PERSONS AND FAMILY RELATIONS REVIEWER

CIVIL CODE OF THE PHILIPPINES (R.A. 386)

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

E.O. 48 of March 20, 1947

Roxas Code Commission
Dr. George Bacobo (chairman)
January 26, 1949 (passed by Congress)

Art. 2. Laws shall take effect after 15 days following the completion of their publication in
the Official Gazette, unless it is otherwise provided. This Code shall take effect 1 year after
publication.
Aug. 30, 1950 (took effect)
EO 200 (Aquino) laws to be effective must be published either in the Official Gazette or in a
newspaper of general circulation in the country. (Taada v Tuvera) publication not to be in Official
Gazette because of its erratic release and limited readership)
Intended to enable people to become familiar with the statute
Must be in full
Publication is an indispensable requirement, absence of which will
render the law ineffective.
unless otherwise provided (refers to 15day period, not publication
Art. 3. Ignorance of the law excuses no one from compliance therewith.
- applies only to mandatory and prohibitory laws
Art. 4. Laws shall have no retroactive effect, unless the contrary is provided
Law looks to the future.
Instances when a law may be given a retroactive effect:
When the law expressly provides for retroactivity (insofar as it
does not prejudice or impair vested or acquired rights in
accordance with the Civil Code or other laws)
Curative or remedial (curing defects or adding to the means of enforcing existing
obligations). RULE: If the irregularity consists in doing some act, or doing it in the mode
which the legislature might have made material by an express law, it may do so by a
subsequent one.
Procedural. (to avoid possible injustice)
Penal in character and favorable to the accused. (not a habitual delinquent if w/in 10
years from date of release or last conviction of a crime, he is found guilty of any said
crimes a third time or oftener.)

Art. 5. Acts executed against the provisions of mandatory and prohibitory

laws shall be void, except when the law itself authorizes their validity.
Mandatory Laws omission of which renders the proceeding or acts to
which it relates generally illegal or void. Example: prescriptive periods
Prohibitory Lawscontain positive prohibitions and are couched in the negative terms
importing that the act required shall not be done otherwise than designated. Example:
NO
However, if the law expressly provides for the validity of acts committed in violation of a
mandatory or prohibitory provision of a statute, such act shall be considered valid or
enforceable.
Art. 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 intentional relinquishment of a known right; not presumed but must be clearly and
convincingly shown, either by express stipulation or acts admitting no other reasonable
explanation
A right to be validly waived, must be in existence at the time of the waiver, and must be
exercised by a duly capacitated person actually possessing the right to make the waiver.
(presupposes that the party has knowledge of its rights, but chooses not to assert them)
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
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.
Repeal legislative act of abrogating through a subsequent law the effects of a previous
statute or portions thereof. May be either express or implied.
Art. 8. Judicial decisions applying or interpreting the laws or the
Constitution shall form part of the legal system of the Philippines.
Judicial decisions
although in themselves not laws, assume the same authority as the statute itself.
Constitute evidence of what the law means.
legis interpretatio legis vim obtinet interpretation placed upon the written law by a competent
court has the force of law.
SC decisions authoritative and precedent-setting
Inferior courts decisions and Court of Appeals merely persuasive
Apiag vs. Cantero (judge entered into 2nd marriage without having his first void marriage
judicially declared a nullity, not a basis for immorality) at that time, there was no need for
judicial declaration of nullity

