Chapter 1: Effect and Application of Laws
Article 1. This Act shall be
known as the Civil Code of
the Philippines
Article 2. Laws shall be
effective after fifteen days
following the completion of Amended through E.O. 200 issued by President Corazon
the publication either in the Aquino on June 18, 1987
Official Gazette or in a
newspaper of general
circulation, unless it is
otherwise provided
Article 3. Ignorance of the
law excuses no one from
compliance therewith
 Republic Act No.386
 Otherwise known as the Civil Code of the Philippines
 Full Name: An Act to Ordain and Institute the Civil
Code of the Philippines
 Date of Enactment: June 18, 1949
 Date of Effectivity: August 30, 1950
 Main draft prepared by the Roxas Code Commission
 Create by President Manuel Roxas through E.O. 48
(March 20, 1947)
 Chairman of the Commission: Dr. Jorge C. Bacobo
The 1950 Civil Code took effect on August 30, 1950
 Amendment → Publication either in the Official
Gazette or in a newspaper of general circulation in the
Philippines
 Rationale: The publication need not be made in the
Official Gazette because of its erratic release and
limited readership.
 Newspaper of general circulation could undoubtedly
better perform the function of communicating laws to
the people because it has a wide circulation and comes
out regularly
Effectivity of Laws
 No one shall be charged of the statute's provisions until
the said publication is completed and the required
period has expired
 Publication must be in full or no publication at all
 After the fifteen-day period, the people are deemed to
have conclusively been notified of the law
 Statutes and Laws also covered in this rule:
 Presidential Decrees, EOs, Administrative rules
and regulations, City charter
 The clause “unless it is otherwise provided” refers
to if the law states its effectivity date
 If the law provides for a longer or shorter period
than the 15-day provided, what the law expresses
immediately prevails.
 “Shall immediately take effect” → means that the
law shall take effect immediately after the
publication
Maxim: Ignorantia legis non exusat means Ignorance of the
law excuses no one
Ignorance of the law as basis of good faith
 A mistake on a doubtful or difficult question of law

Article 4. 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.
Article 6. Rights may be
waived, unless the waiver is
may be the basis of good faith, which may mitigate the
liability of an accused.
Reason:
 An accussed cannot be allowed to use ignorance as a
reason to get away with a crime
 Applies to mandatory and prohibitory laws – not
applicable to permissive or suppletory laws
 For this to be applicable, the said law must be
published first
Laws look to the future and has no retroactive effect. •
Statutes are to be construed as having only prospective
operation
Statutes are not to be construed as having a retroactive effect
so as to affect pending proceedings
Exceptions:
 If the law expressly provides for retroactivity
 If the laws are remedial in nature
 There are no vested rights in rules of procedure
 If the statute is penal in nature
 It is favorable to the accused or the convict
 That the accused is not habitual delinquent
 If the laws are of an emergency nature and are
authorized by the police power of the government
 If the law is curative
 To cure errors or irregularities
 This kind of law, to be valid, must not impair
vested rights nor affect final judgements
 If a substantive right be declared for the first time,
unless rights are impaired
Mandatory provision → the omission of such shall render the
proceedings and acts related to it generally illegal or void. •
Prohibitory → contain positive prohibitions and are couched
in the negative terms stating that the act required shall not be
done otherwise than designated. Acts committed in violation
of prohibitory laws are likewise void.
Exceptions
 When the law makes the act not void but merely
voidable (valid, unless annulled) at the instance of the
victim.
 When the law makes the act valid, but subjects the
wrong-doer to criminal responsibility
 When the law makes the act itself void, but recognizes
some legal effects
 When the law itself makes certain acts valid although
generally they would have been void
Waiver – intentional relinquishment of a known right
contrary to law, public
policy, morals, good
customs, or prejudicial to a
third person with a right
recognized by law
Article 7. Laws are repealed
only by subsequent ones,
and their violation and 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 No ordinary statute can override the constitutional provision
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.
Article 8. Judicial decisions Principal function of courts:
Exceptions
 When the waiver is contrary to law, public order,
public policy, morals, or good customs
 When the law is prejudicial to a third person with a
right recognized by law
Requisites:
 The person waiving must be capacitated to make the
waiver
 Waiver by a minor or by an insane person is
voidable.
 Waiver must be made clearly, but not necessarily
express
 Waiver must actually have the right which he is
renouncing otherwise he cannot renounce anything
 Waiver, in the express remission of a debt owed in
favor of the waiver, must comply with the formalities
of a donation.
 Waiver must not be contrary to law, morals, public
policy, public order, or good customs
 Waiver must not prejudice others with a right
recognized by law
Rights that cannot be renounced
 Natural Rights
 Alleged rights which really do not exist yet
 Those the renunciation of which would infringe upon
public policy
 When waiver is prejudicial to a third person with a
right recognized by law
Laws can be repealed either EXPRESSED OR IMPLIED
 Implied repeal - when a new law contains provisions
contrary to and inconsistent with those of the former
without expressly repealing them
 Express Repeal - Literally declared by a new law,
either in specific terms (particular law and provisions
are named, identified and declared) or in general terms
(provision of a new law declares all laws and parts of
laws inconsistent)
applying or interpreting the
laws or the Constitution
shall form part of the legal
system of the Philippines.
Article 9. 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.
Article 11. Customs which
are contrary to law, public
order or public policy shall
not be countenanced
1. Resolving legal controversies; and
2. Interpreting and construing vague provisions of law relative
to a particular dispute.
Judicial decisions assume the same authority as the statute
itself
 These decisions also constitute evidence of what the
law means
Judicial decisions of the Supreme Court are authoritative and
precedent-setting while those of the inferior courts and the
appellate courts are merely persuasive.
How Judicial Decisions may be Abrogated
 By a contrary ruling by the Supreme Court itself
 By corrective legislative acts of Congress
Judges are tasked with the dispensation of justice under the
constitutional precept that no person shall be deprived of life,
liberty, and property without due process of law.
Judges, therefore, must not evade performance of this
responsibility just because of an apparent non-existence of any
law governing a particular legal dispute or because the law
involved is vague or inadequate.
Duty of the Judge if the Law is Silent
 A judge must give decision, whether he knows what
law to apply or not. Thus even if a judge does not
know the rules of cockfighting, he must still decide the
case
Dure Lex Sed Lex
 The law may be harsh, but it is still the law
 Judges may have the duty to apply thhe law, setting
aside their personal opinions of whether it may be too
harsh or not – without prejudice to addressing to the
Congress their concerns with regard to the law
In case of doubt
 Judge should presume that “the lawmaking body
intended right and justice to prevail”
Custom – rule of conduct formed by repetition of acts,
uniformly observed and practiced as a social rule, legally
binding and obligatory.
Requisites before Courts can consider Customs
 Custom must be proved as a fact
 It must not be contrary to law, public order, or public
policy
 It mus be a number of repeated acts
 The acts must have been uniformly performed

