Group-1

ORGANIZED BY:
Arnel C. Las Marias
And, Carlo Mapalo

LAW 101:PERSONS AND FAMILY RELATIONS

THE HISTORY AND

OVERVIEW OF
PHILIPPINE CIVIL
CODE

LAW 101:PERSONS AND FAMILY RELATIONS

Source of the Philippine Civil Code

Civil Code of Spain of 1989
Code and laws of other Countries, such as Spain, the various State of
united state of America, like California and Louisina, France, Argentina,
Mixico, Switzerland,England and Italy
Judicial decisions of the Supreme Court of the Philippine, of the U.S.A
Spain and other Countries
Philippine laws or statutes such as the code of civil procedure(Art
No.190),the Rules of Court, the Marriages law(Act No.3613),The Divorce law
(Act No.2710), the Family Code (E,O.229,as amended by E.O.No.227), and
the Inter-Country Adoption law(R.A.No.8043)
Works of jurists and commentator of various nation
Filipino customs and traditions and the Code Commission itself.(See:
Report of the Code Commission,pp.2-3)

LAW 101:PERSONS AND FAMILY RELATIONS

Classifications of Law
A. Substantive Law
B. Procedural/Remedial Law

C. Private Law
D. Public Law

A. Substantive Law- defines our specific rights, responsibilities,

duties and obligations as individuals and as a member of society.
b. Procedural/ Remedial Law- lays down the rules and
procedures by which we can seek redress for the violation or
infringement of such rights.

LAW 101:PERSONS AND FAMILY RELATIONS

C. Private Law- covers those laws dealing with the private

relation of person such as:
*The Law on Person and Family Relations
*The Law on Property
Public Law- * The Law on Obligations and Contracts
D. set of laws which govern the rights and duties arising from the
relationship between the state and the people it embraces the
following law:
*International Law
* Constitutional Law
*Administrative Law
LAW 101:PERSONS AND FAMILY RELATIONS

THE PHILIPPINE CIVIL LAW

LAW 101:PERSONS AND FAMILY RELATIONS

Civil

Law Dened

(a) It is that branch of the law that generally treats of the

personal and family relations of an individual, his property
and successional rights, and the effects of his obligations and
contracts.
(b) It is that mass of precepts that determine and regulate the
relations of assistance, authority, and obedience among members
of a family, and those which exist among members of a society for
the protection of private interests, family relations, and property
rights.
CIVIL --------civiles a citizen, as distinguished from a savage or a
barbarian. Originally, the word pertained to a member of a
civitas or free political community.
(Blacks Law Dictionary)

LAW 101:PERSONS AND FAMILY RELATIONS

Civil Law Distinguished from Political Law

CIVIL LAW

POLITICAL LAW

Civil law governs the relations of Political law

deals with the
the members of a community with relations of the people and the
one another.
government.

Civil Law Distinguished from the Civil Code

CIVIL LAW

CIVIL CODE

Civil law is defined as the mass of precepts

which determines and regulates those
relations of assistance, authority and
obedience existing among members of a
family as well as among members of a society
for the protection of private interests.

The Civil Code is a compilation

of existing civil laws arranged
into books, titles, chapters, and
sub-heads and promulgated by
legislative authority.

LAW 101:PERSONS AND FAMILY RELATIONS

Republic Act No. 386 June 18, 1949

The Civil Code of the Philippines
AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF
THE PHILIPPINES
Preliminary Title Articles 1-36: EFFECT AND APPLICATION OF
LAWS & HUMAN RELATIONS
Book One Articles 37-413 :
PERSONS AND FAMILY
RELATIONS
Book Two Articles 414-711 : PROPERTY, OWNERSHIP, AND
ITS MODIFICATIONS
Book Three Articles 712-1155: DIFFERENT MODES OF ACQUIRING
OWNERSHIP
Book Four Articles 1156-2270 : OBLIGATIONS AND CONTRACTSZ

LAW 101:PERSONS AND FAMILY RELATIONS

THE EFFECT AND

APPLICATION OF LAWS
(ART. 1-26)

LAW 101:PERSONS AND FAMILY RELATIONS

Effect and Applications of Law

ARTICLE 1
This Act shall Republic Act No. 386 be known as

An
Act to Ordain and Institute
the Civil Code of the
Philippines.

the Civil Code

of

the

Philippines.

