JOHN CARL MANDING – University of the East

PERSONS FAMILY AND RELATIONS

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PERSONS FAMILY AND RELATIONS

Book: Paras & Sta. Maria

CHAPTER 1
EFFECT AND APPLICATION OF LAWS

Article 1. This act shall be known as “Civil Code of the Philippines”.

➢ Effectivity Date: August 30, 1950

➢ RA No. 386 “An act to ordain and institute the Civil Code of the Philippines
➢ Sources of the Civil Code
(a) The Civil Code of Spain
(b) The Philippine Constitution of 1935
(c) Statutes or Laws (Philippine, American, European)
(d) Rules of Court (local and 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 15 days after the completion of their publication
either in the official gazette or in a newspaper of general circulation, unless it is
otherwise provided.

➢ EFFECTIVITY OF LAW
• When a statute does not explicitly provided for its effectivity, it shall only have effect
after the expiration of the 15-day period following the completion of their publication.
• The publication and the 15-day period requirements are intended to enable the people
to become familiar with the statute.
• They are necessary requisites; Publication must be in full or it is not publication at all
since its purpose is to inform the public of its contents (Tanada v Tuvera).

➢ COVERED IN THE RULE

• PD, Eos promulgated by the President in exercise of legislative power
• Administrative rules and regulations must also be published if their purpose is to
enforce or implement existing law pursuant also to valid delegation.

➢ WHEN NO PUBLICATION IS NEEDED

• Publication is not necessary so long as it is NOT PUNITIVE in character

➢ THE CLAUSE, “UNLESS IT IS OTHERWISE PROVIDED”

• Solely refers to the 15-day period and not to the requirement of the publication.
• Publication is indispensable requisite to the absence of which will not render the law
effective (Tanada v Tuvera).
• If the law provides for shorter or longer than the 15-day period, then such shorter or
longer period will prevail.
• If the law provides that it shall take effect immediately, it will take effect immediately.
➢ LAWS
• Refers to all statutes including those local and private laws, unless there are special
laws providing a different effectivity mechanism for particular statutes.

Article 3. Ignorance to law excuses no one in compliance therewith.

➢ REASON
• Ignorantia legis non excusat
• Founded not only on expediency and policy but on necessity that every person knows
the law is conclusive presumption.
• When the law is passed, the public is always put on a constructive notice of the law’s
existence and effectivity.
• Applies only to mandatory and prohibitory laws; not to permissive or suppletory laws
o Mandatory – obligatory laws (e.g. prescriptive periods
o Prohibitory – laws that specifically prohibit certain acts; those which have
liabilities and penalties
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PERSONS FAMILY AND RELATIONS
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• Ignorance of a foreign law is not ignorance of the law, but ignorance of the fact
o There is no judicial notice of foreign laws
o Doctrine of Processual Presumption: If a foreign law is not properly alleged and
proved, the presumption is that it is the same as our law
o Ignorance of Law – no o Ignorance of fact – eliminates
excuse criminal intent as long as there is no
negligence
• Ignorance of law as basis of Good Faith
o NCC Art. 526 – Mistake on a doubtful or difficult question of law maybe the
basis of good faith.

Article 4. Laws shall have no retroactive effect, unless the contrary is provided.

➢ GENERAL RULE
• Laws are prospective; if the law will be retroactive, grave injustice would occur because
these law would punish individuals for violations of laws not yet enacted.

➢ NON-RETROACTIVITY OF LAWS
• Laws shall be given only prospective application unless the law expressly declares or
necessarily implies the contrary
• In case of doubt, resolve against retroactivity
• Legislature has the power to pass retroactive laws, so long as these do not impair
obligations of contracts, or affect injuriously vested rights
➢ INSTANCES WITH RETROACTIVE APPLICATION
1. When the law expressly provides for its retroactivity.
o Art. 256 of the Family Code of the Philippines states that the law shall have
retroactive effect, so long as it does not prejudice or impair vested or acquired
rights in accordance with the Civil Code & other laws
o If the laws themselves provide for retroactivity; but not an ex post facto law
▪ Generally, the Constitution does not prohibit retroactive laws
▪ Prohibition against ex post facto laws applies only to criminal
matters and not to civil matters. Example: Imposition of Taxes
2. When the law is curative or remedial.
o Curative – laws that cure defects or add means of enforcing existing obligations;
laws can add what legislature previously dispensed with previously, or actions
which the law previously made immaterial; more readily applied to legalizing
laws
o Remedial – There are no vested rights in rules of procedure
3. When the law is procedural
o When a law deals with procedure only, prima facie3, it applies to all actions—
those which have been accrued, are pending, or future actions. Example: a law
prescribing the form of pleadings will apply to all pleadings filed after its
enactment, although the action had already begun before that time
o SC jurisprudence does not apply retroactively
o It is within SC’s power to excuse failure to follow any of the Rules of Court in
order to prevent injustice
4. When the law is penal in character & is favorable to the accused
o Art. 22 of RPC – Penal laws shall have retroactive effect when:
▪ i. They favor the guilty
▪ ii. The guilty person is not a habitual criminal
▪ iii. The final sentence has been pronounced
▪ iv. The convict is serving his sentence
Article 5. Acts executed against the provisions of mandatory and prohibitory law shall
be void, except when the law itself authorizes their validity.

