Art 1. This act shall be known as the Civil Code of the 1. Effective August 30 1950.

Philippines 2. When effectivity date is provided, statute shall

be effective upon approval; no publication is
1. Civil code – regulate relations of members of necessary to be effective.
civil society’ rights, obligations’ persons, things,
civil acts Art 3. Ignorance of the law excuses no one from
2. Conform w/ customs, traditions and compliance therewith.
idiosyncrasies of Filipinos  transformed to
positive laws 1. Presumption of knowledge of Philippine law –
3. Natural and unforced unrealistic, but law is obligatory.
4. Sources: 2. NOT FOREIGN LAW
a. Civil code of 1889 (Ley de Bases) a. Mistake of fact vs mistake of law
b. Codes, laws, judicial decisions, jurists of b. Applies to domestic (not foreign) laws.
other countries c. Judge not assumed to know
c. Doctrines of Supreme Court 3. For mandatory and prohibitory laws.
d. Fil customs 4. Our duty to know the laws.
e. Statutes 5. Injuries suffered by the ignorant [contract-
f. Code Commissions parties] are borne by them – their doing.
5. Foreign elements 6. Reasons:
a. Am culture incorporated in Fil life a. Social life is impossible if laws are only
b. Economic relations bet 2 countries will enforced due to being unknown (since
many do not know the law)
remain, anyway
b. Absurd to absolve the ignorant, then
c. Am and Eng courts developed certain
equitable rules not found in Civil Code increase obligation of the
of 1889 knowledgeable.
6. Arrangement c. Impossible to prove ignorance to law
a. Persons d. Conscience; available lawyers
b. Property 7. Exceptions:
c. Ownership and its Modifications a. Excuse of ignorance should be admitted
d. Obligations and Contracts to show good faith – when new
7. Additions provisions enforced.
b. Minors treated differently – lack of
a. Human relations
b. Care and education for children intelligence
c. Nuisance 8. Irrevocability of acts – if you did something,
d. Intellectual creation thinking you were following an instructional
e. Natural obligations law, then realized you didn’t need to do it
f. Trusts and damages anymore, you can’t undo what you did.
8. Omissions (bec not found in Ph contracts 9. Mistake of fact – you can be excused for
anyway) ignorance of fact, but not for law.
a. Dowry 10. Mistake of difficult legal questions = mistake of
b. Censos fact
c. Use a. Art. 1334 – If you both misunderstood
d. Habitation the terms, and agreed to them, can
9. Criticism: unscientific; organization vitiate consent.
10. Language b. Art. 2154 - If you receive something you
a. Some English words translated from did not order, return it.
Spanish c. Art. 2155 – If you paid/ are paid
b. Some English words not in Am laws something in confusion of terms, refund
it.
Art 2. Laws shall take effect after 15 days following the 11. Mistake of lawyer cannot cause disbarment.
completion of their publication either in the Official
Gazette, or in a newspaper of general circulation in the Art 4. Laws shall have no retroactive effect, unless the
Ph, unless it is otherwise provided. (As amended by EO contrary is provided.
200) 1. Changes/ injuries present rights
 2. Related to Art. 3 – presumed that laws are 3. Law may sometimes consider acts as criminal
promulgated, so inexcusable. Unfair to punish, (illegal) but valid; when nullifying said act is
if they have not been promulgated in the first harmful. Exceptions include:
place. a. Nullity more disadvantageous that
3. Exceptions: validity (e.g. marriage)
a. When law expressly provides b. Subject validity of act to consent of
b. Remedial statutes interested/ injured party (e.g. null
c. Curative statutes marriage).
d. Laws interpreting others c. Law declares nullity of act, but
e. Laws creating new rights recognized effects as legally existing.
f. Statute is penal in nature:
i. Favorable to accused Art 6. Rights may be waived, unless the waiver is
ii. Accused is not a habitual contrary to law, public order, public policy, orals, or
good customs, or prejudicial to a third person with a
criminal (Art. 22 RPC)
4. Unconstitutional provisions (exceptions) right recognized by law.
a. When retroactivity makes it an ex post 1. Elements of Right
fact law a. Subject (persons)
b. Cause impairment of obligation of i. Active (demand)
contract ii. Passive (obliged)
5. Remedial statutes – method of enforcing rights, b. Object (giving, receiving, doing, not
or redressing invasion of rights. doing)
a. Court procedures may be changed by c. Efficient cause (binds parties to
law, as long as it does not affect or obligation; e.g. contract/ promise)
change vested rights. 2. Kinds of Right
6. Curative statutes – cure errors and a. Political
irregularities; validating judicial or admin b. Civil
proceedings, deeds, contracts, that fail to i. Right of personality (source:
comply with technical requirements. being human)
7. Interpreting statutes – give clarifications to ii. Family rights
existing laws iii. Patrimonial rights (economic
a. Chile and Columbia laws: Laws which satisfaction)
merely interpret the law are considered 1. Real rights (things)
as incorporated in the latter; no effect 2. Personal rights
on final judicial decisions (enforceable against
8. Laws creating new right – If no other rights are persons)
prejudiced a. E.g. A owes B
Art 5. Acts executed against the provisions of money as down
mandatory or prohibitory laws shall be void, except payment for a
when the law itself authorizes their validity. car. A pledged
to pay it after a
1. Directory – matter of form, or not material, do week. B has a
not affect substantial right, do not relate to real right of
essence of thing to be done. Compliance is pledge. B also
matter of convenience. has personal
a. Impossible to violate right to be paid.
