Article 1. This Act shall be known as the
If the law provides for IMMEDIATE
"Civil Code of the Philippines."
-Civil Code is the collection of laws that
regulate the relations of the members of the
society, with respect to their rights,
obligations, with reference to persons, things
and civil acts. Contains 2270 Articles
-Civil Code of Spain of 1889 is the first
civil code of the PH by Royal Decree on
July 31, 1889 which became effective on
December 1, 1889.
SOURCES OF CIVIL CODE:
1. Spanish code
2. Statues, laws presidential decrees
3. Administrative orders
4. Customs of the place
5. Judicial Decisions
6. Decisions of Foreign Court
7. Principles covering analogous cases
8. Principle of legal hermeneutics
9. Equity and general principles of
law.
-Date of Effectivity is 1 Year after the
official Gazette published the code for
circulation.
Art 2. Laws shall take effect after fifteen
days following the completion of their
publication in the Official Gazette or in a
newspaper of general circulation in the
Philippines, unless it is otherwise
provided. This Code shall take effect one
year after such publication.
Effectivity: Depends on whether or not it
has provided a specific date of its
effectivity:
1. If date is SPECIFIED- Upon the lapse
of the said period following its
COMPLETE PUBLICATION.
2. If date is NOT SPECIFIED- 15-day
period, which may either be on the 15th
day or on the 16th day depending on the
language used.
a. 15th day- “After its publication”
b. 16th day- “Following its publication.
3.
EFFECTIVITY or UPON APPROVAL
-It is effective immediately after its
complete publication.
Art 3. Ignorance of the law excuses no one
from compliance therewith.
GR: Everyone is conclusively presumed to
know the law. Hence, ignorance of the law
is not an excuse.
“Ignoratia Legis non excusat”
XPNs:
1. Mistake of Fact- when some facts which
really exist are unknown or some fact is
supposed to exist which does not really
exist.
2. Acting in good faith.
Art. 4. Laws shall have no retroactive
effect, unless the contrary is provided.
GR: Laws should only be construed as
having only prospective effect.
XPNs: T-I-N-C-R-E-E-P
1. Tax laws;
2. Interpretative statues
3. Laws creating New substantive
rights;
4. Curative Statures;
5. Remedial/procedural;
6. Emergency laws
7. When Expressly provided;
8. Penal laws favorable to the accused.
XPNs to the XPNs:
If the application of the retroactive law:
1. Impairs obligation of contracts;
2. Is in nature of ex post facto law or
bill of attainder;
3. Divests vested rights
4. Unconstitutional
Art. 5. Acts executed against the
provisions of mandatory or prohibitory
laws shall be void, except when the law
itself authorizes their validity.
GR: Acts executed against the provisions of
mandatory or prohibitory laws shall be void.
XPNs: When the law:
1. itself authorizes its validity.
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2. Makes the act valid but punishes the
violator
3. Makes the act merely voidable
4. Declares the nullity of an act but
recognizes its effects as legally existing.
-Mandatory law: a statue is said to be
mandatory when disobedience to it, or want
of exact compliance with it, will make the
act done under statue absolutely void.
-Prohibitory law: a statue is said to be
prohibitory when it forbids a certain action.
-Permissive law: a stature is said to be
permissive when it allows certain acts but
does not command them
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.
GR: Rights may be waived.
XPNs:
1. When waiver is contrary to law….
2. When the waiver is prejudicial to a third
person.
3. If the right is:
a. Natural right
b. Incohate, such as future inheritance
Waiver: a voluntary and intentional
relinquishment ot abandonment of a known
existing legal rights.
Right: a legally enforceable claim of one
person against another, that the other shall
do a given act.
Requisites;
1. Existence of a right
2. Knowledge of the right
3. Intention to relinquish the right.
Kind of rights
1. Natural Rights-grow out of nature of
man
2. Political Rights-power to participate in
the establishment of government
3. Civil Rights-by virtue of his citizenship
in a state or community.
UNWAIVABLE RIGHTS:
1. Right to live and future support.
2. Right to personality and family
rights.
3. Right to future inheritance
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)
Ways of repealing laws
1. Express - If the law expressly provides for
such;
2. Implied - If the provisions of the
subsequent law are incompatible or
inconsistent with those of the previous law,
provided, it is impossible to reconcile the
two laws.
Rule for General and Special Laws
1. General law enacted prior to special law.
The latter is considered the exception to the
general law.
2. General law enacted after the special law,
the special law remains.
Exceptions:
1. There is an express declaration.
2. There is a clear, necessary and
irreconcilable conflict.
3. The subsequent general law covers the
whole subject and is clearly intended to
replace the special law on the matter.
Lapse of laws/ Self-lapsing laws
- Laws that provide for their limited
application (e.g. House Rental Law, Annual
Appropriations Act, Import Control Law).
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 -States that once a case is decided one way,
another case involving exactly the same
point at issue, should be decided in the same
manner,
-If there is conflict between the precedent
and the law the stare decisis does not apply

