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INTRODUCTION

FIRST EXAMINATION

provisions
by Sarip Aila A. Ampatuan

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the publication of laws, executive orders, circulars and notices
Republic Act No. 386 in this country of more than 7,100 islands and its circulation is
The Civil Code of the Philippines limited and often delayed.
August 30,1950
Newspaper of General Circulation — a newspaper is of gen-
Law — a rule of conduct, just, obligatory, promulgated by legit-
eral circulation if: /CPBN/
imate authority, for common observance and benefit. —
Sanchez Roman
1. its circulation is made within the court’s jurisdiction
9 sources of the Civil Code of the Philippines 2. it is published at regular intervals for the dissemination of
1. Spanish Civil code of 1889 local and general information
2. The Philippine Constitution of 1953 3. it has a bona fide subscription list of paying subscribers
3. Statutes or laws (Philippine, American, European) 4. if it is not devoted to the interest or published for the en-
4. Rules of Court (local or foreign) tertainment of a particular class, profession, trade, calling,
5. Decisions of local tribunals (Supreme Court decisions) race, or religious denomination.
6. Decisions of foreign tribunals, comments and treatises of
foreign jurists
7. Filipino customs and Traditions When laws become effective
8. General Principles of Law and equity The effectivity of a law will depend on whether or not it has
9. Report of the Code of Commission provided a specific date for its effectivity.

• No date specified — the law becomes effective after 15 days

PRELIMINARY TITLE following the completion of its publication in the Official Ga-
zette or newspaper of general circulation.

CHAPTER 1
This means that it is effective on the 16th day following the
Effect and Application of Laws
law’s complete publication. If the law is voluminous, and is
Article 1. This Act shall be known as the “Civil Code of the published in series, the reckoning shall begin from the last of
Philippines.” the series.

• Specific date provided — it becomes effective only upon the

Civil Code — a collection of laws which regulate the private
lapse of the said period following its complete publication
relations of the members of the civil society, determining their
and not before.
respective rights and obligations, with reference to persons,
things, and civil acts.
• Immediate effectivity provided — becomes effective only
after its complete publication and not immediately after its
Civil Code vs. Civil Law
signing by the President.
Civil Code Civil Law
Article 3. Ignorance of the law excuses no one from compli-
branch of law that generally
a compilation of existing civil ance therewith.
treats of the personal and fam-
laws, scientifically arranged into
ily relations of an individual, his
books, titles, chapters, sub-head- Ignorance — means want or absence of knowledge; the state
property and successional
ings and promulgated by legiti-
rights, and the effects of his of being unaware of uninformed of something or some act un-
mate authority
obligations and contracts. der consideration.

Ignorance of the law — want of knowledge or acquaintance

Language — English; in interpreting its provisions, the English
text shall prevail over any translation, including any Spanish
translation as it was drafted and approved in the English lan-
guage.
EFFECTIVITY OF LAWS.
Article 2. Laws shall take effect after fifteen days following
the completion of their publication in the Official Gazette,
or in a newspaper of general circulation, unless it is other-
wise provided. This Code shall take effect one year after
such publication.
Executive Order No. 200 — under this new amendment, pub-
lication may now be made through newspapers of general cir-
culation as the Official Gazette is not an adequate medium in
with the laws of the land insofar as they apply to the act, rela-
tion, duty, or matter under consideration; not an excuse.
Ignorantia juris non excusat — ignorance of the law excuses no
on for noncompliance thereof.
Ignorance of fact — want of knowledge of some fact or facts
constituting or relating to the subject matter in hand; excuses
or is a ground for relief.
Ignorant facti excusat — ignorance of fact may excuse a party
from the legal consequences of his conduct.
Rationale
The rule is intended to prevent evasion of the law; it is founded
not only on expediency and policy but also on necessity.
2

Remove said principle of the law, violators of the law will have
a convenient defense of ignorance of the law which could
hardly be overcome by contrary evidence as ignorance is a
mental state.
When the rule may be relaxed
When there is a mistake on a doubtful question of law, or on
the construction or application of law, this is analogous to a
mistake of fact, and the maxim of ignorant legis neminem ex-
cusal should have no proper application.
1. when there is a mistake on the a doubtful question of
the law, or on the construction or application of law
2. in the case of minors
3. foreign laws — as courts do not generally take judicial no-
tice of them and their existence must be pleaded and
proved as matters of fact.
The difficult questions of law arising from the above are given
the same effect as mistakes of fact.
Processual presumption — presumed identity approach; a
foreign law is a matter of fact which must be proven with evi-
dence; in the absence of contrary evidence, it is presumed to
be the same as our domestic law.
The party who claims the applicability of a foreign law has the
burden of proof, and where said party has failed to discharge
the burden, Philippine law applies.
PROSPECTIVITY OF LAWS.
Article 4. Laws shall have no retroactive effect, unless the
contrary is provided.
General rule on effectivity of laws
Laws operate prospectively; they look at the future.
Statutes have only prospective application unless the intention
to give them a retrospective effect is expressly declared or is
necessarily implied from the language used.
If there is doubt, the doubt must be resolved against retrospec-
tivity.
Retroactivity — there is retroactivity when a law is made ap-
plicable to situations or acts already done before the passage
of the said law.
Reasons against retroactivity
1. might prejudice vested rights
2. might create new obligations, impose new duties, or attach
new disabilities
3. might affect transactions already past
The restrospective applicability of a law should be ex-
pressly provided therein. In the absence of such express pro-
vision, the presumption is in favor of the prospective operation
of law.
A statute should not receive a construction making it retroac-
tive unless the words a re so clear, strong, and imperative that
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no other meaning can be annexed to them, or unless the inten-
tion of the legislature cannot be otherwise satisfied.
Statutes which may be given retroactive application
1. Remedial or procedural law — laws which provide for the
methods of enforcing rights or obtaining redress for their
violation.
• these will not prejudice vested rights
2. Penal laws in favor of the accused or convict — Article
22 of the RPC; exceptions:
1. he is a habitual delinquent, and
2. that it is expressly stated in the law that it shall have no
retroactive application.
3. Curative laws — laws intend to correct errors or irregu-
larities incurred in judicial or administrative proceedings,
acts of public officers, or private deeds and contracts which
otherwise would not produce their intended consequences
by reason of some statutory disability or the failure to com-
ply with some technical requirements; they operate on
conditions already existing and are necessarily retroactive
in operation.
• example: if the law does not provide for the complete
date of its effectivity, or if kulang, kunwari, July 1 tapos
no year, then that can be cured by simply passing a cu-
rative law but it will not affect the entire law
4. Emergency laws — laws intended to meet exigencies
which require immediate action.
5. Laws creating new rights — may be given retroactive ap-
plication provided no vested right of the same origin is af-
fected.
• example: NCC — illegitimate children were classified
into the 5; the right of the IC to claim his portion in the
legitim would depend on how he was classified in the
NCC, however, in the FC, there is only 1 type of illegiti-
mate child regardless of the source and for as long as
the child is recognized by the father, then the child is
already entitled to 1/2 of the share of legitimate child.
6. Tax laws — impose taxes; liability for taxes is incidental to
social existence.
Rule on judge-made-laws
In accordance with Article 8 and Article 4 of the NCC, the prin-
ciple of prospectivity of statues shall apply ti judicial decisions,
which, although themselves are not laws, are nevertheless evi-
dences of what the law means.
Article 5. Acts executed against the provisions of mandatory
or prohibitory laws shall be void, except when the law itself
authorizes their validity.
Mandatory provision — the omission to follow which, renders
the proceedings which it relates void; when the provision of a
statute is the essence of the thing required to be done; “shall”;
one which must be observed; require and not merely permit a
course of action
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Directory provision — the observance of which is not neces-
sary to the validity of the proceeding; relates to form and man-
ner, and where an act is incidental, or after jurisdiction acquired;
“may”; optional and the violation of which does not render the
act void or illegal
Four ways of validating an act or contract contrary to a
mandatory law
1. by expressly validating the contract
• Article 41, FC whereby the spouse present may contract
a subsequent marriage without incurring any criminal li-
ability for as long as the requisites mentioned in Article
41 are present, and further cited in the cases of Nolasco,
Alegro, Villanueva, and other cases, then the spouse pre-
sent can validly contract a subsequent marriage without
incurring criminal liability without of course, prejudice to
the reappearance of the disappearing spouse
2. by making the invalidity to depend on the will of the
injured party
• e.g. annul-able or voidable contracts — contracts en-
tered into by those who are incapacitated by reason of
age.
• contracts entered into by a minor are only voidable
• right to assail the validity of the contract — the in-
jured — in this case, the minor — it is only the minor
who can file an action for annulment of the contract
because it is his consent which was vitiated by rea-
son of his minority
3. by punishing it criminally but validating the act
• before: widows punished for premature marriages (300
days from death of husband ang requirement)
• however, this has already been repealed by a new law
which allows the widow to marry even immediately af-
ter the burial of the husband
4. by invalidating the act but recognizing the legal effects
flowing from the invalid act
• example: marriages declared void under Articles 36 and
53, FC
• as a general rule, if the marriage is declared void, the
children born out of that marriage shall be legitimate
but by express provision as stated in Article 54 FC, chil-
dren born out of void marriages (Articles 36 and 53)
are legitimate
WAIVER OF RIGHTS.
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.
Right — a legally enforceable claim of one person against an-
other, that the other shall do a given act, or shall not do a given
act; that which one person ought to have or receive from an-
other; has the force of “claim”; a power, privilege, or immun-
ity guaranteed under a constitution, statutes, or decisional
laws, or claimed as a result of long usage
Right vs. Duty
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Right Duty
must be performed and one who
does not discharge the same
need not be exercised, might
must necessarily be prepared to
even be waived
face the consequence of his der-
eliction or omission
Waiver — is the intentional or voluntary relinquishment of
a known right which may be express or implied; it is not pre-
sumed and must be clearly and convincingly shown either by
express stipulation or acts admitting no other reasonable ex-
planation
Coverage of a waiver
- it is generally applicable to all rights and privileges to
which a person is legally entitled, whether secured by con-
tract or conferred by statue, or guaranteed by the Constitu-
tion, provided that such rights and privileges rest in the indi-
vidual and are intended for his sole benefit
- rights guaranteed by the Constitution
- rights granted by executive orders of a general character
- fundamental rights like right to counsel, right to remain si-
lent, statutory right to preliminary investigation, right to bail,
as well as ordinary private rights may be waived
Un-waivable rights — any attempt at waiver on this rights is
void and illegal:
1. right to live
2. tight to future support
3. rights to personality and family rights
Instances when waiver is void
1. if the waiver is contrary to law, public order, public policy
morals, or good customs
2. if the waiver is prejudicial to a third person with a right rec-
ognized by law
Requirements for a valid waiver
1. The waiving party must actually have the right he is re-
nouncing.
2. He must have full capacity to make the waiver.
3. The waiver must be clear and unequivocal.
4. The waiver must not be contrary to law, public order, public
policy, morals, or good customs, or prejudicial to a third
person recognized by law.
5. When formalities are required, formalities must be com-
plied with.
Article 7. Laws are repealed only by subsequent ones, and
their violation or non-observance shall not be excused by dis-
use, or custom or practice to the contrary.
When the courts declare a law to be inconsistent with the Con-
stitution, the former shall be void, and the latter shall govern.
4

Administrative or executive acts, orders, and regulations,
shall be valid only when they are not contrary to the laws or the
Constitution.
Hows laws lose their effectivity
1. repeal,
2. self-cancellation due to the lapse of their period of effectiv-
ity, or
3. declaration of nullity due to unconstitutionality.
Kinds of repeal
1. Express — when the repealing law provides for a provision
or a repealing clause explicitly stating that a particular ex-
isting law or part of a law is thereby repealed.
2. Implied — when there is no repealing clause in the repeal-
ing law, but the prior law and the subsequent law could not
reconcile being substantially inconsistent with one another.
Rules when there is a conflict between two laws
1. With repealing clause in the later law
There is no doubt on the intention to repeal prior law.
2. Without repealing clause in the later law
Reliance is made on the presumption of the intention to
repeal which in turn depends on whether or not by reason-
able construction, the 2 laws could possibly stand together.
• if they could: there is no repeal
• if they could not: there is an implied repeal
3. Both laws — same category and same subject matter
That which is later in point of time prevails over the prior
one because it manifests the legislator’s latest intention on
the subject matter.
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Self-lapsing laws — laws which provide for their limited appli-
cation; once the period for their effectivity lapses, the self-laps-
ing laws automatically become ineffective without any need of
further legislative action.
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 are not laws. Although not laws, the decisions
of the SC applying or interpreting the laws or the Constitution
form part of the legal system in the country.
They have the force and effect of laws as they assume the same
authority as the statutes themselves.
Jurisprudence — the doctrines formulated by the decisions of
the SC constitute what we call jurisprudence. These doctrines
amplify and supplement the written law.
Now, the judicial decisions referred to here would only apply to
decisions rendered by the Supreme Court where they are con-
sidered to be jurisprudence.
But are they persuasive? They are authoritative and precedent-
setting.
What is persuasive is the decisions of the Court of Appeals but
the decisions of the court of appeals can also become jurispru-
dence if the requisites laid down as in the case of Miranda v.
Imperial are complied with.
Such as a very novel issue has been raised at the court of ap-
peals was decided by the court of appeals and subsequently
affirmed by the SC then it becomes also jurisprudence.