b. Can be abrogated by agreement of 3. Waiver – relinquishment of a known, existing
parties right. Requires:
2. Mandatory – relate to matters of substance, a. Actual existing right
affect rights, very essence of the things required b. Capacity to make renunciation
to be done. c. Clear and equivocal
a. Violative act is illegal and void i. If not formality, at least make
intent clear.
4. Scope of waiver:
 a. Contract
b. Statute
c. constitution
5. Renunciation of rights must not prejudice rights
of others who are not involved, and does not
lead to renunciation of another right.
6. Laws cannot be renounced, although rights
arising from thereon may be.
7. Doctrine of estoppel
Art 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 courts declare a law to be inconsistent with the
Constitution, the former shall be void and the latter
shall govern.
Administrative or executive acts, orders and
regulations shall be valid only when they are not
contrary to the laws or the Constitution
1. Laws are promulgated by authority of state 
they can lose effect only thru the will of the
State.
2. Statute can lapse on its own
a. Laws with fixed period (e.g. Martial law
declarations)
3. Legislative: can repeal
a. Express/declared repeal (found in
special provision of subsequent law)
b. Implied/tacit (when provisions of
subsequent law incompatible with
earlier law. If the laws can reasonably
stand together, they will be sustained.
Requisites:
i. Cover same subject matter
ii. Latter repugnant to earlier
4. Judicial: can declare unconstitutional
5. General and special laws: if inconsistent, the
special law constitute a special exception to
general.
6. General law does not tacitly repeal special law.
Unless intention of legislative to do so is clearly
deduced form later law.
7. Effect of repeal of law:
a. Governed by rules on retroactivity of
laws.
b. Cannot affect or impair vested right, act
done, penalty accrued, judgment
already final before repeal.
c. Penal statutes favorable to accused
have retroactive effect  repealing a
penal law during pendency of a criminal
prosecution under it = depriving court
of jurisdiction.
8. Repeal of repealing law – the law first repealed
shall not be revived, unless expressly so
provided.
9. But, if implied repeal yung repealing law, the
prior law will be revived (e.g. Purjery law repeal
revived penal code provisions on perjury)
10. Executive orders and regulations – legislative
regulations must be in harmony with provisions
of law, and for the purpose of carrying into
effect general provisions.
Art 8. Judicial decisions applying or interpreting the
laws or the Constitution shall form a part of the legal
system of the Philippines.
1. Jurisprudence is not independent source of law.
2. It is judge-made law.
3. This is possible even though the supposed sole
function of Court is interpret  Court’s
construction merely establishes
contemporaneous legislative intent.
4. Judges formulate and declare law as applied
concretely to case before him.
5. Doctrine of Stare Decisis – once a question of
law has been examined and decided, it should
be deemed settled and closed to further
argument
a. Flexible. Changing conditions and
uselessness of law, Courts can depart
from said law.
b. Does not mean blind adherence to
precedents. No matter how long the
law’s been around, it must be
abandoned when necessary.
Art 9. No judge or court shall decline to render
judgment by reason of silence, obscurity or
insufficiency of the laws.
1. Not apply to criminal prosecutions. Kahit gano
ka lala ng criminal act, if there is no law to
punish it, dismissed na.
a. Doctrine of stare decisis
2. Duty of the court to decide and know and find
the laws applicable.
3. Obscurity/deficiency of law. Of obscure, judge
should clarify. If insufficient, judge should fill by
resorting to customs or general principles of
law. Judge should be given ample freedom to
resolve gaps, only when all rules of
interpretation has been exhausted when court
can create new rule on facts and within juridical
 order. New, foreign ideas when found must Art 13. When the law speak of years, months, days, or
introduce to legal system. nights, it shall be understood that…
4. Unjust laws. Judge cannot deny application of a
law simply because he finds it unjust.
a. Dura lex sed lex.
