[REPUBLIC ACT NO.

386]
AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES
THE CIVIL CODE
FIRST CONGRESS OF THE REPUBLIC OF THE PHILIPPINES
Fourth Session
PRELIMINARY TITLE

CHAPTER I
EFFECT AND APPLICATION OF LAWS
Article 1. This Act shall be known as the "Civil Code of the Philippines.
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)
This code shall take effect 1 year after such publication. The SC in the case of Lara vs. Del Rosario
that the one year should be counted from the date of actual release and not the date of issue.
Executive Order No. 200 supersedes Article 2 regarding the time of effectivity of laws.
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
WHEREAS, Article 2 of the Civil Code partly provides that laws shall take effect after fifteen days
following the completion of their publication in the Official Gazette, unless it is otherwise
provided . . .;
WHEREAS, the requirement that for laws to be effective only a publication thereof in the Official
Gazette will suffice has entailed some problems, a point recognized by the Supreme Court in Tanada, et
al. vs. Tuvera, et al. (G.R. No. 63915, December 29, 1986) when it observed that [t]here is much to be
said of the view that the publication need not be made in the Official Gazette, considering its erratic
release and limited readership;
WHEREAS, it was likewise observed that [u]ndoubtedly, newspapers of general circulation could
better perform the function of communicating the laws to the people as such periodicals are more easily
available, have a wider readership, and come out regularly; and
WHEREAS, in view of the foregoing premises Article 2 of the Civil Code should accordingly be
amended so the laws to be effective must be published either in the Official Gazette or in a newspaper of
general circulation in the country;
Xxx
xxx
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Sec. 1. Laws shall take effect after fifteen days following the completion of their publication either in the
Official Gazette or in a newspaper of general circulation in the Philippines, unless it is otherwise
provided.
Sec. 2. Article 2 of Republic Act No. 386, otherwise known as the Civil Code of the Philippines, and
all other laws inconsistent with this Executive Order are hereby repealed or modified accordingly. (June
18, 1987)
15 days following - does this mean on the 15th or 16th day? The law is not clear.
Under Article 2, publication in the Official Gazette was necessary. Now, under E.O. No. 200,
publication may either be in the Official Gazette or a newspaper of general publication
unless otherwise provided refers to when the law shall take effect.
It does not mean that publication can be dispensed with. Otherwise, that would be a violation of due
process.
General Rule: Laws must be published in either the Official Gazette or a newspaper of general
circulation.
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Exception: The law may provide for another manner of publication. Different manner meaning:
1. NotinOfficialGazetteornewspaperofgeneralcirculation;or
2. Changeintheperiodofeffectivity
publication means making it known; dissemination. It doesnt have to be in writing.
Change period of effectivity the gap between publication and effectivity should be reasonable
under the circumstances.
Before publication, cannot apply the law whether penal or civil (Pesigan vs. Angeles)
Why? How can you be bound if you dont know the law.
Requirement of publication applies to all laws and is mandatory.
Art. 3. Ignorance of the law excuses no one from compliance therewith.
Ignorantia legis neminem excusat (Ignorance of the law excuses no one).
There are potential methods to mitigate the severity of Article 3 Articles 526 (3), 2155, 1334.*
* Art. 526, 3. Mistake upon a doubtful or difficult question of law may be the basis of good faith.
Art.2155. Payment by reason of a mistake in the construction or application of a doubtful or difficult
question of law may come within the scope of the preceding article.
Art.1334. Mutual error as to the legal effect of an agreement when the real purpose of the parties is
frustrated, may vitiate consent.
In Kasilag vs. Rodriguez, the SC said that the possession of the antichretic credit as possession in good
faith since a difficult question of law was involved antichresis. In this case, the parties were not very
knowledgeable of the law.
Article 3 applies only to ignorance of Philippine law. It does not apply to foreign law.
In Private International Law, foreign law must be proven even if it is applicable. Otherwise, the courts
will presume the foreign law to be the same as Philippine law.
Art. 4. Laws shall have no retroactive effect, unless the contrary is provided.
Lex de futuro judex de preterito (The law provides for the future, the judge for the past).
Retroactive law one which creates a new obligation and imposes a new duty or attaches a new
disability with respect to transactions or considerations already past.
General Rule: Law must be applied prospectively.
Exceptions:
If the statute provides for retroactivity.
Exception to the exception:
a. Ex post facto laws
b. Laws which impair the obligation of contracts
Penal laws insofar as it favors the accused who is not a habitual criminal, even though at the time of the
enactment of such law final sentence has already been rendered.
Remedial laws as long as it does not affect or change vested rights.
When the law creates new substantive rights unless vested rights are impaired.