When one is general, the other special But always remember that decisions of the Supreme Court are
1. General law is prior to special law: not laws. Otherwise, if these were considered as laws, then that
The special law is merely an exception to the general would be encroaching on the power of the legislative power to
law; general law remains effective subject to the exception enact laws.
wherein the special law prevails
These are only means of interpreting or construing the law but
2. General law is later than special law they are not laws.
The special law prevails, except:
Stare Decisis vs. Res Judicata
1. when there is clear, necessary, and irreconcilable con- Stare Decisis Res Judicata
flict between the two;
based upon the legal principle or
2. general law covers the whole subject, including the run involved and not upon the
subject matter of the special law, and is clearly in- judgment which results there- it is based upon the judgment.
from.
tended to replace the special law
it means “has already been de-
it refers to the principle of adher- cided”.
Revival of a repealed law ence to precedents for reasons of
1. Implied repeal — there is revival. stability in the law. the final judgment has been ren-
dered and no other court may
2. Express repeal — no revival, unless the contrary is pro- it requires lower courts to follow hear an appeal.
vided. the rules established in the pre-
vailing decisions of the SC.

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Kinds of Stare Decisis
1. Vertical stare decisis — deals with the duty of the lower
courts to apply the decisions of the higher courts to cases
involving the same facts;
2. Horizontal stare decisis — requires that the high courts
must follow their own precedents.
Obiter dictum — an opinion expressed by the court upon
some question of law which is not necessary to the decision of
the case before it; it is a remark made, or opinion expressed, by
a judge, in his decision upon a cause.
DUTY OF COURTS OR JUDGES TO RENDER JUDGMENT.
Article 9. No judge or court shall decline to render judg-
ment by reason of the silence, obscurity, or insufficiency of the
laws.
Where the law governing a particular matter is silent on a ques-
tion at issue, the provision of another law governing another
mater may be applied where the underlying principle or reason
is the same. Abi cadet ratio ibi edam disposito.
Aside from customs and general principles of law affecting the
case, the judge may use as his guides — decisions of foreign
courts, opinions of unknown authors and professors, applicable
rules of statutory construction, and principles formulated in
analogous cases.
Article 9 is applicable only to civil cases
An offense is not a crime unless prohibited and punished by the
law (U.S. v. Taylor, 28 Phil. 599; People v. Sindiong, 44 O.G. 1471)
applying the rule “nullum crimen, nulla poena sine lege” (there
is no crime and there is no penalty in the absence of law), nev-
ertheless, if somebody is accused of a non-existent crime, the
judge must DISMISS the case. This, in reality, is equivalent to a
judicial acquittal.
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.
Article 11. Customs which are contrary to law, public order, or
public policy shall not be countenanced.
Customs cannot supplant laws.
Article 12. A custom must be proved as a fact, according to
the rules of evidence.
Custom —a rule of conduct formed by a repetition of acts, uni-
formly observed/practiced as a social rule, legally binding and
obligatory.
Usage — a repetition of acts, and differs from custom in that
the latter is the law or general rule which arises from such rep-
etition; while there may be usage without custom, there cannot
be a custom without usage accompanying or preceding it.
Requisites to make a custom an obligatory rule
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1. plurality of acts or the acts have been repeatedly done;
2. it is generally practiced by the great mass of the social
group;
3. the practice has been going on for a long period of time;
4. the community accepts it as a proper way of acting, such
that it is considered obligatory upon all.
General rule: Customs must be proved as a fact. It must be
alleged in the pleadings and its existence must be proved by
evidence, either by testimony of witnesses or by documents
recognizing its existence and its observance for a long period
of time.
Exception: A court may take judicial notice of a custom if there
has already been a decision rendered by the same court recog-
nizing the custom, specially if the decision had already been
affirmed on appeal and the decision already final and execu-
tory.
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 night from sunset to sunrise.
If months are designated by their name, they shall be computed
by the number of days which they respectively have.
In computing a period, the first day shall be excluded, and the
last day included.
This rule is applicable in criminal cases.
Examples of how periods are counted
1. 10 months = 300 days
Thus, a debt payable in 10 months must be paid at the end
of 300 days, and not on the same date of a month, ten
months later.
2. 1 year = 365 days
3. March = 31 days
This is because the month is specifically designated by
name. (Art. 13, par. 2, Civil Code). Thus, if in a contract it is
stipulated that performance should be done, say in the
month of “March,” the act can still be validly performed on
March 31.
4. 1 week = 7 successive days
(Derby and Co. v. City of Modesto, 38 Pac. 901). But a week
of labor, in the absence of any agreement, is understood to
comprehend only six labor days. (Lee Tay & Lee Chay, Inc.
v. Kaisahan Ng Mga Manggagawa, L-7791, Apr. 19, 1955).
Computation of periods
In computing a period, the first day shall be excluded, and the
last day included. (Art. 13, last par., Civil Code). Thus, 12 days
after July 4, 2006 is July 16, 2006. In other words, we just add
12 to the first-mentioned date.
Computation of period when the last day falls on a Sunday
or holiday
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As to whether the Sunday or holiday shall be considered in the
computation, will depend upon the nature of the act to be per-
formed or done:
1. If the act to be performed within the period is prescribed
or allowed (1) by the Rules of Court, (2) by an order of the
court, or (3) by any other applicable statute: the Sunday or
holiday will not be considered as the last day and the last
day will automatically be the next working day. The period
is extended.
2. If the act to be performed within the period arises from
a contractual relationship: the act will become due not-
withstanding the fact that the last fay falls on a Sunday
or a holiday. The period is not extended. This is so because
the contract is the law between the parties.
Computation if there is a leap year
February 29 is counted separately from February 28. It must be
so since they are 2 different days.
OBLIGATORY EFFECT OF PENAL LAWS.
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 interna-
tional law and to treaty stipulations.
Generally, civil laws do not apply to aliens who are governed by
their national law. However, penal laws equally apply to aliens
who live or sojourn in the Philippines based on ssaSsx vcthe
principle that during their stay, they owe allegiance to the
country though in a temporary nature.
Article 14 underlines the principle of territoriality under
which any offense committed by anyone within the territory of
the country is an offense against the State and the sovereign
State has the power to prosecute and punish the offender, be
he a national or a foreigner.
The principle of territoriality is also embodied in the first por-
tion of Article 2 of the Revised Penal Code.
Exceptions to the Principle of Territoriality
The law provides for two exceptions:
1. Those, who under principles of public international law,
enjoy diplomatic immunities such as heads of states, for-
eign ambassadors, or diplomats provided they do not travel
incognito. Also included are foreign armies, which are ex-
empt from criminal and civil jurisdictions.
2. Those expressly excluded from our jurisdiction due to
treaty stipulations such as American citizens mentioned in
the Philippine-United States Military Bases Agreement.
Consuls are not entitled to the privileges and immunities of an
ambassador.
NATIONALITY THEORY.
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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.
Nationality or Citizenship Theory — that the national law of
the person is applied in matters involving personal relations.
Territoriality or Domiciliary Theory — (followed in the US
and Great Britain); that the law of the domicile (the place where
the person has his or her fixed or legal address, or permanent
residence) is applied in matters involving personal relations.
By analogy, we apply the nationality theory to foreigners who
are residing in the Philippines. Thus, if under his law, divorce is
a valid means of terminating marriage, and was able to prove
that such a law exists in his country then by analogy we apply
the nationality theory, he is capacitated to enter into marriage
because he was able to prove it.
Scope
Article 15 refers to:
1. family rights and duties (including parental authority,
marital authority, support);
2. status;
3. condition;
4. legal capacity (but there are various exceptions to this rule
on legal capacity)
Family rights and duties — refer to the rights and duties pro-
vided in the Family Code and in such other special laws re-
lating to family law; matters relating to marriage, annulment,
nullification, its consequences, legal separation, property rela-
tions, support, adoption, filiation, recognition, succession,
emancipation, parental authority, are governed exclusively by
Philippine law when citizens of the Philippines are involved and
wherever they may be.
A former Filipino is no longer bound by Philippine laws after he acquires
another state’s citizenship (Recio vs. Recio).
Status — used to designated the circumstances affecting the
legal situation of a person in view of his age, nation, and his
family membership.
Condition — mode or status of being; it is an essential quality;
status or rank.
Legal capacity — the legal power to enter into binding obli-
gations or to enjoy the privileges of a legal status; examples:
1. Testamentary capacity — legally effective will
2. Contractual capacity – legally binding contract
3. Marital capacity – valid marriage
Rationale
Laws of other countries are varied and diverse; hence, there
must be a common agreement among civilized nations that the
laws relating to family rights and obligations, and status, con-
ditions, and legal capacity of persons accompany a person even
when he moves to a foreign country.
LAW GOVERNING REAL AND PERSONAL PROPERTY.
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Article 16. Real property, as well as personal property is sub-
ject 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 suc-
cessional rights and to the intrinsic validity of testamentary
provisions, shall be regulated by the national law of the per-
son whose succession is under consideration, whatever may
be the nature of the property and regardless of the country
wherein said property may be found.
Lex Situs or Lex Rei Sitae — the principle which provides that
property shall be governed by the law of the place where it is
situated; generally applies to lands and immovables in transac-
tions like sale, lease, barter, mortgage, or any other form of al-
ienation of property.
Exceptions to the Lex Situs or Lex Rei Sitae Rule (OAIC)
Article 16 (2) provides for the exception to the lex situs rule.
They refer to incidents of successions — whether intestate or
testamentary. These incidents are governed by the national
law of the deceased irrespective of the nature of the property
involved and regardless of the country wherein said property
may be found:
1. Order of succession in intestacy — settles questions per-
taining to preference in successions; such as the rule that
the nearest heirs exclude the farthest heirs for succession.
2. Amount of successional rights — settles questions of
amount — heirs with different status (legitimate or illegiti-
mate) may be entitled to different legitimes or rights.
3. Intrinsic validity of the provisions of the will —effective-
ness of the dispositions in the will. This refers not to the
form but the intrinsic validity of the stipulations in the will.
4. Capacity to succeed — refers to the capacity of heirs to
succeed in accordance with the national law of the de-
ceased (and not with the national law of the heirs).
All these issues shall be settled in accordance with the nation-
ality of the decedent (lex nationalii) and not by the lex situs
rule.
When the Article 16 (2) applies
It applies only when a legal or testamentary succession has
taken place in the Philippines in accordance with Philippine law,
and the foreign law is consulted only in regard to the order of
succession or extent of successional rights. Before the foreign
law on succession can be invoked, it must appear that the de-
cedent was vested with a descendible interest in property lo-
cated in the Philippines.
Without succession having taken place, there is no justification
for the application of Article 16 (2).
Reason for application of “Lex Nationalii” in succession
There’s only one will (testamentary or intestate). The oneness
and universality of the will cannot be divided or broken up
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merely because of the different countries where properties of
the estate are situated.
Renvoi Doctrine — literally means “referring back”; arises
where our law refers a case to another country for solution, but
the law of that country refers it back to our country for deter-
mination.
1. Remission — single renvoi; when the reference is made
back to the law of the forum.
2. Transmission — double renvoi; the reference is made to a
third state.
Lex Fori Rule or Processual Presumption — literally means
“law of the forum”; if the application of a foreign law is invoked,
that foreign law must be proven as a fact by the rules of evi-
dence. In the absence of proof, it is presumed to be that of the
law of the forum — Philippine law.
Can an alien validly provide in his will that his properties
be distributed in accordance with Philippine law?
No. In Micano vs. Brimo, it was held that the Turkish citizen can-
not validly provide in his will that his property be distributed in
accordance with the law of the Philippines. His national law
should govern.
Article 16 (1) refers to the property whether real or personal
will be governed by the country where the properties are situ-
ated. So as we were discussing in Orion Savings Bank v. Su-
zuki, regardless of the capacity of the foreigner who wishes to
acquire properties in the Philippines but is incapacitated under
our law, he is not capacitated to acquire the property situated
in the Philippines even if he would attach a duly obligated copy
of the law of the country where he is a citizen because it will be
governed by the law of the country where the property is situ-
ated, not based on his national law.
Article 16 (2) provides for an exception. Regardless of where
the property is situated and regardless of its nature but if it in-
volved testate or intestate succession. Testate is when the de-
ceased left a will and there are three issues that should be re-
solved under that particular situation:
1. Amount of successional rights — which would refer to
who would be inheriting the properties of the deceased.
So the amount of successional rights would depend on
whether the heir is a legitimate child or an illegitimate child
or there is the presence of the spouse.
2. Then we have the order of succession as between the le-
gitimate child and the illegitimate child, the one that is
given under the law the right to inherit is the legitimate
child. He is given the highest priority to be entitled to the
legitim left by the deceased.
3. And of course, when we talk of testate succession, we have
the third issue — this refers to the intrinsic validity of tes-
tamentary provisions — that would not refer to the form,
it refers to the stipulation in the will like “I am giving my
house and lot in the Ecoland to my daughter”… yan. That
8

