Persons and Family Relations Volume 1 By Paras

CIVIL CODE OF THE PHILIPPINES (REPUBLIC ACT NO. 386)

Law- is defined as a rule of conduct, just and obligatory, promulgated by legitimate authority for the
common observance and benefits.
Civil law – a branch of law that treats of the personal ang family relations of the individual, his property
and successional rights, and the effects of his obligations and contracts.
Civil code - a collection of laws which regulate the private relations of the members of the civil society,
determining their respective rights and obligations, with reference to persons, things, and civil acts.
Civil law from Political law
Civil law – governs the relations of the members of the community to one another
Political law - deals with the relations of people and government
ART 1. This Act shall be known as the “Civil Code of the Philippines.”
Sources of the Civil Code
a) The Civil Code of Spain
b) The Philippine Constitution of 1935
c) Statues or laws (Philippine, American, European)
d) Rules of Court (local and foreign)
e) Decisions of local tribunals (particularly the Supreme Court)
f) Decisions of foreign tribunals
g) Customs and traditions of our people
h) General principles of law and equality
i) Ideas from the Code Commission itself, and
j) The family code of the Philippines
Code Commission – A Code Commission of five members was created by then President Manuel A.
Roxas thru Executive Order 48, dated March 20, 1947, in view of the need for immediate revision and
codification of Philippine Laws — in conformity with Filipino customs and ideals, and in keeping with
progressive modern legislation. The final draft of the Civil Code was finished on December 16, 1947. The
Commission rendered its report in a publication dated January 26, 1948. Congress approved the draft on
June 18, 1949 as Republic Act 386. (Read more: Paras, 2008. CIVIL CODE of the PHILIPPINES
ANNOTATED, Persons and Family Relations. Rex Printing Company, Inc. ISBN 978-971-23-5066-5.)
Original members of the Code Commission
Dean Jorge Bocobo (chairman)
Judge Guillermo B. Guevera (member)
Dean Pedro R. Ylagan (member)
Dean Fransico R. Capistrano (member)
Arturo M. Tolentino (Note: has not yet been appointed at the time the Civil Code was drafted)
History of Our Civil Laws
Civil Code of Spain of 1898 – prior to the present Civil code, our civil code was premised practically on
the old Civil code.
Recopilacion de las Leyes de las Indias – this is where our Civil code was found prior to the Civil code of
Spain.
Civil Code Divided into four books
Book 1- Persons – originally covers Art. 37-413, but when the Family became effective on August 3,
1988, the laws on persons pertains only to the following:
Book 2 – Property, Ownership and Its Modifications
Book 3 – Different modes on acquiring property
Book 4 – Obligations and Contracts
Preliminary Title (Art 1-18) – the purpose of this Title is to set forth General Principles
The Civil Code contains 2270 Articles, 43% of which are completely new provisions
English is the language of the Civil Code

Art 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.
Publication through newspapers is now allowed – Executive Order 200 dated June 18, 1987, modifying
Article 2 now provides: For the publication of laws either in the Official Gazette or in a newspaper of
general circulation in the Philippines as a requirement for effectivity.
General principle and theory: Before the public is bound by its contents, especially its penal
provisions, a law, regulation, or circular must first be published, and the people officially and
specifically should be informed of said contents and penalties for violation thereof.
This article provides for the effectivity of two kinds of laws
a) An ordinary law
b) The Civil Code
Effectivity Date of an Ordinary Law
a) On the date it is expressly provided to take effect.
b) If no such date is made, then after 15 days following the completion of its publication in the
Official Gazette or in a newspaper of general circulation. – which means on the 16 th day after the
complete publication, if voluminous, the release of the last series.
  A law which provides for its immediate effectivity upon approval becomes effective ONLY
after its complete publication and NOT IMMEDIATELY after its signing by the President.
 Meaning of Unless it is otherwise provided – the DATE OF EFFECTIVITY not the
REQUIREMENT OF PUBLICATION. (Indispensable requirement)
PUBLICATION IS INDISPENSABLE – no law can become immediately effective upon approval,
without publication. The constitutional requirement of due process clause of the Constitution is needed.

