CIVL LAW REVIEW 1| ATTY. TERESITA CRUZ | LECTURE NOTES | BIANCA FENILA E.
DADOR | DLSU LAW
CIVIL REVIEW I
Atty. Teresita L. Cruz
A REVIEWER1
CIVIL CODE OF THE PHILIPPINES
PRELIMINARY TITLE
CHAPTER 1. EFFECT AND APPLICATION OF LAWS (ARTS. 1-18)
ARTICLE 1 : This act shall be known as the Civil Code of the Philippines
Effectivity of Civil Code Effectivity of Family Code
June 18, 1949
ARTICLE 2 : : Laws shall take effect after 15 days following the completion
of their publication in the Official Gazette or Newspaper of
General Circulation, unless otherwise provided. This Code shall
take effect one year after such publication
 General Rule: Laws shall take effect after 15 days following the
completion of its publication in the Official
Gazette or Newspaper of General Circulation
 Exceptions:
1. Unless otherwise is provided in the law itself
 Note: That the exception is only with regard to the number of
days and not publication for publication is indispensable. The
purpose of which is to apprise the public. This is also in
connection with Article 3 “Ignorance of the Law excuses no one
from compliance therewith”
 If there is no period of effectivity stipulated in the law, then the
15-day period in this article should apply. If there is, the
stipulation should prevail.
1 Contents come from, but not limited to Paras, Civil Code of The Phil, Vol. 1 (2013); San Beda MemAid (2016);
Reviewers online; Class case digests. || Use at your own risk 😊
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 15 days after its publication- on the 15th day after publication;
after 15 days following its publication- on the 16th day after
publication
 Coverage
1. Presidential Decrees
2. Laws
3. Administrative regulations pursuant to a valid delegation of
power
4. City Charters
5. Circulars of the Monetary Board that are not merely
interpretative
6. Circulars penal in nature
7. Executive Orders
8. Circulars that are valid exercise of police power
August 3, 1988  Not Covered:
1. Letters of Instructions designed and dedicated by the
superiors to the subordinates
2. Interpretative regulations/circulars
3. Regulations/circulars that are internal in nature
4. SC decisions
 The date for effectivity of municipal ordinances are covered by
the Local Government Code and not by the Civil Code.
Honasan vs. The Panel of Investigating Prosecutors of the
Dept. of Justice, et. al., G.R. 159747, April 13, 2004
 In a Motion for Clarification, Honasan challenged the
jurisdiction of the DOJ Panel, stating that since the imputed
acts are committed in relation to his public office, it should be
the Ombudsman taking charge of the case. The assumption
of jurisdiction is based on a circular (OMB-DOJ Circular No. 95-
001). The SC ruled that Honasan’s argument is untenable
because Interpretative regulations and those merely internal
in nature, that is, regulating only the personnel of the
administrative agency and not the public, need not be
published. Neither is publication required of the so-called
letters of instructions issued by administrative superiors
 CIVL LAW REVIEW 1| ATTY. TERESITA CRUZ | LECTURE NOTES | BIANCA FENILA E. DADOR | DLSU LAW
concerning the rules or guidelines to be followed by their
subordinates in the performance of their duties.
Gatbonton vs. NLRC, et. al., G.R. 146779, January 23, 2006
 Gatbonton’ suspension effective Jan 11, 1999 is based on on
MIT’s Rules and Regulation for the implementation of RA No.
7877 which is only promulgated on Feb 23, 1999. The SC ruled
that the suspension is untenable. Administrative rules and
regulation must be published before enforcing or
implementing existing law. This is wpursuant also to a valid
delegation.
ARTICLE 3: Ignorance of the Law Excused No One From Compliance
Therewith
 Maxim: “Ignorantia Legis Non Excusat”
 By this rule/maxim, there is a conclusive presumption that is
formed and that is that everybody is presumed to know the law
even if one does not have any knowledge on it. This is for public
policy, expediency and necessity.
 This does not only apply to the literal meaning of the laws but
also their interpretation provided by our courts.
 This conclusive presumption only applies to domestic and not to
foreign laws because the courts do not take judicial notice of
the latter and these should be proven as facts. The failure to
prove such would entail the application of Doctrine of
Processual Presumption. This Doctrine mandates that the foreign
law will be presumed same as ours.
 In some instances, MISTAKE ON A DOUBTFUL OR DIFFICULT
QUESTION OF LAW MAY BE THE BASIS OF GOOD FAITH. This,
however, will not exempt a person from liability. This will only
effect a mitigation thereof.
Ignorance of the Law Ignorance of Fact
Does not excuse one from Eliminates criminal intent as
liability long as there is no
negligence
Mistake on a doubtful or
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difficult question of law may
be the basis of good faith.
This, however, will not
exempt a person from
liability. This will only effect a
mitigation thereof.
 Note: The conduct and behavior of every one connected with
an office charged with the dispensation of justice, from the
presiding justice to the lower court, should be circumscribed
with the heavy burden or responsibility. This ruling became the
basis of holding a sheriff ignorant of the law, administratively
liable for gross negligence.
Marcos vs. Judge Fernando Vil. Pamintuan, A.M. No. RTJ-07-
2062, January 18, 2011
 A prior Order is issued dismissing the case because of
forum shopping and ordering that the Buddha state be
released from the custody of the Court. This Order is
already final and executory. However, 10 years after,
another Order is issued by another Judge respecting the
case.
 Competence is a mark of a good judge. When a judge
exhibits an utter lack of know-how with the rules or with
settled jurisprudence, he erodes the publics confidence
in the competence of our courts. It is highly crucial that
judges be acquainted with the law and basic legal
principles. Ignorance of the law, which everyone is
bound to know, excuses no one - not even judge
ARTICLE 4: Laws shall have no retroactive effect, unless the contrary is
provided
 Retroactive Law- is a law that is made to apply or effect
transactions occurred or rights vested before its enactment.
 Reason: Grave injustice would occur. Article 3 should only apply
to laws already enacted.
 General Rule: All laws are prospective
 CIVL LAW REVIEW 1| ATTY. TERESITA CRUZ | LECTURE NOTES | BIANCA FENILA E. DADOR | DLSU LAW

