CIVIL CODE OF THE PHILIPPINES

Republic Act No. 386: An act to ordain and institute the Civil Code of the Philippines
Enacted: January 26, 1949
Effectivity: August 30, 2950

Chapter 1: Effect and Application of Laws

ARTICLE 1. When the courts declare a law to be inconsistent

This Act shall be known as with the Constitution,
the "Civil Code of the Philippines." the former shall be void and the latter shall
govern.
ARTICLE 2. Administrative or executive acts,
Laws shall take effect orders and
after fifteen days regulations
following the completion of their publication shall be valid
in the Official Gazette, only when they are not contrary
or in a newspaper of general circulation to the laws or
in the Philippines the Constitution.
unless it is otherwise provided.
(As amended by E.O. 200) ARTICLE 8.
Judicial decisions
ARTICLE 3. applying or
Ignorance of the law interpreting the laws
excuses no one from compliance therewith. or the Constitution
shall form part of the legal system of the Philippines.
ARTICLE 4.
Laws shall have no retroactive effect, ARTICLE 9.
unless the contrary is provided. No judge or court
shall decline to render judgment by
ARTICLE 5. reason of the silence,
Acts executed against the provisions of obscurity or
mandatory or insufficiency of the laws.
prohibitory laws
shall be void, ARTICLE 10.
except when the law itself authorizes their validity. In case of doubt in
the interpretation or
ARTICLE 6. application of laws,
Rights may be waived, it is presumed that the lawmaking body intended right
unless the waiver is contrary to and justice to prevail.
law,
public order, ARTICLE 11.
public policy, Customs which are contrary to
morals, or law,
good customs, or public order or
prejudicial to a third person public policy
with a right recognized by law. (4a) shall not be countenanced.

ARTICLE 7. ARTICLE 12.

Laws are repealed A custom must be proved as a fact,
only by subsequent ones, according to the rules of evidence.
and their violation or non-observance
shall not be excused by ARTICLE 13.
disuse, or When the laws speak of
custom or years,
practice to the contrary. months,
 days or shall be regulated by the national law of the person
nights, whose succession is under consideration,
it shall be understood that whatever may be the nature of the
years are of three hundred sixty-five days each; property
months, of thirty days; and regardless of the country
days, of twenty-four hours; and wherein said property may be
nights from sunset to sunrise. found.
If months are designated by their name,
they shall be computed by the number of days ARTICLE 17.
which they respectively have. The forms and solemnities of
In computing a period, contracts,
the first day shall be excluded, wills, and
and the last day included. other public instruments
shall be governed by the laws of the country
ARTICLE 14. in which they are executed.
Penal laws and those of public security and safety When the acts referred to are executed before
shall be obligatory upon all who the diplomatic or
live or consular officials of the Republic of the
sojourn in Philippine territory, Philippines in a foreign country,
subject to the solemnities established by Philippine laws shall be
the principles of public international law observed in their execution. cd
and Prohibitive laws concerning
to treaty stipulations. persons,
their acts or
ARTICLE 15. property, and
Laws relating to family rights and duties, those which have for their object
or to the status, public order,
condition and public policy and
legal capacity of persons good customs
are binding upon citizens of the Philippines, shall not be rendered ineffective
even though living abroad. by laws or judgments promulgated, or
by determinations or conventions
ARTICLE 16. agreed upon in a foreign country. (11a)
Real property as well as personal property
is subject to the law of the country where it is ARTICLE 18.
situated. In matters which are governed by the Code of
However, intestate and testamentary successions, both Commerce
with respect and special laws,
to the order of succession and their deficiency shall be supplied by the provisions of
to the amount of successional rights and this Code.
to the intrinsic validity of testamentary provisions,

Chapter 2: Human Relations

ARTICLE 19. wilfully or negligently causes damage to another,

Every person must, shall indemnify the latter for the same.
in the exercise of his rights and
in the performance of his duties, ARTICLE 21.
act with justice, Any person who wilfully causes loss or injury to another
give everyone his due, and in a manner that is contrary to
observe honesty and good faith. morals,
good customs or
ARTICLE 20. public policy
Every person who, shall compensate the latter for the damage.
contrary to law,
ARTICLE 22. (3) Intriguing to cause another to be alienated from
Every person his friends;
who through an act of performance by another, (4) Vexing or humiliating another on account of his
or any other means, religious beliefs,
acquires or comes into possession of something lowly station in life,
at the expense of the latter place of birth,
without just or legal ground, physical defect, or
shall return the same to him. cdt other personal condition.

ARTICLE 23. ARTICLE 27.