 Wiegel v Sempio Dy case where the Supreme Court declared that there was a need for a
declaration of nullity of a void marriage
Art. 9. No judge or court shall decline to render judgment by reason of the
silence, obscurity or insufficiency of the laws.
Ninguno non deue enriquecerse tortizeramente con dano de otro When the statutes are
silent or ambiguous, this is one of those fundamental principles which the courts invoke in
order to arrive at a solution that would respond to the vehement urge of conscience.
Justice Holmes Do and must legislate to fill in the gaps in the law, because the mind of
the legislator, like all human beings, is finite and therefore cannot envisage all possible
cases to which the law may apply. Nor has the human mind the infinite capacity to
anticipate all situations.
Art. 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.
Construction and interpretation come only after it has been demonstrated that application
is impossible or inadequate without them.
Art. 11. Customs which are contrary to law, public order or public policy
shall not be countenanced.
Art. 12. A custom must be proved as a fact, according to the rules of
evidence.
Custom rule of conduct formed by repetition of acts, uniformly
observed (practiced) as a social rule, legally binding and obligatory.
Juridical custom can supplement statutory law or applied in the
absence of such statute.
Social custom cant supplement stat law or applied in the absence of
statute.
Custom, even if proven, cannot prevail over a statutory rule or even a
legal rule enunciated by the SC
Art. 13. When the law speaks of years, months, days or nights, it shall be understood that
years are of 365 days each; months, of 30 days; days, of 24 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.
If the extra day in a leap year is not a day of the year, because it is the 366th day, then to what year
does it belong? Certainly, it must belong to the year where it falls and, therefore, the 366 days
constitute one year.
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.

 Citizens and foreigners are subject to all penal laws. Will even attach regardless whether
or not a foreigner is merely sojourning in Phil territory BUT 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
1961 Vienna Convention on Diplomatic Relations provided that the person of the
diplomatic agent shall be inviolable and he shall not be liable to any form of arrest or
detention. He shall enjoy immunity from criminal jurisdiction of the receiving state.
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.
Nationality Rule
Tenchavez v Escano the only absolute divorce recognized is one of the alien spouse.
Filipino spouse can be said to have committed concubinage (husband) or adultery (wife).
Art. 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 wherein said property may be found.
Applicability of National Law of decedent, in intestate or testamentary
succession, with regard to:
Order of succession
Amount of successional rights a
Intrinsic validity of the provisions of the will
Capacity to succeed
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. Extrinsic validity if act is valid where it is executed, even if said act
wont be valid here, will be deemed as valid, nonetheless.
Diplomatic and consular officials are representatives of the state, therefore Philippine law
should prevail if act is executed before a diplomat, in a foreign country. (basis: by rules of
international law, host country where diplomat is assigned, waives its jurisdiction over the
premises of the diplomatic office of another country located in the said host country)

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.
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.
principle of abuse of rights.
Codifies the concept of what is justice and fair play so that the abuse
of right by a person will be prevented.

Elements of abuse of right:

There is a legal right or duty
Which is exercised in bad faith
For the sole intent of prejudicing or injuring another

Art. 20. Every person who, contrary to law, willfully or negligently causes
damage to another, shall indemnify the latter for the same.
speaks of the general sanction for all the other provisions of law which
do not especially provide their own sanction.
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.
fill in the countless gaps of the statutes, which leave so many victims of moral wrongs
helpless, even though they have actually suffered material and moral injury.
Deals with acts contra bonus mores and has the following elements:
There is an act which is legal
But which is contrary to morals, good customs, public order, or public policy
And it is done with intent to injure.
*** Articles 19,20, and 21 are related to each other, and under these articles, an act which causes
injury to another may be made the basis for an award of damages. Common Element: act must
be intentional. However, art 20 does not distinguish: willfully or negligently
pari delicto in equal fault, in similar offense or crime, equal in guilt or in legal fault.
Art. 22. Every person who through an act or 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.
prevention of unjust enrichment. No person can claim what is not validly

and legally his or hers.

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 other handicap, the courts must be vigilant for his protection.
in consonance with what is right and legal.
Art. 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.
to prevent inconsiderate and ostentatious activities during times of
emergency
specifically provides for the entities which are given legal standing to
seek an injunction:
any government or
private charitable institution.
Art. 26. Every person shall respect the dignity, personality, privacy and peace of mind of
his neighbors and other persons. The ff. 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.
EXPLANATION OF COMMISSION TO INCLUSION OF ART 26 (Protection
of Human Dignity)
Sacredness of human personality is a concomitant of every
plan for human amelioration.
The touchstone of every system of laws, of the culture and
civilization of every country, is how far it dignifies man.

