Civil Code of the Philippines

Republic Act No. 386

Chapter 1: Effect and Application of Laws
Article 1: This Act shall be known as the "Civil Code of the Philippines." (n)
COMMENT:
Sources of the Civil Code
1. The Civil Code of Spain
2. The Philippine Constitution of 1935
3. Statutes or Laws (Philippine, American, European)
4. Rules of court (local and foreign)
5. Decision of local tribunals (particularly the Supreme Court)
6. Decision of foreign tribunals
7. Customs and traditions of our people
8. General principles of law and equity
9. Ideas from the Code Commission itself
Principal basis: Civil Code of Spain which became effective in the PH on
December 7, 1889 (20 days after the publication in the Gaceta de Manila
on November 17, 1889.)
However, Tiles 4 and 12 of Book 1 were never applied, their application in
the Philippines was suspended.
* Civil Code of Spain was in turn an adaptation of the Code Napoleon French Civil Code of 1804.
Commentators and Annotators on the Civil Code of Spain
1. Justice Jose Ma. Manresa y Navarro (Comentarios of Codigo Civil Espaol
- 12 volumes)
2. Felipe Sanchez Roman (Estudio de Derecho Civil)
3. Quintos Mucius Scaevola (pen name of a group of commentators
borrowed from the Roman juris-consultant) (Codigo Civil Comentado)
4. Calixto Valverde (Tratado de Derecho Civil Espaol)
5. Mario Navarro Amandi (Cuestionario del Codigo Civil Reformando)
6. Colin and Capitant (French authors), De Buen (who wrote the Spanish
notes), (Curso Elemental de Derecho Civil)
7. Enneccerus, Kipp, and Wolf (German authors- Derecho Civil)
8. Chief Justice Jose Castan Tobenas
Brief History of Our Civil Laws
1. Our civil law was premised principally on the old Civil Code. (The Civil
Code of Spain 1889)
2. Prior to the Civil Code of Spain of 1889, our civil law was found in the
Recopilacion de las Leyes de las Indias with the ff. as supplemental laws to
be applied in the ff. order:
* the latest Spanish laws enacted for the colonies
* La Novisina Recopilacion
* La Nueva Recopilacion

* the Royal Ordinances of Castille

* Leyes de Toro (Laws of Toro)
* the Siete Partidas (promulgated thru the Ordenamiento de Alcala of
1384.)
Sources of Philippine Civil Law
1. The 1935 and 1973 Philippine Constitution.
Effective date of 1973 Constitution: Jan. 17, 1973 (Accdg. to a Presidential
Proclamation)
Freedom (Revolutionary and Provisional) result of the EDSA Revolution of
Feb. 22-25, 1986.
Effective date of 1987 Constitution: Feb. 2, 1987
2. Statutes, laws, presidential decrees, or executive orders which are
applicable.
3. Administrative or general orders insofar as they are not contrary to the
laws of the Constitution.
4. Customs of the place, provided they are not contrary to existing laws,
public order, or public policy.
5. Judicial decisions (interpreting the law), as well as judicial customs
(where decisions are made notwithstanding the absence of applicable
statutes or customs)
6. Decisions of foreign courts
7. Principles covering analogous cases.
8. Principles of legal hermeneutics. (Statutory construction)
9. Equity and the general principles of law (juridical standards of conduct
premised on morality and right reasoning)
Books of the Civil Code
1. Book I- Persons (Not Persons and Family Relations because juridical
persons such as corporations have no families.)
2. Book II Property, Ownership, and its Modifications
3. Book III Different Modes of Acquiring Ownership.
4. Book IV Obligations and Contracts
Other parts:
Preliminary Title
Human Relations
Transitional Provisions
Repealing Cause
Some Important Changes Made by the Civil Code:
Book I
Elimination of absolute divorce
Creation or judicial or extrajudicial family homes
Insertion of a chapter on Human Relations
Abolition of the dowry
Greater rights for married women
Book II
New provisions on the quieting of title

 New provisions on the creation of new easements

The provisions on the censo and use and habitation have been
eliminated
Book III
Holographic will revived
Rights (successional) of the surviving spouse and of illegitimate
children increased
The mejora or betterment has been disregarded
Book IV
Defective contracts reclassified
A new chapter on reformation of contracts
Some implied trusts enumerated
New quasi-contracts have been created
The Code Commission
- 5 members
- Created by President Manuel A. Roxas thru Executive Order 48 dated
March 20, 1947
- Final draft was finished on Dec. 16, 1947
- The Commission rendered its report in a publication dated Jan. 26,
1948.
- Congress approved the draft on June 18, 1949 as Republic Act 386.

The Original Members of the Code Commission

Dean Jorge Bocobo Chairman
Judge Guillermo B. Guevarra (Member)
Dean Pedro R. Ylagan (Member)
Dean Francisco R. Capistrano (Member)

5th member: Senator Arturo Tolentino (not yet appointed at the time the
Civil Code was drafted.)
Proportion of Changes
The Civil Code contains:
o 2270 articles, 43% are completely new provisions.

o
o
o

Language of the Civil Code

English
English should prevail in its interpretation and construction
Literal translations of Spanish or Latin terms must be interpreted,
however, according to their original sources.