would be what is meant by intrinsic validity. So would that
giving of a particular parcel of land to a daughter prejudice
the legitime of the other heirs? That is what is meant by
intrinsic validity.
So, it is not governed if the Filipino is residing in another coun-
try, for as long as he is a filipino, his properties whether ac-
quired in the Philippines or in another country if he dies, the
distribution of his estate will not be determined by the law of
the country where he is residing but is determined by his na-
tional law.
The national law of the person’s succession is under considera-
tion. Likewise, if a foreigner who is residing in the Philippines
and has acquired property in the Philippines, he cannot make a
will that his property shall be distributed in accordance with
Philippine laws because he is governed by his national law and
that was why there is this application of the renvoi doctrine in
the case of Aznar v. Garcia involving an American who acquired
properties in the Philippines who had two illegitimate daugh-
ters and this was referred to his country where he is a citizen,
the USA, and the USA says that it should be governed by the
law of his domicile, thus the application of Philippine law but if
he is a resident in the Philippines, he is a citizen of the US, has
properties in Japan, then that is now the application of the
transmission theory, a variant of the renvoi doctrine, wherein
a third country is now involved in the distribution of the estate
of the deceased. Therefore, it shall be Japanese law which shall
govern the distribution of his estate.
FORMS AND SOLEMNITIES OF CONTRACTS.
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 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, and
those which have for their object public order, public policy,
and good customs, shall not be rendered ineffective by laws or
judgments promulgated, or by determinations or conventions
agreed upon in a foreign country.
Principle of Lex Loci Celebrationis — under this principle,
matters bearing upon the execution, interpretation, and validity
of a contracts are determined by the law of the place where the
contract is made.
Intrinsic validity, not covered by the Article
The first paragraph of the Article speaks of the extrinsic valid-
ity of contracts, wills, and other public instruments. It is silent
on what law shall govern the intrinsic validity of contracts.
In interpreting the intrinsic validity of contracts, according to
Manresa and Valverde, the following rules can be followed:
1. The law stipulated by the parties shall be applied;
9
2. In the absence of any stipulation, and if the parties are of
the same nationalities, their national law shall be applied.
3. If the parties are not of the same nationalities, the law of the
place of perfection of the obligation shall govern its essence
and the law of the place of the performance shall govern its
fulfillment.
4. If the above places are not specified and they cannot be de-
duced from the nature and circumstances of the obligation,
then the law of the domicile of the passive subject shall ap-
ply.
First paragraph
When we say form or solemnities, these will refer to the ex-
ternal appearance or extrinsic validity. The technical manner
in the preparation of the document without reading what is
stipulated in the contract. All you have to do is look at its face.
It complies with the requirements for purposes of the the
preparation of the document. You don’t have to read it.
Example: if one wishes to execute a holographic will, under
Philippine law, the law requires that the holographic will must
be handwritten by the testator, all the pages must be signed by
the testator, all pages must be dated by the testator, so do you
have to read it? You only have to examine it and see if it is
handwritten, signed, dated. Absence of one or any of the pages,
would render the entire will void. So that is what is meant by
external appearance.
The manner in the preparation of the document has nothing to
do whatsoever with the validity of what is found in the docu-
ment because that would now refer to the intrinsic validity of
the testamentary provisions. Thus if it is executed in the PHL,
even if he were a foreigner, then he is to comply with the
requirements because if it is executed in the PHL, then it
has to comply with and its preparation has to be in accord-
ance with the law established under PHL law.
Principle of Exterritoriality
Article 17 (2) recognizes the principle of exterritoriality. The acts
referred to in Article 17 (1), when executed before the Philip-
pine diplomatic and consular office in their offices abroad are
considered don win the Philippines as said offices, although
found abroad,a re considered extensions of the Philippine ter-
ritory.
That being the situation, the solemnities required by the Phil-
ippine law shall be observed in the execution of such acts and
contracts. Any question on the validity of said acts and con-
tracts shall be determined by Philippine law.
Exterritoriality — has a reference to the extension of the ter-
ritory of a country in another country which extension is recog-
nized under international law; the offices of diplomats and am-
bassadors are considered extensions of the territory of the
country.
Territoriality — refers to the principle whereby all persons,
whether foreigners or nationals, who commit crimes or violate
penal laws and this of public scrutiny and safety shall be liable
9

for prosecution in the territory or place of commission of the
acts.
Extraterritoriality — the principle recognized in criminal law
whereby crimes committed on board vessels and airships of a
country, although in international waters or space, shall be trial
by the courts of the said country. Under Article 2, RPC, the PHL
has jurisdiction over certain crimes committed outside its terri-
torial boundaries.
Second paragraph
Exception: If the foreigner would now execute the holographic
will before his consular or diplomatic official then the law of his
country will govern respecting the preparation of the holo-
graphic will. The same holds true with us. If we go to a foreign
country, we make a will, then we can execute the will in two
ways:
1. In accordance with the law of the country where it is exe-
cuted, or
2. In accordance with the PHL law if you go to the consular
office.
Third paragraph
And the third paragraph of Article 17 applies in relation to Ar-
ticle 15 on laws relating to family rights or duties because it
would refer to the properties that would be covered by foreign
judgments, conventions, determinations, shall not be rendered
ineffective, so that is more relatable to Article 15 rather than to
Article 17.
Article 18. In matters which are governed by the Code of
Commerce and special laws, their deficiency shall be sup-
plied by the provisions of this Code.
Role of the Civil Code in case of deficiency in the Code of
Commerce and special laws
If the Code of Commerce or special laws are insufficient or de-
ficient, the Civil Code shall be applied to supply the deficiency,
in other words, the Civil Code is suppletory.
Rule in case of conflict between the Civil Code and a special
law
The general rule is that in case of conflict between the Civil
Code and a special law, the latter prevails.
HUMAN RELATIONS
We start on the Chapter on Human Relations.
Human Relations — refers to the rules needed to govern the
interrelationships of human beings in a society for the purpose
of maintaining social order.
PRINCIPLE OF ABUSE OF RIGHTS.
Article 19. Every person must, in the exercise of his rights and
in the performance of his duties, act with justice, give every-
one his due, and observe honesty and good faith.
10
Principle of Abuse of Rights — term is used to refer to acts
performed which are not illegal but nevertheless make the actor
liable for damages, if in so acting or in exercising his right, his
purpose is to prejudice or injure another.
Elements
As stated in Far East Bank and Trust Company v. Pacilan, Jr.,
the elements of an abuse of rights are:
1. there is a legal right or duty
2. which is exercised in bad faith
3. for the sole intent of prejudicing or injuring another
#1 of which is the principle of abuse of rights — that, every
person must, in the exercise of his rights and in the perfor-
mance of his duties, act with justice, give everyone his due, and
observe honesty and good faith.
Now, for abuse of rights to arise, in the case of Far East Bank
v. Pacilan, Jr., there must be the presence of the three ele-
ments in order that the person injured by the exercise of such
a right may be entitled to the attainment of damages because
the exercise of the right is exercised with bad faith. The exercise
of the legal right or duty is with bad faith and with the sole
purpose or intention of prejudicing or injuring another.
Rationale behind principle
The exercise of a right ends when the right disappears, and it
disappears when it is abused, especially to the abuse of others.
Good faith — an honest intention to refrain from taking undue
advantage of another; an honest intention to abstain from tak-
ing any unconscientious advantage of another; always pre-
sumed.
Bad faith — the opposite of good faith; presupposes a dishon-
est purpose or some moral obliquity and conscious perfor-
mance of a wrong; mere bad judgment or negligence does not
necessarily mean bad faith; never presumed.
Limitation
The provisions on human rights are merely guides for human
conduct in the absence of specific legal provisions and definite
contractual provisions.
Damnum absque injuria — damage without prejudice; a per-
son who only exercises his legal rights does no injury (que jure
suo utitur nullum damnum facit); if damages result from such
exercise of legal rights, it is damnum absque injuria.
ACTS CONTRARY TO LAW.
Article 20. Every person who, contrary to law, willfully or neg-
ligently causes damage to another, shall indemnify the latter
for the same.
Damages vs. Injury
Damages Injury
is the loss, hurt, or harm is the illegal invasion of a le-
which results from the injury gal right
10
 11
• vindication or recognition of a right violated or invaded,
There can be damage without injury in those instances which and not for the purpose of indemnifying the plaintiff for
the loss or harm was not the result of a violation of a legal duty any loss suffered by him
— damnum absque injuria.
4. Temperate damages
ACTS CONTRARY TO MORALS. • pecuniary damages when the amount of damages can-
Article 21. Any person who willfully causes loss or injury to not be proven
another in a manner that is contrary to morals, good cus-
toms, or public policy shall compensate the latter for the dam- 5. Actual damages
age. • actual expenses incurred; the party who suffered must be
able to prove that he suffered; official receipts must be
Reason for the Article presented
There are many injurious acts that are contrary to public policy
but are not forbidden by statute which have not been foreseen 6. Liquidated damages
by the lawmakers. • damages agreed upon by the parties in case of breach

Requisites for recovery of damages Breach of promise to marry

Damages are recoverable even though no positive law has been • not actionable unless there is criminal or moral seduction
violated but it is necessary that: where in there must be:
1. the act should have been willfully done, and 1. deception
2. it is contrary to morals, good customs, or public policy. 2. enticement
3. superior power
Article 20 vs. Article 21 4. abuse of confidence on the part of the seducer to
which the women yielded
Article 20 Article 21 • no court can compel the promisor to marry the promisee
• right to marry is a personal one that cannot be subject to ju-
— What the act is contrary to —
dicial compulsion
Act is contrary to morals, good cus-
Act is contrary to law
toms or public policy UNJUST ENRICHMENT.
Article 22. Every person who through an act of performance by
— How the act is done —
another, or any other means, acquires or comes into posses-
sion of something at the expense of the latter without just
Act is done willfully or negligently Act is done willfully
or legal ground, shall return the same to him.