 Exception:  Exception to the Exception:

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1. Penal Laws that are favorable to the accused, provided 1. Ex post facto laws
that the accused is not a habitual delinquent  An Ex post facto law, translated as "after the fact," is
defined as one which:
o Article 22. Retroactive effect of penal laws. - Penal (a) makes criminal an act done before the passage
Laws shall have a retroactive effect insofar as they of the law and which was innocent when done, and
favor the persons guilty of a felony, who is not a punishes such an act;
habitual criminal, as this term is defined in Rule 5 of (b) aggravates a crime, or makes it greater than it
Article 62 of this Code, although at the time of the was, when committed;
publication of such laws a final sentence has been (c) changes the punishment and inflicts a greater
pronounced and the convict is serving the same. punishment than the law annexed to the crime
when committed;
 Art 64 (5) of RPC. Habitual delinquency shall have (d) alters the legal rules of evidence, and authorizes
the following effects: conviction upon less or different testimony than the
law requires at the time of the commission of an
(a) Upon a third conviction the culprit shall be offense in order to convict the defendant;
sentenced to the penalty provided by law for the (e) assumes to regulate civil rights and remedies only,
last crime of which he be found guilty and to the in effect imposes penalty or deprivation of a right for
additional penalty of prision correccional in its something which when done was lawful, and;
medium and maximum periods; (f) deprives a person accused of a crime of some
lawful protection to which he has become entitled,
(b) Upon a fourth conviction, the culprit shall be such as the protection of a former conviction or
sentenced to the penalty provided for the last acquittal, or a proclamation of amnesty.
crime of which he be found guilty and to the 2. Laws that impair obligations of contracts
additional penalty of prision mayor in its minimum
and medium periods; and
ARTICLE 5: Acts executed against the provisions of mandatory of
(c) Upon a fifth or additional conviction, the prohibitory laws shall be void, except when the law authorizes
culprit shall be sentenced to the penalty their validity
provided for the last crime of which he be found
guilty and to the additional penalty of prision Mandatory Prohibitory Permissive
mayor in its maximum period to reclusion a. Positive
temporal in its minimum period. (something
should be
2. Laws that vests new rights provided these do not prejudice done)
rights already vested b. Negative
3. Laws that are merely interpretative (something
4. Remedial laws should not
5. Curative laws be done)
6. Tax laws expressly stating these apply retroactively Violation of which Violation of which Violation of which
7. Laws that expressly provides for retroactivity would render acts would render acts would not render
8. Emergency laws and are authorized by the police power of done void done void acts done void
the government. 
 CIVL LAW REVIEW 1| ATTY. TERESITA CRUZ | LECTURE NOTES | BIANCA FENILA E. DADOR | DLSU LAW
 General Rule: Acts contrary to mandatory or prohibitory laws are
void
 Exceptions:
1. Laws that make the acts committed valid but make the
person who committed such liable
 Marriage solemnized by person without authority
2. Laws that make the acts voidable
 Marriage when consent is vitiated
3. Laws that make the acts void but recognizes the effects as
valid
 Void marriage but children legitimate (Bulaga
spouse)
4. When laws itself make certain acts valid although generally
they would have been void
 Lotto
People vs. Quiachon, G.R. 170236, August 31, 2006
 Robert Quiachon allegedly raped his daughter, Rowena. Both
the RTC and CA found him guilty and sentenced him of Death;
however, they differed in terms of the amount of indemnity
awarded to the victim. Republic Act (R.A.) No. 9346 is also
passed sometime after their rulings prohibiting the imposition of
Death Penalty. The amount of indemnity and the sentence of
Death are now then contested in this case.
 Ultimately, the SC ruled to impose RECLUSION PERPETUA
instead of DEATH and followed CA’s amount of indemnity
awarded. R.A. No. 9346 is applicable in this case pursuant to
the principle in criminal law, favorabilia sunt amplianda adiosa
restrigenda. Penal laws which are favorable to accused are
given retroactive effect (This is an exception to Articlr 4 of the
Civil Code which states that “Laws shall have no retroactive
effect xxx). This principle is embodied under Article 22 of the
Revised Penal Code
Jarillo vs. People, G.R. No. 164435, June 29, 2010
 The Trial Court affirmed petitioner's conviction for bigamy.
Petitioner is moving for reconsideration of the Decision,
arguing that since petitioner's marriages are entered into
before the effectivity of the Family Code, then the
applicable law is Section 29 of the Marriage Law (Act 3613),
instead of Article 40 of the Family Code, which requires a