5. Customs and jurisprudence considered as Art 14. Penal laws and those of public security and
suppletory laws. safety shall be obligatory upon all who live or sojourn
a. Customs – judicial rule from constant in the Philippine territory, subject to the principles of
and continued uniform practice by public international law and to treaty stipulations.
members of a social community,
observed as obligatory. Requisites: 1. Applicability of laws to aliens.
i. Plurality pf acts/repetition of a. Must respect laws of the counter there
resolutions, decisions are in.
ii. Uniformity b. Local and temporary allegiance to the
iii. General practice by the great gov.
mass c. Obey its laws and may be prosecuted.
iv. Continued performance for d. Enjoy civil rights guaranteed by
long period Constitution. Cv rights are independent
v. Practice corresponds to a ofc citizenship.
juridical necessity or is 2. Military personal.
obligatory
Art. 15. Laws relating to family rights and duties, or to
vi. Practice not contrary to law.
the status, condition and legal capacity of persons are
Morals, public order.
binding upon citizens of the Philippines, even though
6. General principles of law – universal juridical
living abroad.
standards dictated by correct reason; principles
of justice beyond variability or uncertainty to
Art. 16. Real property as well as personal property is
facts; foundation of positive law in each
subject to the law of the country where it is situated.
country.
However, intestate and testamentary successions,
Art 10. In case of doubt in the interpretation or
both with respect to the order of succession and to the
application of laws, it is presumed that the lawmaking
amount of successional rights and to the intrinsic
body intended right and justice to prevail
validity of testamentary provisions, shall be regulated
by the national law of the person whose succession is
1. There is a law susceptible to at least two
under consideration, whatever may be the nature of
interpretations.
the property and regardless of the country wherein
2. Assume that they had justice in mind.
said property may be found (10a).
3. Equity. No justice if no equity.
a. Can correct/modify written law
Art. 17. The forms and solemnities of contracts, will,
b. Can extend law to supply deficiencies
and other public instruments shall be governed by the
c. To temper rigor of positive law
laws of the country in which they are executed.
d. Justice sweetened with mercy
e. To seek, follow intention of legislator, When the acts referred to are executed before the
rather than bare legal provision diplomatic or consular officials of the Republic of the
f. To adapt rigid law to social life. Philippines in a foreign country, the solemnities
established by the Philippine laws shall be observed in
Art 11. Customs contrary to law, public order or public
their execution.
policy shall not be countenanced.
Prohibitive laws concerning persons, their acts or
Art 12 A custom must be proved as fact, according to
property, and those which have for their object public
the rules of evidence.
order, public policy and good customs shall not be
rendered ineffective by laws or judgments
1. Non existence of customs. When those who are
promulgated, or by determinations of conventions
supposed to know them do not know them,
agreed upon in a foreign country (11a).
presume non existence.

Art. 18. In matters which are governed by the Code of
Commerce and special laws, their deficiency shall be
supplied by the provisions of this Code (16a).
Art. 19. Every person must, in the exercise of his rights
and in the performance of his duties, act with justice,
give everyone his due, and observe honesty and good
faith.
1. You can abuse your rights and injure others.
2. The old rule: classical theory, he who uses a
right injures no one”; no person can be held
liable for the damages to another by the
exercise of a right.
3. Right disappears through abuse; you do not
exercise a right while prejudicing another.
4. 3 principles why we should not abuse rights
a. Honeste vivere
b. Alterum non laedere
c. Jus suum quique tribuere
5. Test of abuse of right: abnormal exercise of
rights contrary to its socioeconomic purpose;
excessive or unduly; intention to injure; court
must base above on facts and circumstances.
6. Absence of good faith. Good faith – honest
intention to not take unconscientious
advantage of another. Thru technicalities of law
7. Article 1. Principle of abuse of rights (Art. 19)
and acts conta bonos mores (Art. 21) match.
8. Examples. (a) exercising a right with no
legitimate aim and with intent to spite another;
(b) there is no corresponding benefit to the
abuser, but there is a disadvantage to the other.
a. Pre-contractual abuse. Refusing to
receive certain guests by a hotel; racial/
sex discrimination by business owners,
employers, etc.
b. Contractual abuse. Dismissing
employees for no legit reason (e.g.
personal, political, union membership);
cut-throat competition; entering into
several contracts with competing
bodies.
c. Revocation of agency. If done
capriciously to prejudice agent, doer
must indemnify former for damages
latter may suffer (legal but abusive and
unjust).
d. Promise to marry. No obligatory force.
Breach has no liability for damages.
BUT, if shortly before wedding or after a
long engagement, one party breaks
engagement and causes moral and
material injury, liable for damages.
9. No abuse of right if no intention to prejudice,
but damages where incurred.
a. A store after being built next to another
store, receives more customers;
b. Employee dismissed for growing slow
and inefficient.
