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Civil Code Reviewer
Civil Code Reviewer
Civil Code Reviewer
CHAPTER 1
Civil Law
- it is the branch of the law that generally treats of the personal and family relations of an individual, his
property and successional rights, and the effects of his obligations and contracts.
Civil Code - is a compilation of existing laws, scientifically arranged into books, titles, chapters, and
subheads and promulgated by legislative authority.
Article 1. THIS ACT SHALL BE KNOWN AS THE “CIVIL CODE OF THE PHILIPPINES.”
Sources of the Civil Code
A. The Civil Code of Spain
B. The Philippine Constitution of 1935
C. Statute or Laws (Philippine, American, European)
D. Rules of Court (local or foreign)
E. Decisions of local tribunals (particularly the Supreme Court)
F. Decisions of foreign tribunals
G. Customs and traditions of our people
H. General principles of law and equity
I. Ideas from the Code Commission itself
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.
Circulars which are mere statements of general policy as to how the law should be construed do not
need presidential approval and publication in the Official Gazette for their effectivity.
Ignorance of the Law Distinguished from Ignorance of the Fact (Mistake of Fact)
- Ignorance of the fact eliminates criminal intent as long as there is no negligence.
Ex. A man who marries a second wife upon the reasonable belief after due search that his wife, missing
for 10 years, is dead.
Article 4. LAWS SHALL HAVE NO RETROACTIVE EFFECT, UNLESS THE CONTRARY IS PROVIDED.
- after an Act is amended, the original Act continues to be in force with regard to all rights that have
been accrued prior to such amendment.
1. If the laws themselves provide for the retroactivity, but in no case must an ex post facto law be
passed.
Ex Post Facto Law- a law which provided for the infliction of punishment upon a person for an act done,
which when it was committed, was innocent.
Note: The prohibition against ex post facto law applies only to criminal matters and not civil matters.
2. If the laws are remedial in nature. Reason: There are no vested rights in rules of procedure.
3. If the statute is penal in nature, provided”
A. It is favorable to the accused or to the convict.
B. And provided further that the accused or convict is not a habitual delinquent
Note: Where the law imposes the payment of interest for delay in the payment of taxes, the interest
cannot be considered a penalty, and the same cannot be applied retroactively to a tax delinquency
incurred prior to the passage of the law. The reason is that interest is merely considered as just
compensation to the state for the delay in paying the tax, and for the concomitant use by the taxpayer
of funds that rightfully should be in the government’s hands, especially if the interest charged is made
proportionate to the period of delay.
4. If the laws are of an emergency nature and are authorized by the police power of the government.
5. If the law is curative (this is necessarily retroactive for the precise purpose is to cure errors or
irregularities). However, this kind of law, to be valid, must not impair vested rights nor affect final
judgment.
6. If a substantive right be declared for the first time, unless vested rights are impaired.
Article 5. ACTS EXECUTED AGAINST THE PROVISIONS OF MANDATORY OR PROHIBITORY LAWS SHALL BE
VOID, EXCEPTS WHEN THE LAW ITSELF AUTHORIZES THEIR VALIDITY.
Note: The violation of directory laws does not result in invalid acts.
Exceptions:
1. When the law makes the act not void but merely voidable (valid until annulled) at the instance of the
victim.
2. When the law makes the act valid but subjects the wrongdoer to criminal responsibility.
3. When the law makes the act itself void, but recognizes some legal effects flowing therefrom.
4. When the law itself makes certain acts valid although generally they would have been void.
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.
Exceptions:
1. When the waiver is contrary to law, public order, public policy, morals, or good customs.
2. When the waiver is prejudicial to a third person with a right recognized by law. (Unless, of course,
such waiver has been made with the consent of such third persons.)
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 DECLARE 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.
Lapse of Laws
Laws may Lapse (i.e., end by itself in view of the expiration of the period during which it was supposed
to be effective) without the necessity of any repeal.
