THE CIVIL CODE OF THE PHILIPPINES It was explained in the case of Lara vs Del

PRELIMINARY TITLE Rosario. That when the copies of the CC

CHAPTER I - EFFECT AND APPLICATION OF were published July 1949 but it were
LAWS simply stored. Therefore the SC decided
to make us of the date of the circulation
and not the date of publication because
Article 1. This Act shall be known as the "Civil the purpose of publication is defeated
Code of the Philippines." (n) when copies of the CC were released.
Republic Act No. 386 Common Law
- An act to ordain and institute the civil - System of jurisprudence based on
code of the Philippines. judicial precedents rather than
Civil Law statutory laws or legislative
enactments. It does not consist of
- Branch of law which governs the absolute, fixed and inflexible rules but
relationship among members of rather of broad, comprehensive
society principles based on justice, reason
- The mass of precepts which and common sense.
determines and regulates those
relations of assistance, authority, and Civil Law Criminal Law Political
Law
obedience existing among members
Its It has It deals with
of the family as well as among jurisdiction jurisdiction the people
members of a society for the is not limited over persons and the
protection of private interests. to human or human government.
(Sanchez Roman) beings but beings
- It is not limited to human beings but also to those
also to things who do not have entities
authorized
physical attributes.
by law
Civil Code Claims for Imprisonment
damages, with fine
- It is a collection of laws which fines, moral
damages;
regulates the private relations of the
penalties are
members of civil society, determining monetary
their respective rights and obligations
with reference to persons, things, and
civil acts. (Tolentino) Laws

Note! - Rule of conduct, just and obligatory,

The Civil Code of the Philippines took promulgated by legitimate authority
effect on August 30, 1950. for the common observance and
July 19, 1949 – completion of publication benefit (Sanchez Roman)
August 30, 1949 – date of circulation - Is not limited to statutes but also to
August 30, 1950 – Date of Effectivity other presidential issuances.

