The Civil Code of the Philippines

(Republic Act No. 386, As Amended)

Preliminary Title

Chapter 1 – Effect and Application of Laws

Article 1. This Act shall be known as the “Civil Code of the Philippines.” (n)

Code
- collection of laws of the same kind
- body of legal provisions referring to a particular branch of law

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

History of Philippine Civil Code

1. Civil Code of Spain of 1889

- first civil code in force in the Philippines
- extended to the country by the Royal Decree of July 31, 1889 and became effective on
December 7, 1889

2. Republic Act No. 386

- approved by Congress on June 18, 1949

Several civil laws are scattered in the various special laws promulgated by the Legislature.

Sources of the Civil Code

1. Spanish Civil Code of 1889

2. codes, laws, and judicial decisions as well as the work of jurists of other countries
3. doctrines laid down by the Supreme Court
4. Filipino customs and traditions
5. Code Commission

Civil Code of the Philippines

- consists of 2, 270 articles
Book I – Persons
Book II – Property, Ownership and Its Modifications
Book III – Different Modes of Acquiring Ownership
Book IV – Obligations and Contracts

Note: The Family Code of the Philippines repeals Articles 52 to 304, 311 to 355, and 397 to 406
of Book I.

Effectivity of Civil Code

- According to several cases decided by the Supreme Court, the Civil Code of the Philippines
became effective on August 30, 1950 (exactly one year the after Official Gazette published it for
circulation on August 30, 1949)
- must be one year after publication, not circulation

Article 2. Law shall take effect fifteen days following the completion of their publication
either in the Official Gazette, or in a newspaper of general circulation in the Philippines,
unless it is otherwise provided. (As amended by Executive Order No. 200)

Note: If the law is silent to its own effectivity, it shall take effect only after 15 days following its
complete publication.

Example: Family Code of the Philippines (Executive Order No. 209)

Computation:

15th Day – if the law declares that it shall become effective “15 days after its publication”
16th Day – if the law declares that it shall become effective “15 days following its publication”

Ignorantia legis non excusat – Latin, ignorance of the law excuses not

Article provision “unless it is otherwise provided”

- only refers to laws that have been duly published pursuant to the basic constitutional
requirements of due process
- refers to the date of effectivity and not the requirement of publication

Executive Order No. 200

- passed by President Corazon Aquino on June 18, 1987
- publication of laws may be in either the Official Gazette or newspaper of general circulation in
the Philippines
Newspaper of general circulation
- published for the dissemination of local news
- has a bona fide subscription list of paying subscribers
- published at regular intervals

Laws in Article 2 – should refer to all laws and not only to those of general application

Note: All statutes including those of local application and private laws, shall be published as a
condition for their effectivity.

 Presidential Decrees and Executive Orders

 Administrative Rules and Regulations – required to be published if their purpose is to
enforce or implement existing laws pursuant also to a valid delegation
 Monetary Board Circulars
- required to be published if they are meant not merely to interpret but to “fill in the
details” of the Central Bank Act
- circulars which prescribe a penalty for their violation must be published before
becoming effective
 Municipal Ordinances – covered by the Local Government Code
 Supreme Court Decisions – not included

Article 3. Ignorance of the law excuses no one from compliance therewith. (2)

Presumption of Knowledge of Laws

- everyone is conclusively presumed to know the laws
- based on the constructive notice that provisions of the law are ascertainable from the public and
official repository where they are duly published
- established because of the obligatory force of law
- dictated by expediency and necessity

Note: Laws referred are those of Philippine laws. Article 3 applies to all kinds of domestic laws,
whether civil or penal, substantive or remedial. However, the article is limited to mandatory and
prohibitory laws.

 Not Applicable to Foreign Laws – ignorance of a foreign law will not be a mistake of
law but a mistake of fact
 Doctrine of Processual Presumption/Doctrine of Presumed-Identity Approach in
International Law
- there is no judicial notice of any foreign law
 - our courts will presume that the foreign law is the same as our local or domestic or
internal law

Article 526 of the Civil Code: “mistake upon a doubtful or difficult question of law may be the
basis of good faith”

According to the Supreme Court, a lawyer cannot be disbarred for an honest mistake or error
of law.

