Civil Code of the Philippines

Article

Summary

This Act Shall be known as Civil Code of

the Philippines

Exception

Effectivity - Law shall take effect after

15 days after the publication
2

Mode of Publication
a) Official Gazette
b) Newspaper of General Circulation
in the PH

Ignorance

No Retroactive Effect

Acts executed against the Provision of

Mandatory or Prohibitory Laws shall be
Void

Rights may be waived:

a) Public order
b) Public Policy
c) Morals
d) or Good Customs
e) or Prejudicial to a third person
with a right recognized by the law

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Laws are repealed only by subsequent
ones

Amended by EO 200

When the law itself

authorizes their authority

Unless the waiver is

contrary to law

When a law is declared to

be inconsistent, the
former is void and the
latter shall govern

Violation or non-observance shall not be

excused by:
a) Disuse
b) or Custom
c) or Practice to the contrary
Administrative Acts, Executive Acts and
Regulations are only valid when are
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not contrary to the laws or Constitution

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10

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Judicial Decisions
No judge or court shall decline to render
judgment by reason of:
a) Silence
b) Obscurity
c) Or Insufficiency of the laws
Presumption of the intent of the
lawmakers are sought in case of doubt
in the interpretation of the law
No one shall be free of any liability if the
offender violated any public order or
public policy because it is accepted in
his or her own custom.
Ex. Polygamy.
No one will be exempt of polygamy even
though it is acceptable to someones
custom.

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A custom must be proved as a fact,

according to the rules of evidence.

Years = 365 days

Months = 30 days
Days = 24 hours
Nights = From Sunset to Sunrise

Penal laws and those of public security

and safety shall be obligatory upon all
who live or sojourn in the Philippine
territory.

Months depends on its

name and its
corresponding number of
days
In computing a period, the
1st day is excluded, the
last day included.
Subject to the principles
of Public International law
and to treaty stipulations.

Laws relating to:

Family rights and duties
Or to the Status

Condition
And Legal Capacity
ARE BINDING UPON THE CITIZENS of the
Philippines even though living abroad.

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18

Real Property as well as personal

property is subject to the law of the
country where it is situated.

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.

Order of Succession, will

follow the national law of
the person whose
succession is under
consideration.

PH laws shall govern all

the acts mentioned at par
1 executed before the
Diplomatic or Consular
Officials of RP.
Laws inexistent to the law
of the Philippines like
Divorce will found no
merit at all.

In the matters of which are governed by

the Code of Commerce and Special
laws, their deficiency shall be supplies
by the provisions of this code.

Human Relations
Article

Summary

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.

20

Exception

Every person who, contrary to law,

willfully or negligently causes damage
to another.
Action: Shall indemnify the latter for the
same.

21

Any person who willfully causes loss or

injury to another in a manner that is
contrary to morals, good customs or
public policy.
Action: Shall compensate the latter for
the damage.

22

Acquires or comes into possession of

something at the expense of the latter
without just or legal ground.
Action: Shall return the same to him.
Damage to anothers property not due
to the fault nor negligence but benefited
from the act.

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Action: Liable to indemnify the latter

24

Contractual, Property or other Relations

when 1 party is at a disadvantage on
account of his:
a) Moral
b) dependence,
c) ignorance
d) Indigence
e) Mental Weakness
f) Tender age
g) Or Other Handicap
Action: The Court must be vigilant of
his protection

25
Thoughtfulness extravagance in
expenses for pleasure or display during
a period of acute public want or
emergency may be stopped by order of
courts at the instance of any
government or private charitable
institution.

Every person shall respect his neighbors

and others of their:
a) Dignity
b) Personality
c) Privacy
d) Peace of Mind
Action: The following may not constitute
a criminal offense but produce a cause
of action for damages, prevention and
other relief:
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Prying into the Privacy of another

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

27

Suffering material or moral loss because

of a public servant or employees refuses
or neglects, without just case, to
perform his official duty
Action: File damages and other relief
against the aggrieved party without
bias to the action to be taken.

28

Unfair Competition in the:

Agricultural,
a) Commercial
b) Or industrial enterprises
c) Or in labor through
the use of:
a) force
b) intimidation
c) deceit
d) machination

e) or any unjust or oppressive

f) or high handed method
Action: The person who suffers the
damage must be given a rightful action.
Acquittal of the accused on the ground
that his guilt has not been proven
beyond reasonable doubt.

29

Action: Civil actions for damages for the

same act and omission may be
instituted. Through preponderance of
evidence.
Upon the motion of the defendant, and
the complaint may be found malicious:
Action: the plaintiff will be asked to file
a bond to answer the damages.

30

Separate civil action brought to demand

a separate civil liability arising from a
criminal offense and no criminal
proceedings are instituted during the
pendency of the case.
Action: Preponderance of evidence shall
likewise be sufficient to prove the act
complained of.
Civil action based on an obligation
separate from the acts or omission
complained of.