Article 12. A custom must
be proved as a fact,
according to the rules of
evidence.
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.
Article 14. Penal laws and
those of public security and
safety shall be obligatory
upon all who live or sojourn
in the Philippine territory,
 There must be a juridical intention to make a rule of
social conduct – that disregarding it would also be
equivalent to disregarding the law
 There must be sufficient lapse of time, to give
evidence that it indeed is observed
Law distinguished from Custom
 Law is written consciously made and enacted by
Congress
 Custom is unwritten and comes from society
 Courts take no judicial notice of custom.
There is a presumption that a person acts according to the
custom of the place
A custom is presumed non-existent when the people should
know about it; do not know it even exists.
Kinds of Customs
 General Custom is that of a country
 A custom may be propter legem (in accordance with
law – although this is unnecessary because it repeats
the law) or contra legem (against the law – but this is
wrong to apply). Hence, Customs extra legem are
those which may constitute sources of supplementary
law
SELF-EXPLANATORY
Theory of Territoriality
 Any offense committed within the territory of the
country offends the state; so any person, citizen, or
alien, can be punished for a crime in the country
 Aliens staying within the Philippines have a form
subject to the principles of
public international law and
to treaty stipulations
Article 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.
Article 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
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.
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
of allegiance even if temporary, that is why they
are still punished for crimes they can commit
Exceptions
 Public International Law – immunities granted to
diplomatic officials and heads of states
 Treaty stipulations – like the Phil-US Military Bases
Agreement providing immunity to some of the
members of the Armed Forces of the United States
Filipinos are governed by Philippine law while foreigners are
covered by their own national law.
Status
 Family rights and duties, Status, Condition, Legal
Capacity
 Personal qualities and relations, not ordinarily
terminable on their own, are permanent. Example:
Person’s civil status
 Example of application “A Filipino cannot obtain a
divorce abroad, for Philippine laws do not recognize
absolute divorce
Doctrine of Lex Rei Sitae
 Property whether real or personal, is governed by the
law of the place where the property is situated
Exceptions to the Doctrine of Lex Rei Sitae
The following are not governed by the laws of the place where
the property is situated, but rather by the national law of the
deceased:
 Order of Succession
 Amount of successional rights
 The intrinsic validity of the provisions of a will
 Capacity to succeed
Doctrine of Lex Loci Celebrationis
 Extrinsic validity
 Contracts, public instruments and wills shall be
governed by the laws of the place where it was
executed
Exceptions
 Formalities for acquisition, encumbering and
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.
Chapter 2: Human Relations
Article 19. Every person
must, who in the exercise of
his/her rights and in the
performance of his/her
duties, act with justice, give
everyone his/her due and
observe honesty and good
faith.
Article 20. Every person
who contrary to law,
willfully or negligently
causes damage to another
shall indemnify the latter for
the same.
Article 21. Any person who
alienation of property are not governed by the lex loci
celebrationis but by the doctrine of lex rei sitae
 Rule of Exterritoriality – if the execution of a contract
or an instrument is done before a Philippine diplomatic
or consular official, then the Philippine laws shall be
observed.
 Foreign law will not govern if the law, contract or
judgment is against public policy as observed in the
Philippines
In case of conflict with the Code of Commerce or special
laws, the civil code shall be suppletory, unless the contrary is
provided by the latter.
In case there is no applicable provision from the Code of
Commerce, the Civil Code shall apply.
Principle of Abuse of Rights
 The chapter on Human Relations was formulated to lay
down basic principles to be observed to establish a
rightful relationship between human beings and the
stability of social order.
 Rights must never be abused for otherwise they will
cease to be right
 A right, though by itself legal for it is granted by law,
may still be the source of some illegality due to abuse
Willful or negligent acts
 Negligence is that failure to observe, for the protection
of the interests of another, that degree of care,
precaution and vigilance which the circumstances
greatly demand, whereby such other person suffers
injury
 Courts are given a wider discretion in deciding the
proper penalty for acts done negligently, than those
done willfully
 No action for damages would prosper if no right was
impared
Willful acts contrary to morals
willfully causes loss or
injury to another in a
manner that is contrary to
morals, good customs and
public policy shall
compensate the latter for the
damage
Article 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/her
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 s/he was benefited
Article 24. In all
contractual, property or
other relations, when one of
the parties is at a
disadvantage on account of
his/her moral dependence,
ignorance, indigence,
mental weakness, tender age
or other handicap, the courts
must be vigilant for his/her
protection.
Article 25. Thoughtless
extravagance in expenses
for pleasure or display
 To expand the concept of torts – granting legal remedy
for moral wrong which may not be addressed
specifically in the statutes
 Only grants the right to recover damages to injured
persons who are not at fault
 Example: One who willfully dismissed an employee
without just cause is liable under Article 21
 Elements:
 There is an act which is legal
 But which is contrary to morals, good customs,
public order or public policy
 Done with intent to injure
Unjust Enrichment
 No person should unjustly enrich himself at the
expense of another
 Example: One who received payment more than
what is needed must only keep what is enough
and return that which exceeds what is due.
 Requisites:
1. One party is enriched, and the other made
poorer
2. There must be a casual relation between the
two
3. The enrichment is not justifiable
4. There is no other way to recover
5. The indemnity cannot exceed the loss or the
enrichment
There is a duty to indemnify because of a certain benefit
received. Otherwise, unjust enrichment will occur.
Example: Without A’s knowledge, his cattle went to the
cultivated fields of B, due to a flood. A’s animals are
saved, but B’s crops are destroyed. Even if it happened
without A’s fault, he should indemnify B for he was still
benefited.
Parens Patriae
 Means “father or parent of his country”
 The state has the duty to safeguard the rights of
persons under disabilities, such as the insane or
the minors.
In case of doubt, the doubt must be resolved in favor of the
weak (e.g. in cases of labor contracts, doubts are resolved
in favor of the workers).
Reason
 Thoughtless extravagance during emergencies
may incite the passions of those who cannot
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
Article 26. Every person
shall respect the dignity,
personality, privacy, and
peace of mind of his /her
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 or
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/her 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.
Article 27. Any person
suffering material or moral
loss because a public
servant or employee refuses
or neglects, without just
cause, to perform his/her
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.
afford to spend.
This may be done at the instance of any charitable
institution or the government, in times of emergency.
Example: There is a gasoline scarcity and a rich man buys
tons of gasoline just to power his private amusement park
located in his home. In this case the court may order him to
stop such action.
Social equality
sought, to enhance
human dignity and
personality.
Examples:
1. Prying into the privacy of another’s residence –
invasion of privacy by taking pictures of
neighbors during private affairs.
2. Meddling with or disturbing the private life or
family relations of another – alienation of
affections of the spouse; gossiping.
3. Intriguing to cause another to be alienated from his
friends – gossiping.
4. Vexing or humiliating – insulting or criticizing
one’s features or beliefs without just cause.
Remedies available
 Action for damages
 Action for prevention
 Any other relief
Purpose is to end the bribery system, involving officials
who refuse to perform their duty until they are paid with
some sort of bribe.
Refusal or neglect in performance of official duty
The erring official is punished for whatever loss or
damage the complainant sustains. Unfair Competition
 Depriving others of a fair chance to engage in a
business or to earn a living
 Undermines free enterprise
 Example: making of any false statement in the
course of trade to discredit the goods or the
business of another; selling goods above the
maximum prices set by the state.
Test: Whether certain goods have been intentionally