Need for a Preliminary Title

Purpose of this Title is to set forth general principles.

Article 2: Laws shall take effect after fifteen dats following the completion
of their publication in the Official Gazette, unless it is otherwise provided.
This Code shall take effect one year after such publication. (1a)
COMMENT:
This article provides for the effectivity of two kinds of law:
An ordinary law
The Civil Code
Note: Under Martial Law, the law-making authority is vested to the Chief
Executive or President or Commander-in-Chief who usually issues:
o General Orders (Codes)
o Presidential Decrees or Executive Orders (Statutes)
o Letters of Instruction or Letters of Implementation (Circulars)
o Proclamations (Announcements of important things or events)
Effectivity date of an ordinary law:
o On the date it is expressly provided to take effect.
o If no such date was made, after 15 days, following the completion of
its publication in the Official Gazette or in a newspaper of general
circulation.
When no publication is needed
- Where a law provides for its own effectivity.
- If the law was enacted in last hour, it is still valid in the first hour of
the same day
When Publication is Needed
- Unless otherwise provided, laws shall take effect after 15 days after
the publication in the Official Gazette (Art. 2, Civil Code) or in a
newspaper of general circulation.
- After 15 days means the 16th day after the publication.
Taada vs. Tuvera
GR 63915, Dec. 29, 1986
-

The publication must be in full or it is no publication at all

Its purpose is to inform the public of the contents of the las
It must be made in the Official Gazette and not elsewhere
The provision in the Administrative Code relating to effectivity at
the beginning if the fifteenth day after the completion of the
publication has been repealed.

( page 14-18)
Article 3: Ignorance of the law excuses no one from compliance therewith.
(2)
Comment:

(1)Latin Maxim on Ignorance of the Law

- A familiar legal maxim found in the Latin:
Ignorantia legis non excusat means Ignorance of the law excuses
no one.
- It would aeem that this maxim is a bit unfair today; before the
compliance is required, there must be due promulgation of the law.
- Now then, the present method of promulgation which is the Official
Gazette is clearly inadequate.
1. The Official Gazette generally comes out several years late;
2. How many of our citizens can get hold of a copy thereof, much less,
read the same?
3. In a very real sense, law was made for evil men. The good hardly
need law when they do good acts.
4. Without the maxim, the corrup will make social existence
unbearable, abuses will increase, ignorance will be rewarded.
(2)Applicability of the Maxim
o Art. 3 applies to all kinds of domestic laws
Whether civil or penal
Whether substantive or remedial
On grounds of expediency, policy, and necessity, to precent
evasion of the law.
However, the maxim refers only to mandatory or prohibitive
laws, not to permissive or suppletory laws.
Ignorance of foreign law is not ignorance of the law, but
ignorance of the fact because foreign laws must be alleged
and proved as matters of fact, there being no judicial notice of
said foreign laws.
If the foreign law is not properly alleged and proved, the
presumption is that it is the same as our law. The
pressumption has been referred to by Wharton as processual
presumption
(Xerox pages 20-28)
Scope of Ignorance of the Law
- when we say ignorance of the law, we refer 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.
Ignorance of the Law Distinguised from Ignorance of the Fact
(Mistake of Fact)
- Ignorance of the law is no excuse (ex. No excuse for not complying
with the law)
- Ignorance of the fact eliminates criminal intent as long as there is no
negligence.
- The ff. Gave been held to be mere honest mistakes of facts:
o An honest error made by a lawyer in the interpretation of the law.
No attorney is bound to know all the laws; God forbid that is

should be imagined that an attorney or counsel or even a judge

Is bound to know all the laws.
o An erroneous belief that a certain court has jurisdiction to grant
an absolute divorce. A subsequent marriage enter into under
such erroneous belief will still be one contracted in good faith by
such party.
o If a girl married without parental consent thinking shes already
of a certain age when as a matter of fact, she was several years
younger, she is not criminally liable, for this is an honest mistake.
Ignorance of the Law as the Basis of Good Faith
- The Civil Code specifically provides that a mistake on a doubtful or
difficult question of law may be the basis of good faith.
- He is still liable, but his liability shall be mitigated, i.e., while he will
still be considered as a debtor, he will be a debtor in good faith.
Article 4: Laws shall have no retroactive effect, unless the contrary is
provided.
Comment:
1. Reason why laws in general are prospective
In general, laws are prospective not retroactive. While the judge
looks backward, the legislator must look forward.
Xerox 29-30
2. Exceptions to the Prospective Effects of Laws
While in general, laws are prospective, they are retroactive in the ff.
cases,
(1)If the laws themselves provide for retroactivity, but in no case
must be an ex post facto law be passed.
Note: the PH constitution dies not prohibit retroactive laws.
The prohibition against ex post facto laws applies only to
criminal matters and not to civil matters.
Note: Art. 256 of the Family Code provides:
This Code shall have retroactive effect insofar as it does not
prejudice or impair vested or acquired rights in accordance
with the Civil Code or other laws.
(2)If the laws are remedial in nature.
There are no vested rights in rules of procedure. New rules
of court on procedure can apply to pending actions.
(3)If the statute is penal in nature, provided:
1. It is favorable to the accused or to the convict.
2. And provided further that the accused or convict is not a
habitual delinquent as the term is defined under the Revised
Penal Code.
(4)If the laws are of an emergency nature and are authorized by the
police power of the government.