Curative laws (the purpose is to cure defects or imperfections in judicial or administrative proceedings)
Interpretative laws
Laws which are of emergency nature or are authorized by police power (Santos vs. Alvarez; PNB vs.
Office of the President)
Art. 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except
when the law itself authorizes their validity.
A mandatory law is one which prescribes some element as a requirement (i.e., wills must be written
Article 804; form of donations Article 749)
A prohibitory law is one which forbids something (i.e., joint wills Article 818)
General Rule: Acts which are contrary to mandatory or prohibited laws are void.
Exceptions:
When the law itself authorized its validity(i.e.,lotto, sweepstakes)
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 When the law makes the act only voidable and not void (i.e., if consent is vitiated,
the contract is voidable and not void)
When the law makes the act valid but punishes the violator(i.e.,if the marriageis celebrated by someone
without legal authority but the parties are in good faith, the marriage is valid but the person who married
the parties is liable)
When the law makes the act void but recognizes legal effects flowing therefrom (i.e., Articles 1412 &
1413)
Art. 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)
What one can waive are rights and not obligations. Example, a creditor can waive the loan but the
debtor may not.
There is no form required for a waiver since a waiver is optional. You can waive by mere inaction,
refusing to collect a debt for example is a form of waiver.
Requisites of a valid waiver (Herrera vs. Boromeo)
Existence of a right
Knowledge of the existence of the right
An intention to relinquish the right (implied in this is the capacity to dispose of the
right)
General Rule: Rights can be waived.
Exceptions:
If waiver is contrary to law, public order, public policy, morals or good customs
If the waiver would be prejudicial to a 3rd party with a right recognized by law.
(e.g., If A owes B P10M, B cant waive the loan if B owes C and B has no other assets.)
Examples of waivers which are prohibited:
1. Repudiation of future inheritance
2. Waiver of the protection of pactum commissorium
3. Waiveroffuturesupport
4. Waiver of employment benefits in advance
5. Waiver of minimum wage
6. Waiveroftherighttorevokeawill
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)
Only subsequent laws can repeal prior laws either through:
1. A repealing clause
2. Incompatibility of the subsequent and prior laws
The violation of a law is not justified even if:
1. No one follows the law(i.e.,non payment of taxes)
2. There is a custom to the contrary
Art. 8. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of
the legal system of the Philippines.
Art. 9. No judge or court shall decline to render judgment by reason of the silence, obscurity or
insufficiency of the laws.
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.
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 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.
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.
Sec. 31. Legal Periods. - "Year" shall be understood to be twelve calendar months;
"month" of thirty days, unless it refers to a specific calendar month in which case it shall be computed
according to the number of days the specific month contains; "day," to a day of twenty-four hours; and
"night," from sunset to sunrise.
CONFLICTS OF LAW PROVISIONS
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.
Two principles:
1. Territoriality
General Rule: Criminal laws apply only in Philippine territory.
Exception: Article 2, Revised Penal Code.
Art. 2. Application of its provisions. Except as provided in the treaties and laws of preferential
application, the provisions of this Code shall be enforced not only within the Philippine Archipelago,
including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction,
against those who:
Should commit an offense while on a Philippine ship or airship;
Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and
securities issued by the Government of the Philippine Islands;
Should be liable for acts connected with the introduction into these islands of the obligations and
securities mentioned in the presiding number;
While being public officers or employees, should commit an offense in the exercise of their functions; or
Should commit any of the crimes against national security and the law of nations, defined in Title One of
Book Two of this Code.
2.
Generality
General Rule: Criminal laws apply to everyone in the territory (citizens and aliens)
Exceptions: In these instances, all the Philippines can do is expel them
a. Treaty stipulations which exempt some persons within the jurisdiction of Philippine courts (e.g., Bases
Agreement)
b. Heads of State and Ambassadors
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.
Theories on Personal Law:
1.
Domiciliary theory - the personal laws of a person are determined by his domicile
2.
Nationality theory - the nationality or citizenship determines the personal laws of the individual
General Rule: Under Article 26 of the Family Code, all marriages solemnized outside the Philippines
in accordance with the laws in force in the country where they were solemnized and valid there as such,
is also valid in the Philippines.
Exception: If the marriage is void under Philippine law, then the marriage is void even if it is valid in
the country where the marriage was solemnized .
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Exception to the exception:

1.
Article35,2,FamilyCode
Art. 35. The following marriages shall be void from the beginning:
(2) Those solemnized by any person not legally authorized to perform marriages unless such marriages
were contracted with either or both parties believing in good faith that the solemnizing officer had the
legal authority to do so;
2.
Article35,3,FamilyCode
Art. 35. The following marriages shall be void from the beginning:
(3) Those solemnized without license, except those covered the preceding Chapter;
Even if the foreign marriage did not comply with either s 2 and 3 of Article 35, Philippine law will
recognize the marriage as valid as long as it is valid under foreign law.
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.
Art. 16, 1. Real property as well as personal property is subject to the law of the country where it is
stipulated.
Lex situs or lex rei sitae governs real or personal property (property is subject to the laws of the
country in which it is located).
In Tayag vs. Benguet consolidated, the SC said that Philippine law shall govern in cases involving
shares of stock of a Philippine corporation even if the owner is in the US.
Art. 16, 2. 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.
The national law of the decedent regardless of the location of the property shall govern. Thus, the
national law of the decedent shall determine who will succeed.
In Miciano vs. Brimo, the SC said that the will of a foreigner containing the condition that the law of
the Philippines should govern regarding the distribution of the properties is invalid.
In Aznar vs. Garcia, what was involved was the renvoi doctrine. In this case, the decedent was a
citizen of California who resided in the Philippine. The problem was that under Philippine law, the
national law of the decedent shall govern. On the other hand, under California law, the law of the state
where the decedent has his domicile shall govern. The SC accepted the referral by California law and
applied Philippine law (single renvoi).
Problem: What if the decedent is a Filipino domiciled in a foreign country which follows the
domiciliary theory?
Art. 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.
Lex loci celebrationis (formal requirements of contracts, wills, and other public instruments are
governed by the country in which they are executed)
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 IS THERE A CONFLICT BETWEEN ART/ 16 (1) AND ARTICLE 17 (1)?

Thus, the formal requirements of a contract involving real property in the Philippines must follow the
formal requirements of the place where the contract was entered into. However, if what is involved is
not the formal requirements, then the law of the place where the properties (whether real or personal) are
located shall govern.
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.
CHAPTER 2
HUMAN RELATIONS
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.
Art. 20. Every person who, contrary to law, wilfully or negligently causes damage to another, shall
indemnify the latter for the same.
Art. 21. Any person who wilfully 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.
Art. 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.
Art. 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.
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.
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.
Art. 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.
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 he 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.
Art. 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.
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 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.
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.
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 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; (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 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 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 mat 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.
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.
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 therefor. 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 the peace finds no reasonable grounds to believe that a crime has been committed, or the
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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.
Art. 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.

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