Article 4. Laws shall have no retrospective effect, unless the contrary is provided. (3)

Retroactive Law – intended to affect transactions which occurred, or rights which accrued,
before it became operative, and ascribes to them effects not inherent to their nature

General rule of law: lex prospicit, non respicit (the law looks forward, not backward)

Exceptions to the general rule:

1. the law itself provides for retroactivity – meaning of the clause of “unless the contrary is
provided” in Article 4
2 exceptions with a constitutional basis:
1. Ex-Post Facto Law
- a law that would make a previous act criminal although it was not so at the time
it was committed
- under Section 22, Article III of the 1987 Philippine Constitution, Congress is
prohibited from enacting ex-post facto laws
Requisites:
1. refer to criminal matters
2. retroactive in its application
3. prejudicial to the accused
2. Non-Impairment of Obligation of Contracts
- under Section 10, Article III of the 1987 Philippine Constitution, the Congress is
prohibited from passing laws that will impair the obligation of contracts
- a law impairs the obligation of contract it has retroactive application so as to
affect existing contracts concluded before its enactment

General rule of the non-impairment of contracts: Only laws existing at the

time of the execution of the contract are applicable thereto and not later statute,
unless specifically intended to have a retroactive effect.
 A law which enlarges or changes the intent of the parties and the contract
necessarily impairs the contract itself and cannot be given retroactive effect
without violating the constitutional prohibition.

Exception to the rule of non-impairment of contracts:

Police power
- applicable not only to future contracts but also to those already in existence
- vested rights clauses will have to yield to the superior and legitimate exercise by
the State of police power to promote the health, morals, peace, education, good
order, safety, and general welfare of the people

2. penal laws favorable to the accused – penal laws shall have a retroactive effect as they favor
the person guilty of a felony who is not a habitual delinquent although at the time of publication,
a final sentence has been pronounced and the convict is serving the same
3. procedural or remedial laws
– statutes relating to the remedies or modes of procedure, which do not create a new or take
away vested rights but only operate in the furtherance of the remedy or confirmation of rights
already existing

General rule: no vested right may attach nor rise from procedural laws

Vested right – one whose existence, effectivity and extent do not depend upon
events foreign to the will of the holder
- present fixed interest which in right reasons and natural justice, should be
protected against arbitrary State action
- right must have become a title legal or equitable to the present or future
enjoyment of property
- includes exemption from new obligations created after the right has become
vested
- present interest, absolute, unconditional, and perfect or fixed and irrefutable

Loss of vested right – may not be deprived but may be lost through due process
and deprivation is found in law and jurisprudence.

4. curative laws
– statute enacted to cure defects in a prior law to validate legal proceedings, instruments or acts
of public authorities
- supply defects, abridge superfluities and curb certain evils
- retroactive in essence
 1. cannot violate constitutional provisions
2. cannot destroy vested rights
3. cannot affect a final judgment

5. law creating new substantive right – can be given a retroactive effect provided it has not
prejudiced another acquired right of the same origin

Article 5. Acts executed against the provisions of mandatory or prohibitory laws shall be
void, except when the law itself authorizes their validity. (4a)

Mandatory – when the law commands something to be done

Prohibitory – when the law commands something that should not be done
Permissive or directory – when the law commands that what it permits to be done should be
tolerated or respected

General rule: Acts executed against the provisions of mandatory or prohibitory laws are void.