Main draft of the Civil Code

was prepared by the Roxas
Code Commission (1947
Code of Commission)

E.O. No. 48 (20 March

1947) by Pres. Manuel Roxas

ARTICLE 2
Laws shall take effect General rule: Laws take effect after
after

fifteen

following

days
the

completion of their
publication

in

the

Official

Gazette,

unless it is otherwise
provided. This code
shall take effect one
year
publication.

after

15 days following the completion of

its publication in the Official Gazette
or in a newspaper of general
circulation (EO No. 200)
The law shall take effect on the
16th day because in counting the
period, the first day is excluded
and the last day included (Art. 13,
NCC)
No one shall be charged with
notice of the statues provision
until publication is completed and
the 15 day period has expired.

ARTICLE 2
Coverage
o Presidential Decrees
o Laws which refer to all statues, including local and private laws
o Administrative rules and Regulations where purpose it to enforce/implement
existing law pursuant to a valid delegation
o Charter of a City
o Circulars issued by the Monetary Board where purpose is not merely to
interpret but to fill in the details of the Central Bank Act
o Circulars and Regulations which prescribe a penalty for its violation (People v.
Que, G.R. No. L-6791)

o Executive Orders (Taada v. Tuvera, G.R. L-63915)

ARTICLE 2
Publication not Required
o Interpretative regulations and those internal in nature,
regulating only the personnel of the administrative
agency
o Letters of Instructions issued by administrative
superiors on rules/guidelines to be followed by
subordinates in the performance of their duties
Note: Date of effectivity of Municipal Ordinances is NOT
covered by this rule but by the Local Government

ARTICLE 3
Conclusive Presumption every person
is presumed to know the law even if they
have no actual knowledge of the law.

Applies only to mandatory and prohibitory laws

Does not apply to foreign laws because there is

no judicial notice of such foreign laws; it must
be proved like any other matter of fact

Note: Mistakes in the application or interpretation

of difficult or doubtful provisions of law may be
the basis of good faith and has been given the
same effect as a mistake of fact, which may
excuse one from the legal consequences of his
conduct (Art. 526, 2155, NCC)

Ignorance
of the law
excuses no
one from
complianc
e
therewith.

ARTICLE 3
EXAMPLE:
WHAT IS THE DIFFERENT IGNORANCE OF THE LAW
AND THE IGNORANCE OF THE FACT
1.Ignorance of law
is not an excuses for criminal act. The fact that a person honesty
believes that he has a right to do what the law declares to be illegal
will not affect the criminality of the act.

2.Ignorance of fact
it can be good defense. The reason for the rule is that, foreign laws dot
not prove themselves in the phillippines.they must be proven s fact
according to rule of evidence.

ARTICLE 4

General
rule:
retroactive effect

no

Laws creating
rights

Unless
the
law
otherwise provides

Penal laws favorable

to the accused

Exceptions

Tax
laws
when
expressly declared or
is
clearly
the
legislative intent

Interpretative statues

Procedural
Remedial

or

Curative or remedial
statutes

Emergency laws

Exceptions
Exception:

to

new

the

Ex Post Facto Law

Laws that
obligation
contracts

impair
of

Laws
shall
have
no
retroactive
effect,
unless the
contrary is
provided.

ARTICLE 5
Acts
executed
against
the
provisions
of
mandatory or
prohibitory
laws shall be
void,
except
when the law
itself
authorizes
their validity.