10. Absolute right. Exercise of which is NEVER
BASIS OF LIABILITY.
a. Parents’ right to deny consent to
marriage of a minor.
b. Right to deprive legal heirs of an
inheritance by giving them to others, so
long as the legit is not impaired.
c. Right to set up nullity of contracts
d. Refusal to enter into a contract (cannot
ask why you refused!)
i. Under Art 21, if you refuse to
enter into contract, or
transaction, for no reason, and
you are the only accessible
vendor in town, you are liable
for depriving people to buy you
products.
11. Justice by own hand. NOT ALLOWED. Except:
a. Parents punishing child with
moderation
b. Owner of land to cut off roots of trees
of neighbor that penetrate his land.
c. Right to abate nuisance extrajudicially.
Art 20. Every person who, contrary to law, willfully or
negligently causes damage to another, shall indemnify
the latter for the same.
1. Damages to person, liberty, or property.
2. Scope. Broad enough to cover all legal wrongs
not under violations of contract.
3. Moral negligence. We are required to act with
a. Prudence but not charity
b. Diligence not altruism
Egoism, failure to make sacrifices, and
moral fault or negligence do not
constitute liability.
Failure to help a victim or a person in
need is not liable.
Art 21. Any person who willfully causes loss or injury
to another in a manner that is contrary to morals,
good customs or public policy shall compensate the
latter for the damage.
1. Art 19. Whose principles are basis of this
provisions.
2. Reason: impossible to enumerate all wrongs
which cause damage (Code comm)jh
3. Effect on law of wrongs.
a. Broadened.
b. Now difficult to conceive of any
malevolent exercise of right without
being checked.
c. Fills gaps of statutes, permitting the
victimization of moral wrongs and
moral/material damages, though legal.
d. Obliterate line between morals and
laws (Code Comm)
4. Scope.
a. Acts which are legal and not prohibited,
but contrary to morals or good
customs.
b. Right or property injury
c. Material or immaterial injury
d. Act or omission
e. As long as there is willfulness and
contravention of morals or public
policy.
5. Requisites.
a. Willful – there is knowledge of the
injurious effect.
i. Injury does not have to be the
main purpose of act but should
be an effect.
ii. Act does not have to be done
against the person injured
(basta as long as alam mong
may at least isang taong
maiinjure)
6. Examples.
a. Refusing to enter into a contract
(although an absolute right), if for no
reason, and if you are the only available
source of resources (vendor) in town, is
liable.
b. Burning house of X to prejudice an
insurance company.
c. Causing financial ruin to another to
acquire buy his property at low cost.
d. Abuse of public office to obtain illicit
benefits to the injury of another
e. Delay of a pending case by setting up
defenses that are obviously.
f. Acquisition of property to prevent other
who actually need it from having
property.
g. If an execution of judgment is contrary
to equity and justice.
7. Awarding damages for unjust decisions.
a. Does not violate res judicata
b. Unfair if a persons enriches himself
through an unjust decision at the
expense of another
8. Conflicts of interest. Unfair means employed
during a conflict of interest is liable for
damages. Examples:
a. Boycott may be immoral if purely for
vengeance or self-aggrandizement, or
threatening, defaming, and with
coercion.
b. Strikes immoral if based on false
assertions
c. Own example: Calling for a boycott
against a certain hospital because it
“did not treat you well”, when truly,
you failed to follow their professional
medical advice, simply because said
advice was “sketchy”, which may have
led to your physical deterioration
9. Illicit sexual relations.
A seduces 19 y.o. daughter of X. Promise of marriage
not made, or cannot be proved. Girl becomes pregnant.
Under present law, there is no crime, as the girl is above
18 y.o. Neither can any civil action for breach of promise
of marriage be filed. Therefore, though a grievous moral
wrong has been committed, and though the girl and her
family have suffered incalculable moral damage, she
and her parents cannot bring any action for damages.
But under this article, she and her parents would have
such a right of action.”
a. Example by Code Commission:
b. Seduction = deception
i. If no seduction, it is a
consensual, mutual act.
Therefore no basis for
indemnity
c. So long as there is a wrongful, willful act
resulting to injury, there is civil liability,
even though it is not criminal.
10. Breach of promise to marry is actionable in
Art. 21. But you don’t need such breach of
promise to pray for acknowledgment and
support of child from guy, if plaintiff is induced
 (encouraged, persuaded) to live with defendant
contrary to morals and good customs.
11. Exception. Actor is not liable if damages are
caused by inexcusable fault or negligence of
victim. Doctrine of proximate cause.
12. Unjust enrichment. At expense of another.
Pioneered by German and Swiss laws.
Examples:
a. Condictio indebiti
b. Condictio cause data non secuta
c. Sine causa
d. Ex injustia causa
e. Turpis causa
CIVIL PERSONALITY
Art. 37. Juridical capacity, which is the fitness to be the
subject of legal relations, is inherent in every natural
person and is lost only through death. Capacity to act,
which is the power to do acts with legal effect, is
acquired and may be lost.