➢ MANDATORY PROVISION
o Is one the omission of which renders the proceeding or acts to which it relates
generally illegal or void. Thus, prescriptive periods provided by the law for filing
particular suits are mandatory in character.
o Example: A husband, in order to impugn the legitimacy of a child, must file a case
within 1 year from the knowledge of the birth of the child or its recording in the
civil registrar, if he should live in the same municipality where the birth took place.
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oKinds of Mandatory Legislation:

1. Positive - When something must be done
2. Negative or Prohibitory- when something should not be done
➢ PROHIBITORY LAWS
o Are those which contain positive prohibitions and are couched in the negative
terms importing that the act required shall not be done otherwise than
designated.
o Acts committed in violation of prohibitory laws are likewise void.
o Ex. “No decree of legal separation shall be based upon a stipulation of facts or a
confession of judgment.”
➢ HOWEVER, if the law expressly provides for the validity of acts committed in violation of a
mandatory or prohibitory provision of a statute, such act shall be considered valid and
enforceable.

Article 6. Rights may be waived, except when the waiver is contrary to law, public
policy, public order, moral or good customs, or prejudicial to third person with a right
recognize by law.

➢ GENERAL RULE
• Rights maybe waived

➢ RIGHT
• Power or privilege given to one person and as a rule demandable to another.
• Involves an: (1) active subject; (2) passive subject
• May be: (1) real rights – enforceable against the whole world; (2) personal rights –
enforceable against a particular individual

➢ WAIVER
• Is the intentional relinquishment of a known right
• Not presumed but must be clearly and convincing shown either by express stipulation or
acts admitting no other reasonable explanation.

➢ REQUISITES FOR A VALID WAIVER

1. The person waiving must be capacitated to make a waiver
2. The waiver must be made clearly, but not necessarily express
3. The person waiving must actually have the right which he is renouncing
4. In some instances, the waiver must comply with formalities
5. The waiver must not be contrary to law, morals, public order, public policy or good
customs
6. It must not prejudice others with a right recognized by law

➢ EXAMPLES OF RIGHTS WHICH CANNOT BE RENOUNCED:

1. Natural rights: right to life
2. Alleged rights which really do not yet exist: future inheritance
3. Those the renunciation of which would infringe upon public policy
o Right to be heard in court cannot be renounced in advance
o Waiver of 10 year period for suing on a written contract
4. When waiver is prejudicial to a person with a right recognized by law

➢ EXAMPLE OF RIGHTS WHICH MAY BE RENOUNCED

1. Support in arrears
2. Right of accused to be helped by counsel may also be waived, provided the accused is
informed of his right
3. Right to preliminary investigation
4. Individual who accepts the office of an executor or administration may waive
compensation therefor

Article 7. Laws are only repealed by subsequent one, their violation and non-observance shall
not be excused by disuse, or custom, or practice to the contrary.
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PERSONS FAMILY AND RELATIONS
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When the court declared that 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 when they are not
contrary to law or the Constitution.

➢ REPEAL
• Legislative act of abrogating through a subsequent law the effects of a previous statute
or portions thereof
• Repeals are either express or implied:
1. Implied Repeal – takes place when a new law contains provisions contrary to
or inconsistent with those of a former without expressly repealing them.
2. Express Repeal – is literally declared by a new law, either in specific terms,
as where particular laws and provisions are names, or generally when it says,
“all laws inconsistent with this will be repealed”

➢ UNCONSTITUTIONAL STATUTES
• No ordinary statute can override a constitutional provision
• In deciding the constitutionality of a statute, every presumption favors its validity;
whenever possible, statutes should be given a meaning that is not in conflict with the
Constitution
• Constitutionality of a law is not affected by acts or omissions of law enforcement agencies
& can depend upon factors other than those existing at the time of its enactment
• General Rule: Confers no right, creates no office, affords no protection, justifies no acts
performed under it
• EXCPN: May be relaxed or qualified because of actual existence of law prior to such
declaration in an operative fact and may have consequences which cannot justly be
ignored