Acts contrary to mandatory or prohibitory

laws are VOID
Exceptions
o The law makes the act valid but punishes the
violator
(ex:; Marriage solemnized by a person
without legal authority)
o The law itself authorizes its validity
(ex. Lotto, sweepstakes)
o The law makes the act only voidable
(ex. Voidable contracts where consent is
vitiated)
o The law declares the nullity of an act but
recognizes its effects as legally existing

ARTICLE 6
Rights may be
waived, unless
the waiver is
contrary to law,
public
policy,
morals or good
customs,
prejudicial to a
third
person
with a right
recognized
by
law

General rule: rights can be waived

Requisites for a valid waiver

Full capacity to make the waiver

Waiver must be unequivocal

Right must exist at the times of the waiver

It must not be contrary to law, public policy, morals or good customs or

prejudicial to a third person with a right recognized by law

When formalities are required, the same must be complied with

Exceptions:
o

Waiver is contrary to law, public order, public policy, morals or good customs

If the waiver is prejudicial to third party with a right recognized by law

Alleged rights which really do not yet exist, as in the case of future inheritance

If the right is natural right such as right to be supported

ARTICLE 7
Laws
are
repealed
only
subsequent ones, and their
violation
or
nonobservance 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.

Repeal of laws:
o Express Repeal
Repeal of repealing law will not revive the
old law
Unless expressly provided
o Implied Repeal
The provisions of the subsequent law are
incompatible with those of the previous
law

Administrative or executive
Requisites:
acts,
orders
and
regulations shall be valid
o Both laws cover the same subject
only when they are not
contrary to the laws or the
o The latter law is repugnant to the earlier law
Constitution.

ARTICLE 8

Doctrine of Stare Decisis

o

enjoins adherence to judicial precedents and is based on the

principle that once a question law has been examined and
decided it should be deemed settled and closed to further
argument

Judicial decisions
o

Are not laws

assume the same authority as the statue itself

No publication required binding on parties after the lapse of

appeal period and will bind all future cases with identical facts,
until reversed by SC

SCs interpretation merely establishes the contemporaneous

legislative intent that the construed law purports to carry into
effect

However, when a doctrine is overruled and a different view is

adopted, the new doctrine should be applied prospectively and
should not prejudice parties who relied on the old doctrine

Judicial decision
applying
or
interpreting the
laws
or
the
Constitution
shall form part
of
the
legal
system of the
Philippines.

ARTICLE 9
Duty of Judges
o Should have dispensation of justice in
accordance with constitutional precept
o Not
evade
performance
of
this
responsibility just because of an apparent
non-existence of any law on a particular
subject

Judicial Legislation
o Act of the court to legislate to fill in the gaps
in the law

No judge or
court
shall
decline
to
render
judgment by
reason of the
silence,
obscurity or
insufficiency
of the laws.

ARTICLE 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.

Doubtful statutes

o duty of court is to
apply the law
o CONSTRUCTION
and
INTERPRETATION

ARTICLES 11 & 12
Art. 11 Customs
which are contrary
to law, public order
or public policy
shall
not
be
countenanced. (n)

Rules of conduct formed by repetition of acts uniformly

observed as a social rule. They are legally binding and
obligatory

General Rule: customs must be proved as a fact

according to the rules of evidence

there is already a decision rendered by the same court

recognizing the custom

Art. 12 A custom
must be proved as a
fact, according to
the
rules
of
evidence. (n)

Exception: a court may take judicial notice of a custom if

Requisites to Make a Custom an Obligatory Rule:

o

Plurality or repetition of acts

Practiced by the great mass of the social group

Continued practice for a long period of time

The community accepts it as a proper way of acting,

such that it is considered as obligatory upon all

ARTICLE 13
When the law speaks 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.