1. Kind of Capacity.
a. Juridical Capacity (a.k.a. legal capacity
and personality). Aptitude to hold and
enjoy rights.
i. Mere fact of being a human.
Existed in all humanity.
b. Capacity to act. Exercise of/power to
act on rights. Depending on state/
condition.
i. Conditional and variable.
Requires intelligence and will.
2. Capacity and incapacity are not rights, but
qualities of persons, and cannot be alienated.
Art. 38. Article 38. Minority, insanity or imbecility, the
state of being a deaf-mute, prodigality and civil
interdiction are mere restrictions on the capacity to
act, and do not exempt the incapacitated person from
certain obligations, as when the latter arise from his
acts or from property relations, such as easements.
(32a).
1. Prodigality – state of squandering money or
property with a morbid desire to prejudice the
heirs of a person
2. Civil interdiction – deprivation by the court of a
person’s right
3. Minority – has restricted capacity to act
4. Insanity/imbecility – condition where a
person’s mind is sick; feeble-mindedness, or a
person thinks like a small child
5. Monomania – insanity in one thing is not
necessarily insanity in other things
Note: If a person is under guardianship because of
insanity, he is of course presumed insane if he should
enter into a contract. But this presumption is only prima
facie or rebuttable. If it can be shown that he was acting
during a lucid interval, the contract will be considered
valid.
6. Deaf-mute – sane or insane; may make a will,
but cannot be a competent witness to a notarial
will.
7. Civil interdiction – restrictions do not extinguish
capacity to act. They merely restrict or limit the
same; incapacitated person in not exempt from
certain obligations arising from his acts.
Art. 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, alienage, absence,
insolvency and trusteeship. The consequences 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
opinion.
A married woman, twenty-one years of age or over, is
qualified for all acts of civil life, except in cases
specified by law.
1. Broader than Art. 38 (restrictions on capacity to
act). Art. 9. Includes not only restrictions of
limitations but also circumstances that modify
capacity to act.
2. Example: Acc. to Code Commission, a father has
generally full civil capacity and in not as such
restricted under Art. 38; however, because he is
a father, his capacity to alienate his property is
modified in the sense that he cannot impair the
legitime of his compulsory heirs.
3. Family relations. Man cannot marry his mom,
sister, first cousin. The fact that a man is the
dad of the fam creates an obligation to give
support to his fam and give children their
legitime.
4. Alienage – cannot generally acquire private or
public agricultural lands, including those
residential in nature, except thru hereditary
succession.
a. Alien Corps cannot under law own said
lands, at all.
b. Alien cannot vote or be voted
 c. Fil who married to a foreigner and who
acquires his citizenship cannot acquire
land in Ph.
5. Absence. Fact that one has been absent for
several years and his whereabouts cannot be
determined, subjects his property to
administration by order of court, though his
capacity to act is not limited.
6. Married women. Being a wife modifies capacity
to dispose of conjugal property or to bring an
action, though her capacity to act is not limited
in the sense that a minor’s capacity is limited.
Art 40. Birth determines personality; but the conceived
child shall be considered born later with the conditions
specified in the following article.
1. Birth. Removal of fetus from mother’s womb.
2. Before birth, fetus is not a person, but part of
internal organs. Because of expectancy of its
birth, the law protects it and its rights, and if it
should be born, it’s legal existence retroact to
the moment of conception (first 120 of 300
days preceding birth).
3. Conceived child is considered born for purposes
favorable to it.
4. Legal personality is:
a. Limited to the purposes favorable to
the child
b. Conditional, depends upon the child
being born alive later. In not alive,
personality disappears as if it never
existed.
5. Rights of conceived child.
a. Receive donations
b. Inherit by will or intestacy
c. Compensation for personal injuries
inflicted (extinguished when born dead
– e.g. aborted).
Art 41. For civil purposes, the fetus is considered born
if it is alive at the time it is completely delivered from
the mother’s womb. However, if the fetus had an
intra-uterine life of less than seven months, it is not
deemed born if it dies within 24 hours after its
complete delivery form the maternal womb.
1. Separation from mother cutting of umbilical
cord.
2. Alive at birth. Law requires that child is alive at
the time of complete separation.
a. For juridical personality, enough that
child lives even for an instant.
3. Test of life. From extra-uterine life, child must
have independent life, not just continuation of
intra-uterine life (i.e. complete respiration,
crying, lungs float when in water).
4. Viability (functionable, practicable organs) not
required.
5. If pre-mature (<7 mos intra-uterine), must have
survived for at least 24 hours. Otherwise, no
judicial personality, even if it were killed and
would have survived if not killed.
6. Child is assumed alive in case of doubt, and
burden of proof is placed on the opposer.