Reason for the Article

Articles 20 and 21
Article 20: acts is contrary to law
Article 21: acts contrary to morals, public order, and public pol-
icy
But in order for the injured party to be entitled to damages, the
act must be willful or it must be negligent. Without that willful-
ness or negligence on the part of the party who caused the in-
jury to the other party, there can be no payment for damages.
Damages which can be prayed for from the court
1. Moral damages
• may be recovered if the proximate result of defendant’s
wrongful action is/are humiliation, sleepless nights, men-
tal anguish, physical suffering, besmirched reputation,
serious anxiety, and etc.
2. Exemplary damages
• to serve as an example; serves as a deterent against neg-
ative or negative incentive to curb seriously deleterious
actions.
3. Nominal damages
Article 22 is the incorporation of the doctrine that no person
should unjustly enrich himself at the expense of another, which
has been one of the mainstays of every legal system for centu-
ries.
Principle against unjust enrichment — memo cum alterius
detrimento locupletari potest — no one shall unjustly enrich
himself at the expense of another.
Coverage
The article is applicable only if:
1. someone acquires or comes into possession of “something”
which means delivery or acquisition of “things,” and
2. acquisition is undue and at the expense of another, which
means without just or legal ground.
When there is unjust enrichment
There is unjust enrichment when:
1. a person is unjustly benefited
2. such benefit is derived at the expense of or with damages
to another
Limitation of action in rem verso
This action is for the recovery of what has been paid without
just cause; it can only be availed of if there is no other remedy
to enforce it based on contract; this action is only subsidiary.
11

Requisites of action in rem verso
In order that an action under Article 22 on unjust enrichment
may prosper, the following conditions must concur:
1. that the defendant has been enriched;
2. that the plaintiff has suffered a loss;
3. that the enrichment of the defendant is without just or legal
ground; and
4. that the plaintiff has no other action based on contract,
quasi-contract, crime, or quasi-delict.
Action in rem verso vs. Solutio indebiti
Action in rem verso Solutio indebiti
it is not necessary that the
payment be made by mistake
payment was made by mis-
payment could have been take, which is an essential el-
made knowingly and volun- ement to maintain the action
tarily, but nevertheless, there for recovery.
would be recovery of what
has been paid.
A property acquired by virtue of a final judgment rendered
by a court of competent jurisdiction, cannot be said to have
been acquired without just or legal ground.
The government cannot enrich itself at the expense of an-
other.
Thus, if the government has already realized the revenue which
is the object of the imposition of the subject stamp tax, it could
no longer require the payment of the same tax for the same
documents.
Article 23. Even when an act or event causing damage to an-
other’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.
Then we go to Article 23. This is based on equity. That, as a
general rule, any involuntary act does not give rise to an obli-
gation on the part of the person who committed an involuntary
act, however, if he has been benefitted by such involuntary act,
then the obligation to reimburse or indemnify the other party
of damages, arises.
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.
Doctrine of parens patriae — “father of his country”; the law
seeks the welfare of the incapacitated, disadvantaged, and
handicapped being unable to fully protect themselves; refers to
the inherent power of the State to provide protection of the
12
person and property of a person non sui juris; the State has the
sovereign power of guardianship over persons under disability.
The State as parens patriae is obliged to minimize the risk of
harm to those who, because of their minority (or incapacities)
are as yet unable to take care of themselves fully.
When laws are doubtful, the doubt is resolved in favor of the
weak or disadvantaged.
Article 24 is the application of the doctrine of parens patriae
where the State is the parent over the incapacitated. The inher-
ent power of the State to provide protection over the incapac-
itated. That would refer to the doctrine of parens patriae.
Article 25. Thoughtless extravagance in expenses for pleas-
ure or display during a period of acute public want or emer-
gency may be stopped by order of the courts at the instance of
any government or private charitable institution.
Requisities for filing of actions to stop extravagance
The requisites for the filing of actions to stop thoughtless ex-
travagance are:
1. There is thoughtless extravagance in expenses;
2. The extravagance is for pleasure or display;
3. There is a period of acute public want or emergency;
4. The case is filed in court by a governmental institution or
private charitable institution.
There is no application of Article 25 bc we are not in a period
of acute public want or emergency.
ACTS NOT CONSTITUTING A CRIMINAL OFFENSE BUT
SHALL PRODUCE A CAUSE OF ACTION FOR DAMAGES.
Article 26. Every person shall respect the dignity, personality,
privacy, and peace of mind of his neighbors and other per-
sons. The following and similar acts, though they may not con-
stitute a criminal offense, shall produce a cause of action for
damages, prevention, and other relief: (PMIV)
1. Prying into the privacy of another’s residence;
2. Meddling with or disturbing the private life or family rela-
tions 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.
The coverage of the article is not limitative
The acts mentioned are just examples of acts violative of a per-
son’s rights to dignity, personality, privacy, and peace of mind.
Other similar acts are also covered within the scope of the arti-
cle.
Right of privacy — the right to be left alone; the right of a
person to be free from unwarranted publicity; and the right to
live without unwarranted interference by the public in matters
with which the public is not necessarily concerned.
12

Invasion of privacy — the unwarranted appropriation or ex-
ploitation of one’s personality, publicizing one’s private affairs
with which the public has no legitimate concern, or wrongful
intrusion into one’s private activities, in such a manner as to
cause mental suffering, shame, or humiliation to a person of
ordinary sensibilities.
Torts actions for invasion of privacy
Tort actions for invasion of privacy shall fall into 4 general clas-
ses:
1. Appropriation — consisting of appropriation, for the de-
fendant’s benefit or advantage, of the plaintiff’s name or
likeness;
2. Intrusion — consisting of intrusion upon the plaintiff’s sol-
itude or seclusion, as by invading his home.
3. Public disclosure of private facts — consisting of a cause
of action in publicity, of a highly objectionable kind, given
to private information about the plaintiff, even though it is
true and no action would lie for defamation.
4. False light in the public eye — consisting of publicity
which places the plaintiff in a false light in the public eye.
Prying into the privacy of another’s residence
This includes any act of intrusion into, peepinh or peering in-
quisitively into the residence of another without the consent of
the latter.
Disturbance of private life or family relations of another
A woman cannot be made liable for alienation of the affections
of the husband (of another woman) for being merely the object
of the affections of said husband. To be liable, she must have
done some active acts calculated to alienate the affections of
the husband. She must, in a sense, be a pursuer, not merely
pursued.
A prostitute is not liable for alienation of affections of the hus-
band of another woman for having sexual intimacies with him
on a chance occasion.
But, a defendant, who purposely entices the spouse of another,
to alienate his or her affections with his or her spouse, even if
there are no sexual intimacies, is liable for damages under the
Article.
However, if there is no more affection that can be alienated, no
recovery of damages could be made.
Meddling with or disturbing the private life or family rela-
tions of another
These acts are multifarious, and yet many of them are not within
the purview of the laws in force. Alienation of the affection of
another’s wife or husband, unless it constitutes adultery or con-
cubinage, is not condemned by the law, much as it may shock
society.
Alienation from one’s friends
A person who committed affirmative acts intended to alienate
the existing friendship one with his friends is liable for damages.
13
Man is a social being and for being so, he needs friends to so-
cialize with and depend on in case of need.
Vexing or humiliating another on account of his religious
beliefs
Social equality is not sought by the legal provision under con-
sideration, but due regard for decency and propriety.
On the obligation of every person to observe what? Ano ang
obligation under Article 26? To respect the dignity personality,
privacy, and peace of mind of his neighbors and other persons.
And those four acts without constituting criminal offenses how-
ever, may give rise to the payment of damages, protection, pre-
vention, and other relief.
LIABILITY OF A PUBLIC SERVANT OR EMPLOYEE.
Article 27. Any person suffering material or moral loss be-
cause 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 action that may be taken.
Requisites for filing an action
1. a public servant or employee refuses or neglects to per-
form his official duty;
2. there is no valid reason for the refusal or neglect to per-
form official duty;
3. that injury or damage is suffered by the plaintiff.
Coverage
Acts of Nonfeasance
- non-performance of some acts which a person is
obliged or has responsibility to perform;
- omission to perform a required duty at all,
- total neglect of duty
Nonfeasance, misfeasance, malfeasance
Nonfeasance Misfeasance Malfeasance
omission improper illegal
omission of an act improper doing of doing of an act which
which a person an act which a per- a person ought not
ought to do son might lawfully to do at all
do
Nature of the duty
Purely ministerial — that is, the law absolutely requires him
to perform it.
If the act is discretionary, he is not liable for his refusal or ne-
glect to perform it unless he acted in a notoriously arbitrary
manner.
UNFAIR COMPETITION.
Article 28. Unfair competition in agricultural, commercial,
or industrial enterprises or in labor through the use of force,
13
 14
intimidation, deceit, machination of any other unjust, oppres- General rule: A civil action is deemed instituted in a criminal
sive, or high-handed method shall give rise to a right of action action.
by the person who thereby suffers damage.
Exceptions: A separate civil action could be filed when:
Unfair competition — consists in employing deception or any 1. Right to institute a separate civil action is reserved;
other means contrary to good faith by which any person shall 2. There is waiver to institute civil action;
pass off the goods manufactured by him or in which he deals, 3. Civil action is instituted prior to the criminal action.
or his business, or services for those of the one having estab-
lished goodwill, or committing any acts calculated to produce Criminal action vs. Civil actions
such result; it is punishable under Article 189 of the Revised Pe-
Criminal action Civil action
nal Code.
Nature affects social order affects private rights
True test of unfair competition
The true test of unfair competition is whether certain goods punishment or correc- reparation of damages
have been intentionally clothed with an appearance which is Purpose tion of the offender suffered by the ag-
likely to deceive the ordinary purchaser exercising ordinary grieved party
care, and not whether a certain limited class of purchasers with
special knowledge not possessed by the ordinary purchases Degree
proof beyond reasona- preponderance of evi-
could avoid mistake by the exercise of this special knowledge. of proof
ble doubt dence
required
Reason
The Code Commission justifies the inclusion of this Article stat-
ing that it is necessary in a system of free enterprise.
Acquittal which bars civil action
CIVIL LIABILITY ARISING FROM A CRIMINAL OFFENSE If the acquittal is anchored on the finding that:
(ARTICLES 29 TO 35). 1. the accused is not the author of the crime, or
Article 29. When the accused in a criminal prosecution is ac- 2. no crime existed on which the civil action ex delicto is based,
quitted on the ground that his guilt has not been proved be- an action for damages based on the same act or omission
yond reasonable doubt, a civil action for damages for the is barred;
same act or omission may be instituted. Such action requires 3. when the acquittal is based on pure innocence and not on
only a preponderance of evidence. Upon motion of the de- reasonable doubt, or
fendant, the court may require the plaintiff to file a bond to 4. if there is a finding that in a final judgment in the criminal
answer for damages in case the complaint should be found to action that the act or omission from which the civil liability
be malicious. may arise did not exist.

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.
The kind of acquittal contemplated
Under Rule 133, Section 2, Rules of Court, the accused is entitled
to an acquittal, unless his guilt is shown beyond reasonable
doubt.
Acquittal should be based on either of the following:
1. the guilt of the accused has not been proven beyond rea-
sonable doubt;
2. the accused is not the author of the crime;
3. the crime complained of did not exist.
Acquittal which does not bar civil action
If the decision contains a declaration that:
1. the civil liability of the accused is not criminal but only civil;
or
2. the civil liability is not derived from or based on the criminal
act of which the accused is acquitted, civil action will still
prosper, or
3. when the civil action is based on quasi-delict, it is not
barred,
4. when the acquittal is based on reasonable doubt;
5. when the case is dismissed based on prescription.
Kind of civil action referred to
Article 29 refers to dependent civil actions and not to inde-
pendent civil actions. The civil action, therefore, depends upon
the outcome of the criminal case.