final judgment declaring the previous marriage void before
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a person may contract a subsequent marriage. Thus, he did
not commit the crime even if he married during a subsisting
valid marriage with another person and did obtain a prior
declaration of nullity of first marriage.
 In this case, the SC ruled that that Article 40, which is a rule
of procedure, should be applied retroactively because
Article 256 of the Family Code itself provides that said "Code
shall have retroactive effect insofar as it does not prejudice
or impair vested or acquired rights." In this case however,
Article 40 cannot be followed because it exemplifies the
danger of its application. To rule otherwise, all that an
adventurous bigamist has to do is disregard Article 40 of the
Family Code, contract a subsequent marriage and escape
a bigamy charge by simply claiming that the first marriage
is void and that the subsequent marriage is equally void for
lack of a prior judicial declaration of nullity of the first.
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.
 Rights- the power or privilege given by the law to a person
which is demandable of another
 Two Types:
a. Real- enforceable against the whole world
b. Personal- enforceable against a particular individual
 Waiver- intentional relinquishment of a right or a conduct that
warrants such relinquishment of right
 Requisites:
1. Full capacity to make the waiver
2. Intentional
3. Equivocal
4. Compliant with the formalities of law, if the latter requires
5. Rights have been existent at the time of relinquishment
6. Not falling under the “exception” provided below.
 General Rule: Rights may be waived
 Exceptions:
1. Contrary to law, public policy, pubic order, morals, and
good customs;
 CIVL LAW REVIEW 1| ATTY. TERESITA CRUZ | LECTURE NOTES | BIANCA FENILA E. DADOR | DLSU LAW
2. Prejudicial to a third person’s right already recognized by
law.
3. Natural rights
Atty. Ferrer vs. Spouses Diaz, et. al., G.R. 165300, April 23, 2010
 Atty. Ferrer sued Comandante because the checks the latter
issued bounced. The checks are issued to pay the later’s
obligation to the former. Ferrer further claimed that prior to
this, Comandante, for Php 600k, which amount formed part
of the secured loan, executed in his favor an instrument titled
“Waiver of Hereditary Rights and Interests Over a Real
Property (Still Undivided).” Comandante asserted in her
Answer to the complaint to the amended complaint that:
the Waiver of Hereditary Rights and Interests Over a Real
Property (Still Undivided) is a useless document as its
execution is prohibited by Art. 1347 of the Civil Code, hence,
it cannot be the source of any right or obligation in Ferrer’s
favor; the REM is of doubtful validity as she executed the
same without valid authority from her parents; and, the
prayer for collection and/or judicial foreclosure is irregular as
Ferrer cannot seek said remedies at the same time.
 The SC ruled the waiver is void since it violates Article 1347 of
the Civil Code. (Article 5 also provides that “Acts executed
against the provisions of mandatory or prohibitory laws shall
be void except when the law itself authorizes their validity)
 Art. 1347 provides that no contract may be entered
into upon a future inheritance except in cases
expressly authorized by law. For the inheritance to be
considered "future", the succession must not have
been opened at the time of the contract. A contract
may be classified as a contract upon future
inheritance, prohibited under the second paragraph
of Art. 1347, where the following requisites concur:
1. That the succession has not yet been
opened.
2. That the object of the contract forms part
of the inheritance; and,
3. That the promissor has, with respect to the
object, an expectancy of a right which is
purely hereditary in nature.
 In this case, there is no question that at the time of
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execution of Comandante’s “Waiver of Hereditary
Rights and Interest Over a Real Property (Still
Undivided)”, succession to either of her parent’s
properties has not yet been opened since both of
them are still living.
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 with the constitution, the former shall be boid 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.
 Repeal of Law- law that abrogates a prior law, wholly or partially,
and its effects
 Types of Repeal
1. Express- law expressly provides that it repeals a specific law
2. Implied- law that is in conflict with a prior law, wholly or
partially. This is not looked favorably by law.
o Requisites:
a. Same subject matter
b. Provisions therein are repugnant with each other
 Effects of Repeal:
Law A --- Law B-- Law C
Express Repeal: Law A will not Implied Repeal: Law A will be
be revived by the repeal of revived by the repeal of the
the law repealing the said. law repealing the said.
 Rule for General and Special Laws:
G-- S S-- G
 CIVL LAW REVIEW 1| ATTY. TERESITA CRUZ | LECTURE NOTES | BIANCA FENILA E. DADOR | DLSU LAW