7. Parents can recover for damages when fetus
dies before birth due to inflicted injury – moral
and exemplary damages. Not pecuniary
damages.
Art 42. Civil personality is extinguished by death. The
effect of death upon the rights and obligations of the
deceased is determined by law, by contract, and by
will.
1. Only for natural/ physical death.
2. Rights and obligations are extinguished, or
inherited by successor, depending on the law,
contract, or will.
3. Estate. Personality if deemed to continue in his
estate. Estate of legal person has legal
personality independent of heirs.
a. Assets the deceased left is vested with
rights and obligations, which survive
after his demise. Rights and obligs may
only be fulfilled by his estate.
4. Corpse is not a person.
a. Cannot be subject of rights, since
juridical capacity is extinguished by
death.
b. Law is regulation of human social life
and behavior.
c. Becomes a “thing”, susceptible to
control.
Art. 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 transmission of rights
from one to other.
Art. 44. The following are judicial persons:
1. The state and its political subdivisions;
 2. Other corporations, institutions, and entities
for public interest or purpose, created by law;
their personality begins 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 personality, separate and
distinct from that of each shareholder. Partner,
or member.
Art. 45. Juridical persons mentioned in Nos. 1 and 2 of
preceding article are governed by the laws creating or
recognizing them.
Private corporations are regulated by laws of general
applications on the subject.
Partnerships and associations for private interest or
purpose are governed by the provisions of this Code
concerning partnerships.
Art. 46. Juridical persons may acquire and possess
property of all kinds, as well as incur obligations and
bring civil or criminal actions, in conformity with the
laws and regulations of their organization.
Art. 47. Upon the dissolution of corporations,
institutions and other entities for public interest or
purpose 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 specified 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.
CHAPTER 2: ESSENTIAL REQUISITES OF CONTRACTS
GENERAL PROVISIONS
SECTION 1: CONSENT
Art. 1327. The following cannot give consent to a
contract.
(1) Unemancipated minors;
(2) Insane or demented persons, and deaf-mutes
who do not know how to write (1263a)
Art. 1328. Contracts entered into during a lucid
interval are valid. Contracts agreed to in a
state of drunkenness of during a hypnotic spell
are voidable.
CHAPTER 7: VOIDABLE CONTRACTS
Art. 1390. The following contracts are voidable or
annullable, even though there may have been no
damage to the contracting parties.
(1) Those where one of the parties is incapable of
giving consent to a contract;
(2) Those where consent is vitiated by mistake,
violence, intimidation, undue influence or
fraud.
Art. 1397. The action for annulment of contracts may
be instituted by all who are thereby obliged principally
or subsidiarily. However, persons who are capable
cannot allege the incapacity of those with whom they
contracted; nor can those who exerted intimidation,
violence, or undue influence, or employed fraud, or
caused mistake base their action upon these flaws of
the contract (1302a)
Art. 1399. When the defect of the contract consists in
the incapacity of one of the parties, the incapacitated
person is not obliged to make any restitution except
insofar as he has been benefited by the thing or price
received by him. (1304)
CHAPTER 8: UNENFORCEABLE CONTRACTS
Art. 1403. The following contracts are unenforceable,
unless they are ratified:
(1) Those entered into in the name of another
person by one who has been given no
authority or legal representation, or who has
acted beyond his powers.
(2) Those who do not comply with the Statute of
Frauds as set forth in this number. In the
following cases an agreement hereafter made
shall be unenforceable by action, unless the
same, or some note or memorandum thereof,
be in writing and subscribed by the party
charged, or by his agent; evidence, therefore, o
the agreement cannot be received without the
writing, or a secondary evidence of its
contents:
(a) An agreement that by its terms is
not to be performed within a year
from the making thereof;
(b) A special promise to answer for the
debt, default, or miscarriage of
another;
 (c) An agreement made in
consideration of miscarriage, other
than a mutual promise to marry.
(d) an agreement for the sale of goods,
chattels or things in action, at a price
not less than 500 pesos, unless the
buyer accept and receive part of such
goods and chattels, or the evidence, or
some of them, of such things in action
or pay at the time some part of the
purchase money; but when a sale is
made by auction and entry is made by
the auctioneer in his sales book, at the
time of the sale, of the amount and
kind of property sold, terms of sale,
price, names of the purchasers and
person on whose account the sale is
made, it is sufficient memorandum.
(e) An agreement of the leasing for a
longer period than a year, or for the
sale of real property or of an interest
therein;
(f) A representation as to the credit of
a third person.
(3) Those where both parties are incapable of
giving consent to a contract.
sale, saving the modifications contained in the
following articles.