Article 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.
Article 29. When the
accused in criminal
prosecution is acquitted on
the ground that his/her guilt
has not been
proved(proven?) 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 criminal case the
judgment or 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
Article 30. When a separate
civil action is brought to
demand civil liability arising
from a criminal offense, and
no criminal proceedings are Example: A accused B of stealing his car, so he instituted a
instituted during the
pendency of the civil case, a obtain damages. If the fiscal institutes a criminal action
clothed with an appearance which is likely to deceive the
ordinary purchasers exercising ordinary care.
Unfair Competition
 Depriving others of a fair chance to engage in a
business or to earn a living
 Undermines free enterprise
 Example: making of any false statement in the
course of trade to discredit the goods or the
business of another; selling goods above the
maximum prices set by the state.
Test: Whether certain goods have been intentionally
clothed with an appearance which is likely to deceive the
ordinary purchasers exercising ordinary care.
Civil Action after Acquittal in a Criminal Case
 If the guilt of the accused is not proven beyond
reasonable doubt, the offended party can institute
the civil action for damages for the same act, and
this requires only a mere preponderance of
evidence.
 Not an independent civil action
 A person criminally liable is also civilly liable
(Art. 100, RPC). These two liabilities are distinct
from each other, that even if he is not criminally
guilty he may still be liable civilly.
 Only if the same felonious act or omission results
in damage or injury to another, the act or omission
being the direct and proximate cause.
 If the acquittal is based on pure innocence and not
on reasonable doubt, the civil action cannot
prosper.
The claim for civil liability is extinguished together with
the criminal action if it were solely based on the delict, and
not on any other source of obligation.
Civil Liability arising from an Unprosecuted Criminal
Offense
 Not an independent civil action like for Article 29.
 Only needs a mere preponderance of evidence.
civil action against the latter to get the car back and to
preponderance of evidence against B, the civil case will be suspended in the mean
shall likewise be, sufficient time. Otherwise, the civil case will continue, only requiring
to prove the act complained a mere preponderance of evidence.
of.
Article 31. When the civil Independent Civil Action
action is based on an  One that can be brought separately and distinctly
obligation not arising from from a criminal case, for considerations of public
the act or omission policy, because a criminal case is harder to prove
complained of as a felony, requiring proof beyond reasonable doubt as
such civil action may compared to a civil case which only requires a
proceed independently of mere preponderance of evidence.
the criminal proceedings
 The bringing of this type of action is not
and regardless of the result
compulsory, but only permissive.
of the latter.
 No need to make a reservation for an independent
action.
 Those provided for in Articles 32 to 34, and Article
2177  quasi-delicts
 The obligation does not arise from the delict but
from other sources of an obligation (e.g. contract).
 The dismissal of the civil action is not a bar to the
criminal suit, for the two actions are distinct from
each other.
Example: A bus drive crashed the bus due to his
negligence. The independent civil action is based on the
breach of the contractual obligation of the bus company to
transport their passengers safely, while the criminal action
is based on the driver’s criminal negligence.
Article 32. Any public Rights guaranteed by the Constitution implemented
officer or employee, or any through Article 32
private individual, who  Liberties in the Bill of Rights
directly or indirectly  Also includes: Freedom of Suffrage and the
obstructs, defeats, violates, Freedom from being forced to confess guilt
or in any manner impedes or  The following can be made liable:
impairs any of the following 1. Any public officer or employee
rights and liberties of 2. Any private individual even if he be in good
another person shall be faith – the defense of good faith is eliminated
liable to the latter for
in Article 32.
damages:

MAHABA YUNG  Remedy: allows an independent civil action with

LISTAHAN BASTA NASA indemnification for damages.
BILL OF RIGHTS TO  An independent civil action is allowed for usually
HEHE fiscals are afraid to prosecute fellow public officials, who
are the most likely to abuse their power and infringe on
Constitutional rights. In addition to that, a civil case only
requires a mere preponderance of evidence which makes it
easier for the offended to obtain indemnification.
Article 33. In cases of Crimes covered
defamation, fraud, and  Defamation, libel, slander or intrigue against honor
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
hall require only a
preponderance of evidence.
Article 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.
Article 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
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 may be
supported by a
preponderance of evidence.
Upon the defendant's
motion, the court may
 Fraud, estafa or swindling
 Physical injuries, including consummated,
frustrated and attempted homicide, murder,
parricide and infanticide (as long as there was
physical injury).
Does not refer to unintentional acts, or those done through
negligence. Article 33 covers only those which were done
maliciously.
Independent Civil Action for the Liabilit y of the City
or the Municipal Police Force
 Primary liability – against the police officer who
refuses or fails to render aid or protection.
 Subsidiary liability – against the city or the
municipality, in case of insolvency of the officer.
 The government is not granted the defense of due
diligence in the selection and supervision of the
policemen, in case it is deemed subsidiarily liable.
Only a mere preponderance of evidence is required.
No Independent Civil Action Granted
 Article applies to cases when there is no
independent civil action, and not to a tortious
action such as that in Article 33.
 This applies to actions for liabilities based on
crimes.
Example: A woman accused her friend of committing
against her unintentional abortion, but the fiscal refused to
institute a criminal suit. In this case, the offended may
bring a civil suit, but if during the pendency of the trial an
information is obtained by the fiscal which leads to the
institution of the criminal suit, the civil action shall be
suspended until the criminal suit is resolved.
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.
Article 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
Prejudicial Question
 One which must be decided first before a criminal
action may be instituted or may proceed because
a decision therein is vital to the judgment in the
criminal case.
 It causes the suspension of the criminal action,
pending its final determination – for the civil case
involves facts intimately connected with those of
the criminal suit and involves issues which would
determine the guilt or innocence of the offender.
 Basic requisites
1. The civil case involves facts intimately related
to those upon which the criminal prosecution
would be based.
2. In the resolution of the issues raised in the
civil action, the guilt or innocence of the
accused would necessarily be determined.
3. The jurisdiction to try the said question is
lodged in another tribunal.
 There is no prejudicial question if the civil and
criminal action can proceed independently of each
other.
 Example
1. In a bigamy case, if the accused claims that the
first marriage is null and void, the civil action
for the nullity of the first marriage involves a
prejudicial question which must necessarily be
decided first, before the bigamy case can
proceed. The right to decide the nullity of the
first marriage is vested in another tribunal.
2. In a criminal case for damage to one’s
property, a civil action that involves the
ownership of said
3. property should first be resolved.
Chapter 3: Civil Personality
 Any being, natural or artificial, capable of possessing legal rights and
obligations.
 Kinds
1. Natural persons – human beings created by God
2. Juridical persons – those created by law
Article 37. Juridical Juridical Capacity
capacity, which is the fitness  The fitness to be the subject of legal relations
to be the subject of legal  Passive
relations, is inherent in  Inherent – automatically acquired when someone
every natural person and is is conceived
lost only through death.  Lost only through death
Capacity to act, which is the
 Can exist without capacity to act
power to do acts with legal
effect, is acquired and may
Capacity to Act
be lost.
 The power to do acts with legal effect
 Active
 Merely acquired (upon reaching the age of
majority)
 Lost through death and may be restricted by other
causes (e.g. civil interdiction)
 Exists always with juridical capacity
Example: A 1-year old boy has juridical capacity but has
no capacity to act. When he becomes 18, he will have full
civil capacity (which means the union of two kinds of
capacity).

A person is presumed to have capacity to act.

Article 38. Minority,
insanity or imbecility, the
state of being a 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.
Restrictions on Capacity to Act
 Minority
 Needs consent of parent or guardian to
enter into a contract, otherwise it is voidable.
 Insanity or imbecility
 Insanity is presumed if the person is
already under a guardianship.
 State of being a deaf-mute
 Prodigality
 squandering money or property to
prejudice own heirs
 Civil interdiction
 deprivation by the court of his right to
have parental or marital authority, to be a
guardian of a person or property, to dispose
of his property by an act inter vivos, and to
manage his property