31
Action: Civil action may proceed
independently of the criminal
proceedings.
32

Public Officer or employee, or any

private individual, who directly or
indirectly obstructs, defeats, violates
the following rights and liberties of
another person.
Action: Liable to the latter for damages

a)
b)
c)
d)

Freedom of religion
Freedom of speech
Freedom to write for the press
Freedom from arbitrary or illegal
detention
e) Freedom of suffrage
f) Right against deprivation of
property without due process of
law.
g) Right to a just compensation when
private property is taken for public
use.
h) Right to the equal protection of
the laws.
i) Right to be secured in the
following against unreasonable
searches and seizures:
a. ones person
b. house
c. papers
d. effects
j) Liberty of abode and of changing
the same
k) Privacy of communication and
correspondence
l) Right to become a member of
associations or societies for
purposes not contrary to law.
m) Right to take part in a peaceable
assembly to petition the
Government for redress of
grievances.
n) Right to be free from involuntary
servitude in any form.
o) Right of the accused against
excessive bail.
p) Right of the accused:
a. to be heard by himself and
counsel and
b. to be informed of the nature
and cause of the accusation
against him.
c. Speedy and public trial
d. Meet the witness face to
face
e. To have compulsory process
to secure the attendance of
the witness in his behalf.

q) Freedom from being compelled to

be a witness against oneself and
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
become State Witness.
r) 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.
s) Freedom of access to the courts.
The aggrieved party (criminal case)
has the right to constitute an
independent civil actions for
damages and for other relief:
Moral Damages
Exemplary Damages
Such civil action shall be proved with
the preponderance of evidence.
The action shall be initiated by the
aggrieved
party and is not a responsibility of
the judge unless the criminal act will
be proved.

33

Civil action for damages entirely

separate of a criminal action may be
brought by the injured party in the
cases of:
Defamation
Fraud
And Physical Injuries

34
When a member of a city municipal
police force refuses or fails to render aid
or protection to any person in case of
danger to life or property.

Action: The peace officer shall be liable

for the damages and the city or
municipality shall be subsidiarily
responsible. The civil action shall be
independent of any criminal
proceedings and preponderance of
evidence shall suffice to support such
action.
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 reasonable
grounds to believe that a crime has
been committed, or the prosecutoring
attorney refuses or fails to institute
criminal proceedings.
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Action: the complainant may bring a
civil action for damages against the
alleged offender.
Defendants Motion
The plaintiff may be required by the
court to file a bond to indemnify the
defendant should the complaint be
found malicious.
PREJUDICIAL QUESTIONS.

36

Cases that should 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.

Marriage
Chapter 1: Requisites of Marriage

Article
1

Summary

Exception

Marriage
Special Contract
Permanent Union
Union is between a Man and a
Woman
The Union must be entered into
in accordance with law
The purpose of marriage is the
establishment of conjugal and
family life
Amendments to Article 52 of Civil
Code:
Before the most important object of a
marriage is PROCREATION but
eventually amended to a new purpose
of THE ESTABLISHMENT OF CONJUGAL
AND FAMILY LIFE.
This is for the reason that parties
entering into this contract may not have
the capability to bear a child nor have
entered into the contract past the age
of procreation when they get married.
Aspects of Marriages:
As a contract and
As a Status
Difference of Marriage Contract vs
Ordinary Contract:
Ite
m
1

Marriage
Contract
Contracting
parties is a
Man and a
Woman.
Permanent and
can only be
dissolved by
the death of
the other party
unless
annulled or

Ordinary
Contract
Indefinite

Defined terms

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declared void
for legal
causes.
Right and
duties of the
parties are
FIXED by LAW
and not
subject to
stipulations
except the
marriage went
into legal
settlements.
Breach of the
obligations of
both the
husband and
wife does not
give rise to
any action fir
damages but
the law
prescribe
penal and civil
actions.

Agreement has
a FORCE of LAW

Breach of the
contract, gives
to an action for
damages

Ex.
Concubinage
or
Adultery, Legal
Separation,
Action for
support, etc.
Marriage as a STATUS:
a) Marriage is no longer a Contract
but an Inviolable Social Institution
b) Already governed by law and not
subject to stipulation.
c) Carries with it implications on 2
Fields:
The REALM OF PERSONAL
RIGHTS AND OBLIGATION OF
THE SPOUSES
(Personal Matter and not
usually interfered by the
Courts)

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REALM OF PROPERTY
RELATIONS
(Several Judicial Sanctions
Available)

Essential requisites:
a) Legal capacity of the contracting
parties who must be a Male and a
Female
b) Consent freely given in the
presence of the solemnizing
officer
Consent of the parties and not
the parental consent
Consent is real
Parties must personally appear
before the solemnizing officer
excluding common-law
marriages and marriages by
proxy.

Formal Requisites:
Authority of the Solemnizing Officer
A valid marriage license except in the
case of

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Article 1
Article 2
Article 3
Article 4
Article 5
Article 6 No prescribed form of religious right for the solemnization of marriage is
required.
Article 7
Article 8
Article 9
Article 10
Article 11 Filing of Marriage License at Local Registrar
Article 12 Birth or Baptismal Certificate
Article 13
Article 14 18-21 y/o age parental consent
Article 15 21-25 y/o parental advice
Article 16
Article 17
Article 18
Article 19 Payment of Fees
Article 20

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Article 21 Foreigner, pr8sent certificate of Legal Capacity issued by Diplomat or

Consul Officials
Article 22
Article 23
Article 24
Article 25
Article 26
Article 27 Articulo Mortis
Article 28 Marriage in Remote and Inaccesible Areas
Article 29
Article 30
Article 31
Article 32
Article 33 Marriage by Muslims and Ethnic Cultural minorities solemnized
according to their customs, rites or practices
Article 34 Marriage by Cohabitation (5 yrs minimum requirement and no legal
impediment
Article 35
1) Below 18 y/o
2) Absence of authority of Solemnizing Officer (except good faith
marriage)
3) Solemnized without a license (except those cohabiting for more than
5 years)
4) Bigamous and Polygamous
5) Mistake in Identity
6) Subsequent marriage without partition of property
Article 36 Psychological Incapacity Void Marriage
Article 37 Incestuous Marriages
1) Between ascendant and descendant
2) Between brothers and sisters
Article 38 Void Marriages by reason of Public Policy
1) Between collateral relatives (up to 4th degree)
Article 39
Article 40
Article 41
Article 42
Article 43
Article 44

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