Art. 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.
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 highhanded method shall give rise to a right of action by the person who thereby
suffers damage.
JUSTIFICATION by the 1947 Civil Code commission:
It is necessary in a system of free enterprise. Democracy becomes a veritable mockery if
any person or group of persons by any unjust or highhanded method may deprive others
of a fair chance to engage in business or earn a living.
Art. 29. When the accused in 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. (2) 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.
Proof beyond Reasonable Doubt amount of proof which forms an abiding moral certainty
that the accused committed the crime charged. NOT absolute certainty, BUT such degree
of proof is more exacting than what is needed in a civil case, which is:
Preponderance of Evidence as a whole, evidence adduced by one
side outweighs that of the adverse party.
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.
quantum of evidence still merely preponderance of evidence, even if the
civil action arose from a criminal offense

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.
if civil action arose not from a felony quasi-delict act or omission which causes damage
to another, there being fault or negligence, if there is no pre-existing contractual relation
between the parties.

 Does not provide for an independent civil action.

Culpa aquiliana (quasi delict)having had its own foundation and indivuality, separate from
criminal negligence, against quasi-delito (cupla extra-contractual) or criminal negligence
Also applies to culpa contractual- distinct from criminal action instituted based on criminal
negligence. This is governed by Civil Code, and not those of Revised Penal Code, and it
being entirely separate and distinct from criminal action, the same may be instituted and
prosecuted independently of, 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 he press or to maintain a periodical publication
4. Freedom from arbitrary or illegal detention
5. Freedom from 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 equal protection of the laws
9. The right to be secure in ones 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 a peaceable assembly to petition the government for redress of
grievances
14. The right to be free from involuntary servitude of 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 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 ones 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 or 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
defendants act or omission constitute 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 or 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.
for effective maintenance of democracy for these reasons:
in most cases, threat to freedom originates from abuses or power of government officials
and peace offices, most are left without redress because fiscal is overburdened, or cant
prosecute a fellow public official (high ranking)
quantum of evidence required for a criminal action is proof beyond reasonable doubt which
often prevents appropriate punishment.
Direct and open violations of the Penal Code trampling upon the freedoms named are not
so frequent as those subtle, clever and indirect ways which do not come within the pale of
the penal law. These, which are not criminally punishable, are greatest dangers to which
democracy lies.
respondeat superior principal and agent, or master and servant. No respondeat superior
between superior officers of the military and their subordinates. May be directly or
indirectly
Public accountability
Good faith is not a defense. It is enough that there was a violation of the constitutional
rights of the plaintiffs and it is not required that defendants should have acted with
malice or bad faith. The wrong may be civil or criminal. To make good faith material is
to defeat the main purpose of article 32 which is that effective protection of individual
rights.
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.
RATIONALE: to allow the citizen to enforce his rights in a private action brought by him,
regardless of the action of the State attorney. In a criminal prosecution, the complainant
is the State. The injured individual is the one most concerned because it is he who has
suffered directly. He should be permitted to demand reparation for the wrong which
peculiarly affects him.
Criminal Negligence, not included in the provision. The law penalizes
the negligent act or careless act, but not the result thereof.