Problem: Mr. A committed a crime, but before the time of trial, the offense was no longer considered an
offense by the law. Should Mr. A still be punished?
Answer: It depends.
Article 8. JUDICIAL DECISIONS APPLYING OR INTERPRETING THE LAWS OR THE CONSTITUTION SHALL
FORM A PART OF THE LEGAL SYSTEM OF THE PHILIPPINES.
Note: Congress cannot, however, alter a Supreme Court interpretation of a constitutional provision, for
this would be an unwarranted assumption of judicial power. The legislature is, however, allowed to
define the terms it uses in a statute, said definitions being considered as part of the law itself.
Article 9. NO JUDGE OR COURT SHALL DECLINE TO RENDER JUDGMENT BY REASON OF THE SILENCE,
OBSCURITY, OR INSUFFICIENCY OF THE LAWS.
Apparently, the judge may apply any rule he desires as long as the rule chosen is in harmony with
general interest, order, morals, and public policy. Among such rules may be the following:
1. Customs which are not contrary to law, public order, and policy.
2. Decisions of foreign and local courts on similar cases.
3. Opinions of highly qualified writers and professors.
4. Rules of statutory construction
5. Principles laid down in analogous instances. Thus it has been said that where the law governing a
particular matter is silent on a question at issue, the provision of another law governing another matter
may be applied where the underlying principle or reasons is the same. “Ubi cadem ratio ibi eadem
disposito.”
In Case of Doubt
- in case of doubt, the judge should presume “the lawmaking body intended right and justice to prevail.”
- it has been truly said that “we should interpret not by the letter that killeth, but by the spirit that
giveth life.”
- Moreover, it has been wisely stated that “when the reason for the law ceases, the law automatically
ceases to be one.” Cessante ratione cessat ipsa lex.
Article 11. CUSTOMS WHICH ARE CONTRARY TO LAW, PUBLIC ORDER OR PUBLIC POLICY SHALL NOT BE
COUNTENANCED.
Custom Defined
- A custom is a rule of human action (conduct) established by repeated cts, and uniformly observed or
practiced as a rule of society, thru the implicit approval of the lawmakers, and which is therefore
generally obligatory and legally binding.
Article 12. A CUSTOM MUST BE PROVED AS A FACT, ACCORDING TO THE RULES OF EVIDENCE.
Kinds of Customs
1. A general custom is that of a country; a “custom of the place” is one where an act transpires.
Note: A general custom if in conflict with the local custom yields to the latter. However, in the absence
of proof to the contrary, a general custom is presumed to be also the “custom of the place.”
2. A custom may be propter legem (in accordance with law) or contra legem (against the law). It is
unnecessary to apply the first, because it merely repeats the law; it is wrong to apply the second.
Article 13. WHEN THE LAWS SPEAK OF YEARS, MONTHS, DAYS OR NIGHTS, IT SHALL BE UNDERSTOOD
THAT EARS ARE 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.
Note: The question has been asked: When is mailed petition considered filed, from the date of mailing
of from the time of actual receipt by the Court? The Supreme Court held that the petition is considered
filed from the time of mailing. This is because the practice in our courts is to consider the mail as an
agent of the government, so that the date of mailing has always been considered as the date of the filing
of any petition, motion or paper.
Computation of Periods
- in computing a period, the first day shall be excluded, and the last day included. Thus, 12 days after July
4, 2006 is Jul 16, 2006.
Answer: It depends.
1. In an ordinary contract, the general rule is that an act is due even if the last day be a Sunday or a legal
holiday.
2. When the time refers to a period prescribed or allowed by the Rules of Court, by an order of the
court, or by any other applicable statute, if the last day is a Sunday or a legal holiday, it is understood
that the last day should really be the next day, provided said day is neither a Sunday nor a legal holiday.
Note: The pretermission (exclusion from computation) of a holiday applies only to a period fixed by a
law or the Rule of Court, not to a date fixed by the Judge or a government officer.
