CHAPTER 1

Effect and Application of Laws

ARTICLE 2.

TLC: 15 days after the official publication at the official gazette or any
newspaper with a general circulation, unless otherwise provided.

“the otherwise provided” is the one that can provide for its own
effectivity.
- The Congress may shorten or even lengthen the period of publication.

However, the general rule, 15 days; if there’s nothing in the law that says the
effectivity of the law then it would be 15 days after the completion of
publication. The purpose of the publication [is that] we will not violate the due
process clause of the Constitution. We need to inform everyone about the
existence of the particular law.

• A law may provide for its own effectivity.

• When the law is silent as to its own effectivity, then it shall take effect
after 15 days following its complete publication
o 15 days after its publication - effectivity is on the 15th day after
publication
o after 15 days following its publication - effectivity is on the 16th day

Tañada v. Tuvera:
• Article 2 of the Civil Code requires that the law should be published
even if the law itself provides for the date of its effectivity
• To give the general public adequate notice of various laws to regulate
their actions and conduct as citizens
• Without notice and publication, there would be no basis for the
application of the maxim “ignorance of the law excuses no one”
• “unless it is otherwise provided” refers to the date of effectivity, not
the publication requirement

E.O. No. 200

• publication of laws may now either be in the Official Gazette or in a
newspaper of general circulation in the Philippines
• publication must be in full
• “effective immediately upon approval” — coming into effect
immediately upon publication
• the legislative may, in its discretion, shorten or extend the 15-day
period

ALL LAWS SHOULD BE PUBLISHED

1
 • include PDs and EOs
• Administrative rules and regulations are required to be published if
their purpose is to enforce or implement existing laws pursuant to a
valid delegation.
• EXCEPTION (1): administrative rules and regulations that are merely
interpretative and are merely internal i.e. those that regulate only the
administrative agency’s personnel and not the public are not required
to be published.
• EXCEPTION (2): Publication is not also required of letters of instruction
issued by administrative superiors concerning the rules or guidelines to
be followed by their subordinates in the performance of their duties.
• Monetary Board circulars are required to be published if they are
meant to “fill in the details” of the Central Bank Act, if they prescribe a
penalty for their violation (penal provisions)
• EXCEPTION (3): Circulars which are mere statements of a general
policy as to how the law should be construed do not need publication

ARTICLE 3. IGNORANCE OF THE LAW EXCUSES NO ONE FROM

COMPLIANCE THEREWITH.

TLC: [Article 3 is] related to Article 2. Ignorance excuses no one from

compliance therewith because there is publication, there is already
constructive notice to everyone that that particular law should be known
to you; whether or not you read the particular newspaper or the laws
published. There is constructive notice already once there is publication.

• everyone is conclusively presumed to know the law

• applies to all kinds of domestic laws, whether civil or penal,
substantive or remedial
• limited to mandatory and prohibitory laws, does not include those
which are merely permissive

ARTICLE 4. LAWS SHALL HAVE PROSPECTIVE EFFECT.

TLC (1): General Rule: Laws shall only have prospective effect. Upon
publication, then the law becomes in effective then later on it will become
effective prospectively. It cannot be applied retroactively; that is the
general rule. But what are the exceptions when we can apply the law
retroactively: (1) when the law expressly provides for its own retroactivity
(Ex. The Family Code under Art 256). However, if it allows itself to be
retroactively applied, then what are the two limitations? 1) It cannot impair any
vested rights already acquired by a third person and 2) It cannot violate our
fundamental law which is the Constitution.