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
therefore. 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, 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 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 complainant may bring a civil action for damages against the alleged offender. Such
civil action shall be supported by preponderance of evidence. On the defendants 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. (2)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.
Reservation of Civil Action.shall be made before the prosecution starts presenting its
evidence and other circumstances affording the offended party a reasonable opportunity to
make such reservation. EXCEPT BP 22 (criminal action for violation of BP 22 shall be
deemed to include the corresponding civil action. No reservation to file such civil action
separately shall be allowed.
When separate civil action is suspended. IF criminal action is filed after the said civil action
has already been instituted, the latter shall be suspended in whatever stage it may be
found before judgment on the merits. The suspension shall last until final judgment is
rendered in the criminal action. BUT, nevertheless, before judgment on the merits is
rendered in the civil action, the same may, upon motion of the offended party, be
consolidated with the criminal action in the court trying the criminal action. (shall be tried
and decided jointly.)
Extinction of penal action does not carry with it extinction of the civil action. However, the
civil action based on delict may be deemed extinguished if there is a finding in a final
judgment in the criminal action that the act or omission from which the civil liability may
arise did not exist.
When civil action may proceed independently shall only require preponderance of
evidence. (art 32,33,34 and 2176 of civil code). In no case however, may the offended
party recover damages twice for the same act or omission charged in the criminal action.
Effect of Death on Civil Actions Death of accused after arraignment will extinguish civil
liability arising from the delict. However, when civil action may proceed independently
(preceding paragraph), it may continue against the estate or legal representative of the
accused after proper substitution or against said estate, or heirs to substitute the
deceased, and guardian for minor heirs.
Judgment in civil action not a bar, Absolved defendant in a civil action, is not a bar to a
criminal action against the defendant.

Art. 36. Prejudicial questions, which must be decided before any criminal prosecution may
be instituted or may proceed, shall be governed by the rules of court which the Supreme
Court shall promulgate and which shall not be in conflict with the provisions of this Code.
Precedence. The general rule is that where both a civil and criminal case arising from the
same facts are filed in court, the criminal case takes precedence. EXCEPTION: if there is
a prejudicial question one that arises in a case, the resolution of which is a logical
antecedent of the issue involved therein, and the cognizance of which pertains to another
tribunal. There are always 2 cases involved, civil and criminal. The criminal case is always
suspended because the issues in the civil is determinative of the outcome of the criminal
case.
Two essential elements of a prejudicial question:
The civil action involved an issue similar or intimately related
to the issue raised in the criminal action

The resolution of such issue determined whether or not the

criminal action may proceed.

Art. 37. Juridical capacity, which is the fitness to be the subject of legal relations, is
inherent in every natural person, and is lost only through death. Capacity to act, which is
the power to do acts with legal effect, is acquired and may be lost.
Juridical capacity acquired upon birth of a person. *some cases,
even unborn. (art 40,41, 742, 854), and terminated only upon death.
Capacity to act is not inherent in a person.
Art. 38. Minority, insanity or imbecility, the state of being deaf-mute, prodigality and civil
interdiction are mere restrictions on the capacity to act, and do not exempt the
incapacitated person from certain obligations, as when the latter arise from his acts or
from property relations, such as easements.
restricts the capacity to act.
Art. 39. The following circumstances, among others, modify or limit capacity to act: age,
insanity, imbecility, the state of being deaf-mute, penalty, prodigality, family relations,
alienage, absence, insolvency and trusteeship. The consequences of these circumstances
re governed in this Code, other codes, the Rules of Court, and in special laws. Capacity to
act is not limited on account of religious belief or political opinion. A married woman, 21
years of age or over, is qualified for all acts of civil life, except in cases specified by law.
broader in scope than art 38, but enumerates situations which merelu
modify the capacity to act.
*** SIGNIFICANCE OF ART 38 and 39 Make an overview of the situation that
qualifies a persons power to undertake acts which can produce legal effects.