 Laws that need publication – All Statues, including those of local application and private laws
shall be published as a condition for their effectivity.
 All laws and not only to those of general application, even if some not apply to all directly, for
the subject of law is a matter of PUBLIC INTERST. The law must invariably affect the public
interest even if it is applicable to some and not to all.
 Publication must be complete and in full or it is no publication at all. Since publication is to
inform of the full contents of the law, the mere mention of title, number, effectivity and
whereabouts is not even substantial compliance.
Internal instructions issued by an administrative agency are not covered by the rule in prior
publication. Also not covered are municipal ordinances which are governed by the Local Government
Code.

ART 3. IGNORANCE TO THE LAW EXCUSES NO ONE FROM COMPLIANCE

THEREWITH.
Ignorance – want or absence of knowledge, state of being unaware or uninformed of something or act
under consideration.
Ignorance of law – is want of knowledge or acquaintance with the laws of the land (Ignorantia legis non
excusat)
Ignorance of fact – is want of knowledge of some fact to the subject matter in hand (Ignorantia facti
excusat)
Key points:
All persons are conclusively presumed to know all laws as long as laws have been duly promulgated and
any violation thereof is not an excusable ground of ignorance.
- This rule applies to ALL domestic laws whether penal or civil and whether substantive or
procedural.
- It applies only to mandatory or prohibitive laws and not to permissive or supplementary laws.
- Ignorance of foreign law is not ignorance of the law, but ignorance of the fact because foreign
laws must be alleged and proved as matter of fact, no judicial notice of said foreign laws.
- Processual presumption is if foreign law is not properly alleged and proved the presumption is
that it is the same as our law.
Scope of Ignorance of the law
- Not only the literal words of the law itself, but also to the meaning or interpretation given to said
law by our courts of justice.
Ignorance of law distinguish from Ignorance of the fact (Mistake of Fact)
Ignorance of the law is no excuse, i.e., no excuse for not complying with the law, Ignorance of fact
eliminates criminal intent as long as there is no negligence.
Ignorance of the law as the basis of Good Faith
The Civil Code specifically provides that a mistake on a doubtful or difficult question of law may be the
basis of good faith. However, that one is excused because of such ignorance.

ART. 4 LAWS SHALL HAVE NO RETROACTIVE EFFECT, UNLESS THE CONTRARY IS

PROVIDED.
General Rule in Prospectivity
In general, laws are prospective, not retroactive. Unless the intention to give them, a retrospective effect
is EXPRESSLY DECLARED or NECESSARILY IMPLIED from the language used. If there is doubt,
doubt must be resolve against retrospectivity.
Retroactivity – when a law is made applicable to situations or acts already done before passage of the
said law.
Exception to the prospective effects of law
a) If the laws themselves provide for retroactivity, but in no case must an ex post facto law be
passed.
Ex post facto - a criminal statute that punishes actions retroactively, there by criminalizing conduct that
was legal when originally performed.
b) If the laws are remedial in nature
Remedial law – laws which provide for the methods of enforcing rights or obtaining redress for their
violation.
c) If the statute is penal in nature
Penal laws favorable to the accused or convict, who is not a habitual criminal
d) If the laws are of an emergency nature and are authorized by the police power of the government
Emergency laws – laws intended to meet exigencies which require immediate action.
e) If the law is curative, for precise purpose, is to cure errors or irregularities. However, must no
impair vested rights not affect final judgements.
Curative law – laws intended to correct errors or irregularities incurred in judicial or administrative
proceedings, act of public officers or private deeds.
 f) If a substantive right be declared for the first time, unless vested rights are impaired
ART. 5 ACTS EXECUTED AGAINST THRE PROVISIONS OF MANDATORY OR
PROHIBITORY LAWS SHALL BE VOID, EXCEPT WHEN THE LAW ITSELF AUTHORIZED
THEIR VALIDITY.
Mandatory provisions – in a statute is the omission to follow which, renders the proceedings to which it
relates void.
- Positive - when something must be done
- Negative or prohibitory – when something should not be done
Violation of mandatory or prohibitory laws effect – renders the act void. Example, an unregistered
transfer of large cattle is void because the law provides that no transfer of large cattle shall be valid unless
registered.
Directory provision – is one of the observances which is not a validity of a proceeding.
Violation of Directory laws effect – the violation of such laws does not render the act void or illegal.
Exceptions:
a. When the law makes the act not void but merely voidable (valid, unless annulled) at the instance
of the victim.
b. When the law makes the act valid, but subjects the wrongdoer to criminal responsibility
c. When the law makes the act, itself void, but recognizes some legal effects flowing therefrom
d. When the law itself makes certain acts valid although generally they would have been void