2
TLC (2): Another exemption, (2) if the law creates a new substantive right
for the first time (Ex. The Family Code created a new substantive right for the
first time if favor or illegitimate children, under Art 172 which can be used by
either legitimate or illegitimate child; however under Art 175, if the illegitimate
child is using the 2nd paragraph of Art 172, only using the open and continuous
possession of the status of an illegitimate child, any other means allowed by the
rules of court or any other special law, you must prove your filiation and
acknowledgement to the concerned parent only when the father is still alive ‘pag
patay na ‘yung tatay, you are no longer allowed to prove your filiation using the
2nd paragraph of Art 172 of the Family Code). Another exemption, (3) if the law
is penal in character and it is favorable to the accused, and the accused
is not a habitual delinquent or a recidivist. Another exemption, (4) if the
law is procedural in character; (5) it is curative; (6) it is interpretative;
(7) it is a tax law; (8) it is an emergency law – those are exemptions.

• EXCEPTIONS:
1. If the law itself provides for retroactivity
• EXCEPTIONS TO THE EXCEPTION: (1) it cannot impair any vested right
already acquired by a third person; and (2) it cannot violate the
Constitution
2. Penal laws favorable to the accused
• EXCEPTION TO THE EXCEPTION: not applicable to habitual delinquents
3. If the law is procedural in character
4. When the law is curative
5. When the law is interpretative
6. When the law is a tax law
7. When the law is an emergency law
8. When the law creates new substantive rights for the first time

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.

TLC: Article 6 talks of waiver. What is the general rule? That all rights may
be waived. What are the exemptions? If contrary to law, public policy,
morals or public order and the waiver is violative because it is impairing
a vested right already acquired by a third person.

How do we know that there is a valid waiver? You can only waive your own
right, you must intelligently waive your own right, you know that you have a
vested right and you are knowingly and intelligently waiving your right, it must
be an expressed waiver of the right. There must be an unequivocal act that
means you are waiving your right.

3
Requisites of a valid waiver:
1. S/he must actually have the right which s/he renounces
2. S/he must have the capacity to make the renunciation
3. The renunciation must be made in a clear and unequivocal manner

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.

TLC: Laws become ineffective when it lapses on its own terms, when there is
repeal may it be implied (two or more laws speak of the same subject matter,
they cannot stand or be implemented together, the later one prevails) or
expressed (repealing clause), if the law is unconstitutional.

The agency that will declare the law partially or totally unconstitutional is the
courts (including RTC, SC, etc.). As to the implementing rules and regulations,
if they expand or modify the basic law, if they contradict the basic law, what
will prevail? The basic law. The IRR are enforced only by implementing
agencies. The laws are passed by Congress and the Congress has the plenary
power to repeal, to make, to amend a law.

Express repeal - contained in a special provision of a subsequent law

Implied repeal - provisions of the subsequent law are incompatible with
those of an earlier law
Requisites
• laws cover the same subject matter
• the latter is repugnant to the earlier

When there is a conflict between a general law and a special statute, the
special statute should prevail
• if the general law was enacted prior to the SPL, the SPL is considered
the exception to the general law
• if the general law was enacted after the SPL, the SPL remains unless:
(1) expressly declared otherwise, or (2) there is a clear, necessary and

4
 irreconcilable conflict, or (3) unless the subsequent general law covers
the whole subject and is clearly intended to replace the SPL

ARTICLE 8. JUDICIAL DECISIONS APPLYING OR INTERPRETING THE LAWS

OR THE CONSTITUTION SHALL FORM A PART OF THE LEGAL SYSTEM OF THE
PHILIPPINES.

TLC: Decisions become part of the law of the land and jurisprudence. The
decisions only of the Supreme Court. They are immortalized in our SCRA.

ARTICLE 9. NO JUDGE OR COURT SHALL DECLINE TO RENDER JUDGMENT

BY REASON OF THE SILENCE, OBSCURITY OR INSUFFICIENCY OF THE
LAWS.

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.

ARTICLE 11. CUSTOMS WHICH ARE CONTRARY TO LAW, PUBLIC ORDER

OR PUBLIC POLICY SHALL NOT BE COUNTENANCED.

TLC: The judge cannot refuse to make a decision even if the law is
ambiguous, the law is silent. What can the judge do? Rely on equity,
justice, or the customs of the place.

