REPUBLIC ACT NO.

386

AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES

PRELIMINARY TITLE

CHAPTER 1

Effect and Application of Laws

Article 1.

This Act shall be known as the "Civil Code of the Philippines. (n)

Article 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)

Article 3.

Ignorance of the law excuses no one from compliance therewith. (2)

Article 4.

Laws shall have no retroactive effect, unless the contrary is provided. (3)

Article 5.

Acts executed against the provisions of mandatory or prohibitory laws shall be void,

except when the law itself authorizes their validity. (4a)

Article 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)

Article 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 Laws are repealed only by subsequent ones, and their violation or non-observance shall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)

Article 8.

Judicial decisions applying or interpreting the laws or the Constitution shall form a part

of the legal system of the Philippines. (n)

Article 9.

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

insufficiency of the laws. (6)

Article 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. (n)

Article 11.

Customs which are contrary to law, public order or public policy shall not be

countenanced.

Article 12.

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

Article 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. (7a)

Article 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. (8a)

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. (9a)

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. (10a)

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. (11a)

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. (16a)

1987 CONSTITUTION

ARTICLE III

Bill of Rights

Sec 1

No person shall be deprived of life, liberty, or property without due process of law, nor

shall any person be denied the equal protection of the laws.

Sec 2

The right of the people to be secure in their persons, houses, papers, and effects against

unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable,

and no search warrant or warrant of arrest shall issue except upon probable cause to be

determined personally by the judge after examination under oath or affirmation of the

complainant and the witnesses he may produce, and particularly describing the place to be

searched and the persons or things to be seized.

Sec 3

1. The privacy of communication and correspondence shall be inviolable except upon

lawful order of the court, or when public safety or order requires otherwise as

prescribed by law.

2. Any evidence obtained in violation of this or the preceding section shall be

inadmissible for any purpose in any proceeding.

Sec 4

No law shall be passed abridging the freedom of speech, of expression, or of the press, or

the right of the people peaceably to assemble and petition the government for redress of

grievances.
Sec 5

No law shall be made respecting an establishment of religion, or prohibiting the free

exercise thereof. The free exercise and enjoyment of religious profession and worship, without

discrimination or preference, shall forever be allowed. No religious test shall be required for the

exercise of civil or political rights.

Sec 6

The liberty of abode and of changing the same within the limits prescribed by law shall

not be impaired except upon lawful order of the court. Neither shall the right to travel be

impaired except in the interest of national security, public safety, or public health, as may

be provided by law.

Sec 7

The right of the people to information on matters of public concern shall be recognized.

Access to official records, and to documents, and papers pertaining to official acts, transactions,

or decisions, as well as to government research data used as basis for policy development, shall

be afforded the citizen, subject to such limitations as may be provided by law.

Sec 8

The right of the people, including those employed in the public and private sectors, to

form unions, associations, or societies for purposes not contrary to law shall not be abridged.

Sec 9

Private property shall not be taken for public use without just compensation.

Sec 10

No law impairing the obligation of contracts shall be passed.

Sec 11

Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not

be denied to any person by reason of poverty.

Sec 12

1. Any person under investigation for the commission of an offense shall have the right to

be informed of his right to remain silent and to have competent and independent

counsel preferably of his own choice. If the person cannot afford the services of

counsel, he must be provided with one. These rights cannot be waived except in writing

and in the presence of counsel.

2. No torture, force, violence, threat, intimidation, or any other means which vitiate the free

will shall be used against him. Secret detention places, solitary, incommunicado, or other

similar forms of detention are prohibited.

3. Any confession or admission obtained in violation of this or Section 17 hereof shall be

inadmissible in evidence against him.

4. The law shall provide for penal and civil sanctions of violations of this section as well as

compensation to and rehabilitation of victims of torture or similar practices, and

their families.

Sec 13

All persons, except those charged with offenses punishable by reclusion perpetua when

evidence of guilt is strong, shall, before conviction, be bailable by sufficient securities, or be

released on recognizance as may be provided by law. The right to bail shall not be impaired

even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be

required.

Sec 14

1. No person shall be held to answer for a criminal offense without due process of law.

2. In all criminal prosecutions, the accused shall be presumed innocent until the contrary

is proved, and shall enjoy the right to be heard by himself and counsel, to be

informed of the nature and cause of the accusation against him, to have a speedy,

impartial, and public trial, to meet the witnesses face to face, and to have

compulsory process to secure the attendance of witnesses and the production of

evidence in his behalf. However, after arraignment, trial may proceed notwithstanding
 the absence of the accused provided that he has been duly notified and his failure to

appear is unjustifiable.

