Persons and Family Relations Law

Civil Code of the Philippines by Arturo M. Tolentino (Chapter Summary)

CHAPTER I: EFECT AND APPLICATIONS OF LAWS

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

Civil Code defined

Civil Code a collection of laws which regulate the private relations of the members of civil
society, determining their respective rights and obligations, with reference to persons,
things, and civil acts.

II. Philippine Civil Code

For a long time, the civil code in force in the Philippines was the Civil Code of Spain 1889 by
Royal Decree of July 31, 1889 published in the Gaceta de Manila on November 17, 1889, and
took effect on December 7, 1889.
Purpose of Codifying a Philippine Civil Code:
To make the laws conform with the customs, traditions, and idiosyncracies of the
Filipino people and with the modern trends in legislation and the progressive
principles of law.
III. Sources of Civil Code
The following are the sources of the Present Civil Code:
Civil Code of 1889 embodied Ley de Bases, Common Law of Castilla, French Civil
Code
Codes, laws, and juridical decisions, as well as the works of jurists of other
countries
Doctrines laid down by the Supreme Court of the Philippines
Filipino Customs and Traditions
Philippine Statutes
Code Commission itself
IV. Incorporation of Customs
The customs which the Code Commission introduced into the New Civil Code are mostly in
family relations and succession.
V. Arrangement of Code
The general arrangement of the New Civil Code is the same as that of the Civil Code of
1889. There are 4 Books:
Book I - Persons
Book II Property, Ownership and Its modifications
Book III Different Modes of Acquiring Ownership
Book IV Obligations and Contracts
Some changes have been Introduced:
Property relations of husband and wife from Book IV to Book I

 Prescription from Book IV to Book III

New Subjects have been placed in the Book to which they correspond:
Human Relations in Preliminary Title
Care and Education of Children in Book I
Nuisance in Book II
Intellectual Creation in Book III
Natural Obligations, Trust, and Damages in Book IV
VI. New Rights Created
The New Code creates numerous new rights and causes of action. E.g.
Acts Contrary to Morals (Article 21)
Civil Action after Acquittal on Reasonable Doubt (Article 29)
Civil Action for Obstruction of Civil Liberty (Article 32)
Rights of Natural Children by Legal Fiction (Article 89)
Wifes rights in case of maladministration of conjugal property by the husband
(Article 167)
VII. Subjects Omitted
The New Code has omitted some subjects which were regulated in the Old Code these are:
Dowry
Censos
Use
Habitation
VIII. Arrangement Criticized
The general adherence of the new Civil Code to the arrangement of the old Code has been
criticized as unscientific.
The report of the special committee of the Philippine Bar Association assigned to study the
new Code, under the chairmanship of Justice Jose B.L. Reyes, had this to say:

The new Codes faulty distribution resulted, inter alia, in placing the notion of
the various vices of consent (error, fraud, duress, undue influence) in Book IV on
Contracts, as if they were exclusively found in contracts, when they pervade the
entire field of the Civil Law and should therefore be dealt with in the general
provisions.
IX. New Solutions Presented
The new Code contains many reforms in which the solutions given are different from or
contrary to those found in the Old Code.
X. Language of the Code
In its interpretation, English text shall prevail over any translation
The form is English; the substance is Spanish and Filipino.
Translated words should be understood, not in the light of the Anglo-American law but in
that of the Spanish-Philippine law as embodied in the New Civil Code.

Article 2. Laws shall take effect after fifteen days following the completion of their publication in the
Official Gazette, unless it is otherwise provided. This Code shall take effect one year after such
publication.
I.

Effectivity of the Code

The New Civil Code became effective on August 30, 1950

II. Effectivity of Laws

Where the statute provides that is shall be effective upon approval, no publications is
necessary before it becomes effective.
Article 3. Ignorance of the law excuses no one from compliance therewith
I.