What is contemplated under Article 29 is an acquittal where Basic difference of civil actions (ex delicto) from independ-
the guilt of the accused is based on reasonable doubt. Such ent civil actions
kind of acquittal does not bar the filing of a civil action for dam- Dependent civil actions Independent civil actions
ages against the defendant for the same act or omission. But,
as the action is now civil, only a preponderance of evidence suf- if not reserved, will be can proceed simultaneously
fices to establish the claim. deemed impliedly instituted and separately from the crim-
with the criminal action; inal action regardless of the
outcome of the latter.

14
 15

if reserved, they may be pros- if the civil action is not an in-
ecuted independently like dependent civil action, but a
the independent civil actions dependent civil action based
but must await the outcome on the crime being prose-
of the criminal case to which cuted, the said civil action
they are dependent. must be suspended, whether
it was filed ahead but over-
taken by the criminal action,
or filed after the criminal ac-
tion, and should await the
outcome of the criminal case;
there is a possibility that may
be barred if there is acquittal
that completely exonerates
the accused from the crime,
including civil liability.
When the reservation should be made
At any time before the prosecution starts to present its evi-
dence and under circumstances affording the offended party a
reasonable opportunity to make such reservation.
Exception: There can be no reservation if it involves cases un-
der B.P. 22.
judge handling the criminal case was duly informed thereof;
however, a subsequent action may be barred by the accused
if it is found to be malicious.
This is based on the principle that any person who is criminally
liable is also civilly liable, Article 100 of the Revised Penal
Code.
That if the act or the the civil action is based on the civil action
is based on the act or official complaint of a felony, these are
what you call as dependent civil actions, and there is no need
for the injured party to go to a private lawyer because the law
provides that these are deemed impliedly instituted with the
criminal proceedings unless the injured party reserves the right
to institute a separate civil action or waives the right to institute
a separate civil action.
But there is one civil action that the Court prohibits reservation
and this is civil action arising from the violation of Batas Pam-
bansa Bilang 22. It is always deemed impliedly instituted with
the criminal case.
So what happens if the Court finds that if there is already a civil
action instituted ahead of the criminal case and subsequently,
the criminal case is filed. The effect would be is to suspend the
civil action to await for the determination or resolution of the
criminal case because the civil action is based on the act or
omission complained of as a felony.

Effect of reservation It is dependent on the resolution or determination of the crim-

Whether the civil action is filed ahead or after the filing of the
criminal action, the civil action has to be suspended until the
termination of the criminal action because it is dependent on
the ruling criminal cases.
Whenever the offended party shall have instituted the civil ac-
tion before the filing of the criminal action and the criminal ac-
tion is subsequently commenced, the pending civil action shall
be suspended, whatever stage before final judgment it may be
found, until final judgment in the criminal action has been ren-
dered.
When dependent ciivl actions for recovery of damages can
be instituted
Dependent civil actions for recovery of damages can either be:
1. Instituted with the criminal action — the prosecution in
the criminal case needs to prove the damages of the of-
fended party since the civil aspect included is included in
the criminal case. This happens when the offended party
failed to make a reservation to pursue a separate civil ac-
tion.
2. Separate civil action — could be prosecuted during the
pendency of the civil action subject only to the limitation
that there shall be no double recovery of damages; this hap-
pens when the offended party made a reservation to insti-
tute the civil action separately before the prosecution starts
to present its evidence; also allowed when the civil action
was instituted prior to the presentation of evidence of the
prosecution even if there was no reservation made and the
inal case. In fact, if the criminal case is filed ahead or prior, and
subsequently or thereafter, or before that, a criminal case if
filed, the Court hearing the criminal case in order for the con-
solidation of both the criminal and civil cases, inasmuch as the
civil case is dependent on the criminal case.
So, in the case of People v. Bayotas likewise in the case of
People v. Dionaldo, the general rule on extinction of criminal
liability is it does not carry with it the extinction of the civil lia-
bility, does not apply because in both cases, in the case of Ba-
yotas, there was an appeal and during the pendency of the ap-
peal, meaning no final judgment or conviction has yet been
made by the Court, and because he died during the pendency
of the appeal, his guilt cannot be established beyond reasona-
ble doubt and thus there can be no more basis for the civil ac-
tion so it carries with it the death also of the civil liability. In the
case of Dionaldo, there was a conviction, but he filed a motion
for reconsideration. During the pendency of the MfR, the ac-
cused died. So with his death is also the extinction of civil lia-
bility.
Now, Daluraya v. Oliva provides for the exceptions where
there can be no civil liability because these are the grounds
where no civil action may be obtained if the fact from which the
civil action might arise does not exist. #2, in the civil case of
Daluraya, the accused did not commit the crime because it
could not be established that it was he who was driving the van
at the time that the accident occurred and that the witnesses
merely saw the accident but did not identify as to the person
responsible for the accident. They could not identify the driver
of the van. Likewise, the testimony of the doctor also did not
15

identify the driver of the van. He merely testified as to the death
of the victim. So, inasmuch as there is no basis to hold the ac-
cused for civil liability because it could not be established that
the he was responsible for the crime, then there is no basis for
the award of civil liability or that no crime was committed. So
these are the instances where no civil liability shall attach.
Unlike that of Article 29 where there is already a judgment,
however, the judgment of acquittal is not based on the fact of
any of the three but rather, his guilt has not been proved be-
yond reasonable doubt, so he might have committed the of-
fense charged only that there was a failure on the part of the
prosecution to prove the guilt of the accused beyond reasona-
ble doubt thus entitling the injured party because there was no
award of damages to institute a separate civil action of dam-
ages, but the defendant may pray from the Court that the com-
plainant post a bond to answer for damages in the event that
the complaint is found to malicious (?). And this time, what is
only required to be proof is mere preponderance of evidence.
In Basilonia v. Villaruz, there was no basis for the execution
of the writ because it took the heir more than 15(?) years before
it decided to file to the Court a motion for execution of the writ.
He sleept on his rights.
All civil actions are dependent except those falling under:
1. Article 31 — civil action not based on the act or omission
complained of as a felony.
2. Article 32 — violation of one’s civil liberties, whether direct
or indirect, committed by a public employee or official, or
any private individual.
3. Article 33 — fraud, defamation, or physical injuries (inten-
tionally committed; used in its generic sense — includes
those that cause death).
4. Article 34 — refusal of any member of the municipal or city
police force to render aid or assistance in times of danger
to life or property without just cause.
5. Article 2176 — quasi-delict.
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.
Coverage
Like Article 29, this Article does not cover independent civil ac-
tions. It speaks of dependent civil actions which are impliedly
instituted in the criminal action unless the offended party ex-
pressly reserves the right to institute them separately.
Contemplated in the article is a situation where no criminal
case had been filed during the pendency of the civil case.
However, the action will be suspended if in the meantime, the
criminal case is filed.
16
If the criminal action had already been instituted, no civil action
arising from the offense could be prosecuted until final judg-
ment has been rendered in the criminal action.
The civil action which was filed ahead of the criminal action may
be consolidated with the latter case upon motion of the of-
fended party.
When reservation should be made
The reservation of the right to institute separately the civil ac-
tion shall be made before the prosecution starts presenting its
evidence and under circumstances affording the offended party
a reasonable opportunity to make such reservation.
It is not before the prosecution has rested its case but before
the start of the presentation of its evidence.
Effect of failure to make a reservation
If the offended party failed to make a reservation of a depend-
ent civil action, then the civil aspect of the case is deemed in-
stituted with the criminal case. This means that the civil liability
of the defendant will be determined in the criminal proceedings
and it cannot be the subject of a separate case. It is barred.
However, cases arising from Articles 32, 33, 34, and 2176 are not
included. They are exceptions to the general rule being inde-
pendent civil actions.
Note that cases arising from Article 31, although not referred to
as independent civil actions, are prosecuted independently of
the criminal action for being based on culpa contractual such
as breach of contract of carriage.
Now we go to actions where the law grants an independent
civil action. Meaning it can proceed independently from the
criminal proceedings and regardless of the result of the latter,
shall only require a mere preponderance of evidence.
Article 31. When the civil action is based on an obligation
not arising from the act or omission complained of as a fel-
ony, such civil action may proceed independently of the crimi-
nal proceedings and regardless of the latter.
Coverage
The civil action contemplated in the Article is one which arises
not from the act or omission complained of as a felony. It arises
from some other acts.
The civil action, not being based on the crime for which the de-
fendant is being prosecuted, it can proceed independently of
the criminal proceedings and regardless of the result of the lat-
ter. In other words, despite the acquittal of the defendant, a civil
action can still be filed against him.
Sources of obligations
Article 1157 of the Civil Code. — Obligations arise from:
1. law;
2. contracts;
3. quasi-contracts;
4. acts or omissions punished by law; and
5. quasi-delicts.
16

Where the civil action is based on an obligation not from the
act or omission complained of as a felony, it is not one where
the law grants an independent civil action. Rather, the basis for
the institution of the civil action is sourced from an obligation.
From any of the sources of obligation which might be the law,
contract, quasi-contract, quasi-delict, but not the delict itself,
because it is the delict that it is a dependent civil action.
Article 32. Any public officer or employee, or any private in-
dividual, 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 pro-
cess of law;
7. the right to a just compensation when private property is
taken for public use;
8. the right to 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 right of privacy of communication and correspond-
ence;
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 free from involuntary servitude in any
form;
15. the right of the accused against excessive bail;
16. the right of the accused to be heard by himself and coun-
sel, to be informed of the nature and cause of the accu-
sation 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 confess-
ing becomes a State witness;
18. freedom from excessive fines, or cruel and unusual punish-
ment, unless the same is imposed or inflicted in accord-
ance 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 of-
fense, the aggrieved party has a right to commence an en-
tirely separate and distinct civil action for damages, and for
other relief. Such civil action shall proceed independently of
17
any criminal prosecution (if the latter be instituted), and may be
proved by a preponderance of evidence.
The indemnity shall include moral damages. Exemplary dam-
ages 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.
Coverage
This Article provides for the imposition of damages upon
1. any public officer,
2. any public employee, or
3. any private person
who directly or indirectly obstructs, defeats, violates, or in any
manner impedes or impairs the 19 listed civil rights and liber-
ties.
This is one where the law grants an independent civil action.
This would refer to violation of one’s constitutional rights and
liberties, which may be committed by a public official or em-
ployee or a private person directly or indirectly. However, take
note that the responsibilities mentioned in Article 32 shall not
be demandable from a judge unless the act of the judge would
constitute a criminal offense.
So if the person is sentenced to the penalty of imprisonment,
the convict cannot sue the judge for damages. The remedy of
the convict is to file a motion for reconsideration or to appeal
the conviction and not to hold the judge liable for damages
because of the express provision of Article 32, exempting the
judge from responsibilities mentioned in Article 32.
Article 33. In cases of defamation, fraud, and physical inju-
ries, a civil action for damages, entirely separate and dis-
tinct 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.
Coverage
This Article covers 3 groups of criminal offenses, to wit:
1. defamation — includes libel (writing, printing, etc) and
slander (oral);
2. fraud — covers estafa or swindling; and
3. physical injuries — not confined to the crime of physical
injuries Articles 262, 263, 264, 265, and 266 of the Revised
Penal Code; it is used in the generic sense and covers all
kinds of physical injuries, including attempted, frustrated,
or consummated homicide.
If the acts complained of do not constitute criminal offenses,
the civil action is just an ordinary civil action and not an inde-
pendent civil action. The latter presupposes the existence of a
criminal offense based on the same facts.
This is the only provision of the law that grants these three
criminal acts independent civil action. There are only three and
the third on physical injuries — the physical injuries to be con-
17