The restrictions do not extinguish the capacity to act, it is


Article 39. The following
circumstances, among
others, modify or limit
capacity to act: age,
insanity, imbecility, the state
of being a deaf-mute,
penalty, prodigality, family
relations, alienage, absence,
insolvency and trusteeship.
The consequences of these
circumstances are 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, twenty-
one years of age or over, is
qualified for all acts of civil
life, except in cases
specified by law.
Chapter 2: Natural Persons
Article 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.
Article 41. For civil
purposes, the fetus is
considered born if it is alive
at the time it is completely
delivered from the mother’s
womb. However, if the fetus
had an intra-uterine life of
only restricted.
 An incapacitated person is not exempt from
obligations arising from his acts.
Modifies or limits the Capacity to Act
 Age
 Insanity or imbecility
 The state of being a deaf-mute
 Penalty
 Prodigality
 Family relations
 Example: One cannot marry his
mother, sister or his first cousin.
 Alienage
 Example: An alien cannot acquire
private or public agricultural or residential
lands, unless through hereditary succession.
 Absence
 If one has been absent for several
years and his whereabouts cannot be
determined, the Court may appoint a
guardian to administer the absentee’s
property.
 Insolvency
 Trusteeship
This is broader than Article 38, which mentions only
restrictions. Article 39 mentions not only restrictions but
also those which modify one’s capacity to act.
Beginning of Personality
 Personality begins at time of conception, which is
referred to as presumptive personality, but it is
essential that actual birth should occur later, for
otherwise the foetus will be considered as never
having possessed legal personality.
If the conditions under Article 41 are not complied with,
the birth and death of the child will not be recorded in the
Civil Registry.
Children Born
 Kinds of Children
1. Ordinary – with an intra-uterine life of at least seven
months.
2. Extraordinary – if the intra-uterine life is less than
seven months, the child must have lived for at least
24 hours after its complete delivery from the womb,
less than seven months, it is to be deemed born as contemplated by the law.
not deemed born if it dies  The fetus is considered born only for civil purposes
within twenty-four hours which are beneficial. The conceived child, thru the
after its complete delivery mother, may be the recipient of a donation, provided
from the maternal womb. the donation is neither onerous nor burdensome.
A conceived child can be acknowledged before it is born,
and therefore already entitled to be supported.
Article 42. Civil Civil Personality is Extinguished by Death
personality is extinguished  The effect of death is determined by:
by death. The effect of death 1. Law
upon the rights and  Example: The right to support ends
obligations of the deceased upon death; A marriage is terminated
is determined by law, by when one of the spouses dies.
contract and by will. 2. Contract
3. Will
 If during the pendency of a criminal suit the
offender dies, his criminal liability is extinguished
but his civil liability is not extinguished.
 No human body shall be buried unless the proper
death certificate has been presented and recorded,
but for epidemic bodies, immediate burial is
allowed provided that the certificate is presented
within five days after the burial.
Article 43. If there is Rule 131, Sec. 5 (jj) of the Revised Rules of Court is
doubt, as between two or applied to determine Survivorship
more persons who are called  Survivorship is presumed from the probabilities
to succeed each other, as to resulting from the strength and age of sexes
which of them died first, according to the following rules:
whoever alleges the death of 1. If both were under the age of 15, the older is
one prior to the other, shall presumed to have survived.
prove the same; in the 2. If both were above the age of 60, the younger is
absence of proof, it is presumed to have survived.
presumed that they died at 3. If one be under 15 and the other above 60, the
the same time and there former is presumed to have survived.
shall be o transmission of 4. If both be over 15 and under 60, and the sexes
rights from one to the other. be different, the male is presumed to have
survived; if the sexes be the same, then the
older.
5. If one be under 15 or over 60, and the other
between those ages, the latter is presumed to
have survived.
If there are facts, known or knowable, from which a
contrary conclusion can be inferred, neither Article 43 nor
the Rules of Court can apply. In this case, the rule of
preponderance of evidence controls.