Orbiter Dicta
Effect if the Repealing Law is Itself Repealed -Opinions not necessary to the determination
of a case.
Revival of EXPRESS IMPLIED
repealed law REPEAL REPEAL
-Not binding and cannot have the force of
BASIS judicial precedents
Manner of If the 1st law is If the 1st law is
Repeal expressly repealed by How Judicial Decision may be abrogated
repealed by implication 1. by a contrary ruling by the Supreme Court
the 2nd law by the 2nd law itself.
and the 2nd and the 2nd
law is law is
2. By corrective legislative acts of Congress.
repealed by repealed by When Final Judgements may be changed
the 3rd law. the 3rd law. 1. a judgement void for lack of jurisdiction
Effect of The 1st law is The 1st law is over the subject matter can be assailed at
Repeal NOT revived revived any time either directly or collaterally
unless unless 2. the party may ask the court to modify or
expressly otherwise
provided so. provided.
alter decisions if the facts and circumstances
transpire renders its execution impossible or
Article 8. Judicial decisions applying or unjust
interpreting the laws or the Constitution
shall form a part of the legal system of the Article 9. No judge or court shall decline
Philippines. (n) to render judgment by reason of the
silence, obscurity or insufficiency of the
-Judicial decisions are evidence of what the laws. (6)
laws mean.
--The judicial decisions form part of the law -Judge may apply any rule for as long as it is
of the land as of the date of the enactment of in harmony with the general interest.
said law. The Supreme Court’s Duty of a Judge if the law is Silent
interpretation merely establishes the A judge must give decision, whether he
contemporaneous legislative intent that the knows what law to apply or not.
construed law purports to carry into effect.
However, the decisions referred to in Art. 8 What should the judge apply in deciding
of the NCC are only those enunciated by the a case if the law be silent, obscure, or
SC (Rabuya, 2009). insufficient?
-When a doctrine is overruled and a 1. Customs which are not contrary to law,
different view is adopted, the new doctrine public order, and public policy
should be applied prospectively and should 2. Decisions of foreign and local courts on
not prejudice parties who relied on the old similar cases
doctrine. 3. Opinions of highly qualified writers and
professors
Doctrine of Stare Decisis 4. Rules of Statutory construction
-‘adherence to precedents’
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5. Principles laid down in analogous
instances.
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)
Doubtful Statutes
- apply some rules of Statutory
construction
- when a law is clearly worded, application
of the law must be made
- if there are two possible interpretations,
which will achieve the ends desired by
the congress should be adopted
in interpreting laws considered:
o the preamble of the statute
o foreign laws which it was derived
o history
o similar laws
Article 11. Customs which are contrary to
law, public order or public policy shall
not be countenanced. (n)
Custom- rule of human action established
by repeated acts and uniformly observe as a
rule of society
Requisites before the courts can consider
customs
1. Must be proved as a fact, according to the
rules of evidence.
2. Must not be contrary to law etc.
3. number or repeated acts is present
4. repeated acts must have been uniformly
performed
5. there must be a juridical intention to make
a rule of social conduct.
Ex. There is a proper way of conduct
of the custom thus when a person disregards
the custom it also disregard the law
6. there must be a sufficient lapse of time
Article 12. A custom must be proved as a
fact, according to the rules of evidence.
(n)
-presumption that person acts according to
the custom of place
Kinds of Customs (G-P-E-C)
1. General custom- ‘custom of the place’
- is one where an act transpires
2. Propter legem(in accordance with law)-
not necessary to apply
3. Contra legem(against the law)- wrong to
apply
4. Extra legem- may constitute sources of
supplementary law
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)
Example:
1. ten months=300 days
2. one year= 365 days
3. march=31 days (specified month)
4. one week= seven successive days
5. 1 day= 24 hours
Civil or solar month/calendar month
- a month designated in the calendar without
disregard to the number of days it contains
illustration:
One calendar month from December 31,
2007 will be from January 1, 2008 to
January 31, 2008; one calendar month from
January 31, 2008 will be from February 1,
2008 until February 29, 2008. Hence, twelve
calendar months from December 31, 2007 is
December 31, 2008; while twelve calendar
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months from January 31, 2008 to January
31, 2009
Meaning of Day applied to the filing of
pleadings
Ex. Today is the deadline of the pleading
and you filed at 10:40 pm, it is still properly
filed on time.
Mailed petition are considered file from
the date of mailing
Computation of periods
First day excluded, last day included
Ex. 12 days after July 2, 2020 is July 16,
2020
Rule if the last day is a Sunday or a legal
holiday
1. ordinary contract- general rule is that it is
due even it is a Sunday or a legal holiday
2. rules of court, order of the court and other
applicable statute- the next day
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)
Theory of Territoriality and generality-
any offense committed within our territory
offends the state regardless whether a citizen
or an alien are punishable for committing a
crime.
XPNs:
1. principles of public international law
2. 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. (9a)
GR: Nationality rule follows you wherever
you go.
Status- status of a person in civil law
includes personal qualities and relations,
more or less permanent in nature, and not
ordinarily terminable at his own will, such
as his being married or not, or his being
legitimate or illegitimate.
-Sum total of a person’s rights, duties, and
capacities
Capacity to enter into ordinary contract
-is governed by the national law of the
person, not by the law of the place where the
contract was entered into.
Capacity under the code of Commerce
- Foreigners and companies created abroad
may engage in commerce in the
Philippines subject to the laws of their
country with respect to their capacity to
contract.
Capacity to enter into other relations
(MIA)
a) capacity to acquire, encumber, assign,
donate or sell property depends on the
law where the property is located
b) capacity to inherit depends on the
national law of the decent
c) capacity to get married depends on the
law of the place where the marriage
was entered into.
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)
Lex rei sitae
Real property as well as personal property is
subject to the law of the country where it is
situated (NCC, Article 16).
XPNs: (Os-As-Iva-C)
1. order of succession
2. amount of successional rights
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3. intrinsic validity of the provisions of a
will