(5)If the law is curative (this is necessarily retroactive for the precise
purpose is to cure errors or irregularities) however to be valid,
this kind of law must not impair vested rights nor affect final
judgments.
(6)If a substantive right be declared for the first time, unless vested
rights are impaired.
Article 5: Acts executed against the provisions of mandatory or prohibitory
laws shall be void, except when the law itself authorizes their validity.
1. Mandatory or Prohibitory Laws
- It should be noted that Art. 5 refers to mandatory or prohibitory
laws, as distinguished from those which are merely permissive.
Kinds of mandatory legislation (like penal and some contractual laws:
Positive when something must be done
Negative or prohibitory- when something should not be
done
Exceptions: Xerox 34-35
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. (4a)
Comment:
1. Rules for the Waiver of Rights:
General rule- rights may be waived.
Exceptions:
a. When the waiver is contrary to law, public order, public policy,
morals or good customs.
b. When the waiver is prejudicial to a third person with a right
recognized by law.
Note: Art. 6 deals with waiver of rights not the waiver of obligations or
duties.
Note: Waiver of obligations or duties would be possible only if the person
being possessed of certain rights, and resultant obligations or duties
waives the said rights; or if the law itself authorizes such waiver.
2. Definitions
Right the power or privilege given to one person and as a rule
demandable of another, as the right to recover a debt justly due.
In another sense, a right denotes an interest or title in an object
or property.
Rights involve two subjects:
1. The active subject the person entitled
2. The passive subject the person obliged to suffer the
enforcement of the right.

Rights may be:

1. Real rights (jus in re, jus in rem) enforceable against the whole
world (absolute rights)
2. Personal rights (jus in personam, jus ad rem) enforceable against a
particular individual (relative rights)
3. Waiver- the intentional or voluntary relinquishment of a known right,
or such conduct as warrants an inference if the relinquishment if
such right.
(Xerox 37-43)
Article 7
Laws are repealed only by subsequent ones, and their violation or nonobservance shall not be excused by disuse, or custom or practice to the
contrary.
When the courts declare a law to be inconsistent with the Constitution, the
former shall be void and the latter shall govern.
Administrative or executive acts, orders, and regulations shall be valid
only when they are not contrary to the laws or the Constitution.
Comment:
Sources of Law
- The Constitution
- Laws (or presidential decrees)
- Administrative or executive acts
- Orders
- Regulations
How Laws are Repealed
- Expressly
- Impliedly (insofar as there are inconsistencies between a prior and a
subsequent law)
(Xerox 44-61)
Article 8: Judicial decisions applying or interpreting the laws or the
Constitution shall form a part of the legal system of the Philippines.
(Xerox 62-84)
Article 9: No judge or court shall decline to render judgment by reason of
the silence, obscurity, or insufficiency of the laws.
Comment:
(1)Duty of a judge if the law is silent
- 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.

Xerox 85-88
Article 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.
1. Dura Lex Sed Lex The law may be harsh, but it is still the law
Xerox 88-94
Article 11: Customs which are contrary to the law, public order or public
policy shall not be countenanced.
Xerox 95-96
Article 12: A custom must be proved as a fact, according to the rules of
evidence.
Xerox 96-97
Article 13: When the laws speak of years, months, days or nights, it shall
be understood that years are of three hundred sixty-five days each;
months, of thirty days; days of twenty four hours, and nights frim sunset
to sunrise.
Xerox 97-101
Article 14: Penal laws and those of public security and safety shall be
obligatory upon all who live or sojourn in Philippine territory, subject to the
principles of public international law and to treaty stipulations.
Xerox 101-103
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.
Xerox 103-106
Article 16: Real property as well as personal property is subject to the law
of the country where it is situated.
However, intestate and testamentary successions, both with respect to
the order of succession and to the amount of successional rights and to
the intrinsic validity of testamentary provisions, shall be regulated by the
national law of the person whose succession is under consideration,
whatever may be the nature of the property and regardless of the country
wherein said property mat be found.

Xerox 107-116
Article 17: The forms and solemnities of contracts, wills and other public
instruments shall be governed by the laws of the country in which they
are executed.
When the acts referred to are executed before the diplomatic or consular
affairs of the Republic of the Philippines in a foreign country, the
solemnities established by the Philippine laws shall be observed in their
execution.
Prohibitive laws concerning persons, their acts or property and those
which have for their object public order, public policy and good customs
shall not be rendered ineffective by laws of judgments promulgated, or by
determi-nations or conventions agreed upon in a foreign country.
Xerox 117-119
Article 18: In matters which are governed by the Code of Commerce and
special laws, their deficienct shall be supplied by the provisions of this
Code.
Xeroz 119-121