➢ PARTIAL UNCONSTITUTIONALITY OF STATUTES

• Statutes can be partially repealed
• BUT when the parts of a statute are so mutually dependent & connected to warrant the
belief that the legislative body intended for the statute to be read as one whole, all parts
that are conditional to unconstitutional provisions of a statute are also unconstitutional

➢ RULES & REGULATIONS/ADMINISTRATIVE & EXECUTIVE ACTS

• IRRs have the nature of a law
• Binding upon courts if the IRRs are within the scope granted by the statutes passed by
the legislature
• Must be in harmony with provisions of its law & must exist for the sole purpose of
carrying into effect its general provisions
• IRRs & executive acts violative of the law & the Constitution are invalid

Article 8. Judicial decisions applying in interpreting the law or Constitution shall form
part of the legal system in the Philippines.

➢ JUDICIAL CONSTRUCTION & INTERPRETATION

• Courts have the principal function of not only resolving legal controversies, but also
interpreting vague provisions o law relative to a particular dispute
• Construction – the art or process of discovering or expounding the meaning & intention
of the authors of the law with respect to its application to a given case, where the
intention is rendered doubtful, among others, because the given case is not explicitly
provided for in the law
➢ Still, they are not laws
➢ Jus dicere, non jus dare: The courts exist in order to state what the law is, not for giving it
➢ The interpretation based upon the written law by a competent court has the force of law

➢ ONLY THE DECISIONS OF THE SC ESTABLISH JURISPRUDENCE OR DOCTRINES IN

THE PHILIPPINES
• Because it is the court of last resort
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• Decisions of subordinate courts are only persuasive in nature - An opinion is the informal
expressions of the views of the court, it cannot prevail against a final order or decision

➢ HOW JUDICIAL DECISIONS MAY BE ABROGATED

1. By a contrary ruling by the SC
2. By corrective legislative acts of Congress –
o But Congress cannot alter an interpretation of SC of a Constitutional provision
o However, Congress is allowed to define the terms used in the statute (said
definitions are considered as part of the law itself)

➢ WHEN JUDICIAL DECISIONS DEEMED PART OF THE LAW

• The application & interpretation of the SC is part of the law as of the date of the law’s
enactment
• BUT: When a doctrine of the SC is overruled & a different view is adopted, the new
doctrine will be applied prospectively, & will not be applied to parties who relied on the
old doctrine & acted on the faith thereof.

Article 9. No Court or judge shall decline to render judgment by reason of silence,

obscurity and insufficiency of the laws.

➢ DUTY OF JUDGES
• Judges cannot evade performance of their responsibility because of the apparent non-
existence of a law in a particular dispute
• Where the conclusions of a judge in a decision are not without logic or reason, he cannot
be said to have been incompetent

➢ JUDICIAL LEGISLATION
• The judiciary is tasked with resolving legal controversies & interpreting statutes; it cannot
legislate
• But even a legislator, through Art. 9, recognizes that in some instances, courts “do &
must legislate” to fill in the gaps of the law\

➢ DUTY OF A JUDGE IF THE LAW IS SILENT

• The judge must give a decision, whether he knows what law to apply or not

➢ IF THE LAW BE SILENT, OBSCURE OR INSUFFICIENT, WHAT SHOULD THE JUDGE

APPLY IN DECIDING A CASE?
• Judge may apply any rule as long as the rule chosen in harmony with general interest,
order, morals and public policy
• Rules may be the ff:
1. Customs which are not contrary to law, public order, and public policy
2. Decision 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
• 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 reason is the same
6. General principles of natural moral law, human law and equity
7. Respect from human dignity and personality

Article 10. In case of doubt in the interpretation or application of laws, it is presumed

that the law making body intended right and justice to prevail.

➢ Where the law is clear, it must be applied according to its unambiguous provisions
➢ Construction & interpretation come only after it has been demonstrated that application is
impossible or inadequate without them
o But in the interpretation, there must be fidelity to the legislative purpose
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Article 11. Customs which are contrary to law, public order or public policy shall be
countenanced.

Article 12. A custom must be proved as a fact, according to the rule of evidence.