4. capacity to succeed
The Renvoi doctrine refers to the issue
when there is doubt to whether a reference
to a foreign law is a reference to the internal
law of the said foreign law, or a reference to
the foreign law as a whole including its
conflict rules
Art. 17. The forms and solemnities of
contracts, wills, and other public
instruments shall be governed by the laws
of the country in which they are executed.
When the acts referred to are executed
before the diplomatic or consular officials
of the Republic of the Philippines in a
foreign country, the solemnities
established by Philippine laws shall be
observed in their execution.
Prohibitive laws concerning persons, their
acts or property, and those which have,
for their object, public order, public
policy and good customs shall not be
rendered ineffective by laws or judgments
promulgated, or by determinations or
conventions agreed upon in a foreign
country. (11a)
Lex Loci Celebrationis (Extrinsic
Validity)
-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 (NCC, Article 17).
Formalities for the Acquisition,
Encumbering, or Alienation of property
-Governed by the lex rei sitae (where it is
situated)
Rules of Extraterritoriality
-Act executed before Philippine diplomatic
and consular officials, the solemnities of the
Philippine law shall be observed.
The intrinsic validity of the contract is
governed by the proper law of the contract
(lex contractusi) which may either be the
law of the place voluntary agreed upon by
them (lex loci voluntaris) or the law of the
place intended expressly or impliedly (lex
loci intentionis)
The intrinsic validity of a will shall be
governed by the national law of the
decedent.
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)
-If there is no deficiency in abovementioned
laws, then the provisions of the Civil Code
cannot apply.
-Special laws prevails over civil code in
general rule
CHAPTER 2
HUMAN RELATIONS
Art. 19. Every person must, in the
exercise of his rights and in the
performance of his duties, act with
justice, give everyone his due, and observe
honesty and good faith.
Honesty- careful regard for other’s rights
and property
Good Faith- honest intention to avoid
taking undue advantage of another.
Principle of Abuse of Rights
- Requires everyone must act with
justice, give everyone his due, and observe
honesty and good faith
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Elements of Abuse of Rights
1. the existence of legal right or duty
2. which is exercised in bad faith; and
3. with the sole intent of prejudicing or
injuring another
Principle:
The abuse of a right is the greatest
possible wrong (Arlegui v. CA,
G.R. No. 126437, March 6, 2002)
-The exercise of a right ends when the right
disappears, and it disappears when it is
abused, especially to the prejudice of others.
-It cannot be said that a person exercises a
right when he unnecessarily prejudices
another or offends morals or good customs.
(Pineda, 2009)
Principle of Damnum Absque Injuria
-It means damage without injury. One who
merely exercises one’s rights does no
actionable injury and cannot be held liable
for damages
Injury is the illegal invasion of a legal right;
damage is the loss, hurt, or harm which
results from the injury; and damages are the
compensation awarded for the damage
suffered.
- There can be damage without injury
in those instances in which the loss
or harm was not the result of a
violation of a legal duty.
Art. 20. Every person who, contrary to
law, willfully or negligently causes
damage to another, shall indemnify the
latter for the same.
-this article punishes illegal acts whether
done willfully or negligently.
-indemnity shall be granted to the injured
party if a person abuses his rights or acts
contrary to laws.
-It is essential that some right of his be
impaired.
Introduces concept of torts
1. Spanish torts -based on negligence.
2. American tort -based on malice
Art. 21. Any person who willfully causes
loss or injury to another in a manner that
is contrary to morals, good customs or
public policy shall compensate the latter
for damages.
-Article is intended to expand the concept of
torts in this jurisdiction by granting adequate
legal remedy for the untold number of moral
wrongs which is impossible for human
foresight to specifically provide in the
statures.
-Every good law draws its breath of life
from morals, from those principles are
written with words of fire in the conscience.
Requisites:
1. There is an act which is legal.
2. But contrary to morals, good
customs, public order and policy.
3. Done with INTENT to injure.
Civil Liability for moral negligence
-There is no civil liability for moral
negligence. A person is required to act with
prudence towards others, but not with
charity; the law imposes diligence and not
altruism.
Breach of promise to marry
GR: A breach of promise to marry per se is
not an actionable wrong.
XPN: When the act constitutes one where
damages pursuant to Art. 21 of the NCC
may be recovered is not a mere breach of
promise to marry, such as:
1. Where the woman is a victim of moral
seduction (Gashem Shookat Baksh v. CA,
G.R. No. 97336, February 19, 1993).
2. Where one formally sets a wedding,
and go through and spend for all the
preparations and publicity, only to
walk out of it when the matrimony was
about to be solemnized (Wassmer v.
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Velez, G.R. No. L-20089, December 26,
1964).
Art. 22. Every person who through an act
of performance by another, or any other
means, acquires or comes into possession
of something at the expense of the latter
without just or legal ground, shall return
the same to him.
-No person should unjustly enrich himself at
the expense of another.
NOTE: The article applies only if:
1. Someone acquires or comes into
possession of “something” which means
delivery or
acquisition of things”; and
2. Acquisition is undue and at the expense of
another, which means without any just or
legal ground.
Action In Rem Verso
-action for recovery of what has been paid or
delivered without just cause or legal ground.
Requisites:
1. One party must be enriched and the other
made poorer.
2. There must be a causal relation between
the two.
3. The enrichment must not be justifiable
4. There must be no other way to recover
5. The indemnity cannot exceed the loss or
enrichment
(1) that the defendant has been enriched;
(2) that the plaintiff has suffered a loss;
(3) that the enrichment of the defendant is
without just or legal ground;
(4) that the plaintiff has no other action
based on contract, quasi-contract, crime or
quasi-delict.138
Art. 23. Even when an act or event
causing damage to another’s property
was not due to the fault or negligence of
the defendant, the latter shall be liable for
indemnity if through the act or event he
was benefited.
- Even if an event or act causes loss or
injury to another party is accidental or
fortuitous, the party who benefited from
such act will still be held liable under
this article.
Example:
Without A’s knowledge, a flood drives his
cattle to the cultivated highland of B. A’s
