REPUBLIC ACT NO. 386
In case of doubt in the interpretation or
AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF
THE PHILIPPINES
PRELIMINARY TITLE
CHAPTER 1
Effect and Application of Laws
Article 1. This Act shall be known as the "Civil Code of
the Philippines." (n)
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.
(1a)
Article 3. Ignorance of the law excuses no one from
compliance therewith. (2)
Article 4. Laws shall have no retroactive effect, unless the
contrary is provided. (3)
Article 5. Acts executed against the provisions of
mandatory or prohibitory laws shall be void, except
when the law itself authorizes their validity. (4a)
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)
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 Laws are repealed only by subsequent ones,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)
Article 8. Judicial decisions applying or interpreting the
laws or the Constitution shall form a part of the legal
system of the Philippines. (n)
Article 9. No judge or court shall decline to render
judgment by reason of the silence, obscurity or
insufficiency of the laws. (6)
Article 10.
application of laws, it is presumed that the lawmaking
body intended right and justice to prevail. (n)
Article 11. Customs which are contrary to law, public
order or public policy shall not be countenanced. (n)
Article 12. A custom must be proved as a fact, according
to the rules of evidence. (n)
Article 13. When the laws speak of years, months, days or
nights, it shall be understood that years are of three
hundred sixty-five days each; months, of thirty days;
days, of twenty-four hours; and 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 the last day included. (7a)
Article 14. Penal laws and those of public security and
safety shall be obligatory upon all who live or sojourn in
the Philippine territory, subject to the principles of public
international law and to treaty stipulations. (8a)
Article 15. Laws relating to family rights and duties, or to
the status, condition and legal capacity of persons are
binding upon citizens of the Philippines, even though
living abroad. (9a)
Article 16. Real property as well as personal property is
subject to the law of the country where it is stipulated.
However, intestate and testamentary successions, both
with respect to the order of succession and to the
amount of successional rights and to the intrinsic validity
of testamentary provisions, shall be regulated by the
national law of the person whose succession is under
consideration, whatever may be the nature of the
property and regardless of the country wherein said
property may be found. (10a)
Article 17. The forms and solemnities of contracts, wills,
and other public instruments shall be governed by the
laws of the country in which they are executed.
When the acts referred to are executed before the
diplomatic or consular officials of the Republic of the
Philippines in a foreign country, the solemnities
established by Philippine laws shall be observed in their
execution.
Prohibitive laws concerning persons, their acts or
property, and those which have for their object public
order, public policy and good customs shall not be
rendered ineffective by laws or judgments promulgated,
or by determinations or conventions agreed upon in a
foreign country. (11a)
Article 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)
CHAPTER 2
Human Relations (n)
Article 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.
Article 20. Every person who, contrary to law, wilfully or
negligently causes damage to another, shall indemnify
the latter for the same.
Article 21. Any person who wilfully causes loss or injury
to another in manner that is contrary to morals, good
customs or public policy shall compensate the latter for
the damage.
ACT No. 3815 (December 8, 1930)
AN ACT REVISING THE PENAL CODE AND OTHER PENAL
LAWS
Preliminary Article - This law shall be known as "The
Revised Penal Code."
BOOK ONE
GENERAL PROVISIONS REGARDING THE DATE OF
ENFORCEMENT AND APPLICATION OF THE PROVISIONS
OF THIS CODE, AND REGARDING THE OFFENSES, THE
PERSONS LIABLE AND THE PENALTIES
Preliminary Title
DATE OF EFFECTIVENESS AND APPLICATION OF THE
PROVISIONS OF THIS CODE
Article 1. Time when Act takes effect. - This Code shall
take effect on the first day of January, nineteen hundred
and thirty-two.
Article 2. Application of its provisions. - Except as
provided in the treaties and laws of preferential
application, the provisions of this Code shall be enforced
not only within the Philippine Archipelago, including its
atmosphere, its interior waters and maritime zone, but
also outside of its jurisdiction, against those who:
1. Should commit an offense while on a
Philippine ship or airship
2. Should forge or counterfeit any coin or
currency note of the Philippine Islands or
obligations and securities issued by the
Government of the Philippine Islands;
3. Should be liable for acts connected with the
introduction into these islands of the obligations
and securities mentioned in the presiding
number;
4. While being public officers or employees,
should commit an offense in the exercise of their
functions; or
5. Should commit any of the crimes against
national security and the law of nations, defined
in Title One of Book Two of this Code.
Title One
FELONIES AND CIRCUMSTANCES WHICH AFFECT
CRIMINAL LIABILITY
Chapter One
FELONIES
Article 3. Definitions. - Acts and omissions punishable by
law are felonies (delitos).