It is necessary to determine the amount of inheritance one

is to receive, or the rights to be transmitted.

or presumptions, for it must still be supported by clear
positive evidence.
Article 44. The following
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.
Article 45. Juridical
persons mentioned in Nos. 1
and 2 of the preceding
article are governed by the
laws creating or recognizing
Proof of death cannot be established from mere inference
Juridical Persons
 Kinds:
1. State – An organized corporate society under a
government with the legal competence to
exact obedience of its commands. It can enter
into treaties and contracts. It cannot be sued
without its consent.
2. Political Subdivisions – Municipal
corporations which are the provinces, cities
and municipalities. They can be sued but
cannot be held liable for torts committed in the
discharge of governmental functions.
3. Corporation – An artificial being created by the
law and has the powers granted to it by law.
4. Partnership – 2 or more persons bind
themselves to make contributions to a
common fund with the intention of dividing
profits among themselves.
 Classifications:
1. Public Juridical Persons
 Public corporations like the
province and the city (formed for the
Government or a portion of the State, for
the general good and welfare)
 The state
2. Private Juridical Persons
 Private corporations (formed for some
private purpose or benefit)
 Partnerships
 Foundations
 A private corporation begins to exist as a juridical
person from the moment a certificate of
incorporation is granted to it. This is upon filing
the articles of incorporation with the Securities
and Exchange Commission.
 A corporation cannot be regarded as possessed of
personality distinct from its members, to be used
as a shield to further and end which is unlawful or
which causes injustice (veil of corporate fiction)
Nationality of Juridical Persons
 Determined by the place of its incorporation.
 A corporation, even if incorporated in the
Philippines, cannot acquire land and other natural
resources unless 60% Filipino-owned.
them. Private corporations
are regulated by laws of
general application on the
subject. Partnerships and
associations for private
interest or purpose are
governed by the provisions
of this Code concerning
partnerships.
Article 46. Juridical persons
may acquire and possess
property of all kinds, as well
as incur obligations and
bring civil or criminal
actions, in conformity with
the laws and regulations of
their organizations.
Article 47. Upon the
dissolution of corporations,
institutions and other
entities for public interest or
purpose mentioned in No. 2
of Article 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
 There is no general rule in what constitutes as
engaging in or doing business in the Philippines.
It will be evaluated on a case-to-case basis.
Rights of Juridical Persons
 To acquire and possess property of all kinds
 To incur obligations
 To bring civil or criminal actions
Juridical persons may acquire and possess property of all
kinds and incur obligations in conformity with the laws
and regulations of their organization.
A corporation is a juridical person, thus it cannot be held
liable by itself without any personal liability on the part
of the stockholders. Still, the stockholders may be held
liable for obligations contracted by the corporation if it is
being used as an alter ego for the benefit of the
stockholders.
Estoppel
 A person who contracts with a corporation cannot
later deny its personality.
 A person who represents himself as an agent of a
non-existing corporation cannot prevent the person
who has been misled from suing the “agent”
personally. Because the corporation does not really
exist, the agent can be sued independently from the
“corporation”.
Rule if Public Juridical Persons are Dissolved
 Assets are distributed in two possible ways:
1. First, apply the law or charter creating them.
2. If there is no law or charter, the assets will be
for the benefit of the place which was already
receiving the principal benefits during the
existence of the corporation or association.
How a Corporation Exercises its Powers and How it
Does Business
 Only thru its board of directors, officers and agents
shall be applied to similar  If the corporation is a mere alter ego or business
purposes for the benefit of conduit of a person, the separate personality of the
the region, province, city or corporation may be pierced. But of course there
municipality which during must be sufficient proof that the corporation is
the existence of the really being used as a cover for fraud or illegality.
institution derived the The books or rewards of the corporation usually
principal benefits from the form the best evidence.
same.
TITLE II. Citizenship and Domicile