Rule on Periods
o

Years 365 days, unless year is identified

Months 30 days, unless month identified

Days 24 hours

Nights sunset to sunrise

Calendar week Sunday to Saturday

Week count 7 days as indicated, not necessarily

Sunday to Saturday

To count the period, first day is excluded, last day is

included

Exception:
o

Rule does NOT apply to computation of age; each

year is counted based on birth anniversary

ARTICLE 14
Penal laws and those
of public security
o Citizens and foreigners both subject
and safety shall be
to ALL PENAL LAWS and other
obligatory upon all
laws to maintain public safety
who live or sojourn
in the Philippine
Exception
territory, subject to
the principles of
o Foreigners are immune from suit in
public international
cases where the govt waived its
law and to treaty
criminal jurisdiction
stipulations.
o Basis: Principles of public
international law and treaty
stipulation

Obligatory Force of Penal Laws

ARTICLE 15
Laws
relating
to Nationality Rule
family rights and
o Regardless of where a
Filipino citizen maybe, he
duties, or to the
or she will be governed
status, condition and
by Philippine laws with
legal capacity of
respect to his or her
status, condition and
persons are binding
legal capacity
upon citizens of the
o Exception: Art. 25 of
Philippines,
even
Family Code
though
living
abroad.

ARTICLE 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.

Law Governing
Properties

Real

o The law of the country

where
the
real
property is situated
shall be the governing
law over such real
property
o Respect to order of
succession
and
amount
of
successional
rights
and national law of
the deceased

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.

ARTICLE 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.

Suppletory Nature
o Matters
that
are
governed by Code of
Commerce / Special
Laws

the
deficiency of which
can be supplied by
the provisions of the
Civil Code

Human Relations
ARTICLE 19
Every person must, in Abuse of Rights
the exercise of his
o Elements:
rights and in the
Existence of a legal right or duty
performance of his
Which is exercised in bad faith
duties,
act
with
For the sole intent of prejudicing or injuring
justice, give everyone
another
his due, and observe
honesty and good Doctrine of Violenti Non Fit Injuria
faith.
o To which a person assents is not esteemed
in law as injury

Damnum absque injuria

o Damage without injury

Human Relations
ARTICLES 20 and 21
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.

Elements:

o There is a legal act

o But which is contrary to morals,
good customs, public order or
public policy
o It is done with intent to injure
Arts 19, 20 and 21 are related to one
another and under these articles, an
act which causes injury to another
may be made the basis for an award
of damages
Arts 19 and 21 refer to intentional acts
which Art 20 pertains either to willful
or negligent acts, which must be
contrary to law

Human Relations
ARTICLE 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.

Accion in Rem Verso action for recovery of what has been

paid without just cause

Application

When someone acquires or comes in possession of something,

which means delivery or acquisition of things

Acquisition is undue and at the expense of another, which

means without just or legal ground

Requisites
o

Defendant has been enriched

Enrichment is without just or legal ground

Plaintiff has suffered a loss

He has no other action based on contract, quasi-contract, crime

or quasi-delict

Human Relations
ARTICLE 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.

Unjust
Enrichment
oNo person can
claim what is
not validly or
legally his or
hers

Human Relations
ARTICLE 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.

Court Vigilance
o Must render justice
and must be very
vigilant in protecting
the rights of the
disadvantaged
o That all decision must
be in consonance with
what is right and legal

Human Relations
ARTICLE 25
Extravagance during
Thoughtless
extravagance
in
Emergency
expenses
for
o Law seeks to prevent
pleasure or display
INCONSIDERATE AND
during a period of
OSTENATIOUS ACTIVITIES during
times of emergency
acute public want
or emergency may
o Unless provided that entities are
be stopped by order
given legal standing to seek and
of the courts at the
injunction
instance
of
any
Government
government
or
private charitable
Private Charitable
institution.
Institution

Human Relations
ARTICLE 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
residence;

the

privacy

of

another's

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.

Protection of
Human Dignity
o Sacredness of human
personality for human
amelioration
o Laws are in created to
sufficiently forestall
human suffering, to
curb factors or
influence that would
the noblest sentiments
in order to be
EFFECTIVE.