Exceptions to the rule

1. when law itself authorizes its validity although generally they would have been void
2. when the law makes the act valid but punishes the violator
3. where the law merely makes the act voidable, that is, valid unless annulled
4. where the law declares the act void, but recognizes legal effects

Article 6. Rights may be waived, unless the waiver is contrary to law, public order, public
policy, morals, or good customs, or prejudicial to a third person with a right recognized by
law. (4a)

Elements of Rights
1. subject – rights exist only in favor of persons
2 kinds of subject:
1. active – entitled to demand the enforcement of the right
2. passive – duty-bound to suffer the enforcement
2. object – things and services
3. efficient cause – the fact that gives rise to the legal relation

Kinds of Rights
1. political rights – referring to the participation of persons in the government of the State
2. civil rights – involves all others
Classifications:
1. rights of personality (human rights)
 2. family rights
3. patrimonial rights
2 Kinds:
1. real right – the power belonging to a person over a specific thing; without a
passive subject; enforceable against the whole world
2. personal right – power belonging to a person to demand of another

Note: The patrimonial rights can be waivered.

Waiver – a voluntary and intentional relinquishment or abandonment of a known existing legal

right, advantage, benefit, claim, or privilege.

Requisites of valid renunciation of right:

1. must actually have the right he renounces
2. must have knowledge of its existence
3. must have the capacity to make the renunciation
4. must be made in a clear and unequivocal manner

General rule: A person may waive any matter which affects his property and any alienable right
or privilege of which he is the owner, provided such rights and privileges are for his sole benefit,
do not infringe on the right of others and does not contravene public policy.

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 declared 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. (5a)

Ways of Repealing Laws

1. express repeal – contained in a special provision of a subsequent law (with specific laws
intended to be repealed or abolished)
2. implied repeal
– takes place when the provisions of the subsequent law are incompatible with those of prior
laws and there’s no express repeal
- there must be a plain, unavoidable and irreconcilable repugnancy between the two laws
Presumption Against Implied Repeal
- interpretare et concordare lequibus est optimus interpretendi (to interpret and reconcile laws
with laws is the best manner of construing them)

Requisites of Implied Repeal

1. laws cover the same subject matter
2. latter is repugnant to the earlier

General Law and Special Laws

- when there is conflict between general law and special laws, the special statute shall prevail

If the general law was enacted prior to the special law, the special law is considered the
exception to the general law. No repeal.

If the general law was enacted after the special law, the special law remains unless:
1. there is an express declaration to the contrary
2. there is a clear, necessary and irreconcilable conflict
3. the subsequent general law covers the whole subject and is clearly intended to replace the
special law

Effects of Repeal of Repealing Law

Express Repeal – when a law which expressly repeals a prior law is itself repealed, the law first
repealed shall not be revived
Implied Repeal – when a law which impliedly repeals a prior law is itself repealed, the prior law
shall thereby be revived

Power of judicial review – when the Supreme Court passes judgment upon the constitutionality
of a statute or an administrative action

Doctrine of operative fact

– recognizes the existence of the law or executive act prior to the determination of its
unconstitutionality as an operative fact
- applies only to cases where extraordinary circumstances exist and only when the extraordinary
circumstances have met the stringent conditions
Article 8. Judicial decisions applying or interpreting the laws or the Constitution shall form
a part of the legal system of the Philippines. (n)

Decisions of the Supreme Court

– evidence the laws’ meaning, breadth and scope
- legis interpretation legis vim obtinent (the interpretation placed upon the written law by a
competent court has the force of law)
- stare decisis et non quieta movere (to adhere to precedents and not to unsettle established
matters)
- judicial guide to the inferior courts

Doctrine of Stare Decisis

- when the Court has laid down a principle of law as applicable to a certain state of facts, it will
adhere to that principle and apply it to all future cases wherein the facts are substantially the
same
- based on the principle that once a question of law has been examined and decided, it should be
deemed settled and closed to further argument
- only refers to Supreme Court decisions
- the Supreme Court’s decisions forms part of the law as of the date it was originally passed

Article 9. No judge or court shall decline to render judgment by reason of the silence,
obscurity or insufficiency of the laws. (8)

- applicable to criminal prosecutions

- nullum crimen, nulla poena sine lege (there is no crime when there is no law punishing it)

Note: If the law is silent, obscure or, insufficient, judge shall apply the custom of the place and
the general principles of the law and justice.

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. (n)

- dura lex sed lex (the law may be hard, but it still the law)

Equity
– justice outside legality
- applied only in the absence of, and never against, statutory law or judicial rules of procedure