cattle are saved, but B’s crop is destroyed.
True, A was not at fault, but he was
benefited. It is but right and equitable that he
should indemnify B.
Art. 24. In all contractual, property or
other relations, when one of the parties is
at a disadvantage on account of his moral
dependence, ignorance, indigence, mental
weakness, tender age or other handicap,
the courts must be vigilant for his
protection.
-The law intended to protect both those who
are found weak and uneducated who may
have been taken advantage of by
unscrupulous persons or those who may
have used undue influence in entering into
agreements.
- “Parens Patriae”-Father or parents of his
country- The state is under obligation to
minimize the risk to those who because of
their minority are as yet unable to take care
of themselves fully.
-In case of doubt, the doubt must be
resolved in favor of the underdog.
Art. 25. Thoughtless extravagance in
expenses for pleasure or display during a
period of acute public want or emergency
may be stopped by the order of the courts
at the instance of any government or
private charitable institution.
- Thoughtless extravagance during
emergencies may incite the passions of
those who cannot afford to spend.
- The Mayor of a City has to ask for a
court order should he desire to stop an
alleged display of extravagance by a
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 social organization cannot summarily
order the stopping.
Requisites;
1. There is an acute public want or
emergency
2. The party seeking to stop such must
be a government or charitable
institutions.
Art. 26. Every person shall respect the
dignity, personality, privacy and peace of
mind of his neighbors and other persons.
The following and similar acts, though
they may not constitute a criminal
offense, shall produce a cause of action
for damages, prevention and other relief:
(1) Prying into the privacy of
another’s residence;
(2) Meddling with or disturbing
the private life or family relations
of another;
(3) Intriguing to cause another to
be alienated from his friends;
(4) Vexing or humiliating another
on account of his religious beliefs, lowly
station in life, place of birth, physical
defect, or other personal condition.
- This article enhances human dignity and
personality. Due regard for decency and
propriety.
- Human personality must be exalted and tht
the right of persons mut be amply protected
and damages are provided for violating a
person’s privacy, dignity, personality and
peace of mind.
Remedies:
1. An action for damages
2. An action for prevention
3. Any other relief
Art. 27. Any person suffering material or
moral loss because a public servant or
employee refuses or neglects, without just
cause, to perform his official duty may file
an action for damages and other relief
against the latter, without prejudice to
any disciplinary administrative action
that may be taken.
-Limited to refusal or neglect to perform
official duties.
Requisites:
1. Defendant must be a public official
charged with official duties.
2. There is a violation of official duty
in favor of an individual.
3. There is willfulness or negligence in
the violation of such official duty.
4. There be an injury to an individual.
GR: a public officer is not personally liable
to one injured in consequence of an act
performed within the scope of his official
authority, and in line of his
official duty.
XP: “any person suffering material or moral
loss because a public servant or employee
refuses or neglects, without just cause, to
perform his official duty may file an action
for damages and other relief against the
latter, without prejudice to any disciplinary
ad-
ministrative action that may be taken.
Art. 28. Unfair competition in
agricultural, commercial or industrial
enterprises or in labor through the use of
force, intimidation, deceit, machination or
any other unjust, oppressive or
highhanded method shall give rise to a
right of action by the person who thereby
suffers damages.
- This article is necessary because
“Democracy becomes a veritable
mockery if any person or group of
persons by any unjust or high-handed
method may deprive others of fair
chance to engage in business or to earn
a living.
- Unfair competition refers to the
employment of deception or any other
means against good faith to pass of
goods he has manufactured or which he
deals for those who has established such
goodwill.
- Test of Unfair Competition: whether a
certain goods have been intentionally
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 clothed with an appearance which is
likely to deceive the ordinary purchasers
exercising ordinary care.
Art. 29 When the accused in a criminal
prosecution is acquitted on the ground
that his guilt has not been proved beyond
reasonable doubt, a civil action for
damages for the same act or omission
may be instituted. Such action requires
only a preponderance of evidence. Upon
motion of the defendant, the court may
require the plaintiff to file a bond to
answer for damages in case the complaint
should be found to be malicious.
If in a criminal case the judgment of
acquittal is based upon reasonable doubt,
the court shall so declare. In the absence
of any declaration to that effect, it may be
inferred from the text of the decision
whether or not the acquittal is due to that
ground.
-A person criminally liable is also civilly
liable. The two liabilities are separate and
distinct from each other.
-Crim liability is for the punishment or
correction. While Civil liability is for
reparation of damages suffered by the
aggrieved party.
-criminal liability will give rise to civil
liability only if the same felonious act or
omission results in damage or injury to
another and is the direct and proximate
cause hereof.
-“The extinction of the penal action does not
carry with it extinction of the civil action.
However, the civil action based on delict
shall be deemed extinguished if there is a
finding in a judgment in the criminal action
that the act or omission from which the civil
liability may arise did not exist.”
Art. 30. When a separate civil action is
brought to demand civil liability arising
from a criminal offense, and no criminal
proceedings are instituted during the
pendency of the civil case, a
preponderance of evidence shall likewise
be sufficient to prove the act complained
of.
-Civil action is deemed to have been
instituted within the criminal action unless
such party has waived the civil action,
reserves the to institute such civil action
separately or prior to the criminal action.
- When civil action is instituted but there is
no criminal action, a preponderance of
evidence shall be sufficient to prove the act
complained of.
When Civil Action Is Instituted, But No
Criminal Action
-When a separate civil action is brought to
demand civil liability arising from a
criminal offense, and no criminal
proceedings are instituted during the
pendency of the civil case, a preponderance
of evidence shall be sufficient to prove the
act complained of.
Example:
A accuse B of stealing A’s watch, and so A
brought a civil action against B to get the