Presumption of Knowledge of Law

Once the law has been promulgated and has taken effect, it is duty of everyone to know it.
Compliance therewith becomes unavoidable, and nobody can escape its effects by alleging,
in good faith or in bad faith, that he does not know its provisions.

II. Reasons for Article

Logical Consequences of the Conclusive Presumption of Knowledge of the Law:
If laws will not be binding until they are actually known, then social life will be
impossible, because most laws cannot be enforced due to their being unknown to
many.
It is absurd to absolve those who do not know the law and increase the
obligations of those who know it.
It is almost impossible to prove the contrary, when a person claims ignorance of
the law.
In our conscience, we carry norms of right and wrong, and a sense of duty, so that
our reason indicates many times what we have to do; and in more complicated
juridical relations, there are lawyers who should be consulted.
III. What Laws Covered
The laws referred to by this article are those of the Philippines. There is no conclusive
presumption of knowledge of foreign laws.
IV. No Exceptions Admitted
No Exceptions are admitted, the rule is based on public interest and is designed precisely to
avoid abuse through allegation that the law has not come to the knowledge of a party.
V. Irrevocability of Acts
If by mistake or ignorance of law, a person does an act which prejudices himself, and the
injury cannot be remedied without impairing anothers rights, the mistake cannot be
corrected to the prejudice of the latter.
E.g. A School Teacher who resigned his position in the public school system upon
marriage, pursuant to a school regulation that marriage was equivalent to resignation,
cannot rescind such resignation upon learning that a law had already been passed prior
to his marriage nullifying the school regulation.

VI. Mistake of Fact

Ignorance of fact (ignorantia facti) may excuse a party from the legal consequences of his
conduct; but not ignorance of law, for ignorantia juris neminem excusat.
VII. Difficult Questions of Law
Mistake as to difficult legal questions has been given the same effect as a mistake of fact.
VIII. Mistakes of Lawyer
It has thus been held that a lawyer cannot be disbarred for an honest mistake or error of
law.
Article 4. Laws shall have no retroactive effect, unless the contrary is provided.
I.

Concept of Retroactive Law

A Retroactive Law is one intended to affect transactions which occurred, or rights which
accrued, before it became operative, and which ascribes to them effects not inherent in
their nature, in view of the law in force at the time of their occurrence.

II. Reasons for Article

This article is necessarily related to the rule in Article 3. Hence, a law that has not yet
become effective cannot be considered as conclusively known by people.
III. Application of Article
All statutes are to be construed as having only a prospective operation, unless the purpose
and intention of the legislature to give them a retrospective effect is expressly declared or is
necessarily implied from the language used. In every case of doubt, the doubt must be
resolved against the retrospective effect.
IV. Exceptions to Rule
Statutes can be given retroactive effect in the following cases:
Law itself so expressly provides
The presumption of law is that a statute is intended to have only
prospective application; the intention to give a statute retroactive effect
must be unequivocally expressed or necessarily implied. In case of doubt,
doubt must be resolved against retroactivity.
Remedial Statutes
Remedial Statutes are those which refer to the method of enforcing rights
or obtaining redress of their invasion. It may have a retroactive effect, so
long as it does not affect or change vested rights.
Curative Statutes
Curative Statutes are those which undertake to cure errors and
irregularities by reason of some statutory disability or the failure to comply
with some technical requirement.
They operate on conditions already existing, and are necessarily retroactive
in application.

 Laws interpreting others

Similar to curative statutes are those intended to clarify doubts or interpret
an existing law.
Laws creating new rights
If a right be declared for the first time by a new law it shall take effect from
the time of such declaration, even though it has arisen from acts subject to
the former laws, provided that it does not prejudice another acquired right
of the same origin.
V. Unconstitutional Provisions
There are two exceptions to retroactivity of statutes:
Ex Post Fact Laws
When the retroactive effect of the statute will constitute an impairment of the
obligation of contract
Article 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except
when the law itself authorizes their validity.
I.