Felonies are committed not only be means of deceit
(dolo) but also by means of fault (culpa).
There is deceit when the act is performed with deliberate
intent and there is fault when the wrongful act results
from imprudence, negligence, lack of foresight, or lack of
skill.
Article 4. Criminal liability. - Criminal liability shall be
incurred:
1. By any person committing a felony (delito)
although the wrongful act done be different
from that which he intended.
2. By any person performing an act which would
be an offense against persons or property, were
it not for the inherent impossibility of its
accomplishment or an account of the
employment of inadequate or ineffectual means.
Article 5. Duty of the court in connection with acts which
should be repressed but which are not covered by the
law, and in cases of excessive penalties. - Whenever a
court has knowledge of any act which it may deem
proper to repress and which is not punishable by law, it
shall render the proper decision, and shall report to the
Chief Executive, through the Department of Justice, the
reasons which induce the court to believe that said act
should be made the subject of legislation.
In the same way, the court shall submit to the Chief
Executive, through the Department of Justice, such
statement as may be deemed proper, without
suspending the execution of the sentence, when a strict
enforcement of the provisions of this Code would result
in the imposition of a clearly excessive penalty, taking
into consideration the degree of malice and the injury
caused by the offense.
Article 6. Consummated, frustrated, and attempted
felonies. - Consummated felonies as well as those which
are frustrated and attempted, are punishable.
A felony is consummated when all the elements
necessary for its execution and accomplishment are
present; and it is frustrated when the offender performs
all the acts of execution which would produce the felony
as a consequence but which, nevertheless, do not
produce it by reason of causes independent of the will of
the perpetrator.
There is an attempt when the offender commences the
commission of a felony directly or over acts, and does
not perform all the acts of execution which should
produce the felony by reason of some cause or accident
other than this own spontaneous desistance.
Article 7. When light felonies are punishable. - Light
felonies are punishable only when they have been
consummated, with the exception of those committed
against person or property.
Article 8. Conspiracy and proposal to commit felony. -
Conspiracy and proposal to commit felony are
punishable only in the cases in which the law specially
provides a penalty therefor.
A conspiracy exists when two or more persons come to
an agreement concerning the commission of a felony
and decide to commit it.
There is proposal when the person who has decided to
commit a felony proposes its execution to some other
person or persons.
Article 9. Grave felonies, less grave felonies and light
felonies. - Grave felonies are those to which the law
attaches the capital punishment or penalties which in
any of their periods are afflictive, in accordance with Art.
25 of this Code.
Less grave felonies are those which the law punishes
with penalties which in their maximum period are
correctional, in accordance with the above-mentioned
Art.
Light felonies are those infractions of law for the
commission of which a penalty of arrest menor or a fine
not exceeding 200 pesos or both; is provided.
Article 10. Offenses not subject to the provisions of this
Code. - Offenses which are or in the future may be
punishable under special laws are not subject to the
provisions of this Code. This Code shall be
supplementary to such laws, unless the latter should
specially provide the contrary.
Chapter Two
JUSTIFYING CIRCUMSTANCES AND CIRCUMSTANCES
WHICH EXEMPT FROM CRIMINAL LIABILITY
Article 11. Justifying circumstances. - The following do
not incur any criminal liability:
1. Anyone who acts in defense of his person or
rights, provided that the following circumstances
concur;
First. Unlawful aggression.
Second. Reasonable necessity of the
means employed to prevent or repel it.
Third. Lack of sufficient provocation on
the part of the person defending
himself.
2. Any one who acts in defense of the person or
rights of his spouse, ascendants, descendants, or
legitimate, natural or adopted brothers or sisters,
or his relatives by affinity in the same degrees
and those consanguinity within the fourth civil
degree, provided that the first and second
requisites prescribed in the next preceding
circumstance are present, and the further
requisite, in case the revocation was given by the
person attacked, that the one making defense
had no part therein.
3. Anyone who acts in defense of the person or
rights of a stranger, provided that the first and
second requisites mentioned in the first
 circumstance of this Article are present and that
the person defending be not induced by
revenge, resentment, or other evil motive.
4. Any person who, in order to avoid an evil or
injury, does not act which causes damage to
another, provided that the following requisites
are present;
First. That the evil sought to be avoided
actually exists;
Second. That the injury feared be
greater than that done to avoid it;
Third. That there be no other practical
and less harmful means of preventing it.
5. Any person who acts in the fulfillment of a
duty or in the lawful exercise of a right or office.