What are the requisites of a custom? An act that is (1) repetitively

followed by a large group of people and (2) is not contrary to law public
policy and good customs. Moreover, you have to prove the custom as the
fact. Always remember that our courts do not take note of those customs. So,
the custom must be proven as a fact under the Rules of Evidence.

ARTICLE 13.

TLC: The reason why we have Article 13 in our civil code is to provide for the
publication of a period. How do you compute a period? You exclude the first
day and include the last day. What is the importance of Article 13? Order of
prescription. You need to know when to file a case and when to answer when
there is an order from the court for you to answer.

ARTICLE 14. PENAL LAWS AND THOSE OF PUBLIC SECURITY AND SAFETY
SHALL BE OBLIGATORY UPON ALL WHO LIVE OR SOJOURN IN THE

5
PHILIPPINE TERRITORY, SUBJECT TO THE PRINCIPLES OF PUBLIC
INTERNATIONAL LAW AND TO TREATY STIPULATIONS.

TLC: Penal laws and laws of public safety and security, they are binding
against Filipino citizens and even foreigners who are in our country. As
a general rule, they are bound by our criminal laws. Two exemptions: (1)
extraterritoriality (heads of states and ambassadors, not consuls, are
not within our territories) and (2) treaties or agreements our countries
signed with other countries.

GENERALITY PRINCIPLE: PENAL LAWS AND THOSE OF PUBLIC SECURITY

AND SAFETY SHALL BE OBLIGATORY UPON ALL WHO LIVE OR SOJOURN IN
PH TERRITORY, SUBJECT TO THE PRINCIPLES OF PUBLIC INTERNATIONAL
LAW AND TO TREATY STIPULATIONS.

EXCEPTIONS:
1. Treaty stipulations
2. Laws of preferential application
• Prohibits the issuance of any warrant of arrest against any ambassador
or public minister, including their domestics or domestic servants
3. Principles of Public International Law
• diplomatic reps, such as ambassadors or public ministers and their
official retinue, and heads of state possess immunity
• HOWEVER, a consul is not exempt from criminal prosecution and is
subject to the laws and regulations of the country to which s/he
resides

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.

TLC: Nationality doctrine. Four matters where local laws are governing
Filipinos wherever they are: family duties, legal capacities, status
and condition. So the divorce degree, may be valid abroad but it shall not
be recognized in the Philippines if the parties are both Filipino citizens.

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

6
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.

TLC: Intrinsic validity of a will.

Paragraph 1: When we have personal or real property they are

governed by the law of the place where it is situated under the
principle of lex rei situs.

Paragraph 2: The exemption. In testamentary or intestate succession,

we always follow the law of the nationality of the person whose
succession is questioned. So we need to know the nationality or
citizenship of the one who died under the 2nd paragraph, we are talking
about the distribution of the estate and the distribution of the properties of
the one who died whether he executed a will or not. We do not apply the
Civil Code of the one who died is a foreigner. However, always take not that
our courts will not take judicial notice of any foreign law or judgement. So if
there is a foreign law, you must prove it. If the foreigner alleged a
foreign law but he failed to prove it, we follow the processual
presumption doctrine. We will apply our own domestic law because
you were not able to prove the foreign law.

REAL AND PERSONAL PROPERTIES ARE SUBJECT TO THE LAW OF THR

COUNTRY IN WHICH THEY ARE SITUATED (lex rei sitae/situs)
• EXCEPTION: In respect, however, to testamentary and intestate
succession both as regards the (1) order of succession, (2) the amount
of successional rights and (3) intrinsic validity of last wills and
testament, as well as the capacity to succeed, the national law of the
deceased shall govern.

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
FOREIGNCOUNTRY, THE SOLEMNITIES ESTABLISHED BY PHILIPPINE LAWS
SHALL BE OBSERVED IN THEIR EXECUTION.

