The document outlines various provisions related to laws in the Philippines, including that laws take effect after publication, ignorance of the law is not an excuse, laws are not retroactive, and judicial decisions interpreting laws become part of the legal system. It also discusses principles like void acts being against mandatory laws, presumption of right and justice in interpreting laws, rights being waivable unless against public policy, and persons being responsible for damages caused to others.
The document outlines various provisions related to laws in the Philippines, including that laws take effect after publication, ignorance of the law is not an excuse, laws are not retroactive, and judicial decisions interpreting laws become part of the legal system. It also discusses principles like void acts being against mandatory laws, presumption of right and justice in interpreting laws, rights being waivable unless against public policy, and persons being responsible for damages caused to others.
The document outlines various provisions related to laws in the Philippines, including that laws take effect after publication, ignorance of the law is not an excuse, laws are not retroactive, and judicial decisions interpreting laws become part of the legal system. It also discusses principles like void acts being against mandatory laws, presumption of right and justice in interpreting laws, rights being waivable unless against public policy, and persons being responsible for damages caused to others.
The document outlines various provisions related to laws in the Philippines, including that laws take effect after publication, ignorance of the law is not an excuse, laws are not retroactive, and judicial decisions interpreting laws become part of the legal system. It also discusses principles like void acts being against mandatory laws, presumption of right and justice in interpreting laws, rights being waivable unless against public policy, and persons being responsible for damages caused to others.
effect after fifteen days Art. 5. Acts executed Art. 1 - This Act shall Art. 3. Ignorance of the Art. 4. Laws shall have following the completion against the provisions of be known as the "Civil law excuses no one from no retroactive effect, of their publication mandatory or prohibitory compliance therewith. unless the contrary is Code of the in the Official Gazette, provided. laws shall be void, except Philippines." unless it is otherwise when the law itself provided. This Code shall authorizes their validity. take effect one year after such publication.
Art. 7. Laws are repealed
only by subsequent ones, and their violation or non- observance shall not be excused by disuse, or Art. 8. Judicial decisions Art. 9. No judge or court Art. 10. In case of doubt Art. 6. Rights may be custom or practice to the applying or interpreting shall decline to render in the interpretation or waived, unless the waiver contrary. When the courts the laws or the judgment by reason of the application of laws, it is is contrary to law, public declared a law to be Constitution shall form a silence, obscurity or presumed that the order, public policy, inconsistent with the part of the legal system of insufficiency of the laws. lawmaking body intended morals, or good customs, Constitution, the former the Philippines. right and justice to prevail. or prejudicial to a third shall be void and the latter person with a right shall govern. Administrative recognized by law. or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution. Art. 16. Real property as Art. 17. The forms and well as personal property is solemnities of contracts, wills, subject to the law of the country and other public instruments shall Art. 18. In matters which Art. 19. Every person Art. 20. Every person where it is stipulated. However, be governed by the laws of the are governed by the Code must, in the exercise of his who, contrary to law, country in which they are intestate and testamentary of Commerce and special rights and in the willfully or negligently executed. When the acts referred successions, both with respect performance of his duties, causes damage to to are executed before the laws, their deficiency shall to the order of succession and diplomatic or consular officials of be supplied by the act with justice, give another, shall indemnify to the amount of successional the Republic of the Philippines in everyone his due, and the latter for the same. rights and to the intrinsic validity provisions of this Code. a foreign country, the solemnities of testamentary provisions, established by Philippine laws observe honesty and good shall be regulated by the shall be observed in their faith. national law of the person execution. Prohibitive laws whose succession is under concerning persons, their acts or consideration, whatever may be property, and those which have the nature of the property and for their object public order, public regardless of the country policy and good customs shall wherein said property may be not be rendered ineffective by found. laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign country. Art. 13. When the laws Art. 14. Penal laws Art. 15. Laws relating speak of years, months, and those of public to family rights and days or nights, it shall be security and safety duties, or to the understood that years are of Art. 21. Art. 11. Any Customs personwhich who Art. 12. 22. AEvery customperson must Art. 23. Even when an three hundred sixty-five Art. 24. In all shall be obligatory contractual, Art. condition status, 25. Thoughtless and are contrary willfully to law, causes public loss or who through asan aactfact, be proved of act each; days or months, event ofcausing thirty property or other upon all who live or relations, extravagance legal capacityin expenses of order or to injury publicanother policy shall in performance by rules according to the another, of damage to days; days, of twenty-four another's when one of the parties is for pleasure or display sojourn in the persons are binding not be countenanced. manner that is contrary to or any other means, evidence. property hours; andwasnightsnot due fromto at a disadvantage on during a period of acute acquires or comes into the fault sunset or negligence to sunrise. If months of Philippine account of territory, his moral upon citizens of the public want or emergency morals, good customs or public policy shall possession of something the designated are defendant, by the their latter subject dependence, to ignorance, the Philippines, may be stoppedeven by order compensate the latter for at the expense of the latter name, shall they be shall liable befor principles indigence, of public mental though of living abroad.at the the courts computed indemnity by ifthethrough number of the the damage. without just or legal international law and weakness, tender age or instance of any ground, shall return the days which they act or event he was respectively other handicap, the courts to treaty stipulations. government or private have. In computing a period, same to him. benefited. must be vigilant for his charitable institution. the first day shall be excluded, and the last day protection. included.