6. Any person who acts in obedience to an order
issued by a superior for some lawful purpose.
1987 Constitution of the Republic of the Philippines
Section 5. (1) The House of Representatives shall be
composed of not more than two hundred and fifty
members, unless otherwise fixed by law, who shall be
elected from legislative districts apportioned among the
provinces, cities, and the Metropolitan Manila area in
accordance with the number of their respective
inhabitants, and on the basis of a uniform and
progressive ratio, and those who, as provided by law,
shall be elected through a party-list system of registered
national, regional, and sectoral parties or organizations.
(2) The party-list representatives shall constitute twenty
per centum of the total number of representatives
including those under the party list. For three
consecutive terms after the ratification of this
Constitution, one-half of the seats allocated to party-list
representatives shall be filled, as provided by law, by
selection or election from the labor, peasant, urban poor,
indigenous cultural communities, women, youth, and
such other sectors as may be provided by law, except the
religious sector.

ARTICLE VI
(3) Each legislative district shall comprise, as far as
THE LEGISLATIVE DEPARTMENT
practicable, contiguous, compact, and adjacent territory.
Each city with a population of at least two hundred fifty
Section 1. The legislative power shall be vested in the
thousand, or each province, shall have at least one
Congress of the Philippines which shall consist of a
representative.
Senate and a House of Representatives, except to the
extent reserved to the people by the provision on
(4) Within three years following the return of every
initiative and referendum.
census, the Congress shall make a reapportionment of
legislative districts based on the standards provided in
Section 2. The Senate shall be composed of twenty-four
this section.
Senators who shall be elected at large by the qualified
voters of the Philippines, as may be provided by law.
Section 6. No person shall be a Member of the House of
Representatives unless he is a natural-born citizen of the
Section 3. No person shall be a Senator unless he is a
Philippines and, on the day of the election, is at least
natural-born citizen of the Philippines and, on the day of
twenty-five years of age, able to read and write, and,
the election, is at least thirty-five years of age, able to
except the party-list representatives, a registered voter in
read and write, a registered voter, and a resident of the
the district in which he shall be elected, and a resident
Philippines for not less than two years immediately
thereof for a period of not less than one year
preceding the day of the election.
immediately preceding the day of the election.
Section 4. The term of office of the Senators shall be six
years and shall commence, unless otherwise provided by
Section 7. The Members of the House of Representatives
law, at noon on the thirtieth day of June next following
shall be elected for a term of three years which shall
their election. No Senator shall serve for more than two
begin, unless otherwise provided by law, at noon on the
consecutive terms. Voluntary renunciation of the office
thirtieth day of June next following their election. No
for any length of time shall not be considered as an
Member of the House of Representatives shall serve for
interruption in the continuity of his service for the full
more than three consecutive terms. Voluntary
term of which he was elected.
renunciation of the office for any length of time shall not
be considered as an interruption in the continuity of his
service for the full term for which he was elected.
Section 8. Unless otherwise provided by law, the regular
election of the Senators and the Members of the House
of Representatives shall be held on the second Monday
of May.
Section 9. In case of vacancy in the Senate or in the
House of Representatives, a special election may be
called to fill such vacancy in the manner prescribed by
law, but the Senator or Member of the House of
Representatives thus elected shall serve only for the
unexpired term.
Section 10. The salaries of Senators and Members of the
House of Representatives shall be determined by law. No
increase in said compensation shall take effect until after
the expiration of the full term of all the Members of the
Senate and the House of Representatives approving such
increase.
ARTICLE VIII
JUDICIAL DEPARTMENT
Section 1. The judicial power shall be vested in one
Supreme Court and in such lower courts as may be
established by law.
Judicial power includes the duty of the courts of justice
to settle actual controversies involving rights which are
legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on
the part of any branch or instrumentality of the
Government.
Section 2. The Congress shall have the power to define,
prescribe, and apportion the jurisdiction of the various
courts but may not deprive the Supreme Court of its
jurisdiction over cases enumerated in Section 5 hereof.
No law shall be passed reorganizing the Judiciary when it
undermines the security of tenure of its Members.
Section 3. The Judiciary shall enjoy fiscal autonomy.
Appropriations for the Judiciary may not be reduced by
the legislature below the amount appropriated for the
previous year and, after approval, shall be automatically
and regularly released.
Section 4. (1) The Supreme Court shall be composed of a
Chief Justice and fourteen Associate Justices. It may sit
en banc or in its discretion, in division of three, five, or
seven Members. Any vacancy shall be filled within ninety
days from the occurrence thereof.