7
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.

TLC: Extrinsic validity of public documents, contracts and will. We are only
talking about formalities and solemnities in the execution of that public
document, contract or will. We follow the law of the place where the
particular document was executed under the principle of Lex Loci
Celebrationis valid in accordance with the formalities and solemnities of
the foreign laws, it will also be valid in the Philippines. Unless, there are
exemptions.

FORMS AND SOLEMNITIES OF PUBLIC INSTRUMENTS, WILLS AND

CONTRACTS, ARE GOVERNED BY THE LAWS OF THE COUNTRY IN WHICH
THEY ARE EXECUTED (lex loci celebrationis)
• intrinsic validity of contract is governed by the proper law of the
contract (lex contracts) which may either be the law of the place
voluntarily agreed upon by the contracting parties (lex loci voluntatis)
or the law of the place intended by them expressly or impliedly (lex
loci intentionis).

8
 CHAPTER 2
Human Relations

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.

TLC: The abuse of right principle. Under Article 19 that is the norm or standard
of conduct all of us must comply with because we are members of a civilized
society. Every person must, in exercise of his right and performance of
his duties, act with justice, give everyone his due and observe good faith.
If you violate Article 19, the penalties are provided under Article 20 and 21.
Payment of damages in favor of the one who was injured. The one who acted in
bad faith shall be the one who pays.

What are the prerequisites under the abuse of right principle? (1) There’s a legal
right or duty exercised in bad faith only to prejudice or injure the rights of the
other person under Article 19 and 21, the act is willful or intentional; under
Article 20, it is immaterial whether the act was intentional or not [as long as the
act is contrary to law]. Under Article 20, the act is contrary to law, under Article
21, the act is contrary to morals.

DAMAGE RESULTING FROM THE LEGITIMATE EXERCISE OF A PERSON’S

RIGHTS IS A LOSS WITHOUT INJURY FOR WHICH THE LAW GIVES NO
REMEDY (damnum absque injuria)
• One who merely exercises one’s rights does no actionable injury and
cannot be held liable for damages
• An award of damages and attorney’s fees is unwarranted where the
action is filed in good faith
• One who makes use of his/her own right does no injury. If damage
results from a person’s exercising his/her legal rights, it is damnum
absque injuria
• There must be a valid exercise of a right (to act with justice, give
others their due, observe honesty and good faith)

9
 • The right to recover damages under Article 21 is based on equity, and
s/he who comes to court to demand equity, must come with clean
hands
• Article 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.
• Article 21 should be interpreted as granting the right to recover
damages to injured persons who are not themselves at fault
• Not applicable to injuries that are self-inflicted
• Volenti non fit injuria “to which a person assents is not esteemed in
law as injury” refers to a self-inflicted injury or to the consent of injury
which precludes the recovery of damages by one who has knowingly
and voluntarily exposed himself/herself to danger, even if he/she is
not negligent in doing so

• Does not apply when there is an abuse of a person’s rights

• A right, though by itself legal because recognized or grated by law as
such, may nevertheless become the source of some illegality

• Elements of an abuse of right:

1. There is a legal right or duty;
2. which is exercised in bad faith;
3. for the sole intent of prejudicing/injuring another

ARTICLE 22. EVERY PERSON WHO THROUGH AN ACT OF PERFORMANCE BY

ANOTHER, OR ANY OTHER MEANS, ACQUIRES OR COMES INTO
POSSESSION OF SOMETHING AT THE EXPENSE OF THE LATTER WITHOUT
JUST OR LEGAL GROUND, SHALL RETURN THE SAME TO HIM.

ARTICLE 23. EVEN WHEN AN ACT OR EVENT CAUSING DAMAGE TO

ANOTHER'S PROPERTY WAS NOT DUE TO THE FAULT OR NEGLIGENCE OF
THE DEFENDANT, THE LATTER SHALL BE LIABLE FOR INDEMNITY IF
THROUGH THE ACT OR EVENT HE WAS BENEFITED.