Where necessaries are sold and delivered to a minor or
other person without capacity to act, he must pay a
reasonable price therefor. Necessaries are those
referred to in Article 290. (1457)
1. Art. 290. Support is everything that is
indispensable for sustenance, dwelling,
clothing, and medical attendance, according to
the social position of the family. Support also
includes the education of the person entitled to
be supported until he completes his education
or training for some profession, trade or
vocation, even beyond age of majority. (124a)
Art 2176. Whoever by act or omission causes damage
to another, there being fault or negligence, is obliged
to pay for the damage done. Such fault or negligence,
if there is no pre-existing contractual relation between
the parties, is called a quasi-delict and is governed by
the provisions of this Chapter.
1. Quasi-delict. A negligent act or omission
causing harm to person or property of another;
exposes person to civil liability as if the act or
omission is intentional.

TITLE III: NATURAL OBLIGATIONS

Art. 1426. When a minor between 18 and 21 years or
age who has entered into a contract without consent of
the parent or guardian, after the annulment of the
contract voluntarily returns the whole thing or price
received, notwithstanding the fact that he has not been
benefited thereby, there is no right to demand the
things or price thus returned.
Art. 1427. When a minor between 18 and 21 years of
age, who has entered into a contract without consent
of the parent or guardian, voluntarily pays a sum of
money or delivers a fungible thing in fulfillment of the
obligation, there shall be no right to recover the same
from the oblige who has spent o consumed it in good
faith. (1160A)
TITLE VI: SALES
CHAPTER 2: CAPACITY TO BUY OR SELL
Art. 1489. All persons who are authorized in this Code
to obligate themselves, may enter into a contract of
 are for adultery,

FAMILY CODE concubinage and legal

separation.

Once marriage has been properly solemnized and

FAMILY CODE Art 1. Marriage is a special contract of
obligations of marriage undertaken, validity cannot be
permanent union between a man and a woman
affected by antenuptial agreement not to live together,
entered into in accordance with the law for the
nor by an agreement previously entered into that the
establishment of conjugal and family life. It is the
marriage should not be valid and binding, nor because
foundation of the family and an inviolable social
one or both parties did not intend it to be a permanent
institution whose nature, consequences, and incidents
relation.
are governed by law and not subject to stipulation,
except that marriage settlements may fix the property
5. Principal effects:
relations during the marriage within the limits
a. Personal and economic relations - bet.
provided by this Code (52a).
Parties; source
1. Based on Article 52 Civil Code, saying it is not a b. Legit sexual union and family
mere contract. c. Personal and econ rel. between parent
2. Marriage; social institution. Institution of public and child – giving considerable rights
order, founded on custom and morality. and duties
a. Sui generis; has a social characters; d. Family relationship – from which flow
with consent of parties various juridical consequences (i.e.
b. juridical act for purposes of procreation impediments to marriage; right to
and other material and moral ends. support and inheritance)
c. Foundation of domestic relations of e. Emancipation – of spouses from
utmost importance to civilization and parental authority
social progress; why state is deeply f. No donations – between spouses.
concerned about its purity and g. No testifying – of spouses against each
integrity. other
3. Characteristics. h. Modified criminal liability
a. Civil: established by state; i. Exemption – when one spouse
secular/irreligious defends other from unlawful
b. Public order or policy: governed by aggression or is his accessory
rules of law, not subject to stipulation after the fact
of parties. ii. Mitigation – when crime is
c. Natural: objective to satisfy intimate committed in vindication of
sentiments and needs of human beings grave offense against spouse
for organic perpetuation of man. iii. Aggravation – when injured is
4. Marriage v ordinary contracts spouse of offender
Similarity: Consent of both parties 6. Contract to marry. When spouses mutually
Ordinary Contract Marriage agree at some future time; a.k.a. engagement
agreement; executory contract
Any number of persons One man and one
a. Promise cannot be forced by court;
can enter woman
consent of actual marriage is purely or
Agreement of parties Law fixes duties and
VOLUNTARY.
have force of law rights of the parties
b. no ceremony or formality required
between them (readily-made contract?)
c. BUT has to be believable enough to
Terminated by mutual Cannot be terminated,
injured party (e.g. persistence,
agreement eve though one party
repetition of offer that give sign to
subseq. fails to do his
sincerity).
part
d. If, after breaking up, the couple make
Breach of contract  Breach of obligations of
up, say “no more misunderstandings”,
action for damages spouse  no action;
etc., it is considered continuation of
penal and civil sanctions
contract to marry.
7. Breach of promise.
a. Contracts to marry usually consist of
several promises made at different
times; BUT there is only one breach –
that is the ultimate breach of contract.
b. Request to postpose for a reasonable
cause is NOT a breach or repudiation of
contract and oblig’s.
c. Repudiation. Exists when, before
marriage, one party backs out, refuses
to further communicate or to maintain
relationship, marries another.
