PRELIMINARY TITLE Chapter 1 Effect and Application of laws ART. 1 Republic Act No.

386 This Act shall be known as the Civil Code of the Philippines. Define Civil Code. A Civil Code may be defined as a collection of laws, which regulates the private relations of the members of civil society, determining their respective rights and obligations, with reference to persons, things and, civil acts. (1 Tolentino, Civil Code, p.10.) ART. 2 Effectivity of Laws Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is other wise provided. This Code (Civil Code) shall take effect one year after such publication. The Supreme Court decided in several cases, the date of effectivity of the Civil Code of the Philippines is August 30, 1950, which is one year after its publication in the Official Gazette as required. Publication is MANDATORY even if the law provides its own date of effectivity. Internal regulations of admin agencies binding only the agency need not be published.

Scope of the Maxim Refers not only to the literal words of the law itself, but also to the meaning or interpretation given to said law by our courts of justice. (Adong v. Cheong Seng Gee, 43 Phil. 43).

ART. 4 General rule: laws shall have no retroactive effect Exception: laws are given retroactive effect: 1. If the law themselves provide for retroactivity, but in no case must ex post facto law be passed. 2. If the laws are remedial in nature 3. If the statute is penal in nature, provided: a. It is favorable to the accused or to the convict; b. That the accused or convict is not a habitual delinquent 4. If the laws are of an emergency nature and are authorized by the police power of the government. 5. If the law is curative. 6. If a substantive right be declared for the first time, unless vested rights are impaired. ART. 5 General rule: acts executed against the provisions of mandatory or prohibitory laws shall be void. Exception: When the law itself authorizes its validity. 1. When the law makes the act not void but merely voidable at the instance of the victim. 2. When the law makes the act valid, but subjects the wrong doer to criminal responsibility. 3. When the law makes the act itself void, but recognizes some legal effects flowing therefrom. 4. When the law itself makes certain acts valid although generally they would have been void. Mandatory or prohibitory laws are which one has to obey otherwise his acts would generally be void as distinguished from directory laws the violation of which does not result in invalid acts.

ART. 3 Application of the Maxim Ignorance of the Law Applies to all kinds of domestic laws, whether civil or penal (Luna v. Linatoc, 74 Phil. 15) Refers only to mandatory or prohibitive laws, not permissive or suppletory. (See 1 Manresa 56). Ignorance of foreign law is not ignorance of the law but ignorance of the fact.

ART. 6 General rule: Rights may be waived. Exception: 1. When the waiver is contrary to law, public order, public policy, morals, or good customs, or

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Prejudicial to a third person with a right recognized by law.

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The right of the accused in a criminal case to have a preliminary investigation.

Requisites for a valid waiver. 1. The person waiving must be capacitated to make the 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 certain instances the waiver as in the express remission of a debt owed in favor of the waiver, must comply with the formalities of a donation. 5. The waiver must not be contrary to law, morals, public policy, public order or good customs. 6. The waiver must not prejudice others with a right recognized by law. Right- the power or privilege given to one person and as a rule demandable of another. Waiver- the intentional or voluntary relinquishment of a known right or such conduct as warrant an inference of the relinquishment of such right. (Blacks Law Dictionary, pp. 1827-1828). Examples of rights that cannot be renounced: 1. Natural rights, such as the right to life. 2. Alleged rights which really do not yet exist. 3. Those the renunciation of which would infringe upon public policy. 4. When the waiver is prejudicial to a third person with a right recognized by law. Examples of rights that may be renounced. 1. Support in arrears 2. The right granted to prepare at least two days before trial is waivable, expressly or impliedly. 3. The right to object to testimony of a wife on information obtained because of her domestic relations with her husband. 4. The right of the accused to be helped by counsel provided, the judge informs said accused of his right.

ART. 7 Laws are repealed: 1. Expressly or 2. Impliedly Rule for general and special laws. In case of conflict between a general and a special law, which should prevail? a. b. If the general law was enacted prior to the special law, the latter is considered the exception to the general law. The general law is not repealed. If the general law was enacted after the special law, the special law remains unless: 1. There is an express declaration to the contrary. 2. Or there is a clear, necessary and irreconcilable conflict. 3. Or unless the subsequent general law covers the whole subject and is clearly intended to replace the special law on the matter.