Even when an act or event Any person suffering material or moral loss
causing damage to another's property because a public servant or employee refuses or
was not due to the fault or negligence of neglects,
the defendant, without just cause,
the latter shall be liable for indemnity to perform his official duty
if through the act or event he was benefited. may file an action for damages and other relief
against the latter,
ARTICLE 24. without prejudice to any disciplinary
In all contractual, property or other relations, administrative action that may be taken.
when one of the parties is at a disadvantage
on account of his ARTICLE 28.
moral dependence, Unfair competition in
ignorance, agricultural,
indigence, commercial or
mental weakness, industrial enterprises or
tender age or in labor
other handicap, through the use of
the courts must be vigilant for his protection. force,
intimidation,
ARTICLE 25. deceit,
Thoughtless extravagance machination or
in expenses for pleasure or display any other unjust, oppressive or highhanded
during a period of method
acute public want or shall give rise to a right of action
emergency by the person who thereby suffers damage.
may be stopped by order of the courts
at the instance of any ARTICLE 29.
government or When the accused in a criminal prosecution is acquitted
private charitable institution. on the ground that his guilt has not been proved
beyond reasonable doubt,
ARTICLE 26. a civil action for damages for the same
Every person shall respect the act or omission may be instituted.
dignity, Such action requires only a preponderance of
personality, evidence.
privacy and Upon motion of the defendant,
peace of mind of his neighbors and other the court may require the plaintiff to file a bond
persons. to answer for damages in case the
The following and similar acts, complaint should be found to be
though they may not constitute a criminal malicious.
offense, shall produce a cause of action for If in a criminal case the judgment of acquittal is based
damages, upon reasonable doubt,
prevention and the court shall so declare.
other relief: In the absence of any declaration to that effect,
(1) Prying into the privacy of another's residence; it may be inferred from the text of the
(2) Meddling with or disturbing the private life decision
or family relations of another;
 whether or not the acquittal is (13) The right to take part in a peaceable assembly
due to that ground. to petition the Government
for redress of grievances;
ARTICLE 30. (14) The right to be free from involuntary servitude in
When a separate civil action is brought to any form;
demand civil liability (15) The right of the accused against excessive bail;
arising from a criminal offense, and (16) The right of the accused to be heard by himself
no criminal proceedings are instituted and counsel,
during the pendency of the civil case, to be informed of the nature and cause of the
a preponderance of evidence shall likewise be sufficient accusation against him,
to prove the act complained of. to have a speedy and public trial,
to meet the witnesses face to face, and
ARTICLE 31. to have compulsory process to secure the
When the civil action is based on an obligation not arising attendance of witness in his behalf;
from the act or omission complained of as a felony, (17) Freedom from being compelled to be a witness
such civil action may proceed independently of the against one's self,
criminal proceedings and regardless of the result of the or from being forced to confess guilt,
latter. acd or from being induced by a promise of
immunity or reward to make such
ARTICLE 32. confession,
Any public officer or employee, except
or any private individual, when the person confessing becomes a
who directly or indirectly State witness;
obstructs, (18) Freedom from excessive fines,
defeats, or cruel and unusual punishment,
violates or unless the same is imposed or inflicted in
in any manner impedes or impairs accordance with a statute
any of the following rights and liberties of which has not been judicially declared
another person unconstitutional; and
shall be liable to the latter for damages: (19) Freedom of access to the courts.
(1) Freedom of religion; In any of the cases referred to in this article,
(2) Freedom of speech; whether or not the defendant's act or omission
(3) Freedom to write for the press or constitutes a criminal offense,
to maintain a periodical publication; the aggrieved party has a right to commence an entirely
(4) Freedom from arbitrary or separate and distinct civil action for damages,
illegal detention; and for other relief.
(5) Freedom of suffrage; Such civil action shall proceed independently of any
(6) The right against deprivation of property criminal prosecution
without due process of law; (if the latter be instituted),
(7) The right to a just compensation and may be proved by a preponderance of
when private property is taken for public evidence.
use; The indemnity shall include moral damages.
(8) The right to the equal protection of the laws; Exemplary damages may also be adjudicated.
(9) The right to be secure in one's The responsibility herein set forth is not demandable from
person, a judge
house, unless his act or omission constitutes a violation of
papers, and the Penal Code or other penal statute.
effects
against unreasonable searches and seizures; ARTICLE 33.
(10) The liberty of abode In cases of
and of changing the same; defamation,
(11) The privacy of communication and fraud, and
correspondence; cd physical injuries,
(12) The right to become a member of associations a civil action for damages,
or societies entirely separate and distinct from the criminal
for purposes not contrary to law; 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.
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 recognized shall be independent
of any criminal proceedings,
and a preponderance of evidence shall suffice
to support such action.
ARTICLE 35.
When a person,
claiming to be injured by a criminal offense,
charges another with the same,
for which no independent civil action is
granted in this Code or any special law,
but the justice of the peace
finds no reasonable grounds to believe that a
crime has been committed,
or the prosecuting attorney 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 malicious.
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 proceedings.
ARTICLE 36.
Pre-judicial questions,
which must be decided before any criminal
prosecution may be instituted or may proceed,
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.

Book I: Persons
Title I: Civil Personality

Chapter 1: General Provisions

ARTICLE 37. such as easements.

