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Civil Code Reviewer

Publication – July 19, 1949


Circulation – August 30, 1949
Effectivity – August 30, 1950
Art. 1 – RA. 386 (Civil code of the Philippines)
Art. 2 – Effectivity of laws; laws shall take effect after 15 days following its publication in the Official
Gazette or in a newspaper of general circulation, unless otherwise stated.
Art. 3 – Ignorance of the law excuses no one
Art. 4 – Laws shall have no retroactive effect
Art. 5 – Acts against mandatory or prohibitory laws shall be void
Art. 6 –
Art 15 –
Art 17 -
Art. 19 – Everyone must act in good faith, it is presumed; also includes provisions of bad faith; he who
alleges the bad faith shall prove the same. Elements of bad faith/abuse of rights:

a.) there is a legal right or duty;


b.) which is exercised in bad faith;
c.) for the sole intent of injuring or prejudicing the other
Art. 20, 21 – action for damages for art. 19; 19 and 21, the act must be intentional, art.20, it does not
matter whoever
Art. 22 – Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors
and other persons. The following and similar acts, though may not constitute a criminal offense, shall
produce a cause of action for damages, prevention and other relief:
(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, or other personal condition.
Art. 37 – Juridical capacity (lost only through death), Capacity to act (acquired and may be lost)
Art. 39 – limit capacity to act: age, insanity, imbecility; a married woman 21+ years is qualified for all acts
civil life
Art. 40 – birth determines personality
Art. 41 – provisions of premature babies; less than 7 months = it should be alive at least 24 hours
Art. 42 – Civil personality is extinguished by death
Art. 43 – When both parties died w/o evidence as who died first, there would be no succession
Art. 44 – Juridical persons are: Gov’t and its political subdivisions, associations or corporation for public
interest and purpose, other corporations, partnerships and associations for private interest or purpose
Art 48 – The following are citizens of the Philippines
FAMILY CODE
E.O 209 – Pres Cory – August 3, 1988
Art 1 – Marriage is a special contract of permanent union between a man and a woman entered into in
accordance with law for the establishment of conjugal and family life. It is the foundation of the family,
and an inviolable social institution whose nature, consequences, and incidents are governed by law
and not subject to stipulation, except that marriage settlements may fix the property regime during the
marriage within the limits provided by this Code;

Art 2 – Essential requisites of marriage:


(a) Legal capacity of contracting parties who must be a male and a female
(b) Consent freely given in the presence of the solemnizing officer
Art 3 – Formal requisites of marriage:
(a) Authority of solemnizing officer;
(b) A valid marriage license except for exceptions
(c) A marriage ceremony, with the personal appearance of contracting parties, before the
solemnizing officer, and their personal declaration as husband and wife, in the presence of at
least 2 witnesses.
Art 4 -

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