watch and damages. If the fiscal institutes
criminal proceeding against B the civil case
is suspended in the meantime. This case not
being one of the for which there can be an
independent civil action. But if the fiscal
does not, then the civil case continues, here,
a mere preponderance of evidence would be
sufficient to enable A to recover.
Art. 31. When the civil action is based on
an obligation not arising from the act or
omission complained of as a felony, such
civil action may proceed independently of
the criminal proceedings and regardless
of the result of the latter.
-Article 31 of the Civil Code does not
provide for an independent action. An
independent civil action is an action that is
based upon the same criminal act as in the
case of Articles
32, 33 and 34.
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-The civil action for damages based upon
quasi-delict may proceed independently of
the criminal proceeding for criminal
negligence and regardless of the result of the
latter. Hence, even if the defendant is
acquitted in the criminal action of the charge
of reckless imprudence resulting in
homicide, the civil action for damages for
the death of the deceased based upon quasi-
delict may proceed to judgment.
-A quasi-delict or culpa aquiliana is a
separate legal institution under the civil
code. There, acquittal or conviction in the
criminal case is irrelevant in the civil case.
Art. 32. Any public officer or employee,
or any private individual, who directly or
indirectly obstructs, defeats, violates or in
any manner impedes or impairs any of
the following rights and liberties of
another person shall be liable to the latter
for damages: (Bill of rights in 1987
Constitution)
In any of the cases referred to in this
article, whether or not the defendant’s act
or omission constitute a criminal offense,
the aggrieved party has a right to
commence an entirely separate and
distinct civil action for damages, and for
other relief. Such civil action shall
proceed independently of any criminal
prosecution (if the latter be instituted),
and may be proved by a preponderance
of evidence.
The indemnity shall include moral
damages. Exemplary damages may also
be adjudicated. The responsibility herein
set forth is not demandable from a judge
unless his act or omission constitutes a
violation of the Penal Code or other penal
statute.
-Threat to freedom arises from abuse of
power of government officials and peace
officers.
--Good faith is not a defense: Public
officials in the past have abused their
powers on the pretext of justifiable motives
or good faith in the performance of their
duties. Precisely, the object of the article is
to put an end to official abuse by the plea of
good faith.
Scope of person liable:
1. Any public officer or employee.
2. Any private individual even if he be
in good faith.
Art. 33. In cases of defamation, fraud,
and physical injuries, a civil action for
damages, entirely separate and distinct
from the criminal action, may be brought
by the injured party. Such civil action
shall proceed independently of the
criminal prosecution, and shall require
only a preponderance of evidence.
-Speaks of Defamation, Fraud and Physical
Injuries.
-Only a preponderance of evidence is
required to hold a person liable for damages.
-Civil action for damages allowed to be
instituted is EX DELICTO.
-NEW CONCEPT OF TORT (ART 20)
- More for the benefit of the claimant or
victim than anybody else. Nevertheless, if he
files a civil case under Art 33, the victim ca
no longer intervene in the prosecution of the
criminal case.
Art. 34. When a member of a city or
municipal police force refuses or fails to
render aid or protection to any person in
case of danger to life or property, such
peace officer shall be primarily liable for
damages, and the city or municipality
shall be subsidiarily responsible therefor.
The civil action herein recognized shall be
independent of any criminal proceedings,
11
and a preponderance of evidence shall
suffice to support such action.
Independent liability od City or
Municipal Police Force:
1. Primary liability- assessed against
the member of the police force who
refuses or fails to render aid or
protection.
2. Subsidiary liability- imposed in the
city/municipality concerned in case
of insolvency.
Note: The city/municipal govt. may be sued
for its subsidiary liability.
Art. 35. When a person, claiming to be
injured by a criminal offense, charges
another with the same, for which no
independent civil action is granted in this
Code or any special law, but the justice of
the peace finds no reasonable grounds to
believe that a crime has been committed,
or the 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
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.
-Applies to cases when there is no
independent civil action (such as when the
liability sought to be recovered arises from
crime); and not tortious action such as hat
provided for under Art. 33.
Example:
A woman accused her classmate of
committing against her the crime of
unintentional abortion. But the fiscal refused
to institute criminal proceedings. She may
bring a civil action for damages against the
alleged offender, but in course of the trial,
an information should be presented by the
fiscal, charging the classmate with the
crime, the civil action shall be suspended
until the termination of the criminal
proceedings.
Art. 36. Prejudicial questions, which must
be decided before any criminal
prosecution may be instituted or may
proceed, shall be governed by rules of
court which the Supreme Court shall
promulgate and which shall not be in
conflict with the provisions of this Code.
-A Prejudicial Question is one that arises
during a case, and that the resolution of such
is a logical antecedent to the resolution of
the case.
-one which must be decided first before a
criminal action may be instituted or may
proceed because a decision therein is vital to
the judgement in the criminal case.
Requisites:
1. The civil case involve fact intimately
related to those upon which the
criminal prosecution would be based;
2. In the revolution of the issue/s raised
in the civil actions, the guilt or
innocence of the accused would
necessarily be determined; and
3. Jurisdiction to try, said question must
be lodged in another tribunal.
The elements of prejudicial question are:
(a) the previously instituted civil action
involves an issue similarly or intimately
related to the issue raised in the subsequent
criminal action, and
(b) the resolution of such issue determines
whether or not the criminal action may
proceed.
Example;
12
A was lawfully married to B. At he point of JURIDICAL CAPACITY vs CAPACITY
a gun, A was threatened if he would not TO ACT
marry C. So A married C. Out of jealousy, B
asked the fiscal to file bigamy charges
against A, who had in the meantime asked
that the second marriage be annulled in view
of the intimidation committed on him.
Should the criminal action proceed at once?
Held: NO. For the decision in the civil case
would affect A’s criminal liability, and this
therefore is a prejudicial question.