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.
General Rule- Rights may be waived.
Right- The power or privilege given to one person.
Waiver- It is the relinquishment or refusal of a known right with both knowledge of its existence and an
intention to relinquish it.
When is there a waiver- In practice, it is required everyone take advantage of his rights at a proper time;
and neglecting to do so will be considered a waiver. Thus, failure of counsel, either in brief or oral
argument, to allude to an assignment of error, is a waiver thereof.
Waiver distinguished by ratification- Ratification is the adoption of a contract made on one’s behalf by
someone whom he did not authorize, which relates back to the execution of the contract and renders it
obligatory from the outset. Waiver is the renunciation of some rule which invalidates the contract, but
which, having been introduced, for the benefit of the contracting party, may be dispensed with at his
pleasure.
Examples of rights that cannot be renounced
● Natural rights such as the right to life
● Alleged rights which really do not yet exist
● Those the renunciation of which would infringe upon public policy
 ● When the waiver is prejudicial to a third person with a right recognized by law

General rule and exceptions on waiver of rights- The general rule is that rights may be waived. But this
rule is not absolute. It admits of two exceptions, such as:
● When the waiver is contrary to law, public order, public policy, morals, and good customs.

Sample case: Cui vs. Arellano University, L-15127, May 30, 1961. A student was granted a
scholarship but agreed not to transfer to another school unless he would refund all benefits he
derived out of his scholarship. The Supreme Court said that this is void. Article 1409 of the Civil
Code states that contracts whose cause, object or purpose is contrary to law, morals, good
customs, public order or public policy are void.

● When the waiver is prejudicial to a third person with a right recognized by law.

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. (Not only similar to but also identical
with article 5 of the old Civil Code)

When the court declares a law to be inconsistent with the Constitution, the former shall be void and
the latter shall govern. (Gives supremacy to the Constitution over an ordinary law or legislation

Administrative or executive acts, orders and regulations shall be valid only when they are not
contrary to the laws or the Constitution. (Asserts the supremacy of the law and the Constitution over
administrative or executive acts.)

How Laws are repealed:

● Expressly (when it is contained in the subsequent act)
● Impliedly (when the subsequent law is inconsistent with the former)

Requisites- In order that a later statute may repeal an earlier one by implication, the two statutes must
relate to the same subject matter and be repugnant to each other. Where two statutes can be applied to the
same subject matter at the same time without interfering with each other or where there lies no
incompatibility between the two or where they are not repugnant to each other, then the earlier statute is
not repealed by the later
Repeals by implication not favored- Repeals by implication are not favored. And where two statutes
cover, in whole or in part, the same subject matter, and are not absolutely irreconcilable, the duty of the
court –– no purpose to repeal being clearly expressed or indicated –– is, if possible, to give effect to both.

Repeal of repealing law; revival- As a rule, laws are repealed only by subsequent ones. The law, as a
rule, does not allow implied repeal. A law may be repealed expressly when a new law is enacted
containing a provision expressly repealing an existing law. It may also be repealed impliedly when there
is a conflict between the old and the new law such that the observance of one excludes that of the other.

Grounds for declaring a law unconstitutional:

● Enactment of the law may not be within the legislative powers of the lawmaking body
● Arbitrary methods may have been established
● The purpose or effect violates the Constitution

“Operative Fact” Doctrine- when a legislative or execute act, prior to its being declared as
unconstitutional by the courts, is valid and must be complied with.