➢ Customs
• A rule of conduct formed by repetition of acts, uniformly observed (practiced) as a social
rule, legally binding & obligatory.
• Courts take no judicial notice of custom; Instead, custom must be proven as fact with
competent evidence.
• There is a difference between social custom & juridical custom
o Juridical custom – can supplement statutory law or can be applied in the
absence of a statute
o Social custom – cannot be applied in the absence of a statute
• Proven customs still cannot prevail if they are contrary to law, public policy or public
order (including rules enunciated by SC

➢ There is a presumption that a person acts according to the customs of the place

➢ A custom is presumed not to exist when those who should know, do not know of its
existence

➢ KINDS OF CUSTOMS:
1. General Custom is that of a country; a “custom of the place” is one where an
act transpires
o If in conflict with local customs, the latter prevails
2. A custom may be in accordance with law (propter legem) or against the law
(contra legem)
o Customs extra legem are those which may constitute sources of
supplementary law, in default of specific legislation on the matter

Article 13. [Superseded by Sec.31 of EO 292] Legal Periods – “Year” shall be understood to
be twelve calendar months; “Months” of thirty days, unless it refers to a specific month in
which case it shall be computed according to the number of days the specific month contains;
“Day” of twenty-four hours; and “Night” from sunset to sunrise.

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 treaty stipulations.

➢ OBLIGATORY FORCE OF PENAL LAWS

• Both citizens & foreigners are bound by penal laws & other laws designed to maintain
public security & safety
• The law attaches even if the foreigner is just sojourning in Philippine territory

➢ EXCEPTIONS TO THE RULE

1. When the foreigner is a diplomatic agent, his person shall be inviolable & he shall not
be liable to any form of arrest or detention (Vienna Convention on Diplomatic Relations)
o Diplomatic agent – head of the mission or a member of the diplomatic
staff of the mission
2. Heads of State officially visiting the Philippines
3. Principles of Public International Law
o Immunities granted to diplomatic officials and visiting head of states,
provided they do not travel incognito
4. 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.
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➢ STATUS
• Includes personal qualities and relations, more or less permanent in nature, and not
ordinarily terminable at his own will

➢ NATIONALITY RULE
• Regardless of where a Philippine citizen may be, he will be governed by Philippine laws
with respect to –
1. Family rights & duties
2. Status
3. Condition
4. Legal capacity of persons

➢ Example: If a Filipino initiates a petition abroad to obtain an absolute divorce from his
wife(whether Filipino or foreigner) & successfully gets a divorce, the Philippines will not
recognize the divorce, since under Philippine law, the only absolute divorce recognized is that
procured by the alien spouse of a Philippine citizen.
o In the eyes of Philippine law, the Filipino that gets the divorce abroad is still married. If
he remarries, he is still criminally liable for concubinage (or adultery, if a woman)

➢ APPLICABILITY
• A rule of private international law which stresses the principle of nationality
• Does Art. 15 Filipinos merely?
a) Yes, insofar as the PH laws are concerned
b) No, in the sense that nationals of other countries are lso considered by us as being
governed in matters of status, etc., by their own national law

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 succession, both with respect to the order of
succession and to the amount of successional rights & 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 &
regardless of the country wherein said property may be found.

➢ LEX REI SITAE

• Only corporate income derived from Ph sources may be taxed in our country

➢ LAW GOVERNING REAL PROPERTIES

• General rule: The law of the country where the real property is situated governs the law
over such real property
• Exception: Intestate & testamentary succession, in which shall be regulated by the
national law of the deceased regardless of the nature of the property; in particular, this
rule applies to –
1. The order of succession
2. The amount of successional rights
3. The intrinsic validity of the provisions of the will
4. Capacity to succeed (Art. 1039, CC)

➢ GR: Property, whether real or personal, is governed by the law of the place where the property
is situated

➢ RENVOI
• Referring back
• The problem arises when there is doubt as to whether a reference in our laws to a foreign
law (such as national law of the deceased):
a) Is a reference to the internal law of said foreign law; or
b) Is a reference to the whole of the foreign law, including its conflicts rule

CASE: Miciano v. Brimo

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Facts: A Turkish citizen wrote out a last will providing that his property should be disposed of
pursuant to Philippine laws.

Held: The provision is illegal & void. Pursuant to Art. 16, the national law of the deceased
should govern – hence, Turkish laws should apply.

CASE: Bellis v. Bellis

Facts: A foreigner executed two wills – one in Texas, & another in the Philippines, with the latter
disposing his Philippine properties. At the time of his death, he was both a national of the U.S. &
domiciled in the U.S. It was argued that the foreigner intended that Philippine law would govern
the disposition of his properties in the Philippines, particularly with respect to legitimes.

Held: Philippine law cannot govern the disposition of the Philippine properties of the
deceased, particularly with respect to legitimes. The law in the country of the deceased’s
nationality must govern in this regard

Article 17. The forms & solemnities of contracts, wills, & 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, & those which have for
their object public order, public policy, & good customs shall not be rendered
ineffective by laws or judgments promulgated, or by determinations or conventions
agreed upon in a foreign country.