Juridical capacity,
which is the fitness to be the subject of legal ARTICLE 39.
relations, The following circumstances, among others,
is inherent in every natural person and modify or limit capacity to act:
is lost only through death. age,
Capacity to act, insanity,
which is the power to do acts with legal effect, imbecility,
is acquired and may be lost. the state of being a deaf-mute,
penalty,
ARTICLE 38. prodigality,
(1) Minority, family relations,
(2) insanity or alienage,
(3) imbecility, absence,
(4) the state of being a deaf-mute, insolvency and
(5) prodigality and trusteeship.
(6) civil interdiction The consequences of these circumstances are
are mere restrictions on capacity to act, governed
and do not exempt the incapacitated person in this Code,
from certain obligations, other codes,
as when the latter arise from his acts or the Rules of Court, and
from property relations, in special laws.
 Capacity to act is not limited on account of twenty-one years of age or over,
religious belief or is qualified for all acts of civil life,
political opinion. cd except
A married woman, in cases specified by law.

Chapter 2: Natural Persons

ARTICLE 40. Civil personality is extinguished by death.

Birth determines personality; The effect of death
but the conceived child shall be considered born upon the rights and obligations of the deceased
for all purposes that are favorable to it, is determined
provided it be born later by law,
with the conditions specified in by contract and
the following article. by will.

ARTICLE 41. ARTICLE 43.

For civil purposes, If there is a doubt,
the foetus is considered born as between two or more persons
who are called to succeed each other,
if it is alive at the time it is completely
delivered from the mother's womb. as to which of them died first,
However, whoever alleges the death of one prior to the
if the foetus had an intra-uterine life of less than other,
seven months, shall prove the same;
it is not deemed born in the absence of proof,
if it dies within twenty-four hours it is presumed that they died at the same
after its complete delivery from time
the maternal womb. and there shall be no
transmission of rights from one to
ARTICLE 42. the other. (33)

Chapter 3: Juridical Persons

ARTICLE 44. mentioned in Nos. 1 and 2 of the preceding

The following are juridical persons: article
(1) The State and its political subdivisions; are governed by the laws creating or recognizing
(2) Other corporations, them.
institutions and Private corporations are regulated by laws of general
entities for public interest or purpose, application on the subject.
created by law; Partnerships and associations for private interest or
their personality begins as soon as they have purpose are governed by the provisions of
been constituted this Code concerning partnerships. (36 and 37a)
according to law;
(3) Corporations, ARTICLE 46.
partnerships and Juridical persons may acquire and possess property of all
associations kinds,
for private interest or purpose as well as incur obligations and bring civil or
to which the law grants a juridical personality, criminal actions,
separate and distinct from that of each in conformity with the laws and regulations of
shareholder, partner or member. their organization. (38a)

ARTICLE 45. ARTICLE 47.

Juridical persons Upon the dissolution of corporations,
institutions and
 other entities for public interest or purpose region,
mentioned in No. 2 of Article 44, province,
their property and other assets shall be disposed of in city or
pursuance of law or the charter creating them. municipality
If nothing has been specified on this point, which during the existence of the institution
the property and other assets shall be applied to derived the principal benefits from the same.
similar purposes for the benefit of the

Title II: Citizenship and Domicile

SECTION 1, ARTICLE IV of the 1987 CONSTITUTION
The following are citizens of the Philippines:
(1) Those who are citizens of the Philippines
at the time of adoption of this Constitution;
(2) Those whose fathers or mothers are citizens of the
Philippines;
(3) Those born before January 17, 1973,
of Filipino mothers,
who elect Philippine citizenship upon reaching
the age of majority; and
(4) Those who are naturalized in accordance with the
law
For the exercise of civil rights and
the fulfillment of civil obligations,
the domicile of natural persons is the place of
their habitual residence.
ARTICLE 51.
When the law creating or recognizing them,
or any other provision does not fix the domicile of
juridical persons,
the same shall be understood to be the place where their
legal representation is established
or where they exercise their principal functions.

SECTION 2, ARTICLE IV of the 1987 CONSTITUTION

Natural-born citizens
are those who are citizens of the Philippines from
birth
without having to perform any act to acquire or
perfect their Philippine citizenship
Those who elect Philippine citizenship
in accordance with paragraph (3),
Section 1
shall be deemed natural-born citizens.

SECTION 3, ARTICLE IV of the 1987 CONSTITUTION

Philippine citizenship maybe lost or reacquired
in the manner provided by law.

SECTION 4, ARTICLE IV of the 1987 CONSTITUTION

Citizens of the Philippines who marry aliens
shall retain their citizenship
unless by their act or omission
they are deemed, under the law, to have
renounced it

SECTION 5, ARTICLE IV of the 1987 CONSTITUTION

Dual allegiance of citizens is inimical to national interest
and shall be dealt with by law

ARTICLE 49.
Naturalization and
the loss and reacquisition of citizenship of the Philippines
are governed by special laws.

ARTICLE 50.