Note:
● If there is a conflict between a general and a special law, both of which include or cover the same
subject, the special law must be deemed an exception to the general law.
● In case of an express repeal of a law, the repeal of the repealing law does not revive the old law,
except if provided expressly. But the rule is that, if the repeal is implied, the repeal of the
repealing law revives the old law, unless the law otherwise provides.

Article 8 Judicial decisions applying and interpreting the laws or the Constitution shall form a part
of the legal system of the Philippines.

Judicial decisions, though not laws, are evidence, however, of what the laws mean, and this is
why they are part of the legal system of the Philippines.

Judicial decisions of the Supreme Court are authoritative and precedent-setting while those of the
inferior courts and the Court of Appeals are merely persuasive. Indeed, it is the duty of judges to apply
the law as interpreted by the Supreme Court.
Decisions referred to- those enunciated by the Supreme Court (court of last resort).

How Judicial Decisions may be abrogated:

 ● By a contrary ruling by the Supreme court itself
● By corrective legislative acts of congress

The Doctrine of Stare Decisis- once a case has been decided one way, then another case, involving
exactly the same point at issue, should be decided in the same manner.

Obiter Dicta- opinions not necessary to the determination of a case. They are not binding, and cannot
have the force of judicial precedents.
How judicial decisions may be abrogated:
● By a contrary ruling by the Supreme Court itself
● By corrective legislative acts of Congress

When final judgments may be changed

● A judgment void for lack of jurisdiction over the subject matter can be assailed at any time either
direct or collaterally.
● When a judgment has been rendered and the latter has become final, the interested party may ask
the court to modify or alter the judgment to harmonize the same with justice and with the facts.

Article 9 No judge or court shall decline to render judgment by reason of the silence, obscurity or
insufficiency of the laws.
Applicability to Criminal Prosecutions
Article 9 of the Civil Code is applicable to criminal prosecutions. The judge may not decline to
render a judgment. Instead, the judge must dismiss the criminal action. Applying the rule “nullum
crimen, nulla poena sine lege” (there is no crime when there is no law punishing it) the judge must
dismiss the case if somebody is accused of a non-existent crime.
Rules that judges may apply:
● Customs which are not contrary to law, public order, and public policy.
● Decisions of foreign and local courts on similar cases
● Opinions of highly qualified writers and professors
● Rules of statutory construction
● Principles laid down in analogous instances.

What must judges do:

Under the old Civil Code, it was expressly stated that “when there is no statute exactly
applicable to the point in controversy, the custom of the place shall be applied, and, in default thereof,
the general principles of law. If the law is silent, or is obscure or insufficient with respect to a particular
controversy, the judge shall apply the custom of the place, and in default thereof, the general principles of
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.

When the law is clear, it must be applied, even if it is harsh or unjust, for the judge cannot change
the mandate of the law. If there is ambiguity in the law, interpretation of the law requires fidelity to the
legislative purpose.
Some Rules of Statutory Construction
● Application of the law must be made unless oppression would arise.
● If there are two possible interpretations of a law, that which will achieve the ends desired by
Congress should be adopted.
● In interpreting a law, the ff should be considered: the preamble of the statute; the foreign laws
from which the law was derived; the history of the framing of the law; similar laws on the same
subject matter
● Obvious mistakes and misprints in the law, may properly be be corrected by our courts.
● Laws of pleadings must be liberally construed
● Laws in derogation of a natural or basic right must be strictly interpreted
● The interpretation given by officials which they are bound to enforce deserves great weight

When to Apply it:

The rule expressed in Article 10 of the Civil Code is to be applied only in case of doubt. Thus, the
law may be hard, but it is still the law (“dura lex sed lex”). The first duty of the judge is to apply the law
–– whether it be wise or not, whether unjust –– provided that the law is clear, and there is no doubt.
Presumption and Applicability of Custom
Article 11. Customs which are contrary to the law, public order or public policy shall not be
countenanced - (acceptable or possible)
 “Customs” is a rule of conduct formed by repetition of acts, uniformly observed as a practice rule,
legally binding and obligatory.
 “Custom as a source of law” customs which are not contrary to the law, public order and public
policy are a source of law.