Arranged by: Tisay

Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)
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. (1a)
GR: Publication is an indispensable requisite
for the effectivity of the laws
EXC: (M-I-L-I)
a. The law is interpretative in nature
b. The law is internal in nature
c. Letters of instructions
d. Municipal Ordinances
Note:
Publication is a condition sine qua non for its
effectivity.
GR: Publication shall take place in the
following:
a. Official Gazette (OG)
b. Newspaper of General Circulation
EXC: The case of Hagonoy Maret Vendor
Association vs Municipality of Hagonoy
Bulacan
In the absence of a newspaper of local
circulation in the municipality the officials
posted the ordinance in 3 conspicuous places
which is in accordance with Sec. 188 of the
Local Government Code.
Requisites before a newspaper
considered a NGC?
a. It is published for the dissemination
of local news and general information.
b. It has bona fide subscription list of
paying subscribers
c. It is published at regular intercvals
d. It is not a newspaper devoted to the
interest or published for the
entertainment of a particular class,
Arranged by: Tisay
Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)
profession, trade, calling, race, or
religious denomination.
“Laws shall take effect after fifteen days”
GR: If the law has an effectivity clause, follow
the effectivity clause.
EXC: if the law is silent, apply the 15-day
period counted after the publication if there
is no effectivity clause.
Purpose of Publication
- To inform the public of such law.
Art. 3. Ignorance of the law excuses no one
from compliance therewith. (2)
Presumption: Every person is presumed to
know the law, since the government has
already complied with the requirement of
publication.
GR: Ignorance of the law excuses no one from
compliance therewith.
EXC:
a. Ignorance of fact may excuse a party
from the legal consequences of his
conduct. (ignorance of a foreign law is
a mistake of fact.)
b. Mistake as to difficult questions which
is the same as mistake of fact.
Reason of Article 3, CC
are
- If any person could successfully plead
ignorance of the law to escape the
legal consequences of their act or to
excuse non-performance of legal
duties, there would be evasion of the
law and administration of justice will
be defeated.
Doctrine of Processual Presumption
- If the foreign law is not properly
alleged and proved, the presumption
is that it is the same as our own law.
Art. 4. Laws shall have no retroactive effect,
unless the contrary is provided. (3)
Statutes are to be construed as having only
prospective operation, unless it be given
retroactive effect.
GR: Laws are prospective.
EXC: When the law is given retroactive effect.
1. Law expressly provides for its
retroactivity. But in no case shall an
ex post facto law be passed.
2. Law is curative in nature.
3. Law is remedial in nature.
4. Law is penal but favorable to the
accused
5. Laws creating new rights provided
that no vested rights are impaired
6. Emergency law – authorized by police
power of the Gov’t.
Art. 5. Acts executed against the provisions of
mandatory or prohibitory laws shall be void,
except when the law itself authorizes their
validity. (4a)
GR: Acts violating mandatory or prohibitory
laws are void.
EXC: (A-V-V)
a. When law itself authorized their
validity.
b. When law makes the act only voidable
and not void
c. When law makes the act valid but
punishes the violator
Art. 6. Rights may be waived, unless the waiver
is contrary to law, public order, public policy,
Arranged by: Tisay
Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)
morals, or good customs, or prejudicial to a
third person with a right recognized by
law. (4a)
GR: Rights may be waived.
EXC:
a. Unless the waiver is contrary to law,
public order, public policy, morals, or
good customs.
b. Waiver is prejudicial to a third
person.
Requisites of a valid waiver
a. Vested right
b. Voluntary relinquishment of right
c. Existence of his right
Vested Right – is one whose existence,
effectivity and extent does not depend upon
events foreign to the will of the holder.
Waiver of obligations ad duties
GR: It is NOT possible to waive obligations
and duties.
EXC:
a. When authorized by law
b. When authorized by the holder of the
correlative right.
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 the laws or the
Constitution. (5a)
Express Repeal
- Repeal of repealing law will not revive
the old law
Implied Repeal
- The provisions of the subsequent law
are incompatible with those of the
previous law.
Art. 8. Judicial decisions applying or
interpreting the laws or the Constitution shall
form a part of the legal system of the
Philippines. (n)
Doctrine of Stare Decisis
- It is when the SC has laid down
principle of law as applicable to a
certain set of facts, the courts shall
adhere to that principle and apply it
to all future cases where the facts are
substantially the same.
Horizontal Stare Decisis
- A division of the SC may or may not
follow the decision of another
division.
Vertical Stare Decisis
- Courts have no option but to follow
the decision of another division.
Ratio Decidendi
- It is the principle which the case
established. It is the reason for the
decision.
Obiter Dictum
- Opinions necessary to the
determination of a case not binding
and cannot have the force of juridical
precedents.
Arranged by: Tisay
Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)
Art. 9. No judge or court shall decline to
render judgment by reason of the silence,
obscurity or insufficiency of the laws. (6)
In cases where law is silent or is obscure
or insufficient with respect to a particular
controversy
- The judge shall apply the custom of
the place
- In default thereof, the general
principles of law and justice
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. (n)
When to apply Article 10
- Only in case of doubt
Note!
It is the duty of the judge to apply the law
following the legal maxim – Dura lex sed
lex
Art. 11. Customs which are contrary to law,
public order or public policy shall not be
countenanced. (n)
Art. 12. A custom must be proved as a fact,
according to the rules of evidence. (n)
Customs
- Are rules of conduct formed by
repetition of acts, uniformly observed
as a social rule, legally binding and
obligatory
Art. 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)
Computing Period
- First day excluded while the last day
is included.
If Last day falls on a Saturday, Sunday, or
Legal Holiday
a. In Ordinary Contracts – the
agreement of the parties prevails,
b. Under Rules of Court (ROC) – the time
shall run until the next working day.
Art. 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)
GR: Penal Laws follows the theory of
territoriality and generality regardless of
nationality.
EXC:
a. Principles of PIL on diplomatic
immunity
b. Presence of treaty stipulations
Exterritoriality
- Territorial jurisdiction of one state
forms an extension of the territory of
another state:
Example: Embassy
Extraterritoriality
- Exemption by virtue of treaty
stipulation.
Example: Ambassador
Arranged by: Tisay
Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)
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. (9a)
Civil laws pertaining to family rights/ duties,
statues, conditions, legal capacity follow the
principle of nationality
Derivative Citizenship
- An unmarried child whether
legitimate, illegitimate, or adopted,
below18 years of age of those re-
acquire Philippine Citizenship upon
effectivity of this act shall be deemed
citizens of the Philippines.
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. (10a)
Note: When the case involves property, apply
the Lex Situs
GR: Lex rei sitae (Law of the place where it is
situated)
EXC: Intestate and testamentary succession
a. Order of succession
b. Amount of successional rights
c. Intrinsic validity of will
d. Legal capacity to succeed
Renvoi Doctrine 1. Art. 815 – wills made by Filipinos
abroad may be in the form established
- Also known as the transmission by such country.
theory EXC:
- Means referring back. a. Joint wills executed abroad is not
Forum Non Conveniens valid in the Philippines. (Art. 17,
par. 2)
- A doctrine whereby a court of law b. Wills made by an alien abroad
having full jurisdiction over a case maybe executed according to
brought in a proper venue or district formalities prescribed by law
declines to determine the case on its where he resides, his country or
merit because justice would be better what civil code prescribes (Art.
served by the trial over the case in 816)
another jurisdiction c. Wills made by an alien in the
Philippines executed in
Long-arm Statute accordance with law of his
- Refers to authorized substituted country or law allowed by his
servie country.
2. Art. 26, Fam. Code – marriages
Art. 17. The forms and solemnities of contracted by Filipinos abroad in
contracts, wills, and other public instruments accordance with laws in force in the
shall be governed by the laws of the country in said country.
which they are executed. EXC:
a. Age
When the acts referred to are executed before b. Bigamous marriage
the diplomatic or consular officials of the c. Mistake of identity
Republic of the Philippines in a foreign country, d. Void under Art. 53
the solemnities established by Philippine laws e. Psychological Incapacity
shall be observed in their execution. f. Incestuous marriage
g. Void for reasons of public policy
Prohibitive laws concerning persons, their acts
or property, and those which have, for their
object, public order, public policy and good Art. 15 Art. 16 Art. 17
customs shall not be rendered ineffective by Lex Lex Rae Sitae Lex Loci
laws or judgments promulgated, or by Nationalis Celebrationis
determinations or conventions agreed upon in Basis:
a foreign country. (11a) Citizenship Law of the Law of the
place where place where
GR: Lex loci celebrationis (forms and the property the contract
solemnities of contracts, ills and other public is situated. was
instruments are governed by the laws of the executed.
Coverage:
country in which they are executed.
Real and Family rights, Only forms
Application of the GR: personal and duties, and
property status, solemnities
condition,

Arranged by: Tisay

Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)
 and legal
capacity
Exception:
Capacity to Article 26, Article 26 (2)
succeed; paragraph 2 of Family
Intrinsic of the Family Code
validity of the Code (marriage
will; involving
Amount of Filipinos
successional solemnized
rights; abroad, when
Order of such are void
succession in the
Philippines);
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. (16a)

Arranged by: Tisay

Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)