Effect if the repealing law is itself repealed. 1. When a law which expressly repeals a prior law is itself repealed, the law first repealed shall not be thereby revived, unless expressly so provided. 2. When a law which repeals a prior law, not expressly but by implication, is itself repealed, the repeal of the repealing law review the prior law, unless the language of the repealing statute provides otherwise. Supremacy of the Constitution. When there are inconsistencies between the Constitution, statues and administrative acts, the Constitution prevails. ART. 8 Judicial decisions are part however, these are not laws. Doctrine of Stare Decisis Doctrine requires courts to follow the rule established in earlier decisions of the Supreme Court The doctrine, however, is not inflexible, so that when in the light of changing conditions, a rule has ceased. ART. 9 No judge or court shall decline to render judgment by reason of silence, obscurity, or insufficiency of the laws. of the legal system

Duty of a judge if the law is silent. A judge must give a decision, whether he knows what law to apply or not. Thus, even if a judge does not know the rules of cockfighting, he must still decide the case. (Chua Jan v. Bernas, 34 Phil. 631). ART. 10 In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail. ART. 11 Customs which are contrary to law, public order or public policy shall not be countenanced. Custom defined. A custom is a rule of human action (conduct) established by repeated acts, and uniformly observed or practiced as a rule of society, thru the implicit approval of the lawmakers, and which is therefore generally obligatory and legally binding. Requisites before the Courts can consider customs. 1. A custom must be proved as a fact otherwise it cannot be considered as a source of right. (Patriarcha v. Orfate, 7 Phil. 370). 2. The custom must not be contrary to law, public order, or public policy. 3. There must be a number of repeated acts. 4. The repeated acts must have been uniformly performed. 5. There must be a juridical intention to make a rule of social conduct. 6. There must be a sufficient lapse of time. ART. 12 A custom must be proved as a fact, according to the rules of evidence. There is presumption that a person acts according to the custom of the place. A custom is presumed not to exist when those who should know, do not know of its existence.

Computation of periods 1. When the law speaks of: a. Years= 365 days each b. Months= 30 days c. Days= 24 hours d. Nights= from sunset to sunrise 2. If months are designated by their name, they shall be computed by the number of days which they respectively have. 3. In computing a period, the first day shall be excluded and the last day included. ART. 14 General rule: Penal laws and those of public security and safety shall be obligatory upon ALL who live or sojourn in Philippine territory. Theory of territoriality. The Philippines adhere to this doctrine in criminal law. Any offense committed within our territory offends the state. Therefore, any person whether citizen or alien, can be punished for committing a crime here. Exceptions: 1. The principle of public international law. Example, the immunities granted to diplomatic officials and visiting heads of states. 2. The presence of treaty stipulations. Example the Philippine-United states Military Bases Agreement which contains some provisions exempting certain members of the armed forces of the U.S. from the jurisdiction of our courts. ART. 15 Lex Nationalis Basis: Citizenship ART. 16 Lex Rae Setai Basis: The law of the place where the property is situated. Covers: Real and personal property ART. 17 Lex Loci Celebrationis Basis: Law of the place where the contract is executed. Covers: only forms and solemnities (extrinsic validity) Exceptions: 1. Art. 26, Par. 1 of the Family code (marriage involving Filipinos solemnized abroad

Covers: Family rights and duties, status, condition and legal capacity. Exception: Art. 26 par. 2 of the Family Code

ART. 13

Exceptions: 1. Capac ity to succeed 2. Intrin sic validity of the will 3. Amou nt of the succession

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al rights Order of succession

when such are void in the Philippines. 2. Intrin sic validity of contracts

Every person who, contrary to law, willfully or negligently causes damage to another shall indemnify the latter for the same. ART. 21 Acts contra bonus mores Presupposes loss or injury, material or otherwise which may differ as a result of a violation. Elements: 1. There is an act which is legal; 2. But which is contrary to morals, good customs, public order or public policy; and 3. It is done with intent to gain. Art. 21 distinguished from Art. 20 1. Art. 21- The act is contrary to morals, good customs, or public policy. Art. 20- The act is contrary to law. 2. Art. 21- The act is done willfully. (Willful may mean not merely voluntary but with bad purpose.) Art. 20- The act is done either willfully or negligently. ART. 22 Accion in rem verso Action of recovery of what has been paid without just cause. Requisites: 1. One party must be enriched and the other made poorer. 2. There must be a casual relation between the two. 3. The enrichment must not be justifiable. 4. There must be no other way to recover. (Plaintiff has no other action based on contract, quasi-contract, delict or quasidelict.) 5. The indemnity cannot exceed the loss or enrichment. Distinguished from solution indebiti In accion in rem verso, there was no mistake; while in solution indebiti its is essential that there be a mistake. ART. 23 Even an act or event causing damage to anothers property was not due to the fault or negligence of he defendant, the latter shall be liable for indemnity if through the act or event he was benefited. ART. 24 In all contractual, property or other relations, when one of the parties is at a disadvantage on account of