(2) All cases involving the constitutionality of a treaty,
international or executive agreement, or law, which shall
be heard by the Supreme Court en banc, and all other
cases which under the Rules of Court are required to be
heard en banc, including those involving the
constitutionality, application, or operation of presidential
decrees, proclamations, orders, instructions, ordinances,
and other regulations, shall be decided with the
concurrence of a majority of the Members who actually
took part in the deliberations on the issues in the case
and voted thereon.
(3) Cases or matters heard by a division shall be decided
or resolved with the concurrence of a majority of the
Members who actually took part in the deliberations on
the issues in the case and voted thereon, and in no case
without the concurrence of at least three of such
Members. When the required number is not obtained,
the case shall be decided en banc: Provided, that no
doctrine or principle of law laid down by the court in a
decision rendered en banc or in division may be
modified or reversed except by the court sitting en banc.
Section 5. The Supreme Court shall have the following
powers:
(1) Exercise original jurisdiction over cases affecting
ambassadors, other public ministers and consuls,
and over petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas corpus.
(2) Review, revise, reverse, modify, or affirm on appeal or
certiorari, as the law or the Rules of Court may
provide, final judgments and orders of lower courts
in:
(a) All cases in which the
constitutionality or validity of any treaty,
international or executive agreement, law,
presidential decree, proclamation, order,
instruction, ordinance, or regulation is in
question.
 (b) All cases involving the legality of any
tax, impost, assessment, or toll, or any penalty
imposed in relation thereto.
(c) All cases in which the jurisdiction of
any lower court is in issue.
(d) All criminal cases in which the
penalty imposed is reclusion perpetua or higher.
(e) All cases in which only an error or
question of law is involved.
(3) Assign temporarily judges of lower courts to other
stations as public interest may require. Such temporary
assignment shall not exceed six months without the
consent of the judge concerned.
(4) Order a change of venue or place of trial to avoid a
miscarriage of justice.
(5) Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading, practice,
and procedure in all courts, the admission to the practice
of law, the integrated bar, and legal assistance to the
under-privileged. Such rules shall provide a simplified
and inexpensive procedure for the speedy disposition of
cases, shall be uniform for all courts of the same grade,
and shall not diminish, increase, or modify substantive
rights. Rules of procedure of special courts and quasi-
judicial bodies shall remain effective unless disapproved
by the Supreme Court.
(6) Appoint all officials and employees of the Judiciary in
accordance with the Civil Service Law.
Section 6. The Supreme Court shall have administrative
supervision over all courts and the personnel thereof.
Section 7. (1) No person shall be appointed Member of
the Supreme Court or any lower collegiate court unless
he is a natural-born citizen of the Philippines. A Member
of the Supreme Court must be at least forty years of age,
and must have been for fifteen years or more, a judge of
a lower court or engaged in the practice of law in the
Philippines.
(2) The Congress shall prescribe the qualifications of
judges of lower courts, but no person may be appointed
judge thereof unless he is a citizen of the Philippines and
a member of the Philippine Bar.
(3) A Member of the Judiciary must be a person of
proven competence, integrity, probity, and
independence.
Section 8. (1) A Judicial and Bar Council is hereby created
under the supervision of the Supreme Court composed
of the Chief Justice as ex officio Chairman, the Secretary
of Justice, and a representative of the Congress as ex
officio Members, a representative of the Integrated Bar, a
professor of law, a retired Member of the Supreme
Court, and a representative of the private sector.
(2) The regular members of the Council shall be
appointed by the President for a term of four years with
the consent of the Commission on Appointments. Of the
Members first appointed, the representative of the
Integrated Bar shall serve for four years, the professor of
law for three years, the retired Justice for two years, and
the representative of the private sector for one year.
(3) The Clerk of the Supreme Court shall be the Secretary
ex officio of the Council and shall keep a record of its
proceedings.
(4) The regular Members of the Council shall receive
such emoluments as may be determined by the Supreme
Court. The Supreme Court shall provide in its annual
budget the appropriations for the Council.
(5) The Council shall have the principal function of
recommending appointees to the Judiciary. It may
exercise such other functions and duties as the Supreme
Court may assign to it.
Section 9. The Members of the Supreme Court and
judges of the lower courts shall be appointed by the
President from a list of at least three nominees prepared
by the Judicial and Bar Council for every vacancy. Such
appointments need no confirmation.
For the lower courts, the President shall issue the
appointments within ninety days from the submission of
the list.
Section 10. The salary of the Chief Justice and of the
Associate Justices of the Supreme Court, and of judges
of lower courts, shall be fixed by law. During their
continuance in office, their salary shall not be decreased.