Sec 15

The privilege of the writ of habeas corpus shall not be suspended except in cases of

invasion or rebellion when the public safety requires it.

Sec 16

All persons shall have the right to a speedy disposition of their cases before all judicial,

quasi-judicial, or administrative bodies.

Sec 17

No person shall be compelled to be a witness against himself.

Sec 18

1. No person shall be detained solely by reason of his political beliefs and aspirations.

2. No involuntary servitude in any form shall exist except as a punishment for a crime

whereof the party shall have been duly convicted.

Sec 19

1. Excessive fines shall not be imposed , nor cruel, degrading or inhuman punishment

inflicted. Neither shall death penalty be imposed, unless, for compelling reasons

involving heinous crimes, the Congress hereafter provides for it. Any death penalty

already imposed shall be reduced to reclusion perpetua.

2. The employment of physical, psychological, or degrading punishment against any

prisoner or detainee or the use of substandard or inadequate penal facilities under

subhuman conditions shall be dealt with by law.

Sec 20

No person shall be imprisoned for debt or non-payment of a poll tax.

Sec 21
 No person shall be twice put in jeopardy of punishment for the same offense. If an act is

punished by a law and an ordinance, conviction or acquittal under either shall constitute a

bar to another prosecution for the same act.

Sec 22

No ex post facto law or bill of attainder shall be enacted.

Inductive Reasoning

Is Anti-Terror Law Constitutional?

Recently, the Anti-Terrorism Law became a widespread news all over the country. Many

people have been asking about the constitutionality of the law and the issue on the possible

human rights violation if this law takes effect. Many petitions have been raised in the court

asking for the annulment of several sections that will possibly be abused. So, we should consider

the question whether the Philippines is ready for the Anti-Terrorism Law and will it benefit the

many or make the lives of the people at risk?

In the past years, our country experienced many terrorist attacks which resulted to the

loss of lives of many people. Several bombings took place in different parts of our country.

Because of this situation, the Human Security Act of 2007 or R.A. 9372 was then signed by the

Former President Gloria Macapagal-Arroyo.

Although during the passing of R.A. 9372, it was contested legally by the human rights

lawyer but they failed to strike it down as unconstitutional because of some technicality of the

law. But now, another law was passed which repealed the Human Security Act of 2007.

The Anti-Terrorism Law was recently signed by Pres. Rodrigo Duterte and will soon take

effect. The constitutionality of the law was questioned and petitions were raised to repeal this

law. One of the issues about the unconstitutionality of this law is the warrantless arrest. There

can also be disruptions to right of privacy, right against arbitrary detention and free speech. It

contradicts to the present law which is the right to life, liberty and property with due process of

law.

Considering the benefits and risk of the Anti-Terrorism Law, we can see that there’ll be

abuse of authority if some of the provisions will not be repealed. It is evident there is

unconstitutionality with regards of the Anti-Terrorism Law. It’s inconsistency with the
Constitution makes it worrisome. What the Philippines really needs is not a new and dangerously

broad counterterrorism law, but better efforts to make its current justice system work.

Deductive Reasoning

If you want to find peace of mind, you need to identify what you can control and what

you cannot. However, if others think what is not under your control is, it is their thinking.

Therefore, you need not worry about what others think about you.

A human resources department has identified public speaking skills as an important

qualifier for a particular position. They decide to require candidates to make an oral presentation

on a predetermined topic as a part of their second interview. The candidate they decide to hire

proves successful in this aspect of their work.

Based on market research, a marketing team believes that professional women are

overloaded with family and work responsibilities and strapped for time. They decide to advertise

that their hair coloring product can be applied in less time than their competition's hair coloring

product. They see a modest increase in sales.

Detectives believe that robberies at banks are usually inside jobs planned by experienced

thieves. To narrow down their suspects after a bank robbery, they decide to do criminal

background checks on employees with access to cash reserves. 

After reviewing their numbers, development executives at a college believe that

professionals working in the financial sector are the best donors. They direct their two most

effective staff members to target alumni working in finance when it comes time to plan their next

fundraising strategy. 

Syllogism
1.  All books from that store are new. These books are from that store. Therefore, these

books are new.

2. All carrots are orange. Some cats are orange. Therefore, some cats are carrots.

3. All books contain words. A shopping list contains words. A shopping list is a book.

4. Most people get nervous when they tell lies. You appear nervous. You must be lying

about something.

5. Some instructors lack a sense of humor. Kim is an instructor. Kim lacks a sense of

humor.