TLC: Solutio indebiti. No unjust enrichment. So if something was delivered to

you and you don’t have any right over that property, your obligation is to return
it. Even if there is no fraud or intention to prejudice the other because you
benefitted, if there is injury to another person under article 23 you have to
indemnify the other person for damages because you benefited.

Article 22: If a person acquires or comes into possession of something at the

expense of another without just or legal ground through an act or of

10
performance by another or any other means has the obligation to return the
same

Even if the act was not due to one’s fault or negligence, he/she is still liable
for indemnity if he/she benefited.

Article 24, legislative intent: protect both those who are found weak and
uneducated who may have been taken advantage of by unscrupulous
persons or those who may have used undue influence in entering into
agreements

Article 25: the courts at the instance of the government or any private
charitable institution can order one to stop extreme spending or prevent
thoughtless extravagance when there is an acute public want or emergency

Article 26
Violations of the right to privacy:
1. Prying into the privacy of another’s residence;
2. Meddling with or disturbing the private life or family relations of
another;
3. Intriguing to cause another to be alienated from his friends;
4. Vexing or humiliating another on account of his religious beliefs, lowly
station in life, place of birth, physical defect, or other personal
condition.

• include actions against a person’s dignity, such as profane, insulting,

humiliating, scandalous or abusive language

Four requisites in order that an action may prosper under Article 27:
1. That the defendant be a public official charged with the performance of
official duties;
2. That there be a violation of an official duty in favor of an individual;
3. That there be refusal or negligence in the violation of such official
duty; and
4. That there be an injury to the individual

Article 29
• allows the filing of a civil action even if the accused is acquitted
beyond reasonable doubt
• does not speak of an independent civil action
General Rule: Every person criminally liable for a felony is also civilly liable

11
Two liabilities are separate and distinct from each other; the criminal aspect
if for the punishment or correction of the offender, while the other is for the
reparation of damages suffered by the aggrieved party

Criminal liability will only give rise to civil liability only if the same felonious
act or omission results in damage or injury to another and is the direct and
proximate cause thereof.

Damage or injury to another is the foundation of the civil action. This is not
the case in criminal actions; to be criminally liable, it is enough that the act
or omission is punishable, regardless of whether or not it also causes
material damage to another.

Article 30
A civil obligation arising from a criminal offense only needs a preponderance
of evidence as the quantum of proof
• does not refer to independent civil action (which is based on Articles
32, 33, 34)
• If the criminal action is filed after the civil action, the civil action shall
be suspended. Suspension shall last until final judgment is rendered in
the criminal action

Article 31
When the civil action arises not from the act of omission complained of as a
felony, it can proceed independently of the criminal proceedings regardless
of the result of the latter.
• speaks of independent civil actions
• civil obligation does not arise from a crime, but from some other act
like a contract or a legal duty

Instances of independent civil actions:

1. Art 32 - breach of constitutional and other rights
2. Art 33 - defamation, fraud, physical injuries
3. Art 34 - refusal or failure of city or municipal police to give protection
4. Art 2177 - quasi-delict or culpa aquiliana (voluntary and negligent acts
which may be punishable by law)

Article 32
• any public officer/employee or any private individual
Independent civil action can prosper when there is violation of one’s right to
the following:
• freedom of religion
• freedom of speech
• freedom to write for the press or maintain a periodical publication

12
 • freedom from arbitrary or illegal detention
• freedom of suffrage
• the right against deprivation of property without due process
• the right to a just compensation when private property is taken for
public use
• the right to the equal protection of the law
• the right to be secure in one’s person, house, papers, and effects
against unreasonable searches and seizures
• liberty of abode
• privacy of communication and correspondence
• right to become a member of associations or societies for purposes not
contrary to law
• the right to take part in a peaceable assembly to petition the
government for redress of grievances
• the right to be free from involuntary servitude in any form
• the right of the accused against excessive bail
• the right of the accused to be heard by himself and counsel
• freedom from being compelled to be a witness against one’s self
• freedom from excessive fines or cruel and unusual punishment
• freedom of access to the courts