Citizenship and Nationality

 Citizenship – The status of being a citizen, or owing allegiance to a state for the
privilege of being under its protection.
 Nationality – Refers to a racial or ethnic relationship.
 The exercise of the rights and privileges of Filipino citizens is not conclusive
proof that he is indeed a Filipino citizen.
 The courts are only allowed to determine who are Filipino citizens and who are
not – they cannot determine if one is Chinese or German, for example.

Kinds of Citizens
1. Natural-born citizen – Citizens from birth without having to perform any act to
acquire or perfect their Philippine citizenship.
 A native-born citizen is distinct from a natural-born citizen, for the
former is one born in the country of which he is a citizen, while for the
latter, it is not necessary that he be born in the Philippines. One born to a
Filipino father in Germany is a natural-born but not native-born.
2. Naturalized citizens – Citizens who become such through judicial proceedings.
3. Citizen by election – Citizens who become such by exercising the option to
elect a particular citizenship, usually within a reasonable time after reaching the
age of majority.

Two Theories on Whether Place or Ancestry Determines Citizenship

1. Jus soli – If born in a country, a person is a citizen of the same.
Jus sanguinis – One follows the citizenship of his parents, which is called citizenship by
blood (this is what the is followed in the Philippines).
Article 48. The following Citizens under Article 48:
are citizens of the 1. Those who were citizens of the Philippines at the
Philippines: time of the adoption of the Constitution of the
1. Those who were citizens Philippines
of the Philippines at the time 2. Those born in the Philippines of foreign parents
of the adoption of the who, before the adoption of said Constitution, had
Constitution been elected to public office in the Philippines
2. Those born in the  This provision has been eliminate in
Philippines of foreign the 1973 and 1987 Constitutions.
parents who, before the  Does not apply to appointed officers,
adoption of said only elected ones.
constitution, had been
 Deemed a Filipino at time of election to
elected to public office in
the public office.
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.
Article 49. Naturalization
and the loss and
reacquisition of citizenship
of the Philippines are
governed by special laws.
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.
Children of Naturalized Citizens
 If the child was born before the naturalization of a
parent:
1. If born in the Philippines – is a Filipino
2. if born outside the Philippines
 If dwelling in the Philippines at the
time of parent’s naturalization – is a Filipino
 If dwelling outside the Philippines at the
time of parent’s naturalization – is a
Filipino only during his minority unless he
resides permanently here when still a
minor, in which case he will continue to be
a Philippine citizen even after reaching the
age of majority.
 If the child was born after naturalization of a
parent:
1. If born in the Philippines – is a Filipino
2. If born outside the Philippines – considered a
Philippine citizen, unless within one year after
reaching 18 years old he fails to register
himself as a Philippine citizen at the
Philippine consulate of the country where he
resides and to take the necessary oath of
allegiance.
Citizens under the 1987 Constitution:
1. Those who are citizens of the Philippines at the
time of the adoption of the Constitution.
2. Those whose fathers or mothers are citizens of the
Philippines.
3. Those born before January 17, 1973, of Filipino
mothers, who elect Philippine citizenship upon
reaching the age of majority.
3. Those who are naturalized in accordance with
law.
Naturalization
 The process of acquiring the citizenship of another
country.
 A judicial process, where formalities of the law
have to be complied with, like a judicial hearing
and the approval of the petition.
 Qualifications for naturalization:
 1. The petitioner must not be less than 21
(majority age today is 18) years of age on the
date of the hearing of the petition.
2. He must have, as a rule, resided in the
Philippines for a continuous period of not less
than ten years.
3. He must be of good moral character, and
believe in the principles underlying the
Philippine Constitution, and must have
conducted himself in a proper and
irreproachable manner during the entire period
of his residence in the Philippines in his
relation with the constituted government as
well as with the community in which he is
living.
4. He must own real estate in the Philippines
worth not less than P5,000, Philippine
currency, or must
have some lucrative trade, profession, or lawful
occupation.
5. He must be able to speak and write English
or Spanish and any one of the principal
Philippine languages.
6. He must have enrolled his minor children of
school age in any of the public schools or
private schools
recognized by the Bureau of Private Schools
where Philippine history, government, and
civics are taught or prescribed as part of the
school curriculum during the entire period of
the residence required of him, prior to the
hearing of his petition for naturalization as
citizen.