sidered as falling under Article 33 must be intentionally com-
mitted. These must be ones committed with intent because if
there is reckless imprudence which would fall under Article
2176. And moreover, the physical injuries mentioned in this
provision would also apply to physical injuries that would result
to death because it is used in its generic application.
Article 34. When a member of a city or municipal police
force refuses 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 rec-
ognized shall be independent of any criminal proceedings, and
a preponderance of evidence shall suffice to support such ac-
tion.
This is for purposes of academic discussion only. The police are
now under the DILG and not the city or municipal mayor’s su-
pervision.
This would refer to the refusal of the member of the city or the
municipal police force to render aid or assistance in case of
emergency when there is danger to life or property. The mem-
ber of the police force shall be primarily liable for damages and
the city or municipality shall be subsidiarily liable.
Article 35. When a person, claiming to be injured by a criminal
offense, charges another with the same, for which no independ-
ent civil action is granted in this Code or any special law, but
the justice of peace finds no reasonable grounds to believe
that a crime has been committed, or the prosecuting attor-
ney refuses or fails to institute criminal proceedings, the
complainant 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 mali-
cious.
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 proceed-
ings.
Coverage
What is covered in the Article is a situation where the act or acts
committed constitute a criminal offense but there is no inde-
pendent civil action authorized by the Civil Code or any special
law. The offended party is allowed to file a civil action for dam-
ages against the offender.
It also covers situations:
1. where a municipal judge of a municipality who is authorized
to conduct preliminary investigation dismisses a criminal
case for lack of reasonable ground to hold the accused for
trial; or
2. when the public prosecutor fails to institute any criminal
case against the alleged offender.
Under the above situations, the offended party can file the civil
action for damages with the proper court.
18
Refers to the refusal of the judge to institute criminal proceed-
ings so the injured party is given the right to institute a separate
civil action, however, if the prosecuting attorney or fiscal would
subsequently file a criminal case, then the effect would be to
suspend the civil action.
PREJUDICIAL QUESTIONS.
Article 36. Pre-judicial questions, which must be decided be-
fore any criminal prosecution may be instituted or may pro-
ceed, shall be governed by rules of court which the Supreme
Court shall promulgate and which shall not be in conflict with
the provisions of this Code.
Coverage — is one which must be decided first before a crim-
inal action may be instituted or may proceed because a deci-
sion therein is vital to the judgment in the criminal case.
(Pineda)
It is one based on a fact distinct and separate from the crime
but so intimately connected with it that it determines the guilt
or innocence of the accused, and for it to suspend the criminal
action, it must appear not only that said case involves facts
intimately related to those upon which the criminal prose-
cution would be based but also that in the resolution of the
issue or issues raised in the civil case, the guilt or innocence
of the accused would be necessarily determined.
It generally comes into play in a situation where a civil action
and a criminal action are both pending and there exists in the
civil action an issue that must be preemptively resolved be-
fore the criminal action may proceed, because howsoever
the issue raised in the civil action is resolved would be determi-
native juris et de jure of the guilt or innocence of the accused in
the criminal case.
Rationale
The rationale behind the principle of suspending a criminal case
in view of a prejudicial question is to avoid:
• two conflicting decisions (which will cause 2 conflicting de-
cisions will cause absurdity, damage, and image and integrity
of the courts, and more, the accused will be placed at great
disadvantage) and
• a multiplicity of suits and prevent vexatious litigations, con-
flicting judgments, confusion between litigants and courts.
The rationale for the principle of prejudicial question is that alt-
hough it does not conclusively resolve the guilt or innocence of
the accused, it tests the sufficiency of the allegations in the
complaint or information in order to sustain the further
prosecution of the criminal case.
There is no prejudicial question if the civil and the criminal
action can, according to law, proceed independently of
each other.
Elements of a prejudicial question
The 2000 Revised Rules on Criminal Procedure (effective De-
cember 1, 2000) provides for the essential elements of a preju-
dicial question as well as the forum and the time when it should
be invoked:
18

Section 7. Elements of a prejudicial question. — The elements
of a prejudicial question are:
a. the previously instituted civil actions involves an issue sim-
ilar or intimately related to the issue raised in the subse-
quent criminal action, and
b. the resolution of such issue is determines whether or not
the criminal action may proceed.
Now, if the court finds that there exists a prejudicial question,
it does not have any authority whatsoever, as held in the case
of Yap v. Paras, to suspend the criminal proceedings motu pro-
prio (latin. of his own motion), so there must be a petition or
motion which was subsequently reiterated by the SC in the case
of PASI v. Lichauco. Where the DAP investigating officer, with-
out waiting for the motion or petition, instead recommended
that the complaint filed against Lichauco be dismissed because
there exists a prejudicial question. So it is not proper for the
court or any tribunal for that matter to suspend the proceed-
ings of its own without waiting for the petition or motion be-
cause the law does not grant that to the tribunal or to the judi-
cial authority. So, there must be a petition.
Who can invoke pre-judicial question
It is the defendant and not the prosecutor especially after he
had presented the evidence for the prosecution. It is unfair to
the accused who is entitled to a speedy trial.
Where and when to file petition for suspension
The petition for suspension of the criminal action based on the
existence of a prejudicial question may be filed —
a. before the office of the prosecutor (municipal or judge)
during the pendency of the preliminary investigation, or
b. before the trial court but before the prosecution has rested
its case.
If the respondent failed or forgot to raise the question in the
preliminary investigation stage, he may still raise it before the
trial court at the appropriate time. There is no bar.
If the respondent raised the question before the prosecutor but
the latter denied the petition for suspension of the preliminary
investigation, similarly, the same respondent, as the accused in
the criminal case may still raise the matter before the trial court.
There is no prohibition for raising it again.
Section 11, Rule 116 allows for the suspension of the arraign-
ment on the ground of an existing prejudicial question (and
even after arraignment or during trial so long as prosecutor has
not rested its case yet.)
Now where do you file? It would depend on where was now
that criminal complaint. If it is still a complaint, then you file that
before the office of the city prosecutor determining of the ex-
istence of probable cause. Otherwise, if the criminal case has
already been filed, then you file that before the court where the
criminal case is being heard. At any time before the prosecution
rests its case, if it is already in court. So, that is the time frame
19
in which the accused may file a petition for the suspension of
the criminal proceedings on the ground that there exists a prej-
udicial question.
May a prejudicial question be waived?
Yes. Since the suspension of the criminal case due to a prejudi-
cial question is only a procedural matter, the same is subject to
a waiver by virtue of the prior acts of the accused.
And in Tuanda v. Sandiganbayan, the SC of course said that
there exists a prejudicial question. That is one case where the
SC said that all the elements are present. Now, in the cases,
however, of Yap, Dreamwork, Pimentel, and Consing.
Why was there no prejudicial question in Consing?
What was the reason given by the Court?
It is well settled that a civil action based on defamation, fraud
and physical injuries may be independently instituted pursuant
to Article 33 of the Civil Code, and does not operate as a prej-
udicial question that will justify the suspension of a criminal
case. This was precisely the Court’s thrust in G.R. No. 148193,
thus: Moreover, neither is there a prejudicial question if the civil
and the criminal action can, according to law, proceed inde-
pendently of each other. Under Rule 111, Section 3 of the Re-
vised Rules on Criminal Procedure, in the cases provided in Ar-
ticles 32, 33, 34 and 2176 of the Civil Code, the independent
civil action may be brought by the offended party. It shall pro-
ceed independently of the criminal action and shall require only
a preponderance of evidence. In no case, however, may the of-
fended party recover damages twice for the same act or omis-
sion charged in the criminal action. x x x x In the instant case,
Civil Case No. 99-95381, for Damages and Attachment on ac-
count of the alleged fraud committed by respondent and his
mother in selling the disputed lot to PBI is an independent civil
action under Article 33 of the Civil Code. As such, it will not
operate as a prejudicial question that will justify the suspension
of the criminal case at bar. Consing, Jr. vs. People, 701 SCRA
132, G.R. No. 161075 July 15, 2013
What are the exceptions why there is no prejudicial ques-
tion?
It’s for you to find out. In the case of People v. Arambulo, one
has no prejudicial question, the other has which involves the
issue on whether Buban really is an officer duly elected or au-
thorized to demand for the correction of the rentals that were
made by the spouses Victoria and the husband so if indeed Bu-
ban has no authority, then there is no basis for him to be de-
mand the correction of the rentals. So, if you remember the
requisites, there is no prejudicial question if one is an inde-
pendent civil action.
BOOK I — PERSONS
TITLE 1
CIVIL PERSONALITY
19
 20
Person — refers to any being, whether natural or artificial, sus- CHAPTER 1
ceptible of legal rights and obligations. General Provisions

2 classifications of persons JURIDICAL CAPACITY AND CAPACITY TO ACT.

1. Natural person — refers to human beings Article 37. Juridical capacity, which is the fitness to be the
2. Juridical person — refers to entities created by law or by a subject of legal relations, is inherent in every natural per-
group or association of men for certain lawful purposes. son and is lost only through death. Capacity to act, which is
the power to do acts with legal effect, is acquired and may
Natural persons vs. Artificial persons be lost.
Natural persons Artificial persons
Juridical capacity vs. Capacity to act
are visible products of pro- are invisible products of legal
Juridical capacity Capacity to act
creation fiction
passive active
have physical existence have none, existing only in
contemplation of law
is inherent in every human not inherent in every human;
human beinga corporations, partnerships, being (not in artificial per- it is merely acquired upon
and estates of deceased per- sons) fulfillment of certain condi-
sons tions or requisites fixed by
law

is the capacity to be the sub- the capacity to do acts with

ject of legal relations binding or legal effect
Personality — the embodiment of a collection of qualities in a
person; the quality of being a person. can exist without capacity to cannot exist without juridical
act capacity
Kinds of personalities
lost only through death may be lost through grounds
A person may pass 3 stages of personalities:
other than death
1. Presumptive or provisional — that is, while in the womb
of the mother;
2. Actual personality — after becoming a person; and
3. Artificial personality — after death.
Illustrations
Status — the position of an individual in relation to another or 1. Unborn child — has no capacity to enter into a contract;
others; a state or condition of affairs; the standing of a person it cannot actively do anything with binding effect as it lacks
before the law. the capacity to act.

It means state or condition; social position. The legal relation of
an individual to the rest of the community. The rights, duties,
capacities, and incapacities which determine a person to a
given class.
The particular status or condition of a person will depend on
what viewpoint he is being considered. A person has several
conditions or status in life like political, civil, economic, reli-
gious, educational, professional, sociological, mental condi-
tions, and others.
However, an unborn child can be the subject of legal rela-
tions provided it be born later to become a person.
Thus, it can be the subject of voluntary recognition by its
father, even before the child is actually born. This is juridi-
cal capacity on the party of the child — which capacity is
its fitness to be subject of legal relations.
Person of legal age (without any restrictions) — can en-
ter into any lawful contract with legal effect.