Mandatory or Directory Laws

In determining the peculiarity between Mandatory and Directory Laws the prime object is
to ascertain the legislative intention.
Mandatory Laws are statutory provisions which relate to matters of substance, affect
substantial rights and are the very essence of the thing required to be done.
Violation of a Mandatory or Prohibitory Statute renders the act illegal and void.
Directory Laws are statutory provisions which are not material, do not affect any substantial
right, and do not relate to the essence of the thing to be done, so compliance is a matter of
convenience rather than substance.
Violations of a Directory, Permissive, or Suppletory Laws are not nullified by this article.

II. When Law Authorizes Validity

Manresa enumerates three cases which may fall under this exception:
Violation does not refer to an essential matter; the law considers the nullity may
be more advantageous than validity.
Law may make the validity of the act depend upon the consent of the party
directly interested in the nullity of such act.
Law may declare the nullity of an act, but at the same time recognize its effects as
legally existing.

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.
I.

Elements of Right
Every right has three elements:
Subjects
There are two kinds of subjects:
I. Active Subject entitled to demand the enforcement of right
II. Passive Subject duty-bound to suffer its enforcement
Rights of the Active Subject:
I. Personal Rights imposed upon certain determinate individuals
only
II. Real Rights all persons in general; indeterminate individuals
Object
Efficient Cause
The subjects of rights are persons; rights exist only in favor of persons.

II. Kinds of Rights

Rights may be classified into:
Political refers to the participation of persons in the government of the state
Civil includes all others.
Civil Rights may be further classified into:
I. Rights of Personality sometimes called Human Rights. They are
intended to protect the human personality in its existence,
integrity, and development, in its physical, intellectual, and moral
aspects.
II. Family Rights all the rights of a person as a member of a family
III. Patrimonial Rights these have property for their object.
There are two Kinds:
Real Rights - ownership, mortgage
Personal Rights right to collect a debt
The rights of personality and family rights are inherent in man, regardless of property.
III. Renunciation of Waiver
Waiver relinquishment of a known right with both knowledge of its existence and an
intention to relinquish it.
Right must exist at the time of the waiver; there must be actual or constructive knowledge
of such existence.
Voluntary Choice is the essence of waiver.
IV. Express or Implied
A waiver may be express or implied.
Implied waiver, when from the acts or conduct of a party the intention to relinquish a right
may be reasonably inferred.
Waiver of a right may also be implied from a failure or neglect to assert the right at the
proper time.

V. Requirements of Waiver
Requisites of a Waiver:
Presence of a Right
Capacity to make the renunciation
Renunciation made clear and in an unequivocal manner
VI. Scope of Waiver
The doctrine of waiver is generally applicable to all rights and privileges to which a person is
legally entitled.
It is competent for a person to waive a right guaranteed by the Constitution, and to consent
to action which would be invalid if taken against his will.
VII. Obligations
Obligations cannot be renounced. But a person may exempt himself from an obligation
which is inherent in a right, upon the renunciation of such right.
VIII. Real Rights
According to Valverde, renunciation of a personal right requires consent of the debtor
While renunciation of a real right is unilateral and depends upon the exclusive will of the
owner of the right. Effects flow from such renunciation:
If right renounced is a real right distinct from ownership, the right is merged in the
owner of the property.
If there are various holders of a real right, such as co-ownership, renunciation by
one of his rights will proportionately increase the shares of the others.
If full ownership is renounced, the thing become res nullius and may be acquired
by occupation.
IX. Prohibited Waiver
Laws cannot be renounced, although the rights arising therefrom may be renounced.
Public Interest is violated by a waiver of rights created by laws of general and mandatory
character.
Privileges granted to some persons by reason of their incapacity, are likewise of public
order.
There can be no waiver of rights if it will prejudice third persons. However, if no right is
injured, even if they suffer actual damage by the renunciation, the renunciation is valid.
Article 7. Laws are repealed only by subsequent ones, and their violation or non-observance shall not
be excused by disuse or custom or practice to the contrary.
When the courts declare a law to be inconsistent with the Constitution, the former shall be
void and the latter shall govern.
Administrative or executive acts, orders and regulations shall be valid only when they are not
contrary to the laws of the Constitution.
I.