The doctrine of prejudicial question comes

into play generally in a situation where a
civil action and a criminal action both pend
and there exists in the former an issue which
must be preemptively resolved before the
criminal action may proceed, because
howsoever the issue raised in the civil action
is resolved would be determinative juris et
de jure of
the guilt or innocence of the accused in the
criminal case.

Art. 38. Minority, insanity or imbecility,

PERSONS
the state of being a deaf-mute, prodigality
and civil interdiction are mere
Art 37. Juridical capacity, which is the
restrictions on capacity to act, and do not
fitness to be the subject of legal relations,
exempt the incapacitated person from
is inherent in every natural person and is
certain obligations, as when the latter
lost only through death. Capacity to act,
arise from his acts or from property
which is the power to do acts with legal
relations, such as easements.
effect, is acquired and may be lost
Restrictions on Capacity to act
Person- any being, natural or artificial,
(M-I-D-I-P-C)
capable of possessing legal rights and
1. Minority- State of a person who is
obligations.
under the age of legal majority which is
Personality- aptitude to be the subject,
eighteen years of age;
active or passive, or juridical relations. One
2. Insanity- mental faculties are diseased
is a person, while one has personality
3. Deaf-mute-
TWO KINDS OF PERSONS 4. Imbecility- advanced in age has the
Natural Persons Juridical Persons mental capacity comparable to a child.
Human beings Those created by (2-7yrds old)
created by God. law. 5. Prodigality- spendthrift or squanderer.

13
6. Civil Interdiction- accessory penalty
imposed upon an accused who is
sentenced to a principal penalty not
lower than reclusion temporal.
Art. 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.
-it is the aptitude to be subject active or
passive, or juridical relations. One is a
person, while one has personality.
Acquisition of Personality through Birth
GR: Permanent personality- personality
begins at birth, not a conception.
XPNs: Presumptive personality- the law
considers the conceived child as born.
Provisional personality of a conceived
child
-a conceived child, although as yet unborn,
has limited and provisional personality. It’s
personality is provisional because it depends
upon the child being born alive later under
certain conditions.

A married woman, twenty-one years of Born later in accordance with law.