The Renvoi problem Literally means referring back; the problem arises when there is a doubt as to whether a reference in our law to a foreign law1. is a reference to the internal law of said foreign law; or 2. is a reference to the whole of the foreign law, including its conflicts rules. ART.18 Rule in case of conflict between the Civil code and other laws. The special law prevails over the Civil code, which is general in nature. When the Civil Code is superior There are instances that the Civil Code expressly declares itself superior to special laws: a.Common carriersthe code of commerce supplies the deficiency b.Insolvency- the special laws supply the deficiency. Chapter 2 Human Relations ART. 19 Every person must, in the exercise of his rights and in the performance of his duties: 1. Act with justice, 2. Give everyone his due, and 3. Observe honesty and good faith. Principle of abuse of rights When the right is exercise purpose of prejudicing or another. for the injuring

Requisites of the principle 1. There is legal right or duty; 2. Which is exercised in bad faith; 3. For the sole intent of prejudicing or injuring another. ART. 20

his moral dependence, ignorance, indigence, mental weakness, tender age or other handicap, the courts must be vigilant for his protection. Reason for this article Parens patriae- literally means father or parent of his country. The phrase refers to the sovereign power of the state in safeguarding the rights of person under disability. The state is under the obligation to minimize the risk to those who because of their minority are as yet unable to take care of themselves fully.

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. ART. 29 When the accused in a criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted. Such action requires only a preponderance of evidence. When acquittal extinguishes the civil liability. The judgment of acquittal extinguishes the civil liability of the accused only when it includes a declaration that the facts from which the civil liability might arise did not exist. (Lontoc v. MD Transit & Taxi Co., Inc.) The claim for civil liability is also extinguished together with the criminal action if it were solely based thereon, i.e., civil liability ex delicto. (Villegas v. CA) ARTS. 31-34 Scope of Art. 31 Art. 31 contemplates a case where the obligation does not arise from a crime, but from some other act-like a contract or a legal duty. Independent civil action, definition -is one that is brought distinctly and separately from a criminal case allowed for considerations of public policy, because the proof needed for cases is less than that required for criminal cases. Instances when the law grants an independent civil action. 1. Art. 32- Breach of constitutional and other rights. 2. Art. 33- defamation, fraud, physical injuries 3. Art. 34- Refusal or failure of city or municipal police to give protection 4. Art. 2177- quasi-delict or culpa aquilaina ART. 36 Prejudicial question, defined 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. Requisites 1. the 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

ART. 25 Only a charitable institution, whether private or public, can bring action against those displaying thoughtless extravagance during a period of acute public want or emergency. ART. 26 Every person shall: 1. Respect the dignity; 2. personality; 3. and peace of mind of his neighbors and other persons. Remedies 1. an action for damages; 2. an action for prevention; 3. any other relief. Scope 1. Prying into the privacy of anothers residence; 2. Meddling with or disturbing the private life or family relations of another; 3. Intriguing to cause another to be alienated; 4. Vexing or humiliating another on account of his: a. Religious beliefs b. Lowly station in life c. Place of birth d. Physical defects e. Or other personal condition. ART. 27 Any person suffering material or moral loss because a public servant or employee

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the accused would necessarily be determined; and Jurisdiction to try, said question must be lodged in another tribunal. a. In the Phils. Where the courts are vested with both civil and criminal jurisdiction, the principle of the prejudicial question is to be applied even if there is only one court before which the civil action and the criminal action are to be litigated.

Juridical capacity a) passive b) inherent c) lost only through death d) can exist without capacity to act

Capacity to act a) active b) merely acquired c) lost through death and may be restricted by other causes d) exists always with juridical capacity

Examples: 1. A case for annulment of marriage, it must be shown that petitioners consent to such marriage was procured by means of duress, force and intimidation to show that his act in the second marriage was involuntary. 2. In criminal case for damage to ones property, a civil action that involves the ownership of said property should first be resolved. 3. a civil action involving an obligation to pay wages is a prejudicial question to a criminal prosecution for delay in the payment of such wages. TITLE 1. CIVIL PERSONALITY Chapter 1 General Provisions Civil personality- is the aptitude of being the subject, active or passive, of rights and obligations. Person- any being, natural or artificial, capable of possessing legal rights and obligations. 2 kinds of persons 1. Natural persons- human beings created by God through the intervention of the parents. 2. Juridical persons- those created by law. ART. 37 Juridical capacity (capacidad juridical), defined - the fitness to be the subject of legal relations, is inherent in every natural person and is lost only through death.