Reason for Article

Since laws are promulgated by the competent authority of the State, the can cease to have
effect only through the will of the State; the statute may lapse by its own terms, or it may
be repealed by the legislative department, or declared unconstitutional by the judicial
branch.

II. Lapse of Laws

There are laws which, without any repeal, cease to have effect because they lapse by their
own terms.
Without express provision, the intent of the law may indicate that its effectivity shall be for
a limited period. E.g. Emergency Powers Act (Com. Act No. 689, as amended by Rep. Act No.
66)
III. Repeal of Laws
There are two kinds of repeal of a law:
Express or Declared Repeal
Implied or Tacit Repeal In case a conflict accrued between an old and new law,
so that observance of one excludes the other, conflict must be resolved in favor of
the later law.
There are many laws enacted by the legislative body containing a final
article providing that all previous laws inconsistent with the present law
are hereby repealed.
Implied repeals are not to be favored, because they rest only on the
presumption that because the old and new laws are incompatible with each
other, there is an intention to repeal the old.
If both laws can by reasonable construction stand together, both will be
sustained.
Requisites for Implied Repeal:
I. Laws cover the same subject matter
II. Latter is repugnant to the earlier
IV. Rule Applied
In all cases where two statutes cover, in whole or in part, the same matter, but they are not
absolutely irreconcilable, the duty of the court no purpose to repeal being clearly
indicated or expressed is, if possible, to give effect to both.
V. General and Special laws
A General Law in conflict with the special act or provision, special must be taken as
intended to constitute an exception to the general act or provision.
A subsequent general statute will not be held to repeal a prior special one, unless there is a
clear and necessary conflict between the two.
VI. Effect of Codification
A general law does not tacitly repeal a special law, unless the intention of the legislature to
make repeal is clearly deduced from the object or the spirit of the later law.
Where a statute purports to cover the whole subject-matter, it supersedes former laws on
the same subject matter.
VII. Effect of Repeal of Law
The effect of a repealing act must generally be governed by the rules on retroactivity of
laws.
Repeal of a Penal Law during the pendency of a criminal prosecution under it, has the effect
of depriving the court of jurisdiction with the case, which must be dismissed.

VIII. Repeal of Repealing Law

Expressed
Prior Law

Repealing Law
Implied

Revive when
expressed

Revive

Repealing
Law (2)
IX. Determination of Constitutionality
The criterion for determining the validity of statute must be sought in the Constitution
itself.
Judicial power cannot be used to declare a statute void simply because it violates the spirit
of our institutions, or impairs any of those rights which it is the object of a free government
to protect, or because the court considers the statute to be wrong and unjust.
X. Executive Orders and Regulations
Regulations must be in harmony with provisions of the law, and for the sole purpose of
carrying into effect its general provisions.
Article 8. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of
the legal system of the Philippines.
I. Decisions not Source of Law
Jurisprudence, in our system of government, cannot be considered as an independent
source of law; it cannot create law.
III. Role of Jurisprudence
Courts can formulate and declare the law as applied concretely to the case before him.
Double Function of Courts:
Fill the deficiencies of legislation and provide a rule for the facts of a given case for
which there is neither positive provision of law nor established custom.
Adapt and adjust rigid and inflexible provisions of law.
IV. Doctrine of Stare Decisis
The Doctrine of Stare Decisis enjoins adherence to juridical precedents.
It requires courts in a country to follow the rule established in a decision of the Supreme
Court.
The Doctrine is flexible, courts may depart from it.
Stare Decisis is a principle of policy and not a mechanical formula. It does not mean blind
adherence to precedents.
Stare Decisis should not apply when there is conflict between the law and precedent.