age or over, is qualified for all acts of civil A foetus with an intra-uterine life of:
life, except in cases specified by law. Must survive at
-Include the restriction or limitations and the Less than 7 least 24 hrs after its
circumstance that modifies the capacity to months complete delivery
act. (Extraordinary) from the maternal
womb.
If born alive, it is
considered born
At least 7 months
even if it dies
(Ordinary)
within 24 hrs after
complete delivery.
Cutting of the
NATURAL PERSONS Complete delivery umbilical cord from
the mother’s womb.
Art 40. Birth determines personality; but
Rights of the conceived child (S-A-D)
the conceived child shall be considered
1. Right to Support
born for all purposes that are favorable to
2. To be Acknowledged
it, provided it be born later with the
3. To receive Donations
conditions specified in the following
article
Art. 42. Civil personality is extinguished
Art. 41. For civil purposes, the foetus is
by death.
considered born if it is alive at the time it
The effect of death upon the rights and
is completely delivered from the mother's
obligations of the deceased is determined
womb. However, if the foetus had an
by law, by contract and by will
intra-uterine life of less than seven
months, it is not deemed born if it dies
Civil personality ceases according to the
within twenty-four hours after its
ff:
complete delivery from the maternal
womb Natural Persons Juridical Persons
Personality begins at conception. By termination of
By death
existence
14
 Effect of Death on Civil Personality
- Death extinguishes civil personality.
However, the rights and obligations of the
deceased are not necessarily extinguished
by his death.
Effect of death is determined by:
a) Law
b) Contract
c) Will
Other legal effects of death:
a) Right to support ends
b) Marriage ends
c) Tenure of public office
d) Property or estate left by him is subject
to the tax in generally the same manner
when he was alive.
e) Sale of property even authorized is
void.
Art. 43. If there is a doubt, as between
two or more persons who are called to
succeed each other, as to which of them
died first, whoever alleges the death of
one prior to the other, shall prove the
same; in the absence of proof, it is
presumed that they died at the same
time and there shall be no transmission
of rights from one to the other.
Rules to apply in case there is doubt as
to who died
1. Successional Rights- Art 43, when
there is no proof, the presumption is
both died at the same time
2. No successional right involved- Rule
131 Sec 3, Presumption of death is
according to their sex/age.
Note: These are applicable when there is
absence of proof.
If there is doubt as to who died first:
1. Burden of Proof: Whoever alleges the
death of one prior to the other has the
burden of proving such claim.
2. Absence of such proof: Presumption
is they died at the same time. There
shall be no transmission of
successional rights.
Conditions in the application of
survivorship:
1. There are two or more persons;
2. They perish in the same calamity;
3. It is not shown who died first;
4. There are no particular
circumstances from which it can be
inferred one died ahead of the other.
JURIDICAL PERSONS
Art. 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
15
distinct from that of each shareholder,
partner or member.
Juridical Person- an artificial being,
capable of possessing legal rights and
obligation that is created by law.
Classifications:
Public Juridical Private Juridical
Persons Persons
1. Public 1. Private
corporations like corporations
the province and 2. Partnerships
the city. 3. Foundations
2. The state itself.
Private corporation begins to exist as a
juridical person from the moment a
certificate of incorporation is granted to it
Art. 45. Juridical persons mentioned in
Nos. 1 and 2 of the preceding article are
governed by the laws creating or
recognizing 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. (36 and 37a)
GR: the nationality of a corporation is
generally determined by the place of its in
corporation.
XPNs:
a) For the grants of rights in the
Constitution and acquisition of lands
and other resources even if incorporated
here, 60% of its capital should be
Philippine-owned.
b) During war, we may pierce the veil of
corporate identity.
-A german-controlled corporation, even if
incorporated here, is considered an enemy
corporation during the war for the purpose
of freezing its assets
Converse Rubber Corp v. Universal
Rubber Pro. Inc.
-Even if a foreign corporation is not doing
business in the Phil., and even if not
licensed, it may sue here in our country.
Art. 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
organization.
Rights of Juridical Persons
1. To acquire and possess property of
all kinds.
2. To incur obligations
3. To bring civil or criminal actions
Capacity to Acquire Lands
-A religious corporation not owned by
Filipinos cannot acquire lands. Roman
Catholic church can acquire lands. Because
the Chruch is an entity or person separate
and distinct from the personality of the Pope
or of the Holy See.
-When a particular state ins USA allows
Filipinos to acquire and exploit their lands,
Americans can be granted RECIPROCAL
parity rights.
Estopel:
- A person who contracts with a
“corporation” cannot later deny its
personality.
- A person who represents himself as
the agent of a non-existing
corporation cannot prevent the
person who has been misled from
suing.
- A corporation may still continue to
take part in prosecuting for the next
3 years.
Art. 47 Upon the dissolution of
corporations, institutions and other
16
entities for public interest or purpose the Phil. From birth
mentioned in No. 2 of article 44, their without having to perform
property and other assets shall be any act to acquire it.
disposed of in pursuance of law or the
Naturalized Citizen through judicial
charter creating them. If nothing has
Citizen decision
been specified on this point, the property
and other assets shall be applied to Citizen by Citizens through exercising
similar purposes for the benefit of the election the option to elect a
region, province, city or municipality particular citizenship,
which during the existence of the within a reasonable time
institution derived the principal benefits after reaching the age of
from the same majority.
Rule if Public Juridical persons are
Dissolved Determining Citizenship
a) Refers to puvlic corporations or
1. Jus soli- by the place of birth
associations.
2. Jus sanguinis- by blood
b) How assets are distributed:
1. Apply the provisions of law or Personal Law attaches a person wherever
charter creating them. he may go and generally governs his status,
2. When there is no such provision, capacity, condition, family relations and the
assets will be for the benefit of the consequences of his action.
place which was already receiving
the principal benefits during the
existence of the corporation or
associations.
How corporation exercise its powers
1. Through its board of directors,
officers and agents
2. When authorized by a board
resolution or its by-laws.
Close corporation is organized for the
purpose of running a family business or
managing family property.

CITIZENSHIP AND
DOMICILE
Citizenship is the status of being a citizen,
or of owing allegiance to a certain state for
the privilege of being under its protection.
Nationality refers to a racial or ethnic
relationship
Kinds of Citizen
Natural Born Those who are citizen of
17