EXCEPTION: Judges are exempted, unless their act or omission constitutes a

violation of the RPC or other penal statute

Article 33
Independent civil action for:
1. defamation (or libel or slander or intrigue against honor)
2. fraud (or estafa or swindling)
3. physical injuries (including attempted, frustrated, and consummated
homicide)

Article 34
Independent civil action for:
• Primary liability: when a member of a city or municipal police force
refuses to render aid or protection to any person in case of danger to
life or property
• Subsidiary liability: city or municipality concerned in case of insolvency

Article 35
When a person claiming to be injured by a criminal offense, charges another
but the judge fails to find any crime to be committed or if the prosecuting
attorney refuses/failed to institute criminal proceedings, he/she has the right
to file it separately as a civil action for damages

13
 • applies to cases when there is no independent action, when a liability
sought to be recovered arises from a crime

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.

TLC: Prejudicial Question. You did not discuss very well the prejudicial question
in your exam. What you were trying to discuss is there was bigamy already but
the question was do we suspend the criminal action because of the prejudicial
question. You need to take a look as to what is the question. There may be facts
given to you what is the question. Spot the issue. What is the prejudicial
question? Do we suspend the criminal proceeding just because there is a
prejudicial question? How do we determine the prejudicial question? The
prejudicial question is in the civil action. The prejudicial question is an
antecedent. (1) It must be filed ahead of the criminal case and (2) the
issues are the same or closely related to each other. So much so that the
resolution of the civil case will determine whether the criminal case will
prosper or not. (3) The resolution of the civil action will determine the
guilt of the accused. Therefore, that is the reason why we need to settle first
the civil action before we proceed to the criminal proceeding.

General rule: Where both a civil and a criminal case arising from the same
facts are filed in court, the criminal case takes precedence

EXCEPTION: There exist PREJUDICIAL QUESTIONS which should be

resolved before the criminal case

ELEMENTS:
1. civil action filed before the criminal case
2. the civil action involves an issue similar or intimately related to the
issue raised in the criminal action
3. the resolution of the issue raised in the civil case determines the
guilt or innocence of the accused in the criminal case

• Criminal action is suspended when there is a prejudicial question in a

civil case

EXCEPTION TO PREJUDICIAL QUESTION: A criminal prosecution will not

constitute a prejudicial question even if the same facts and circumstances

14
are present in the administrative proceedings (e.g. disbarment or suspension
of members of the bar).
• Administrative cases against lawyers belong to a class on their own.
They are distinct from and they may proceed independently of civil and
criminal cases
• The burden of proof in a criminal case is guilt beyond reasonable
doubt. While in an administrative case, only preponderance of
evidence is required.

15
 BOOK 1
PERSONS

TITLE 1
CIVIL PERSONALITY

CHAPTER 1
General Provisions

ARTICLE 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.

TLC: How do we distinguish juridical capacity from capacity to act? Juridical

capacity is the fitness to be the subject of legal relations even a conceived
child or fetus can already be a donee or heir provided it be born in accordance to
Article 41 of the civil code. For all intents and purposes favorable to the unborn
child, it will be considered born. Provided Article 41. The unborn child will not
have civil liability as of yet. ‘Yung liability obligation, utang. So juridical capacity,
civil personality, we apply Article 41.

Capacity to act is capacity to act with legal effects. What are the
requirements? Must be of sound mind and legal age, 18 above. Under
Article 38 and 39 are the restrictions of capacity to act under certain
circumstances.