Article 9. No judge or court shall decline to render judgment by reason of the silence, obscurity or
insufficiency of the laws.
A. Applicability of Article
This article does not apply to criminal prosecutions, because when there is no law punishing
an act, the case must be dismissed.
B. Duty of Court to Decide
Not knowing the rules applicable to a certain matter, and where to find the law relative to the
case are not reason for dismissing the case without deciding the issues.
C.

Obscurity or Deficiency of Law

When Law is vague or obscure, the court should clarify it in the light of rules of statutory
construction; it silent or insufficient, the court should fill the deficiency by resorting to
customs or general principles of law.

D. Unjust Laws
Court cannot adopt a policy different from that of law.
Judge cannot refuse to apply a law just because he considers it unjust.
If the law is clear, it must be applied.
E.

Rules Suppletory to Law

There is not express provision in the present code with respect to suppletory rules in
case of deficiency in the law.

In spite of this, suppletory rules must be considered existing.

F. Concept of Customs
Custom juridical rule which results from a constant and continued uniform practice by
members of a social community, with respect to a particular state of facts, and observed
with a conviction that is juridically obligatory.
In order that custom may have the force of suppletory rule, it must have the following
requisites:
Plurality of Acts
Uniformity or Identity of Acts
General Practice by great mass of the social group
Continued performance of these acts for a long period of time
General conviction that the practice corresponds to a juridical necessity or that it
is obligatory
Practice must not be contrary to law, morals or public order.

G. Custom distinguished from Law

Custom
Origin

Comes from society

Form

Tacit
Unwritten Law
Spontaneous

Law
Comes from governmental
powers of the state
Expressed, manifested in
solemn and official form
Written Law
Conscious Creation

H. What Custom Applied

Domicile of the parties applies over the location of the court.
When parties have separate domicile, the custom of the place for the performance or
consummation of the juridical act shall apply.
I. General Principles of Law
Valverde and Sanchez Roman General principles are universal juridical standard dictated
by correct reason; or those principles of justice beyond the variability and uncertainty of
facts, those high standards which serves as a foundation of positive law, those rules
accepted by juriconsults which constitute real axioms for all those who intervene in juridical
life, and which form a law superior to that which enacted.
It is the principles which serve as the basis for positive law in each country. Buron, De
Diego, Castan de Buen
Limitation in the Application of the General Principles of Law:
It should not be in conflict with the general or particular provision of the law.
Court should first look into the general principles underlying the positive law of
the land; and when these have exhausted, then it should proceed to apply the
rules that it may deem most reasonable and just, provided that they do not
violate the fundamental concepts of the law, custom, or established doctrines.
The General Principles of Law is admissible, when there is no law applicable to the point in
controversy, without showing a law or decision which sanctions it.
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.
I.

Applicability of Article
It is applied only in case of doubt, and when all other rules of interpretation fail.
When law is clear, it must be applied even if it does not conform to his concept of right and
justice.

Article 11. Customs which are contrary to law, public order or public policy shall not be compensated.
I.

Application of Rule
No man or set of men can create custom for their benefit and give it force paramount to
that of an express law.

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

Non-existence of Custom
When the alleged custom or usage is not known to those who, from business connections,
have the best means of knowing it, this ignorance is, in some sense, positive evidence of its
non-existence.

Article 13. When the laws speak of years, months, days, or nights, it shall be understood that the years
are of three hundred sixty five days each; months, of thirty days; days, of twenty-four hours; and
nights 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 last day included.
I.

Meaning of Week
It means a period of seven consecutive days without regard to the day of the week on which
it begins.

II. Meaning of Month

Strictly in a legal sense, it is a period composed of thirty days.
III. Computation of Time
Present article of the Code does not contain the exception referring to Sundays and legal
holidays.
When the act and the period are contractual, the exception referring to Sunday and
holidays does not apply, act must be done on the last day, even if the latter should be
Sunday or a holiday.
IV. Date Specified
There is no necessity for computation when the date is fixed; that is, when the act is to take
place at a specified future date.