Art. 40. Birth determines personality; but the conceived child shall be considered born for
all purposes that are favorable to it, provided it be born later with the conditions specified
in the following article
Art. 41. For civil purposes, the foetus is considered born if it is alive at the time it is
completely delivered from the mothers womb. However, if the foetus had an intra-uterine
life of less than 7 months, it is not deemed born if it dies within 24 hours after its complete
delivery from the maternal womb.
Geluz v CA cant invoke provisional personality of a conceived child to obtain damages
for and on behalf of an aborted child considering that art 40 and 41 were not met. BUT the
parents can obtain damages in their our right against the doctor who caused the abortion
on account of distress and anguish attendant to its loss and disappointment of their
parental expectation.
BIRTH CERTIFICATE best evidence of the fact of birth. Once registered with the office of
the local civil registrar, it becomes a public document. Entries are only prima facie
evidence of the facts contained therein. This is strictly confidential, and the contents cant
be revealed except in the cases provided by law.*** They still maintain their nature as
public documents, because, following the proper legal procedure, they can be obtained by
those interested therein.
Non-disclosure of Birth Records: Except upon request of any of the ff:
Person himself, or any person authorized by him
His spouse, parent/s, his direct descendants, or guardian or institution legally
in charge of him if he is a minor
The court or proper public official whenever needed in administrative, judicial
or other official proceedings to determine the identity of the childs parents or
other circumstances surrounding his birth .In case of persons death, the
nearest of kin.
Art. 42. Civil Personality is extinguished by death. The effect upon the rights and
obligations of the deceased is determined by law, by contract and by will.
Death Certificate: The office of the local civil registrar of a municipality or a city must also
have in its custody the death certificated of the persons who died in its locality.
The rights and obligations of a dead person can still be regulated by contract, will or the
law.
Art. 43. If there is doubt, as between 2 or more persons who are called to succeed each
other, as to which of them died first, whoever alleges the death of one prior to the other,
shall prove the same; in the absence of proof, it is presumed that they died at the same
time and there shall be no transmission of rights from one to the other.
Proof of death must be established by positive evidence. It can never be established from
mere inference arising from another inference or from presumptions and assumptions.
(Juaquin v Navarroson died before mom during Japanese shootings)

Art. 44. The ff. are juridical persons:

1. The state and its political subdivisions
2. Other corporations, institutions and entities for public interest or purpose, created by
law, their personality begins as soon as they have been constituted according to law
3. Corporations, partnerships and associations for private interest or purpose to which the
law grants a juridical personality, separate and distinct from that of each shareholder,
partner or member.
Art. 45. Juridical persons mentioned in Nos. 1 and 2 of the preceding article are governed
by the laws creating or organizing them. Private corporations are regulated by laws of
general application on the subject. Partnership and associations for private interest or
purpose are governed by the provisions of this Code concerning partnerships (36 and 37a)
Art. 46. Juridical persons may acquire and possess property of all kinds, as well s incur
obligations and bring civil or criminal actions, in conformity with the laws and regulations
of the organization.
Juridical Person is a being of legal existence susceptible of rights
and obligations, or of being the subject of juridical relations.
As a fundamental rule, the State cannot be sued without its consent.
Political subdivisions municipal corporations, provinces, cities and
municipalities.
Municipal corporations exist in dual capacity.
They exercise the right springing from sovereignty
They exercise private, proprietary or corporate right, arising from their existence as legal
persons, and not as public agencies.
Corporations (government) are governed by BP 68, aka Corporation Code of the
Philippines. (effective May 1, 1980)
Partnership 2 or more.
Distinct Personality and Exceptions: Corporations, partnerships and associations for
private interest and purpose may be granted by law a juridical personality, separate and
distinct from that of each shareholder, partner or member. Example: Obligation of corp is
not obligation of stockholder, and vice versa.
Art. 47. Upon the dissolution of corporations, institutions and other entities for public
interest or purpose mentioned in No. 2 of Art 44, their property and other assets shall be
disposed of in pursuance of law or the charter creating them. If nothing has been specified
on this point, the property and other assets shall be applied to similar purposes for the
benefit of the region, province, city or municipality which during the existence of the
institution derived the principal benefits from the same.