General law is enacted first Special law is enacted first

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before the Special Law before the General Law  Stare decisis et non quieta movere- “To adhere to precedents
GR: The special law will be GR: The special law remains and not to unsettle things which are established”
considered an exception to EXC:
the General Law (1) There is express  Doctrine of Stare Decisis
declaration to the contrary o “adherence to precedents”
(2) There is clear, necessary o It means that the rule already setforth by the
and unreconcilable conflict Supreme Court in an earlier case should be followed
(3) Intent of the subsequent and applied as a rule on the subsequent cases with
general law is to demolish the substantially the same subject matter or issues.
prior law
 Legal Effects of Judicial Decisions
 Lapse of Laws o No publication is required
o Laws that have a period for validity o Conclusive and binding between the parties after the
o Mere lapse of law will note exempt a criminal from lapse of the period for appeal
liability. o Bind all future cases with substantially same facts and
issues
 Disuse, customs, or practice to the contrary does not repeal a a
law.  No Retroactive Effect
o Doctrines in SC decisions should be applied
 A mistake in the law or in legislation cannot be corrected by prospectively.
executive fiat but by another legislation.
 How Judicial Decisions are abrogated:
 Supremacy of the Constitution 1. Contrary ruling of the SC itself
o The Constitution is supreme, laws that run contrary to 2. Curative statutes
the former shall be void.  Obiter Dicta or opinions not necessary to the determination of
o It is well-settled that the constitutionality of a law or the case are not binding; thus, cannot have the force of judicia
executive order may not be collaterally attacked. precedents.

 Operative Fact Doctrine
o This is a doctrine which states that before an act is
declared unconstitutional, such is valid and must be
complied with if it is an obligation.
ARTICLE 8:: Judicial decisions applying or interpreting the laws or the
Constitution shall form a part of the legal system of the
Philippines
 Judicial decisions form part of the law of the land because
these establish the contemporaneous legislative intent of the
laws and these serve as evidence therefor.
 Opinions of Executive Officials are given greater weght
although not law
 Judicial Review on Administrative Decisions
o GR: should be undisturbed
o EXC: tainted by denial of due process, mistake of law,
fraud, collusion, arbitrariness, absence or grave abuse
of discretion a amounting to lack or excess of
jurisidiction
 Doctrine of Finality if Judgments are founded on public policy.
 The level of recognition to judicial decisions is not afforded to
administrative decisions.
 CIVL LAW REVIEW 1| ATTY. TERESITA CRUZ | LECTURE NOTES | BIANCA FENILA E. DADOR | DLSU LAW

 A custom is presumed not to exist when those who should know,

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ARTICLE 9: No Judge or Court shall decline to render judgment by do know of its existence.
reason of silence, obscurity or insufficiency of the law
 Judges are tasked with the dispensation of justice; thus, cannot  Two Types of Customs:
evade duty of rendering judgment in the absence, obscurity or o General- referred also as “custom of the place”. If in
insufficiency of the law. conflict with the local custom, shall yield to the later
o Propter Legem or Contra Legem- in accordance with
 If there is absence, obscurity or insufficiency of the law, judges law or contrary to law, respectively.
may base his or her judgments on:
1. Customs  Gen: Customs must be proved as facts
2. Foreign laws or judicial decisions  Exc:
3. Opinions of highly qualified writers or professors 1. Custom has already been used by the SC in a past decision
4. Statutory Construction Custom Law
5. Principles laid down in analogous cases Unwritten, spontaneous and Written and a product of
come from society conscious enactment
ARTICLE 10: In case of doubt in the interpretation or application of laws,
it is presumed that the lawmaking body intended the right and
justice to prevail.
 Applies if there is doubt, otherwise, literal interpretation should
apply. In interpreting the law, the following can be considered ARTICLE 13: When the law speak of years, months, days or nights, it shall
(1) Preamble of the law; (2) foreign laws from which the law are be understood that years are of 365 days each; months, of 30
based; (3) history of the framing of the law; and (4) laws with days; days, of twenty-four hours; and nights from sunset to
similar subject matter sunrise.

 Equity follows the law. It cannot be applied if application will If months are designated by their name, they shall be computed
result to injustice. by the number of days which they respectively have.

In computing period, the first day shall be excluded, and the last
ARTICLE 11 : Customs which are contrary to law, public order, or public day included.
policy, shall not be countenanced.
GENERAL RULE ON COMPUTATION OF PERIODS
ARTICLE 12 : A custom must be proved as fact, accrding to the rules of Year NCC has been repealed by RAC. In RAC, a “year”
evidence. means 12 calendar months.
Month GR: 30 days
 Requisites to Make Custom an Obligatory Rule: EXC: If specified by name, shall be the exact
1. Plurality or repetition of acts number which it really has
2. Uniformly done or executed by the community or society Week GR: 7 days, not necessarily Sunday to Saturday
3. Juridical Intention (Accepted by the community or society Calendar Week Sunday to Saturday
as obligatory) Day 24 Hours
4. Not contrary to law, public policy or public order
Night Sunset to Sunrise
5. Sufficient Lapse of Time
EXCEPTION: Computation of age because this should be counted
based on birth anniversary
 CIVL LAW REVIEW 1| ATTY. TERESITA CRUZ | LECTURE NOTES | BIANCA FENILA E. DADOR | DLSU LAW

judgments promulgated, or by determinations or conventions

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 Computation of Periods: “FIRST IS EXCLUDED, LAST IS INCLUDED” agreed upon in a foreign country.
 Rule if the Last Day is a Sunday or a Legal Holiday
1. Contracts- Debt due and demandable on Sunday or Legal RULES EMBODIED IN ARTICLE 14, ARTICLE 15, ARTICLE 16 and
Holiday, subject to exemptions such as those covered by ARTICLE 17
Negotiable Instruments Law
2. Order of Court, Rules of Court or Statute- Last day should be Penal Laws and Laws of Territoriality rule regardless of
considered the succeeding day Public Security nationality.