8. Damages of breach
There used to be an entire chapter on this in the
original CC, but the Code Com eliminate all 10
articles. In De Jesus v Syquia, CC says there is
not action for breach of promise to marry in Civil
Law apart from right to recover money or
property advanced by plaintiff upon the faith of
promise.
The Com eliminated this but intended to
maintain such rule, to avoid abuse of such
rights of action (reason for Heart Balm Act in
Paccininni v Hajus).
1. Can you recover damages after BOPM?
a. If purely based on breach: No
seduction = no cause of action
i. Emotional and mental
anguish = moral damages
(acc. Art. 2217 NCC); NOT
actionable.
b. If based on tort or quasi delict
(negligent act or omission causing
harm): actionable under Arts. 19,
21, 22.
2. Effect of Seduction.
Before NCC, promises or marriage based on
carnal relations is of unlawful consideration;
not actionable. Reason: if carnal intercourse
between parties is a crime, it is common to
both parties, against which Article 1411 (old
1305) bars recovery. If not a crime, then
immoral (Art. 1412/1306). Art. 2176 (1902)
says no recovery can be made if person
causes damage to another through
negligent act or omission, since the woman
participated in the act.
a. Other ways to recover. Ex., if guy
urges you to quit job upon
pregnancy, and you do, and the guy
leaves you, the guy is liable for
damages representing the salary
you should have earned.
b. Possible to base an action upon
carnal knowledge of plaintiff by
defendant, separate from breach of
promise, under Quasi-delict (Art
2176) and Art 21)
i. Because carnal does NOT
constitute a promise to
marry. Marriage contract is
a mutual consideration, and
is not made upon carnal
relations.
ii. Promise to marry is a
means of seduction.
iii. It is also a breach of trust.
iv. Subsequent marriage
pardons this, but refusal to
marry makes seduction
VERY WRONG and
injurious.
Unfortunately, the doctrine is worded so
broadly, making it look like it is the
woman’s fault for having faith is the
man she thought was her hubby-to-be.
3. Abuse of right (Art 19).
a. Can be filed against under Art 19
even in absence of seduction.
b. Capriciously abandoning contract
for no reason, causing moral and
material damage has liability,
especially when done just before
marriage and after long
engagement.
4. Unjust enrichment (Art 22).
a. Includes gifts, money, etc., which
are legally conditional, may be
recovered
b. Absolute gifts (e.g. Christmas,
valentines, etc.) not recoverable.
5. Oral agreement.
a. Consideration of marriage. to be
actionable, it has to be proven by
written agreement.
b. Promise to marry. Does not need
written proof; there is presumption
that it is a mutual promise to marry
i. Parents of aggrieved bride
cannot sue, therefore, since
they are not part of the
promise, and promise is not
mutual on their part.
 ii. Statute of Frauds. Only knowledgeArt. 47 MARRIAGE Void and
apply to enforcement of Voidable Marriages
contract, not breach.
of the other’s insanity; by any relative,
Art. 5. Any male or female of the age of eighteen years guardian or person having legal charge of the
or upwards not under any of the impediments insane, at any time before the death of either
mentioned in Articles 37 and 38, may contract party; or by the insane spouse during a lucid
marriage. (54a) interval or after regaining sanity;

Art. 35. The following marriages shall be void from the (3) For causes mentioned in Number 3 of Article
beginning: 45, by the injured party, within fi ve years after
the discovery of the fraud;
(1) Those contracted by any party below eighteen
years of age even with the consent of parents (4) For causes mentioned in Number 4 of Article
or guardians; 45, by the injured party, within fi ve years from
the time the force, intimidation or undue infl
(2) Those solemnized by any person not legally uence disappeared or ceased;
authorized to perform marriages unless such
marriages were contracted with either or both (5) For causes mentioned in Numbers 5 and 6 of
parties believing in good faith that the Article 45, by the injured party, within fi ve
solemnizing offi cer had the legal authority to years after the marriage. (87a)
do so;
(3) Those solemnized without a license, except
those covered by the preceding Chapter;
(4) Those bigamous or polygamous marriages not
falling under Article 41;
(5) Those contracted through mistake of one
contracting party as to the identity of the
other; and
(6) Those subsequent marriages that are void
under Article 53.

Art 42. The subsequent marriage referred to in the

preceding Article shall be automatically terminated by
the recording of the affidavit of reappearance of the
absent spouse, unless there is a judgment annulling
the previous marriage or declaring it void ab initio.
Art 47. The action for annulment of marriage must be
fi led by the following persons and within the periods
indicated herein:
(1) For causes mentioned in Number 1 of Article
45, by the party whose parent or guardian did
not give his or her consent, within five years
after attaining the age of twenty-one; or by
the parent or guardian or person having legal
charge of the minor, at any time before such
party reached the age of twenty-one;
(2) For causes mentioned in Number 2 of Article
45, by the sane spouse who had no