Capacity to act ( capacidad de obrar, facultas agenda), defined -which is the power to do acts with legal effect, is acquired and may be lost. Differences

Full or complete civil capacity, defined. The union between the two kinds of capacity. ART. 38 Restrictions on capacity to act: 1. minority (below 18) 2. Insanity or imbecility 3. state of being a deaf-mute 4. prodigality (the state of squandering money or property with a morbid desire to prejudice the heirs of a person. 5. Civil interdiction ( the deprivation by the court of a persons right) These are mere restrictions and do not exempt the incapacitated person from certain obligations.

ART. 39 Modification or limitations on capacity to act 1. age 2. insanity 3. imbecility 4. the state of being a deaf-mute 5. penalty 6. prodigality 7. family relations

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alienage absence insolvency trusteeship

This article enumerates other restrictions like family relations and alienage; it includes not only the restrictions but also those circumstances that modify capacity to act. Chapter 2 Natural Persons

If there is doubt between two or more persons who are called to succeed each other, 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. Presumptions on survivorship under the Revised Rules of Court: a) if both were under the age of 15 yrs., the older is presumed to have survived; b) if bouth were above the age of 60, the younger is presumed to have survived; c) if one be under 15 and the other above sixty, the former is presumed to have survived; d) if both be over fifteen and under sixty, and the sexes be different, the male is presumed to have survived; if the sexes be the same, then the older; e) if one be under 15 or over 60 and the other between those ages, the latter is presumed to have survived. Chapter 3 Juridical Persons ART. 44 The following are juridical persons: 1. The state and its political subdivisions; 2. other corporations, institutions and entities for public interest or purpose, created by law 3. Corporations, partnerships and associations for private interest or purpose to which the law grants a juridical personality, separate and distinct from that of each shareholder, partner or member. Two kinds of juridical persons a) public juridical persons i. Public corporations like the province and the city ii. The state itself b) private juridical persons i. private corporations ii. partnerships iii. foundations ART. 45 Juridical persons mentioned in nos. 1 and 2 of the preceding article are governed by the laws creating or recognizing them. Private corporations are regulated by laws of general application on the subject. Partnerships and associations for private interest or purpose are governed by the provisions of this Code concerning partnerships.

ART. 40 Beginning of personality personality does not begin at birth; it begins at conception. It is however essential that birth should occur later. Presumptive personality the personality at conception. ART. 41 Two kinds of children 1. ordinary- with an intra-uterine life of at least seven months. (mere birth is sufficient here) 2. extraordinary- if the intra-uterine life be less than seven months. ( here the child must have lived for at least 24 hours after its complete delivery from the maternal womb) Note that the law says the fetus considered born only for civil purposes. ART. 42 Civil personality is extinguished by death. The effects of death is determined by: 1. law, examples: a. the right to support ends b. a marriage, whether voidable or valid also ends c. the tenure of public office ends 2. contract 3. will ART. 43 Proof of death - Applies only to persons who are called to succeed each other. - Proof of death must be established by positive evidence. Proof of death cannot be established by mere inference arising from another inference or from presumptions or assumptions. is

Determination of nationality of juridical persons The nationality of a corporation is generally determined by the place of its incorporation. Except: 1. For the grant of rights in the Constitution to the operation of public utilities, and for the acquisition of land and other natural resources, a corporation, even if incorporated here, cannot acquire said rights unless 60% of its capital be Philippine-owned. 2. During war, we may pierce the veil of corporate identity, and go to the very nationality of the controlling stockholders regardless of where the incorporation had been made. ART. 46 Rights of juridical persons 1. To acquire and possess property of all kinds. 2. To incur obligations. 3. To bring civil or criminal actions. ART. 47 This article refers to public corporations or associations upon dissolution. Rule if public juridical persons are dissolved. 1. First apply the provisions of the law or charter creating them. 2. If there is no such provision, the assets will be for the benefit of the place which as already receiving the principal benefits during the existence of the corporation or association.