ARTICLE 14: Penal laws and those of public security and safety shall be Exc:
obligatory upon all who live or sojourn in Philippine territory, 1. International Law
subject to the principles of public international law and to treaty 2. Treaty stipulations.
stipulations.

Laws relating to Nationality rule.

ARTICLE 15:Laws relating to family rights and duties or to the status, o Family Rights and
condition and legal capacity of persons are binding upon Duties, or to Example: Capacity to enter
citizens of the Philippines, even though living abroad. o Status, into contract
ARTICLE 16: Real property as well as personal property is subject to the o Condition and
law of the country where it is situated. o Legal Capacity of
Persons
However, intestate and testamentary successions, both with
respect to the order of succession and to amount of Lex Rei Sitae
successional rights and to the intrinsic validity of testmanetary Laws on Property (Real and
provisions, shall be regulated by the national law of the person Personal) Exc:
whose succession is under consideration, whatever, may be the 1. Capacity to succeed
nature of the property and regardless of the country wherein sai 2. Amount of
property may be found. successional rights
3. Order of succession
4. Intrinsic validity of the
ARTICLE 17: The forms and solemnities of contracts, wills, and other provisions of the will
public instruments shall be governed by the laws of the country
in which they are executed. This includes Formalities for the
Acquisition, Encumbering, or
When the acts referred to are executed before the diplomatic Alienation of Property
or consular officials of the Republic of the Philippines in a foreign
country, the solemnities established by the Philippine laws shall
be observed. Laws on Forms and EXTRINSIC- Lex Loci
Solemnities Celebrationis
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 INTRINSIC-
 CIVL LAW REVIEW 1| ATTY. TERESITA CRUZ | LECTURE NOTES | BIANCA FENILA E. DADOR | DLSU LAW

1. Stipulation

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2. If same nationality, law
of nationality
3. If #2 not possible, law
of the passive subject
based on the
circumstances and
nature of obligation.

 Renvoi Doctrine
o Occurs when a citizen of another country dies as a
domiciliary of another country. Where the conflict rules
of the forum refer to a foreign law, and the latter refers it CHAPTER 2. HUMAN RELATIONS (ARTS. 19-35)
back to the internal law, the law of the forum shall apply.
o Transmission theory: if the law refers to a third country,
the said country’s law shall govern. ARTICLE 19: Every person must in the exercise of his rights an and in the
performance of his duties, act with justice, give everyone his
 Doctrine of Processual Presumption due, and observe honesty and good faith

 Rules on Prohibitive Laws  Importance:

o Gen: Effects of acts or omissions committed against a 1. Acting with justice
prohibitory law will not be considered valid by foreign 2. Giving everyone is due
court decisions or laws. 3. Observance of honesty and good faith
o Exc:
Art 26(2) of the Family Code  Abuse of rights is actionable because suum jus suuum injuria
Art. 26. Xxx Where a marriage between a Filipino citizen (the abuse of right is the greatest possible wrong)
and a foreigner is validly celebrated and a divorce is
thereafter validly obtained abroad by the alien spouse  Elements:
capacitating him or her to remarry, the Filipino spouse 1. Legal Right or duty
shall have capacity to remarry under Philippine law. (As 2. Exercised in bad faith
amended by Executive Order 227) 3. Sole intent of prejudicing or injuring another

ARTICLE 18: In matters which are governed by the Code of Commerce  Notes:
and special laws, their deficiency shall be supplied by the 1. Exercise of rights must be in accordance with the purpose of
provisions of this Code which it is was established and must not be excessive or
unduly harsh; there must be no intention to harm another