Citizenship and Domicile

Art. 48. The following are citizens of the Philippines
1. Those who were citizens of the Philippines at the time of the adoption
of the Constitution of the Philippines
2. Those born in the Philippines of foreign parents who, before the adoption of said
Constitution, had been elected to public office in the Philippines
3. Those whose fathers are citizens of the Philippines
4. Those whose mothers are citizens of the Philippines and, upon
reaching the age of majority, elect Philippine citizenship
5. Those who are naturalized in accordance with law.
Art. 49. Naturalization and the loss and reacquisition of citizenship of the
Philippines are governed by special laws.
Art. 50. For the exercise of civil rights and the fulfillment of civil obligations, the domicile
of natural persons is the place of their habitual residence.
Domicile denotes a fixed permanent residence to which, when
absent, one has the intention of returning.
Domicile is residence coupled with the intention to remain for
an unlimited time.
Residence used to indicate a place of abode, whether
permanent or temporary.
One may have many residences, but only one domicile.
A minor follows the domicile of his parents
Domicile of origin can only be lost and a change of domicile occurs
when the following requisites are present:
An actual removal or an actual change of domicile
A bona fide intention of abandoning the former place of
residence establishing a new one
Acts which correspond with the purpose.
Under the Family Code, the husband and wife shall fix the family
domicile. In case of disagreement, the Court shall decide.
Art. 51. When the law creating or recognizing them, or any other provision does not fix the
domicile of juridical persons, the same shall be understood to be the place where their
legal representation is established or where they exercise their principal functions.
Jus Sanguinis citizenship by blood
Jus Soli refers to citizenship on the basis of the place of birth
Acquisition of Citizenship: governed by CA 473, as amended.

Qualifications

Not be less than 21 on day of hearing of petition

 Must have resided in Phil for a continuous period of not less than 10 years
Good moral character and believes in the principles of Consti. Proper conduct and
irreproachable manner during residence in Phil in his relation with constituted govt.
as well as with community hes living
Must own real estate in Phil worth not less than P5,000.00, Phil currency, or must
have some known lucrative trade, professions or lawful occupation. (under present
consti, no alien may own land except through hereditary succession)
Able to speak and write in English or Spanish and any one of the principAL
Philippine languages
Must have enrolled his minor children of school age, in any public or private school
recognized by the Office of Private Education of the Philippines

Special Qualifications (1o years continuous residence may be reduced to 5

years) if:
Honorably held office
Established a new industry or introduced a useful invention in the Phil
Being married to a Filipino woman
Engaged as a teacher in Phil in a public or recognized private school not
established for exclusive instruction of children of persons of a particular nationality
or race, in any of the branches of educ or industry for a period of not less than 2
years
Born in the Philippines

Who are disqualified

Opposed to organized govt or affiliated with any association who uphold or teach
doctrines opposing all organized govts.
Defend or teach the necessity or propriety of violence, personal assault, or
assassination for the success and predominance of their ideas
Polygamists or believers in practice of polygamy
Convicted of crimes involving moral turpitude
Suffering from mental alienation or incurable contagious diseases
During residence, has not mingled socially with Filipinos, or who have not evinced a
sincere desire to learn and embrace all customs, traditions, and ideals of Filipinos
Citizens of nations with whom (US and) the Phil are at war, during the period of war
Citizens of foreign (other than US), whose laws do not grant Filipinos the right to
become naturalized citizens or subject thereof.

 Loss of Citizenship

Naturalization in foreign country

Express renunciation of citizenship
Oath of allegiance to support consti of foreign upon being 21 y/o. Provided,
may not divest himself of Phil citizenship in any manner while RP is at war
with any country
Render service, or accept commission in the armed forces of foreign.
Provided, shall not divest a Filipino of a Phil citizenship if:
RP has a defensive and/or offensive pact of alliance with foreign country
Said foreign country maintains armed forces on Phil territory with consent of
RP. Provided:
He states that he does so only in connection with his service to said foreign
country
Render service under any circumstances mentioned in par a and b, shall not
be permitted to participate or vote in any election of RP during period of
service or commission in the armed forces of said country
cancellation of certificate of naturalization
declared by competent authority a deserter of Phil armed forces in time of
war, unless plenary pardon or amnesty granted
in case of a woman, upon her marriage to a foreigner if by virtue of laws in
force in her husbands country, she acquires his nationality.

Reacquisition of Citizenship

By naturalization. Provided, he doesnt have any of the disqualifications prescribed.

Repatriation of deserters of army, navy or air corps. Provided, woman who lost her
citizenship by reason of marriage with alien, be repatriated after termination of
marital status
By direct act of the Congress of the Philippines