,

Duties, Rights [LDR]

Tested by law in force at the time marriage is

contracted
Gomez v Lipana

Essential Requisites

Legal Capacity
-must not be under 18 years old
-not incentuous (37)
-not against public policy (38)
- not bigamous

FAMILY CODE OF THE PHILIPPINES

Took Effect: August 3, 1988

TITLE I. MARRIAGE
(Art 1-55)

Nature and importance of marriage

Saclolo v CAR
Skinner v State Oklahoma
Loving v Virginia
Reynolds v US
Maynard v Hill
Adams v Palmer
Hood v Roleson
Bove v Pinciotti
Violations : PT&T v NLRC

Contracting parties must be of different sex

Silverio v Republic : change sex in birth cert. sex is
determined by visually looking at genitals of baby at
time of birth
Republic v Cagandahan : Congenital Adrenal
Hyperplasia (androgyny; ambigious genetalia) was
granted preference of the person to choose sex
change in birth cert from female to male by Court,
medical reasons

Mail order bride

Trafficking in women
Marriage between rapist and raped
Marriage as status (not subject to stipulations)
Marriage in international law
Constitutional protection
Sec 12, Art II, Art 15 Sec 1 & 2
Right to marry, right to privacy against
government intrusion
Absolute freedom of communication between
spouses
Violation : Star Paper Corporation v Simbol
Zuluueta v Court of Appeals
Reasonable circumstances : Duncan v Glaxo

Legislative control of marriage

Ong v Ong
Maynard v Hill
(ineffectual will if nagcontract ng second marriage pero
sabi sa will wag magasawa, di mabibigay property sa

Consent
- freely given
-made in the present of the ASO

Formal requisites

Absence of essential or formal requisites = void

Defect in essential requisites = voidable
Irregularity in formal requisites = not affect validity of
marriage; but responsible parties for irregularity
(civilly, criminally, administratively liable)

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59

No LS shall be decreed unless necessary steps for

reconciliation of spouses are taken and when despite
efforts, reconciliation is improbable

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60

No decree of LS must be based on stipulation of

facts/confession of judgement
Duty of fiscal/prosecuting attorney to avoid collusion
and ensure evidence is not fabricated or suppressed
Proof by preponderance of evidence required in LS
entitled to live separately
management of properties during suit (3rd party to
administer ACP/CGP
Art. 61 states that in the absence of a written
agreement between couple, court leaves administering
of properties to either spouses
administrator= guardian under Rules of Court

Death terminates legal separation case

During pendency of action for LS, Art 49 will apply to :

-support of spouses
-custody of children
-support of children

Procedure and rules on legal separation

4 effects of decree of legal separation
intestate and testate disqualification
where will children go?
innocent spouse revokes
-provisions in a will
-disinherit other spouse even if theres no final decree
yet
-reconciliation renders the disinheritance from will
ineffectual (civil code article 922)

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TITLE II. LEGAL SEPARATION

(Art 55-67)
What is legal separation? Is it divorce?
Best evidence for legal separation
10 grounds for legal separation + requisites
RP, PV, Prosti, I, Da, Lh, SI, AL, AB
petition for LS can be denied on 6 grounds +
requisites

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Prescription period legal separation must be file 5

years from time of the occurrence of cause
An action for LS shall IN NO CASE be tried before 6
months have elapsed since filing of petition (cooling
period)
Violence against woman or child is not required to
follow 6 month rule
Purpose of 6 month rule? Prevents hearing on merits
of LS case for that period; but hearings on child
support, alimony, spousal support can be heard in
court
What motions may be filed during 6 months period?
-motion to dismiss and injunction

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Marriage bond maintained

Liquidation of property ACP and CPG . requisites too
Custody of minor children
Intestate and Testate disqualification

After finality of decree of LS, innocent spouse may

revoke :

DONATIONS, BENEFICIARY IN INSURANCE

-donation made by him/her (revocation recorded in
registries of property where properties are located,
filed within 5 yrs), if donation void, notification will not
prescribe

 revocation takes effect upon notification thereof to

insured
--alienations, liens, encumbrances registered in good
faith prior to revocation shall be respected (VALID)
-designation of the latter as beneficiary to any
insurance policy

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Prescription period for revocation: within 5 yrs from

time of decree of LS has become final

If spouses reconcile they must submit a

corresponding joint manifestation under oath

TITLE IV. PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE

Chapter 1: General Provisions
(Art 74-81)

How should property relations be governed? In what

order?

Property relations and ante-nuptials agreements

- what are the requirements?
-when is property regime of marriage not a choice?
-RULES in marriage

May husband and wife sell properties

to each other? Except when?

Rule of no right of accretion in cases

of donation made to several persons
not applicable to donation jointly
made by husband and wide ; between
husband and wife, there is right of
accretion, unless the donor has
otherwise provided
- what are the 3 types of possible property agreements?
-what cannot be stipulated by parties?
-whats the default settlement when theres no
settlement? (Except for subsequent marriage terminated
by death which fails to liquidate complete separation
regime)

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Consequences of reconciliation referred to preceding

article

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TITLE III. RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE
(Art. 68- 73)
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Duties and obligations

Damages for failure to comply with obligations

Can a husband commit rape against his wife?

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Domicile

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Expenses for support and household management

Hierarchy of support/property

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Management of household

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Relief for neglect of marital duty and when spouse

commits acts which tend to bring danger, dishonor,
injury to the family or aggrieved party

Legitimate profession
When can one say there is illegitimate profession?
Violation of RA 9262 (AVAWC)
General rule as to separate property liability
Exception to the rule

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What are mixed-up property regimes?

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Fairness in marriage settlements

Local

Spouse may in the marriage settlement agree upon

ACP

COG

Complete separation

Other regime
Default property regime if w/o marriage settlement : ACP

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For marriage settlement to be valid, must be subject to

provisions of

Art.66

67, 128, 135, 136

Prejudice to third parties

If marriage settlement is registered

If marriage settlement is not registered

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Effects on 3rd party creditor with a mortgaged

property for a debt owed by person A, who
subsequently marries