2. Bad faith- does not only connote bad judgment or

negligence; it imparts a dishonest purpose or some
conscious doing of wrong.
 CIVL LAW REVIEW 1| ATTY. TERESITA CRUZ | LECTURE NOTES | BIANCA FENILA E. DADOR | DLSU LAW
3. Doctrine of Volenti Non Fit Injuria (to which a person assents
is not esteemed in law as injury)
a. If voluntary exposed himself to injury, cannot recover
4. Damnum Absque Injuria (Damage without injury)
a. A person who exercises his legal right does no injury.
However, it cannot be said that a person exercises a
right when he unnecessarily prejudices another or
offends morals or good customs.
5. Acts contrary to law [ART 20]
a. There should be indemnification for acts done
contrary to law, be it willfully or negligently
6. Acts contrabonus mores (Against Good Morals) [ART 21]
a. There should be indemnification for acts done
contrary to good morals, customs or public policy,
be it willfully or negligently
7. Malicious prosecution
a. Any legal proceeding (civil, criminal or
administrative) has been instituted maliciously and
without probable cause, after the termination of
such prosecution, suit or other proceeding in favor
the defendant therein
ARTICLE 20: Every person who, contrary to law, willfully or negligently
cause damage to another, shall indemnify the latter for t
he same
ARTICLE 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 the damage.
ARTICLE 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 cause.
 Principle of Unjust Enrichment
o Nemo Cum Alterius Deter Detremente Protest
- No person should unjustly enrich himself at the expense
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of the other
o Nemo ex Alterious Incommade debet Lecupletari
- No man to be made rich out of another’s injury
 Accio in Rem Verso- action for recovery of what has been paid
without just cause.
o Elements:
1. One must be enriched to the expense of the other
2. Casual relation between the two must exist
3. Enrichment must be unjustifiable
4. There must be no other way to recover
5. Indemnity cannot exceed the loss or enrichment
o Application:
1. When a thing is acquired by or comes into possession
of another (delivery or acquisition of things); and
2. The acquisition be undue and at the expense of
another, (without just or legal ground)
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ARTICLE 23: Every when 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
ARTICLE 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.
Article 25. Thoughtless extravagance in expenses for pleasure or display
during a period of acute public want or emergency may be
stopped by order of the courts at the instance of any
government or private charitable institution.
Article 26. Every person shall respect the dignity, personality, privacy
and peace of mind of his 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;
 CIVL LAW REVIEW 1| ATTY. TERESITA CRUZ | LECTURE NOTES | BIANCA FENILA E. DADOR | DLSU LAW
(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.
Article 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.
Article 28. Unfair competition in agricultural, commercial or industrial
enterprises or in labor through the use of force, intimidation,
deceit, machination or any other unjust, oppressive or
highhanded method shall give rise to a right of action by the
person who thereby suffers damage.
Article 29. When the accused in 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.
Article 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.
Article 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
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and regardless of the result of the latter.
Article 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:
(1) Freedom of religion;
(2) Freedom of speech;
(3) Freedom to write for the press or to maintain a periodical
publication;
(4) Freedom from arbitrary or illegal detention;
(5) Freedom of suffrage;
(6) The right against deprivation of property without due process
of law;
(7) The right to a just compensation when private property is
taken for public use;
(8) The right to the equal protection of the laws;
(9) The right to be secure in one's person, house, papers, and
effects against unreasonable searches and seizures;
(10) The liberty of abode and of changing the same;
(11) The privacy of communication and correspondence;
(12) The right to become a member of associations or societies
for purposes not contrary to law;
(13) The right to take part in a peaceable assembly to petition
the Government for redress of grievances;
(14) The right to be a free from involuntary servitude in any form;
 CIVL LAW REVIEW 1| ATTY. TERESITA CRUZ | LECTURE NOTES | BIANCA FENILA E. DADOR | DLSU LAW
(15) The right of the accused against excessive bail;
(16) The right of the accused to be heard by himself and
counsel, to be informed of the nature and cause of the
accusation against him, to have a speedy and public
trial, to meet the witnesses face to face, and to have
compulsory process to secure the attendance of witness
in his behalf;
(17) Freedom from being compelled to be a witness against
one's self, or from being forced to confess guilt, or from
being induced by a promise of immunity or reward to
make such confession, except when the person
confessing becomes a State witness;
(18) Freedom from excessive fines, or cruel and unusual
punishment, unless the same is imposed or inflicted in
accordance with a statute which has not been judicially
declared unconstitutional; and
(19) Freedom of access to the courts.
In any of the cases referred to in this article, whether or not the
defendant's act or omission constitutes 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.
Article 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.
Article 34. When a member of a city or municipal police force refuses
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or fails to render aid or protection to any person in case of
danger to life or property, such peace officer shall be primarily
liable for damages, and the city or municipality shall be
subsidiarily responsible therefor. The civil action herein
recognized shall be independent of any criminal proceedings,
and a preponderance of evidence shall suffice to support such
action.
Article 35. When a person, claiming to be injured by a criminal offense,
charges another with the same, for which no independent civil
action is granted in this Code or any special law, but the justice
of the peace finds no reasonable grounds to believe that a
crime has been committed, or the prosecuting attorney refuses
or fails to institute criminal proceedings, the complaint 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.
promulgate and which shall not be in conflict with the provisions of this