Art. 48. The following are citizens of the
Philippines:
(1) Those who were citizens of the
Philippines at the time of the adoption of
the Constitution of the Philippines;
(2) Those born in the Philippines of
foreign parents who, before the adoption
of said Constitution, had been elected to
public office in 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. (n)
Modes by which Philippine citizenship
may be lost:
1. naturalization in a foreign country
2. express renunciation of citizenship
3. subscribing to an oath of allegiance to
support the Constitution or laws of a
foreign country;
4. rendering service or commission in the
armed forces of a foreign country.
5. Cancellation of cert of naturalization
6. Declared by competent authority a
deserter of PH armed forces.
7. Upon marriage to a foreigner, by virtue
of the laws force in her husband’s
country.
Reacquiring Citizenship
1. By naturalization
2. By repatriations of deserters of the army.
3. By direct act of National Assembly
Privilege of Repatriation
1. To natral-born filipinos who lost their
citizenship on account of political or
economic necessity;
2. Minor children of the said natural-born
filipinos.
Citizen Under 1987 Consti
SECTION 1. The following are citizens of
the Philippines:
(1) Those who are citizens of the Philippines
at the time of the adoption of this
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; and
(4) Those who are naturalized in accordance
with law.
1. A minor child born before naturalization-
a. If born in the PH- FILIPINO
b. Outside:
-If dwelling in PH at time the parent’s
naturalization- Filipino
18
 -Dwelling outside- filipino during his
minority unless he permanently resides in
the PH
2. minor child born after naturalization-
a. if born in PH- Filipino
b. if outside- Filipino, unless within 1 yr
after reaching majority he fails to register.
Art. 49. Naturalization and the loss and
reacquisition of citizenship of the
Philippines are governed by special laws.
Modes of Citizenship through
Naturalization
1. Administrative naturalization
2. Judicial naturalization
3. Legislative naturalization through
law enacted
Qualifications in acquiring naturalization
Judicial Act
1. He must be not less than twenty-one
years of age on the day of the hearing
of the petition;
2. He must have resided in the Philippines
for a continuous period of not less than
ten years
3. He must be of good moral character and
believes in the principles underlying the
Philippine Constitution;
4. He must own real estate in the
Philippines worth not less than five
thousand pesos, Philippine currency, or
must have some known 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; and
6. He must have enrolled his minor
children of school age, in any of the
public schools or private schools
recognized by the Office of Private
Education1 of the Philippines.
Disqualification in Judicial act
1. Persons opposed or affiliated to
association opposing all organized
government
2. Persons defending or teaching the
necessity or propriety of violence,
personal assault, or assassination for the
success and predominance of their ideas;
3. Polygamists or believers in the practice of
polygamy;
4. Persons convicted of crimes involving
moral turpitude;
5. Persons suffering from mental alienation
or incurable contagious diseases;
6. Persons who, during the period of their
residence in the Philippines, have not
mingled socially with the Filipinos and
embraced out culture.
7. Citizens or subjects of nations with whom
the United States and the Philippines are at
war, during the period of such war;
8. Citizens or subjects of a foreign country
other than the United States whose laws
do not grant Filipinos the right to
become naturalized citizens or subjects
thereof.
Qualifications in acquiring naturalization
Administrative act
1. Born and residing in the Phil.
2. not be less than eighteen (18) years
of age, at the time of filing of his/her
petition;
3. The applicant must be of good moral
character and believes in the
underlying principles of the
Constitution;
4. The applicant must have received
his/her primary and secondary
education in any public school or
private educational institution dully
recognized in our country.
5. Must have a known trade, business,
profession or lawful occupation,
19
 from which he/she derives income
sufficient for his/her support
6. able to read, write and speak Filipino
or any of the dialects of the
Philippines
7. must have mingled with the Filipinos
and embraces its culture and
customs.
(SAME DISQUALIFICATION FOR
JUDICIAL AND ADMINISTRATIVE)
DOMICILE
-Speaks of one’s permanent place of abode,
in general.
STEPS IN NATURALIZATION -A person may be a citizen of one state,
1. A declaration of intention to become a without being domiciliary thereof.
filipino
2. Petition for naturalization must be filed Art. 50. For the exercise of civil rights and
3. Petition will be heard the fulfillment of civil obligations, the
4. If approved, there will be a rehearing domicile of natural persons is the place of
their habitual residence.
after 2 yrs after the promulgation of the
judgment awarding the naturalization Domiciliary or Territorial Theory/Lex
5. Taking oath of allegiance to the PH. Domicilii
XPNs: In declaration of intention -The individual’s private rights, condition,
status, and capacity are determined by the
1. Born in PH & received primary and law of his domicile.
secondary educ in the PH. It is adopted mostly by common law
2. Resided for 30 yrs in the PH before countries with population consisting of
the filing. different nationalities. Their unity may be
3. Widow and minor children of the an achieved by adopting the law of their
alien who has declared his intention domicile
to become a citizen.
Cancellation of Naturalization Certificate
1. Certificate was obtained
fraudulently.
2. Petition was made on an invalid
declaration of intention.
3. Failed to graduate from
public/private school recognized in
the PH.
4. If allowed himself to be used as a
dummy.

20
Legal Classification of Domicile
1. Domicile of Origin- domicile of a
person’s parents at the time of birth.
2. Constructive Domicile- established
by law after birth in case of persons
under legal disability, regardless of
their intention or voluntary act.
Requisites of acquire domicile
1. Capacity
2. Actual physical presence in the place
chosen
3. Freedom of choice
4. Provable intent that it should be
one’s fixed permanent place of
abode.

21
 De Facto Partnership is a defectively
organize partnership which the law
recognizes as de facto insofar a third persons
are concern, can possess a domicile for the
purpose of its de facto existence
Domicile of a Corporation is located where
the head office is

Rules for Domicile of Choice

-which is voluntarily chosen by a sui juris-
as his permanent home, that to which,
whenever he is absent, he intends to return.
There must concur:
1. Residence or bodily presence in the
locality;
2. An intention to remain there; and
3. An intention to abandon the old
domicile
Fundamental Principles:
1. No natural person must ever be
without domicile.
2. No person can have two or mor
domiciles at the same time. Except
for certain purposes and from
different legal viewpoints.
3. Every sui juris may change his
domicile.
4. Once acquire, it remains the domicile
unless a new one is obtained.
*Natural person cannot have more than 1
domicile, but a person may have more than
one residence.
Residence Domicile
Art. 51. When the law creating or More or less More or less
recognizing them, or any other provision temporary permanent
does not fix the domicile of juridical Can have more than Cannot have more
persons, the same shall be understood to 1 residence than 1 domicile
be the place where their legal
Used to indicate a
representation is established or where Fixed permanent residence
place of abode to which when absent, one
they exercise their principal functions whether permanent has the intention of
or temporary returning

22