Examples: A person viewed from his political status — a person
can either be a citizen or a national of a particular country.
Viewed from one’s civil status, such as marriage — a person
may be single, married, widowed, divorcee, and so on.
Characteristics of status
1. It cannot be the subject of commerce;
2. It is imprescriptible;
3. It is not the subject of compromise;
4. The right to claim it cannot be renounced; and
5. Rights arising from it cannot be exercised by creditors.
2. Minor — cannot make a will until he reaches the age of 18
for lack of capacity to act, but he can be an heir, devisee, or
legatee, although he is a minor, for even such, he has jurid-
ical capacity.
Presumption is in favor of capacity to act
A person’s capacity to act is presumed if he had not been pre-
viously declared incapacitated and the presumption continues
until the contrary is proven.
Full civil capacity or “plena capacidad civil”

20

A person is considered to have full civil capacity if he has both
juridical capacity and capacity to act. This is what is known
as plena capacidad civil.
Juridical capacity, which is the fitness to be the subject of legal
relations, is inherent in every person and is lost only through
death. True or false? [False, natural person dapat]
Okay, natural person. It is only true if natural person but do ju-
ridical persons have capacity to act? [Yes]
YES! Because what are the powers granted to juridical per-
sons?
1. To sue and be sued
2. To enter into obligations
3. To enter into contracts
So who would act in behalf of the corporation? — The officers
or the employee duly authorized through the board resolution.
But it (corporation) does not have juridical capacity because it
is not a natural person. So juridical capacity is inherent in every
natural person and in relation to that is Article 40 — while it
may be true that it is birth that determines personality, the con-
ceived child or the unborn child, or the fetus, has juridical ca-
pacity and that is why, for as long as it is favorable to the child,
then it is considered to be valid because the unborn child or
fetus is granted what you call as temporary or provisional
personality which is subject to the conditions laid down in Ar-
ticle 41.
So, if there is a donation in favor of the child, that is a valid
donation even if the child is still in the womb of the mother. But
it is subject to the fulfillment of the conditions found in Article
41 which states that if it has an intrauterine life of less than
seven months, the child should be alive for at least 24 hours.
When do you count the 24-hour period? From the time of its
complete separation from the mother’s womb. But if it has an
intrauterine life of seven months or more, it is sufficient that it
is born alive at that time of its complete separation from the
maternal womb even if it dies a minute later because the only
requirement of the law is that the child is alive from the time of
its complete separation from the mother’s womb. Do you un-
derstand?
So what happens to the donation that was given to the child?
Then it becomes valid if any of the conditions laid down in Ar-
ticle 41 had been met because to make that act that is favorable
to the child to become vested, there must be compliance with
Article 41 because if the child dies, within the 24-hour period
without the period having lapsed yet, then donation is deemed
to be void because that provisional personality has already
been revoked, inasmuch as there was birth, only that there was
non-compliance with the requirements in Article 41, thus mak-
ing that donation invalid.
RESTRICTIONS ON CAPACITY TO ACT (ARTICLES 38 TO
39).
21
Article 38. Minority, insanity or imbecility, the state of being
a deaf-mute, prodigality and civil interdiction are mere re-
strictions on capacity to act, and do not exempt the inca-
pacitated person from certain obligations, as when the latter
arise from his acts or from property relations, such as ease-
ments.
Restrictions are not limitative
While a person may have capacity to act, he may have some
restrictions. The Article mentions of 6 restrictions, namely:
1. minority,
2. insanity,
3. imbecility,
4. deaf-mutism
5. prodigality
6. civil interdiction.
Minority
Under R.A. 6809, which was approved on December 13, 1979,
the majority legal age which used to be 21 was reduced to 18
years.
Those below 18 years are considered minors. Due to minority,
they are restricted in their capacity to act.
Restrictions of a minor:
1. He cannot enter into a valid contract of marriage (Article 14,
FC).
2. He cannot adopt (Article 183, FC).
3. He cannot make wills (Article 797, NCC).
4. He cannot be a witness to a will (Article 820, NCC).
5. He cannot give consent to a contract (Article 1327, para. 1,
NCC).
6. He cannot act as an executor or administrator of an Estate.
7. He cannot exercise the right of suffrage.
Instances when minors are still liable despite their minor-
ity:
1. A minor is liable for his torts or quasi-delicts. The liability in
the civil action is not for punishment but for compensation.
2. He is liable for the necessaries sold and delivered to him.
3. He is bound in contracts entered into in his behalf with ju-
dicial authorization.
4. A minor is estopped from disavowing his contract if he mis-
led the other party by pretending to be of legal age in a
deed of sale duly notarized.
Insanity
This is the legal term for mental disorder. It is a manifestation,
in language or conduct, of disease or defect of the brain, or a
more or less permanently diseased or disordered condition of
the mentality, functional, or organic, characterized by perver-
sion, inhibition, or disordered function of the sensory or of the
intellective faculties, or impaired or disordered volition.
Instances of restrictions of an insane person:
1. He cannot make a valid will or testament.
2. He cannot validly give consent to contracts.
3. He cannot act as an executor or administrator of an Estate.
21

Imbecility
Imbecility is not insanity. It is a manifestation of mental defi-
ciency or mental retardation.
In medical science, the general term is feeble-mindedness (or
mental retardation). It is different from mental disease, in which
the functions of a mind of normal capacity become disordered.
3 degrees of mental defect or feeble mindedness which are
recognized:
1. Idiocy — a person with an IQ below 20, who does not ad-
vance past a mental age of 3, is considered an idiot; custo-
dial care of idiots is necessary.
2. Imbecility — imbeciles have IQs below 50; may require
protective supervision.
3. Moronity — have IQs below 70; they can generally be
trained to take care of themselves and may even be able to
support themselves.
Presumption: It is presumed that every person is of sound
mind in the absence of proof to the contrary.
Deaf-mutism
A person who can neither hear nor speak is a deaf-mute, or is
deaf and dumb. The term applies particularly if the inability to
speak is due to congenital or early deafness. A deaf-mute is not
necessarily insane, hence, prescription runs against him.
Instances of restrictions of a deaf-mute:
1. He cannot give consent to contracts if he does not know
how to read and write.
2. He cannot personally accept or repudiate inheritance if he
does not know how to read and write. However, through his
guardian, he can.
3. He cannot be a witness to a notarial will if he does not know
how to read and write, although, he can make a will under
the conditions set forth by the law.
4. He cannot be naturalized.
Prodigality
A prodigal or spendthrift is a squaderer of his money and prop-
erty without regard to the needs and future of his family which
he is bound to protect and support under the law.
The act of prodigality must show a morbid mind and disposi-
tion to spend or waste his estate so as to expose his family to
want or to deprive his forced heirs of their inheritances.
There is no known provision of law which specifically and di-
rectly incapacitates a prodigal from a particular act. However, if
placed under guardianship, the prodigal’s capacity to act will
be restricted because then he could only act with binding effect
though his guardian, his capacity to act is not affected.
Civil interdiction
This is a mandatory accessory penalty deemed imposed when-
ever the sentence rendered is within the range of reclusion tem-
poral to death, if the latter is not executed by reason of com-
mutation or pardon.
Instances or restrictions of a person under civil interdiction
22
1. The convict, during the time of his sentence, is deprived of
the following rights:
a. parental authority or guardianship over the person or
property of his children or ward;
b. marital rights or authority;
c. management of his property;
d. disposition of his property by act or conveyance inter
vivos.
2. The offender cannot enter into a marriage settlement, with-
out the assistance of a competent guardian appointed by
the Court.
Article 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, a-
lienage, absence, insolvency and trusteeship. The conse-
quences 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 opin-
ion.
A married woman, twenty-one years of age or over, is qual-
ified for all acts of civil life, except in cases specified by law.
Limitations of capacity to act under Article 39
1. penalty
2. family relations
3. alienage
4. absence
5. insolvency
6. trusteeship
Penalty
Penalties imposable in crimes restrict or modify a person’s ca-
pacity to act. There may be deprivation of the office or employ-
ment, disqualification to hold similar offices or employments,
and deprivation of the right to vote during the disqualification
period.
Family relations
Instances of restrictions in family relations:
1. A person cannot file a complaint against a close family rel-
ative within the contemplation of Article 150, FC.
2. Relatives who fall under Article 37 and Article 138, para. 1,
both of the FC, could not marry each other.
3. Husband and wife cannot donate properties to each other
except only moderate gifts during family rejoicing.
4. There are situations when relatives cannot testify against
each other.
Alienage
The state of being an alien or foreigner.
Instances or restrictions of an alien or foreigner:
1. Aliens cannot exercise political rights.
2. They cannot acquire lands except through succession.
3. They cannot operate public utilities.
4. They cannot engage in coastwise trade.
5. They cannot practice some professions exclusive to Filipi-
nos like the practice of law.
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6. They cannot own mass media.
7. They cannot engage in retail trade.
Absence
A person may be declared an absentee by a court upon proper
petition of qualified persons, when his whereabout are un-
known for a certain number of years — either 2 years or 5 years.
He can also be presumed dead for at least 7 years or 4 years,
under certain dangerous circumstances.
Instances of modification of absentee’s capacity:
1. If the absentee is declared presumptively dead, under Arti-
cle 41 of the FC and his/her spouse remarried, the subse-
quent marriage supersedes the previous marriage.
2. If absentee is absent for at least 10 years, his/her estate
could be divided among his heirs.
3. The absentee can be deprived of his/her right to co-admin-
ister the community or conjugal property.
4. If the absentee reappears, though he is allowed to recover
his property in the condition in which he left it, he cannot
claim either fruits or rents.
5. Absence of the spouse will justify the filing of a petition for
receivership, judicial separation of property or for sole ad-
ministration of conjugal partnership by the spouse present.
Insolvency
It is that condition whereby a man’s assets, if all made immedi-
ately available, would not be sufficient to discharge his obliga-
tions or liabilities,. In other words, his obligations are more than
his assets.
It is the inability or the lack of means to pay ones debt, or the
condition of a person who is unable to pay his debts as they fall
due.
Trusteeship
This is a legal relationship concerning property which obliges
the person holding it to deal with the property for the benefit
of another.
Characteristics of Trust
The characteristics of trust are:
1. a relationship fiduciary in character;
2. a relationship with respect to property and not one involv-
ing merely personal duties;
3. the existence of equitable duties imposed upon the holder
of another’s property; and
4. it arises as a result of a manifestation of intention to create
the relationship.
Instances of restrictions of a trustee:
1. A trustee cannot acquire by prescription the property he
holds under express trust for another unless he repudiates
the trust.
2. A trustee cannot appropriate for himself the property under
trust which he merely holds for the benefit of another.
3. A trustee is not allowed to become the buyer of the trust
property.
Articles 38 and 39 are mere restrictions on one’s capacity to
act. So example of which would be minority or incapacity but is
23
a minor child allowed to enter into a contract say that of a con-
tract of marriage? [Yes] And the contract that is entered into by
the minor is not void but only voidable. Meaning it has some
legal effect only that by reason of the minority of the child, the
incapacity of the child, there is that defect in the contract which
can be ratified because it is not a void contract. It is merely a
voidable or an annulable contract.
CHAPTER 2
Natural Persons
BIRTH, PRESUMPTIVE OR PRESUMED PERSONALITY OF
AN UNBORN CHILD.
Article 40. Birth determines personality; but the conceived
child shall be considered born for all purposes that are fa-
vorable to it, provided it be born later with the conditions
specified in the following article.
Personality springs from birth
To be considered born, a foetus must be completely delivered
from the mother’s womb which delivery could either be natural
(if the delivery is through the mother’s vaginal opening) or ar-
tificial (if the delivery is through another opening like Caesarian
operation).
Although a foetus is not a person before it is actually born, nev-
ertheless, because of the expectancy that it be born, the law
grants it certain rights conditioned however to its being born
alive. A still-born baby — one born dead — is not considered a
person.
Conception — means the beginning of pregnancy; as to hu-
man beings, the fecundation of the female ovum by the male
spermatozoon resulting in human life capable of survival and
maturation under normal conditions.
Presumptive or presumed personality of an unborn child
The presumptive or presumed personality accorded to an un-
born child is conditional and for limited purposes only. This is
also known as provisional personality.
It is conditional because the presumed personality will be per-
fected only if the foetus is born alive; if not, the foetus would
not attain the status of a person at any moment.
Further, the presumption is only for purposes favorable to the
foetus. If unfavorable, the child, even if born alive, is not bound
for acts done without its consent — which obviously it could
not give.
A conceived unborn child is entitled to inherit by will or by in-
testacy. It can be a recipient of donations that are not burden-
some; and its filiation can be recognized by its parents even
before its birth.
WHEN CHILD IS CONSIDERED BORN.
Article 41. For civil purposes, the foetus is considered born if
it is alive at the time it is completely delivered from the
mother’s womb. However, if the foetus had an intra-uterine
23