Code.
California Clothing, Inc., et. al. vs. Quiñones, G.R.175822,
October 23, 2013
 Quinones bought an item from the company’s
store (Guess). The latter’s cashier accused the
former of not paying. The company, in turn, sent a
letter of demand to Quinones employer (Cebu
Pacific) causing humiliation.
 The SC said that the company sought to tarnish
Quinones’ reputation by doing such acts. This is in
clear violation of Article 19. This articles mandates
that a person should not use his right unjustly or
contrary to honesty and good faith, otherwise, he
 CIVL LAW REVIEW 1| ATTY. TERESITA CRUZ | LECTURE NOTES | BIANCA FENILA E. DADOR | DLSU LAW
opens himself to liability. Under the abuse of rights
principle found in Article 19 of the Civil Code, a
person must, in the exercise of legal right or duty,
act in good faith. He would be liable if he instead
acted in bad faith, with intent to prejudice another.
In this case
Ardiente vs. Spouses Pastorfide, et. al., G.R. 161921, July 17,
2013
 Sps Pastorfide executed a Moa with Ardiente to
buy the latter’s house. The spouses, however, are
distraught when the water supply is cut off by the
Water District because Ardiente failed to pay the
dues. Sps had no choice but to pay the
delinquencies and they also demandedan
explanation from the Water district why the water
connection is cut without prior notice. Because of
these acts, the sps filed for a complaint for
damages against Ardiente and the Water District.
 The SC ruled in favor of the Sps. According to SC,
A right, although it is legal for being recognized by
law as such, may nevertheless become the source
of illegality when it is exercised in a manner that
does not conform with the norms enshrined in
Article 19 and the same causes damage to
another. The person exercising an abuse of right is
thus liable for damages caused to another. In this
case, there is an abuse of right when (1) the water
supply is cut off without prior notice, and (2)
neglect to reconnect the said inspite of the
payment of sps for the delinquencies.
Nikko Hotel Manila Garden, et. al. vs. Reyes, G.R. 154259,
Feb.28, 2005
 Respondent Roberto Reyes gatecrashed a party
and is asked to leave. He is allegedly reprimanded
in a rude and humiliating way; thus, he sued for
damages pursuant to Articles 19-21 of the civil
code.
 The SC ruled that the antithesis of Article 19 is any
act evincing bad faith or intent to injure. Its
elements are the following: (1) There is a legal right
or duty; (2) which is exercised in bad faith; (3) for
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the sole intent of prejudicing or injuring another.
When Article 19 is violated, an action for damages
is proper under Articles 20 or 21 of the Civil Code.
Article 20 pertains to damages arising from a
violation of law which does not obtain herein as Ms.
Lim is perfectly within her right to ask Mr. Reyes to
leave.
 ." The object of Article 19 is to set certain standards
which must be observed not only in the exercise of
one’s rights but also in the performance of one’s
duties. These standards are the following: act with
justice, give everyone his due and observe honesty
and good faith.
Spouses Hing vs. Choachuy, et. al., G.R. 179736, June 26,
2013
 There is an alleged illegal construction of a fence.
The respondents ought to install CCTVs and have
pictures of the construction taken as evidence to
such illegal act. The petitioners then filed a civil
case for damages. According to them, these acts
can be considered as “prying into privacy”. In this
case, the SC ruled that the phrase “prying into the
privacy of another’s residence” in Article 26(1) of
the Civil Code, covers places, locations, or even
situations which an individual considers as
private. And as long as his right is recognized by
society, other individuals may not infringe on his
right to privacy.
 Article 26(1): Every person shall respect the dignity,
personality, privacyand peace of mind of xxx other
persons. The following xxx shall produce a cause of
action for damages, preservation and other relief:
(1) Prying into privacy xxx”
PREJUDICIAL QUESTION (ART. 36)
Art. 36. Pre-judicial 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
 CIVL LAW REVIEW 1| ATTY. TERESITA CRUZ | LECTURE NOTES | BIANCA FENILA E. DADOR | DLSU LAW
promulgate and which shall not be in conflict with the provisions
of this Code.
 A prejudicial question is one which must be decided first before
a criminal action may be instituted or may proceed because a
decision therein is vital to the judgment in the criminal case.
 The effect is the suspension and not the dismissal of the criminal
case
 Where to file Petition to Suspend:
o It may be filed in the office of the prosecutor conducting
the preliminary investigation. If action already
commenced, a petition to suspend must be submitted
at any time before the prosecution
 Requisites:
1. Civil case involves facts intimately related to those upon
which the criminal prosecution would be based.
2. In the resolution of the issue or issues raised in the civil actions,
the guilt or innocence of the accused would necessarily be
determined
3. Jurisdiction to try, said question must be lodged in another
tribunal
De Zuzuarregui vs. Hon. Villarosa, et. al, G.R. 183788, April 5,
2010
 A civil case is filed (for a compromise agreement
amongst the heir of the deceased) followed by a
criminal case (Falsification and Forgery for alleging
that the parties to the compromise agreement are
the only heirs of the decedent).
 The SC ruled that there is indeed a prejudicial
question because the determination of who the
real heirs are is necessary to conclude the guilt on
the commission of the crimes above-stated.
 There is no Prejudicial Question (Basis is Rule 111 of
the Revised Rules of Criminal Procedure) despite
the filing of a civil case prior the filing of a criminal
case if:
▪ The issue in the civil action will not
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determine the criminal responsibility
▪ The law provides that the civil and criminal
actions may be proceeded
independently of each other.
Pimentel vs. Pimentel, G.R. 172060, September 13, 2010
 An Action for Declaration of Nullity and criminal
case for Frustrated Parricide are filed by wife
against husband. The husband sought to suspend
the said criminal case on account of the filing of the
said civil action.
 The SC ruled that there is no prejudicial question
because the issue in the annulment of marriage is
not similar or intimately related to the issue in the
criminal case for parricide. Further, the relationship
between the offender and the victim is not
determinative of the guilt or innocence of the
accused. At the time of the commission of the