Ex. If a public sale for a foreclosure is set by the sheriff for a certain day, and that day is declared a
special public holiday, the next date of the sale cannot be the next day.
If by the Rules of Court a defendant should answer within 15 days, and the 15th day is declared a
holiday, the last day for the answer will be the 16th day.
If a Judge fixes a trial hearing for a certain day, and that day is declared a holiday, trial will not be on the
following day.
Article 14. PENAL LAWS AND THOSE OF PUBLIC SECURITY AND SAFETY SHALL BE OBLIGATORY UPON ALL
WHO LIVE OR SOJOURN IN PHILIPPINE TERRITORY, SUBJECT TO THE PRINCIPLES OF PUBLIC
INTERNATIONAL LAW AND TO TREATY STIPULATIONS.
Exceptions
1. Firstly, the principles of public international law.
Ex. Immunities granted to diplomatic officials and visiting heads of states, provided the latter do not
travel incognito. If they travel incognito but with the knowledge of our government officials, heads of
states are entitled to immunity. If the incognito travel is without the knowledge or permission of our
country, diplomatic immunity cannot be insisted upon, and the heads of states traveling may be
arrested. However, once they reveal their identity, immunity is given.
2. Secondly, the presence of 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.
“Status” Defined
- includes personal qualities and relations, more or less permanent in nature, and not ordinarily
terminable at his own will, such as being married or not, or his being legitimate or illegitimate.
- the sum total of a person’s rights, duties, and capacities.
Thus:
1. to acquire, encumber, assign, donate or sell property depends on the law of the place where the
property is situated (lex situs or lex rei sitae).
2. Capacity to inherit depends not on the national law of the heir, but on the national law of the
decedent.
3. Capacity to get married depends not on the national law of the parties, but on the law of the place
where the marriage was entered into (lex loci celebrationis or locus regit actum), subject to certain
exceptions.
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 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.
Note: With regards to income tax, under our present laws, only corporate income derived from
Philippine sources may be taxed in our country. Thus, sales of shares of the capital stock of the
Pampanga Sugar Mills which was negotiated, perfected, and consummated in San Francisco, California
may not be imposed income tax sales from our Government.
Answer: The conventional answer is “Yes” because we have to know the total value of his estate for
eventual distribution to his heirs. As a matter of fact, under Article 16, paragraph 2, it is our law that
should govern their disposition. This answer would be all right, provided that Chinese courts would
respect the decisions of our courts. But what if they do not? It should be observed that we can hardly do
anything about it since the lands are in China. The problem of possible unenforceability and
ineffectiveness is precisely a defect of the second paragraph of Article 16. To eliminate the possibility of
“no-jurisdiction,” it is clear that Article 16, paragraph 2 can apply only to properties located in the
Philippines.
In the latter case, if one state involved follows the national theory, and the other, the domiciliary theory,
there is a possibility that the problem may be referred back to the law of the first state.
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 COUNTY, THE SOLEMNITIES ESTABLISHED BY THE
PHILIPPINE LAWS SHALL BE OBSERVED IN THEIR EXECUTION.
PROHIBITIVE LAWS CONCERNING PERSONS, THEIR ACTS OR PROPERTY, AND THOSE WHICH HAVE FOR
THEIR OJECT 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.
Doctrine of Lex Loci Celebrationis
- the first paragraph of Article 17 lays down this rule. Thus, a contract entered into by a Filipino in Japan
will be governed by Japanese insofar as form and solemnities of the contract are concerned.
Rule of Exterritoriality
- Even if the act be done abroad, still if executed before Philippine diplomatic and consular officials, the
solemnities of Philippine las shall be observed. The theory is that the act is being done within an
extension of Philippine territory (the principle of exterritoriality).
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.
Rule in Case of Conflict Between the Civil Code and Other Laws
- in case of conflict with the Code of Commerce or special laws, the Civil Code shall only be suppletory,
except if otherwise provided for under the Civil Code. In general, therefore, in case of conflict, the
special law prevails over the Civil Code, which is general in nature.