Acquisition of Citizenship
 For a foreigner to be able to become a Philippine
citizen, a proper petition shall be filed in the
proper court.

How Philippine Citizenship may be Lost

 By subscribing to an oath of allegiance to support
the constitution or laws of a foreign country upon
attaining 21 years old, provided that the
Philippines is not at war.
 By express renunciation of citizenship
(Expatriation)
 By rendering service to, or accepting commission
in the armed forces of a foreign country.

Article 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.
 Except if the foreign country is an
ally, or it maintains armed forces on
Philippine territory with the consent of
the Government.
 By cancellation of the certificate of naturalization
 By having been declared by competent authority,
a deserter of the Philippine armed forces in time
of war, unless subsequently, a plenary pardon or
amnesty has been granted
 In the case of a woman, upon her marriage to a
foreigner, if by virtue of the laws in force in her
husband’s country, she acquires his nationality.
Grounds for Reacquisition of Citizenship:
1. By naturalization
2. Repatriation of deserters of the Army, Navy or
Air Corps; a woman who has lost her citizenship
by reason of marriage to an alien may be
repatriated after the termination of her marital
status.
3. By a direct act of Congress
Who can avail of the Privilege of Repatriation? (RA
8171)
1. To natural-born Filipinos who lost their citizenship
on account of political or economic necessity
To the minor children of said natural-born
Filipinos however, said children must be of
minor age at the time the petition is filed by the
parent.
Domicile
 One’s permanent place of abode, in general.
 One may be a citizen or national of one state,
without being a domiciliary thereof.
 Every natural person has a domicile.
 Generally no natural person can have more than
one domicile at a time.
 One can have several places of residence for a
residence is just more or less temporary.
Domicile is taken as the controlling factor in some
cases, in the solution of conflicts problems rather
than the national law of the person involved.
 Example: If a stateless testator dies
in the Philippines, since there is no
national law to be applied, the law of the
place where he was domiciled shall be
applied.
 Kinds
1. Domicile of origin – at the moment of birth
 Legitimate child – follows the domicile
of choice of his father at the moment of birth
 Illegitimate child – follows the
domicile of choice of the mother at the moment
of birth
 Legitimated child – follows the
domicile of the father at the time of birth
 Adopted child – follows the domicile
of the real parent or the parent by
consanguinity (for adoption takes place
some time after birth)
 Foundling (an abandoned infant) – the
country where it was found
2. Constructive domicile or domicile by
operation of law – After birth; only for those
who lack the capacity to choose their own
domicile: infants, minors, insane, idiots, or
marriage in case of a woman
 Infants:
- Legitimate child – follows the domicile
of choice of his father, or the mother if
the father is dead
- Illegitimate child – follows the domicile
of choice of the mother
- Legitimated child – follows the domicile
of the adopter
- Ward – follows the domicile of the
guardian
 Married women – can be allowed to
have a separate domicile from her husband if:
- The husband lives abroad, except if in
service of the Republic
- If they are legally separated
- If the husband forcibly ejects the wife
from the conjugal home so that he may
have illicit relations with another
- If there is a separation de facto of the
spouses
 The law may allow the insane or idiots
to choose a domicile, during their lucid intervals.
3. Domicile of choice – result of the voluntary
will and action of the person; where a person
has his home, that to which whenever he is
absent he still intends to return; a place of
habitual residence
 Once acquired, it remains the domicile
unless a new one is obtained with the

Article 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 The domicile of a corporation is where the head office is
or where they exercise their located.
principal functions.
following requisites:
- It is obtained by a capacitated person
- With freedom of choice
- With actual physical presence in the
place chosen
- And with provable intent that it should
be one’s fixed and permanent place of
abode (intent to remain for an indefinite
period of time + intent not to return to
original abode)
  Intention without residence or residence
without intention will not suffice for the acquisition
of a domicile, but will be sufficient for the
retention of an existing domicile.
Rules for Determining the Domicile of Juridical Persons
1. Get the domicile provided for in the law creating or
recognizing them or in their articles of agreement
2. Otherwise, get the place:
a. Where their legal representation is established
b. Or where they exercise their principal functions
In cases of defectively organized corporations or
partnerships, the law can still recognize it as de facto, in so
far as third persons are concerned. These de facto
organizations can still possess a domicile for purposes of its
de facto existence.