alleged crime, petitioner and respondent are
married. The subsequent dissolution of their
marriage, in case the petition in Civil Case No. 04-
7392 is granted, will have no effect on the alleged
crime that is committed at the time of the
subsistence of the marriage
 There is a prejudicial question when a civil action
and a criminal action are both pending, and there
exists in the civil action 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
of the guilt or innocence of the accused in the
criminal case.
Tomlin II vs. Atty. Moya II, A.C. No. 6971, February 23, 2006
 Atty. Moya issued checks as payment to his debt to
Tomlin. The checks bounced prompting Tomlin to file
for a criminal case in violation of BP 22 against Atty.
Moya. The latter filed for a Motion to Dismiss alleging
that Tomlin has already filed an administrative case
against him that constitutes a prejudicial question.
The administrative case sought for a disciplinary
 CIVL LAW REVIEW 1| ATTY. TERESITA CRUZ | LECTURE NOTES | BIANCA FENILA E. DADOR | DLSU LAW
action in conformity to the Code of Professional
Responsibility.
 The SC ruled that there is no prejudicial question
because the first case filed is not civil but
administrative. Also, a criminal prosecution will not
constitute a prejudicial question even if the same
facts and circumstances are attendant in the
administrative proceedings this is because the
criminal case instituted refer to the respondent’s act
of making or drawing and issuance of worthless
checks; while the present administrative case seeks
to discipline respondent as a lawyer for his dishonest
act of failing to pay his debt in violation of the Code
of Professional Responsibility.
BOOK I. PERSONS
TITLE I. CIVIL PERSONALITY
CHAPTER 1. GENERAL PROVISIONS (ARTS. 37-39)
Art. 37. Juridical capacity, which is the fitness to be the subject of
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legal relations, is inherent in every natural person and is lost only
through death. Capacity to act, which is the power to do acts with
legal effect, is acquired and may be lost. (n)
 Civil Personality
o
 Person
 Restrictions on Capacity
Art. 38. Minority, insanity or imbecility, the state of being a deaf-mute,
prodigality and civil interdiction are mere restrictions on capacity to
act, and do not exempt the incapacitated person from certain
obligations, as when the latter arise from his acts or from property
relations, such as easements. (32a)
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.
A married woman, twenty-one years of age or over, is qualified for all
acts of civil life, except in cases specified by law. (n)
CHAPTER 2. NATURAL PERSONS (ARTS. 40-43)
Art. 40. Birth determines personality; but the conceived child shall be
considered born for all purposes that are favorable to it, provided it be
born later with the conditions specified in the following article. (29a)
Art. 41. For civil purposes, the fetus is considered born if it is alive at the
time it is completely delivered from the mother's womb. However, if the
fetus had an intra-uterine life of less than seven months, it is not deemed
born if it dies within twenty-four hours after its complete delivery from
the maternal womb. (30a)
Art. 42. Civil personality is extinguished by death.
 CIVL LAW REVIEW 1| ATTY. TERESITA CRUZ | LECTURE NOTES | BIANCA FENILA E. DADOR | DLSU LAW
The effect of death upon the rights and obligations of the deceased is
determined by law, by contract and by will. (32a)
 The SC considered this untenable because: (1) the civil
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. (33)
Geluz vs. CA, 2 SCRA 801
 The husband of the defendant filed for a civil case for
damages because of the damage inflicted against him by
the latter’s decision to abort his child without his
knowledge. The SC only granted moral and exemplary
damages alleging inter alia that the parents of an unborn
fetus may collect moral and exemplary damages only. This
is because the parents cannot expect either help, support
or services from an unborn child. The damages that can be
obtained would normally be limited to moral damages for
the illegal arrest of the normal development of the spes
hominis or fetus (i.e. on account of distress and anguish
attendant to its loss, and the disappointment of their
parenta lexpectations)
 Art 2206 is an action for pecuniary damages on account
of personal injury or death that pertains primarily to the one
injured. Such person who is injured cannot be an unborn
fetus because an unborn fetus is not endowed with
personality. it is thus easy to see that no action for such
damages could be instituted on behalf of the unborn child
on account of the injuries it received, no such right of
action could derivatively accrue to its parents or heirs.
Continental Steel Manufacturing Corp. vs. Hon. Accredited
Voluntary Arbitrator, G.R.182836, October 13, 2009
 Petitioner in this case is being denied of the bereavement
leave because his child died still-born. According to the
company, such leave benefit cannot be granted because
the 2 requisites must be present: (1) that the deceased is a
dependent and (2) that the deceased is legitimate. The
company’s argument hinges on the fact that the baby
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acquired no civil personality because he is not born alive.
personality of the child is not the issue in this case since the
rights to bereavement leave pertain only to the deceased’
parents; (2) Art 40, 41 and 42 which must be read in relation
to article 37 of the Civil Code, provide that civil personality
may be extinguished by death, these do not explicitly state
that only those who have acquired judicial personality
could die; (3) Life should not also be considered
synonymous with civil personality because one need not to
acquire civil personality first before he/she could die and a
child inside the womb already has life [No less than the
Constitution recognizes the life of the unborn from
conception, that the State must protect equally with the
life of the mother. If the unborn already has life, then the
cessation thereof even prior to the child being delivered,
qualifies as death]; (4) the unborn child in this case is
already considered as dependent because he could not
have reached 38-39 weeks of its gestational life without
depending upon its mother for sustenance.
 Article 40 provides that a conceived child
acquires personality only when it is born. Article 42
plainly states that civil personality is extinguished
by death. Art. 37 meanwhile provides that juridical
capacity, which is the fitness to be the subject of
legal relations, is inherent in every natural person
and is lost only through death.
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