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.
When child is considered born
A child is considered born from the moment of its total sepa-
ration from the mother’s womb and is alive, which means it has
acquired complete respiration.
However, if the foetus that is separated from the maternal
womb has an intra-uterine life of less than 7 months, it is not
considered born unless it survives for at least 24 hours.
If the foetus had an intra-uterine life of at least 7 months, it is
considered born even if it survives only for a few minutes. It is
considered a normal child. Thus, a child born 8 months and 7
days after conception is considered a normal child.
It does not matter if the survival of the foetus is by artificial
means.
Commencement of civil personality
The ciil personality of the child shall commence from the time
of his conception, for all purposes favorable to him, subject to
the requirements of Article 41 of the CC.
Concept of birth in medicine is different from the law
Medicine Law
birth is the entire delivery of
a child with or without its sep-
aration from the body of the
mother; a child is considered born
from the moment of its total
it is not necessary that the separation from the mother’s
cord should have been cut or womb and is alive, which
the placenta expelled; means it has acquired com-
plete respiration.
it is the cessation of the sym-
biotic relation between the
mother and the foetus.
In posse; in esse — a foetus or conceived chidl not yet born is
said to be in posse; once it is born, it is in esse.
Still-birth — when the child has not breathed or has not shown
any sign of life after being completely separated from the
mother’s womb.
Burden of proof
Since the law makes it a condition that the child be alive when
separated from the mother’s womb before it could be consid-
ered a person, the burden of proof rests on the one who al-
leges that the child was alive when born.
However, when the newborn child is found dead, the presump-
tion is, the child was born dead. And he who alleges otherwise,
has the burden of proof.
24
DEATH EXTINGUISHES CIVIL PERSONALITY.
Article 42. Civil personality is extinguished by death.
The effect of death upon the rights and obligations of the de-
ceased is determined by law, by contract and by will.
Effect of death on civil personality
As birth brings forth personality, death extinguishes it.
However, though personality has been extinguished, the rights
and obligations of the deceased are not necessarily extin-
guished by his death.
The law, the contracts he entered into, and the will he made,
if any, will determine the consequences of his death on his
rights and obligations.
The law speaks of physical death and not of civil death
Article 42 speaks of physical death which is “the cessation of
life, or the total stoppage of the circulation of the blood and a
cessation of the animal and vital functions consequent
thereon.”
It does not speak of civil death caused by civil interdiction or for
the taking of a religious profession. Civil interdiction merely re-
stricts capacity to act.
Now, 42, on extinguishment of civil personality would refer
to physical death. It does not refer civil death because a person
who is considered to be civilly dead is one, ano?
When is a person deemed to be civilly dead?
Those who are civilly dead are those who are restricted of their
capacity to act. Civil death is caused by civil interdiction or for
taking of a religious profession.
What are the effects?
He is deprived of most of his rights. He is only allowed to enter
into a contract of marriage, to execute a marriage settlement,
but must be represented by a guardian, indispensable to be
made a party to the marriage settlement appointed by the
court and third, that he is allowed to donate his properties but
to take effect upon his death. Donation mortis causa.
WHEN PARENT AND CHILD ARE BOTH FOUND DEAD.
Article 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 trans-
mission of rights from one to the other.
Presumptions on survivorship
The Civil Code and the Rules of Court provide for presumptions
of survivorship. The presumptions are rebuttable. If there are
facts or evidence from which a contrary conclusion could be
safely inferred, the evidence controls.
Presumptions under the Civil Code
24

Burden of proof: If there is doubt, as between who 2 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.
Preponderance of evidence is the rule.
However, if there is no proof as to who died first, the presump-
tion operates and presumption is that the parties died at the
same time. In addition, the law makes it clear that there shall be
no transmission of rights from one to another. In other words,
there is no succession between the 2 of them but their respec-
tive heirs will inherit from them.
The above presumption applies only if the following conditions
are present:
1. The parties are heirs to one another — such as father and a
son (without issue).
2. There is no proof that 1 died ahead of the other — such as
when an airplane where the parties are passengers ex-
ploded in the sky with no survivors.
Now, Article 43 applies only to issues involving succession.
When two or more persons are called to succeed each other,
and both of them are dead, whoever alleges the death of one
prior to the other must prove the same. In the absence of proof,
it is assumed that they died at the same time and there shall be
no transmission of the estate from one to the other. Meaning,
if the child dies ahead of the father, the estate of the child goes
to the parent. If the parent dies ahead of the child, the estate
goes to the child. That is the order of succession. But, if it is
proved that they died at the same time, and no one can prove
that the father died ahead of the child, or the child died ahead
of the parent, then will be no transmission of rights and you
apply Article 43.
Now, that disputable presumptions would only apply under the
Rules of Court, if the issue is not about succession. Like, I said,
if there is, supposedly, the insurance proceeds, then that would
be determined by the disputable presumptions established by
the Rules of Court but not by Article 43 because in that case,
the issue is not about succession.
CHAPTER 3
Juridical Persons
who are juridical persons.
Article 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; their personality be-
gins as soon as they have been constituted according to
law;
3. Corporations, partnerships, and associations for private
interest or purpose to which the law grants a juridical per-
sonality, separate and distinct from that of each share-
holder, partner, or member.
25
LAWS GOVERNING JURIDICAL PERSONS.
Article 45. Juridical persons mentioned in Nos. 1 and 2 of the
preceding article are governed by the laws creating or rec-
ognizing them.
Private corporations are regulated by laws of general appli-
cation on the subject.
Partnerships and associations for private interest or pur-
pose are governed by the provisions of this Code concerning
partnerships.
Juridical person — is a being of legal existence, susceptible of
rights and obligations, or of being subject of juridical relations;
an abstract being, formed for the realization of collective pur-
poses, to which the law has granted capacity for rights and ob-
ligations.
Not every association of persons is a juridical person
Not all associations of persons for a collective purpose are ju-
ridical persons. Only those which are recognized by law and
granted with capacity for rights and obligations are considered
juridical persons.
Classification of juridical persons and how they come into
existence
The Code classified 3 groups of juridical persons:
1. the State and its political subdivisions which include the
provinces, cities, and municipalities; barangays are the
smallest political unites of the State — begins to exist when
all the essential elements — persons, territory, government,
sovereignty — above have concurred;
2. juridical persons for public purposes — begins to exist as
soon as they have been constituted according to law; their
specific date of operation shall be provided by the law of
creation;
3. juridical persons for private purposes — begins to exist in
accordance with the law governing their creation or in ac-
cordance with their articles of association or formation; thus
a private corporation begins to exist from the issuance of
the Certificate of Registration by the SEC; and a partnership
upon the execution of their Articles of Partnership unless
otherwise provided.
Corporation — an artificial being created by operation of law,
having the right of succession and the powers, attributes, and
properties expressly authorized by law or incident to its exist-
ence.
Partnership — 2 or more persons enter into a contract binding
themselves to contribute money, property, or industry to a
common fun, with the intention of dividing the profits among
themselves; it has a juridical personality separate and distinct
from that of each of the partners.
RIGHTS AFFORDED TO JURIDICAL PERSONS.
25
 26
Article 46. Juridical persons may acquire and possess prop- citizens are limited to those nationals cover all citizens
erty of all kinds, as well as incur obligations and bring civil endowed with political and and persons who, not being
or criminal actions, in conformity with the laws and regula- civil rights in the body politic citizens, owe permanent alle-
tions of their organization. of the State giance to the State and are
entitled to its protection
Rights afforded to juridical persons
Juridical persons may:
Stateless person — one who is without a country to which he
1. acquire and possess property of all kinds
owes permanent allegiance and from which he is entitled to
2. incur obligations
protection.
3. bring civil or criminal actions

Such must be in conformity with the laws and regulations of
their organization.
DISSOLUTION OF JURIDICAL PERSONS.
Article 47. Upon the dissolution of corporations, insti-
tutions and other entities for public interest or pur-
pose mentioned in No. 2 of Article 44, their property
and other assets shall be disposed of in pursuance of law
or the charter creating them. If nothing has been speci-
fied on this point, the property and other assets shall be
applied to similar purposes for the benefit of the region,
province, city or municipality which during the existence
of the institution derived the principal benefits from the
same.
Dissolution of juridical persons
While natural persons lose their personality by death, juridical
persons lose theirs by dissolution.
REPEALED.
Article 48. The following are citizens of the Philippines:
1. Those who were citizens of the Philippines at the time of
the adoption of the Constitution of the Philippines;
2. Those born in the Philippines of foreign parents who, be-
fore the adoption of said Constitution, had been elected to
public office in the Philippines;
3. Those whose fathers are citizens of the Philippines;
4. Those whose mothers are citizens of the Philippines and,
upon reaching the age of majority, elect Philippine citizen-
ship;
5. Those who are naturalized in accordance with law.
Article 48 has been repealed by the 1973 Constitution, and
later, by the 1987 Constituion.

TITLE 1I
The Article is just a reiteration of Article IV of the 1935 Consti-
tution which was superseded by Article III of the 1973 Constitu-

CITIZENSHIP AND
tion, which in turn was superseded by the 1987 Constitution.

DOMICILE
Article 49. Naturalization and the loss and reacquisition of cit-
izenship of the Philippines are governed by special laws.

Citizenship — is the person’s status or character of being a Article 50. For the exercise of civil rights and the fulfillment of
citizen of a given state or country to which he owes permanent civil obligations, the domicile of natural persons is the place
allegiance and is entitled to its protection. of their habitual residence.

Where the characteristics of allegiance and protection are Domicile — means permanent home, the place to which,
found in their completeness and together, then citizenship ex- whenever absent for business or pleasure, one intends to return
ists. and depends on facts and circumstances in the sense that they
disclose intent.
Nationality — in Civil Law and Private International Law, citi-
zenship and nationality have the same meaning. Thus when the Two requisites of domicile
law speaks of the national law of the deceased in Article 16 of 1. The fact of residing or personal presence in a particular
the CC, it refers to the citizenship of the deceased at the time place;
of his death. 2. The intention to remain in said place permanently (ani-
mus manendi).
Citizenship vs. Nationality
Citizenship Nationality Domicile vs. Residence
Technical distinction of the two terms — where the residence
political reference to the per- is a reference to his racial or of a person is not his habitual residence, then the residence is
son ethnic background different from domicile. — Pineda
Domicile Residence

is more or less permanent is more or less temporary

26
 27

one can have generally only 1 while a person can have sev- their legal representation is established or where they ex-
domicile eral places of residence ercise their principal functions.

carries a note of habituality

In Uytengsu v. Republic, 50 O.G. 4781, Oct. 1954, the Supreme

Court held:

“There is a difference between domicile and residence. Resi-

dence is used to indicate a place of abode, whether permanent
or temporary; domicile denotes a fixed permanent residence
to which when absent, one has the intention of returning. A
man may have a residence in one place and a domicile in
another. Residence is not domicile, but domicile is residence
coupled with the intention to remain for an unlimited time. A
man can have but one domicile for one and the same pur-
pose at any time, but he may have numerous places of res-
idence. His place of residence generally is his place of domicile,
but is not by any means necessarily so since no length of resi-
dence without intention of remaining will constitute domicile.’’
(See also Kennan on Residence and Domicile, pp. 26, 35, 36).

[NOTE: The distinction given herein above apparently reverse

the opinions given by the same Supreme Court in at least two
cases. In Larena v. Teves, 61 Phil. 36, the Court said that “the
term ‘residence’ is synonymous with home or domicile denot-
ing a permanent dwelling place, to which the party when ab-
sent intends to return.” In Nuval v. Guray, 52 Phil. 645, the Court
said that “the term residence is synonymous with domicile
which imports not only intention to reside in a fixed place, but
also personal presence in that place, coupled with conduct in-
dicative of such intention.”]

[NOTE: Incidentally, it should be pointed out that the place of

obtaining a residence certificate and the data contained therein
are NOT CONCLUSIVE as to the real residence or domicile of a
person owning said certificate. (Zuellig v. Republic, 83 Phil.
768)]. — Reyes

Which one would require physical presence? [Residence] Jurid-

ical presence is sufficient? [Domicile]
In residence, the relation is one of fact, while in domicile, it is
legal or juridical, independent of the necessity of physical
presence. Source: Pineda

When shall have both have the same meaning? But there is a
requirement for it to be applicable. There must be physical
presence, ‘no?
In the Philippines, the term “residence” when used in election,
suffrage and naturalization laws, it means “domicile” (politi-
cal or legal residence) which imports not only intention to re-
side in a fixed place, but also personal presence in the place,
coupled with conduct indicative of such intention (Nunal v.
Guray, 52 Phil. 645). — Pineda

Article 51. When the law creating or recognizing them, or

any other provision does not fix the domicile of juridical per-
sons, the same shall be understood to be the place where

27