In order that a custom may be considered as a source of a right, the following requisites must be
proven:
1. A custom must be proved as a fact, according to the rules of evidence
2. A custom must not be contrary to law (contra legem), public order or public policy
3. Plurality of acts; acts are repeatedly done
4. It is generally practiced by the great mass of the social group.
5. The practice has been going on for a long period of time.
6. The community accepts it as a proper way of acting, such that it is considered obligatory upon all.

Article 12: A custom must be proved as a fact, according to the rules of evidence.
 “Judicial notice” is the recognition an acceptance by the courts of such matters as are “of public
knowledge or are capable of unquestionable demonstration, or ought to be known to judges because
of their judicial functions” w/o need of proof.
 “No judicial notice of customs” courts take no judicial notice of customs. For customs to constitute
evidence, their existence has to be proved according to the rules provided in the Rules of Court.
 “Processual presumption” states that in the absence of any allegation and evidence presented by a
litigant of the specific foreign law governing a material matter in the case, the law is presumed to be
the same as the PH law on the matter.

Kinds of Customs
1. General customs – prevails throughout a country, one that is followed in all cases by all persons in the
same business in the same territory, long established, acted upon.
2. Local customs
3. Particular customs – certain inhabitants
• Customs cannot justify what is illegal.
Legal periods
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)
 Six months is 180 days
 3:00 am is nighttime - a crime committed at 3:00 am is the morning is, being committed before
sunrise, one committed at nighttime, an aggravating circumstance(refers to the factors that
increase the severity or culpability of a criminal act.)
 Pretermission of holiday - Where the day, or the last day, for doing any act required or permitted by
law falls on a regular holiday or special holiday, the act may be done on the next succeeding
business day.

1. One Year – 365 days

2. One Month – 30 days, if month is specified according to the month. (e.g. January = 31 days)
3. One Day – 24 hours
4. Night – sunset to sunrise

• Week (a) seven successive days, (b) Sunday – Saturday calendar

Applicability of Penal Laws

Article 14: Penal laws and those of public security and safety shall be obligatory upon all who live
or sojourn in Philippine territory, subject to the principles of public international law and to treaty
stipulations. (8a)
 Generality and Territoriality - All persons, including aliens, found within the territory of the PH,
except those who are exempted by treaty or international law, are subject to its penal laws and those
of public security. Under the principles of intl law, embassies and diplomats, and by treaty
stipulations, certain person, e.g military personnel, are beyond the criminal jurisdiction of the state
where they are found.
 Criminal jurisdiction beyond territorial boundary - Art 2 of RPC “Application of Its Provisions”

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.

EXCEPTIONS TO THE PRINCIPLE OF TERRITORIALITY

1. Those who, under international law ENJOY DIPLOMATIC IMMUNITIES (from suit) such as
head of states, foreign ambassadors, diplomats provided that they DO NOT TRAVEL INCOGNITO.
a. Foreign army exempt from civil and criminal jurisdiction where it was permitted to march or to
station therein.
2. EXPRESSLY EXCLUDED due to TREATY STIPULATIONS, PH-US Military Bases Agreement.
Consults do not have Immunities - He is subject to laws and regulations of the country to which he is
accredited.
Immunity from Suit may be granted to International Agencies
By TREATY STIPULATIONS, an international agency may be granted immunity from suit
TREATY STIPULATIONS- international agreements entered into by the Philippines which require
legislative concurrence after executive ratification

Philippine Territory
1. Terrestrial
2. Fluvial
3. Aerial
4. Territorial Sea
5. Seabed
6. Subsoil
7. Insular shelves
8. Submarine areas
9. Internal waters

Extraterritorial Jurisdiction
A juridical power extending beyond the physical limits of a particular state or country.