Art. 26. Art. 28. Art. 29. When the accused in
Every person shall Art. 27. Any person Unfair a criminal prosecution is acquitted respect the dignity, personality, competition in agricultural, privacy and peace of mind of his suffering material or moral on the ground that his guilt has Art. 30. When a separate neighbors and other persons. The loss because a public commercial or industrial not been proved beyond civil action is brought to following and similar acts, though servant or employee enterprises or in labor reasonable doubt, a civil action for damages for the same act or demand civil liability they may not constitute a criminal through the use of force, offense, shall produce a cause of refuses or neglects, omission may be instituted. Such arising from a criminal action for damages, prevention and without just cause, to intimidation, deceit, action requires only a offense, and no criminal other relief: perform his official duty machination or any other preponderance of evidence. Upon proceedings are instituted unjust, oppressive or motion of the defendant, the court (1) Prying into the privacy of may file an action for during the pendency of the may require the plaintiff to file a another's residence; damages and other relief highhanded method shall bond to answer for damages in civil case, a (2) Meddling with or disturbing the against the latter, without give rise to a right of action case the complaint should be preponderance of private life or family relations of prejudice to any by the person who thereby found to be malicious. If in a evidence shall likewise be another; suffers damage. criminal case the judgment of disciplinary administrative acquittal is based upon sufficient to prove the act (3) Intriguing to cause another to be action that may be taken. reasonable doubt, the court shall complained of. alienated from his friends; so declare. In the absence of any (4) Vexing or humiliating another on declaration to that effect, it may account of his religious beliefs, be inferred from the text of the lowly station in life, place of birth, decision whether or not the physical defect, or other personal acquittal is due to that ground. condition. (10) The liberty of abode and of (18) Freedom from excessive fines, Art. 32. Any public officer or changing the same; (11) The privacy or cruel and unusual punishment, employee, or any private individual, of communication and unless the same is imposed or Art. 31. When the civil who directly or indirectly obstructs, correspondence; (12) The right to inflicted in accordance with a statute Art. 33. In cases of defeats, violates or in any manner become a member of associations or which has not been judicially declared defamation, fraud, and action is based on an impedes or impairs any of the societies for purposes not contrary to unconstitutional; and (19) Freedom of obligation not arising from following rights and liberties of law; (13) The right to take part in a access to the courts. In any of the physical injuries a civil the act or omission another person shall be liable to the peaceable assembly to petition the cases referred to in this article, action for damages, latter for damages: (1) Freedom of Government for redress of whether or not the defendant's act or complained of as a felony, grievances; (14) The right to be a free omission constitutes a criminal entirely separate and religion; (2) Freedom of speech; (3) such civil action may Freedom to write for the press or to from involuntary servitude in any form; offense, the aggrieved party has a distinct from the criminal (15) The right of the accused against right to commence an entirely proceed independently of maintain a periodical publication; (4) action, may be brought by Freedom from arbitrary or illegal excessive bail; (16) The right of the separate and distinct civil action for the criminal proceedings accused to be heard by himself and damages, and for other relief. Such the injured party. Such civil detention; (5) Freedom of suffrage; and regardless of the (6) The right against deprivation of counsel, to be informed of the nature civil action shall proceed action shall proceed and cause of the accusation against independently of any criminal result of the latter. property without due process of law; him, to have a speedy and public trial, prosecution (if the latter be instituted), independently of the (7) The right to a just compensation to meet the witnesses face to face, and may be proved by a criminal prosecution, and when private property is taken for and to have compulsory process to preponderance of evidence. The public use; (8) The right to the equal secure the attendance of witness in shall require only a indemnity shall include moral protection of the laws; (9) The right his behalf; (17) Freedom from being damages. Exemplary damages may preponderance of to be secure in one's person, compelled to be a witness against one's also be adjudicated. The responsibility evidence. house, papers, and effects against self, or from being forced to confess herein set forth is not demandable unreasonable searches and guilt, or from being induced by a from a judge unless his act or seizures; promise of immunity or reward to make omission constitutes a violation of the such confession, except when the Penal Code or other penal statute person confessing becomes a State