➢ EXTRINSIC VALIDITY
• Forms & solemnities of public instruments, wills, & contracts are governed by the laws of
the country where they are executed. Example: If in Japan, for a holographic will to be
valid, the date need not be in the handwriting of the testator, that will is valid in the
Philippines even if under Philippine law, all contents of a holographic will, including the
date, must be in the testator’s handwriting

➢ ACTS BEFORE DIPLOMATIC & CONSULAR OFFICIALS

• Any act or contract made in a foreign country before Philippine diplomatic & consular
officials must conform to the solemnities under Philippine law
o Under international law, the host country waives its jurisdiction over the remises
of the diplomatic office of another country located in the said host country
• THUS: The issuance of the marriage license, the duties of the local civil register, & the
duties of the solemnizing officer as regards celebrating marriage shall be performed by a
consul-general, consul, or vice-consul abroad

➢ LEX LOCI CELEBRATIONIS

• Insofar as extrinsic validity is concerned

➢ FORMALITIES FOR ACQUISITION, ENCUMBERING OR ALIENATION OF PROPERTY

• Governed by lex rei sitae

➢ RULE OF EXTRATERRITORIALITY
• If an act is executed before Ph diplomatic and consular officials
o Solemnities of the Ph laws shall be observed

➢ PROHIBITIVE LAWS
• A foreign law, contract or judgment cannot be given effect in Ph if it contrary to public policy
• Example: Considering that the only ways to terminate a marriage in the Philippines are
through the grounds exclusively enumerated in the Family Code, any Filipino who
procures an absolute divorce abroad remains, in Philippine law, married
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CASE: Tenchavez v. Escaño

Facts: A Filipina wife obtained a divorce abroad & later remarried an American. The Filipino
husband then filed a legal separation case against the Filipina wife for technically committing
adultery against him.

Held: The Filipino husband’s case prospered, given that absolute divorce is not recognized in the
Philippines

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 NCC AND OTHER LAWS

• In case of conflict with Code or Commerce or special laws
o NCC shall only be suppletory, except if otherwise provided for by the NCC –
• Generally, special law prevails over NCC

➢ WHEN NCC IS SUPERIOR

• Common carriers
• Insolvency

CASE: Insular v. Sun Life

The rules on contracts under the Civil Code apply when there is no applicable provision in the
Insurance Act.
Facts: The Insurance Act is silent on when a contract of life annuity is perfected. The Civil Code’s
provisions on the perfection of contracts, however, that offer & acceptance must concur in a
perfected contract. The Civil Code further states that there is only an acceptance from the date
such acceptance comes to the knowledge of the offerer.

Held: SC applied the provisions on the perfection of contracts in the Civil Code to supplement the
deficiencies in the Insurance Act, & thus held that there was no perfection of the insurance
contract because there was a failure to show that the acceptance of the offer came to the
knowledge of the offerer.

CASE: Ang v. American Steamship Agencies, Inc.

Facts: Under the Carriage of Goods by Sea Act (COGSA), the word “loss” was not
explained.

Held: SC interpreted the word “loss” as understood under the Civil Code, relying on Art.
18
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CHAPTER 2
HUMAN RELATIONS

Article 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.

➢ The chapter was formulated to present some basic principles to be observed for the rightful
relationship between human beings and stability of the social order

➢ The article stresses:

1. Acting with justice
2. Giving to everyone his due
3. Observance of honesty and good faith

Article 20. Every person who, contrary to law, willfully or negligently cause damage to
another, shall indemnify the latter for the same.

➢ Willful or Negligent Acts

• The article punishes illegal acts whether done willfully or negligently

➢ Good faith is presumed, & he who alleged bad faith must prove the same.
o Good faith – the intention to abstain from taking an unconscionable &
unscrupulous advantage of another
o Bad faith – involves malice; a breach of known duty due to some motives or
interest or ill-will that partakes the nature of fraud

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.

➢ WILLFUL ACTS CONTRARY TO MORALS

• The article intends to expand the concept of torts by granting adequate legal remedy for
the untold number of moral wrong which is impossible for human foresight to specifically
provide in the statutes
• Only applies in the absence of contractual stipulations
• In a corporation, the BLs govern the relation of members, not Art. 21

➢ BREACH OF PROMISE TO MARRY

• There may be recovery of Actual damages
• There is NO recovery of Moral damage
• Elements:
(1) There is act which is legal
(2) But which is contrary to morals, good custom, public order, or public policy
(3) It is done with intent to injure

➢ Article 21 must necessarily be construed as granting the right to recover damages only to
injured persons who are not themselves at fault
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