Juridical capacity - fitness to be the subject of legal relations

• inherent in every person and is lost only through death
• acquired through birth
• cannot be limited or restricted

Capacity to act - power to do acts with legal effect

• acquired when one reaches the age of majority
• lost through death and in cases like civil interdiction
• may be limited or restricted by other causes (Article 38 & 39)

16
ARTICLE 38 AND 39.
TLC: If minor, you cannot enter a contract of marriage but you can enter ordinary
contracts because being a minor will only consider that contract as voidable. It can
be ratified, not null and void. If you are blind, deaf or dumb, you cannot be a
witness to a will however you can be a testator provided you comply with certain
requirements under the civil code. If you are a foreigner, you cannot own private
land in the Philippines except by hereditary possession. If you are husband and
wife, you cannot donate to each other during marriage except moderate gifts.

Restrictions on the capacity to act

• mere restrictions on the capacity to act; they do not exempt the
person from certain obligations
1. Minority
2. Insanity or imbecility
3. State of being a deaf-mute
4. Prodigality
5. Civil interdiction

Circumstances which modify/limit one’s capacity to act:

1. Age
2. Insanity
3. Imbecility
4. The state of being a deaf-mute
5. Prodigality
6. Family relations
7. Alienate
8. Absence
9. Insolvency
10. Trusteeship

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 CHAPTER 2
NATURAL PERSONS

ARTICLES 40 AND 41.

TLC: Article 40: Birth determines personality. Even if you are not yet born you
already have presumptive personality.

Article 41: If the unborn child has an intrauterine life of seven months, kailangan
makita ko ‘yung period of gestation, the only requirement under the law is it
must be alive when it was born. If the child even with an intrauterine life of
seven months or more was born dead, it does not gain civil personality.
However, if the unborn child has an intrauterine life of less than six months, that
is the time you apply the 24-hour requirement. If not, it cannot inherit, it cannot
be a donee, it cannot transmit its own rights to its own heirs.

General rule: BIRTH DETERMINES PERSONALITY

• The fetus is considered born if it is alive at the time it is completely
delivered from the mother’s womb
• But, if the fetus had an intrauterine life of less than seven
months, it is not deemed born if it dies within 24 hours after it
is completely delivered from the womb (Article 41)

EXCEPTION: However, a conceived child which is still inside the mother’s

womb shall be considered born, hence considered a person, but subject to
the following conditions:
1. It is deemed born only for purposes that are favorable to it
2. It must be deemed born later under the conditions specified on Article
41*

*If the fetus had an intrauterine life of at least seven months, it is deemed
born when it is alive after its complete delivery from its mother’s womb,
hence it is considered a person (Article 41).

• The personality of a conceived child has two characteristics:

1. It is essentially limited, because it is only for purposes favorable to the
child
2. It is provisional or conditional, because it depends upon the child being
born alive later

Rights of a conceived child:

1. Right to support from its progenitors
2. May receive donations

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 3. May not be ignored by the parent in his/her testament

• For purposes of inheritance and succession, a child conceived at the

time of death of the decedent can still be considered a dependent

ARTICLE 42

TLC: Death extinguishes civil personality. However, there are certain

transaction that can be governed by the will executed. The will provided that is
exclusively valid will be followed for the properties of the testator will be
distributed not by intestate succession but [by] following the will.

CIVIL PERSONALITY OF A NATURAL PERSON IS EXTINGUISHED BY DEATH

• Death puts an end to civil personality
• Dead person continues to have personality only through contract, will,
or as determined by law
• Creditors can claim from the estate of the deceased any obligation due
to them.

Article 43
PRESUMPTION: if there is 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.
• Proof of death cannot be established from mere interference or
presumptions. It must be established by clear positive evidence.
• HOWEVER, if there is no proof as to who died first, they are presumed
to have died at the same time, and thus, no transmission of rights
from one to the other.
• There is no succession between the two of them, but their respective
heirs will inherit from them.

• The presumption applies only if the following conditions are present:

1. The parties are heirs to one another
2. There is no proof that one died ahead of the other

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