Extraterritorial Jurisdiction of Philippines

Refer to Article 2, Revised Penal Code of the Philippines

“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.”
 Binding effect

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)
 Principle of nationality - Art 15 (general rule)

Nationality Principle and F-S-C-L

A. Family rights and duties- Provided in the Family Code and other special laws relating to family
law. Marriage, its annulment, its consequences, which are governed exclusively by the Philippine law
wherever they may be.

B. Status is a term used to designate the circumstances affecting legal situation, sum total of capacities
and incapacities of a person in view of his age, nation and his family membership (civil status).

C. Condition - A mode or state of being; state or situation; essential quality; status or rank.

D. Legal Capacity- The legal power to enter into binding obligations or to enjoy the privileges of a
legal status.
a. Testamentary Capacity – make legally effective will
b. Contractual Capacity – enter into a legally binding contract
c. Marital Capacity – enter into a valid marriage.

Nationality or citizenship theory – the national law of the person is applied in matters involving
personal relations.
• Such laws are suited more to his personal affairs.
 Divorce of marriages between Filipino citizens - a divorce obtained by a Filipino couple abroad is
not valid under PH law. Insofar as the PH govt is concerned, the couple remain married to each
other.

 Divorce of marriages between foreigners - A divorce of marriages between foreigners, if valid

according to their natl law, is valid under PH law

 Divorce of mixed marriages - A foreigner husband whose marriage to a Filipino citizen is

terminated by divorce loses his property rights as a husband under PH law
 A foreigner’s capacity to contract - The legal capacity of a foreigner who enters into contract
which affect parties in the PH is determined by the law where the contract is executed.

 Status - refers to the circumstances affecting the legal situation of a person in view of his age,
nationality and his family membership.
Article 16. Real property as well as personal property is subject to the law of the country where it is
situated.
However, instestate 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 of
testamentary provisions, shall be regulate by 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.
Principles:

 Property, whether real or personal, is a rule governed by the lex rei sitae (law of the place where
the property is situated).
Exemption to the lex situs rule:
1. Order of succession
2. Amount of successional rights
3. Intrinsic validity of the provisions of a will
4. Capacity to succeed. (Art.1039, civil code)
Defects of article 16, Paragraph 2 (successional rights)- The application of Philippine laws
regarding succession will govern if the foreign courts of where the property is located would respect the
decisions of Philippine court.
Renvoi- literally means a referring back, the problem arises when there is a doubt as to whether a
reference in our law (such as Art.16, par.2 of the civil code) to a foreign law
1. Is a reference to the INTERNAL law of said foreign law, or
2. Is a reference to the WHOLE of the foreign law, including its CONFLICTS RULES.

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 the 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 conventions agreed upon in a foreign country. (11a)
Principles:

 Doctrine of lex loci celebrationis- A contract entered into by a Filipino in Japoan will governed
by Japanese law insofar as form and solemnities of the contract are concerned.

 Formalities for the acquisition, encumbering, or alienation of property whether real or property
shall however, be governed not by the lexi celebrationis but by the lex rei sitae. (article 16, par.1)

 Rule of exterritoriality – even if the act be done abroad, still if executed before Philippine
diplomatic and consular officials, the solemnities of philippine law shall be observed.

 Rule respecting prohibitive law:

1. A contract for the sale of human flesh (prostitution), even if valid where made, cannot be
given effect in the Philippines.
2. An absolute divorce granted Filipinos abroad, even if valid where given, cannot be
recognized in the Philippines in asmuch as under the Civil code, absolute divorce is
prohibited (except insofar as Mohammedan Filipinos are concerned.)
3. A U.S. court allowed a mother living with a man other than her husband to exercise
authority over a child with lawful husband. It was held by our Supreme Court that such a
decision cannot be enforced in the Philippines. The rule is the same today except that in
case of separation of his parents, no child under seven years of age shall be separated
from his mother, unless the court finds compelling reasons to do so. Even the
commission of adultery, according to the code commission, is not a compelling reasons.

Article 18. In a matters which are governed by the Code of Commerce and special laws, their
deficiency shall be supplied by the provisions of this code.
Principles:
Rule in case of Conflict between the civil code and other laws- in case of conflict with the code of
commerce or special laws, the civil code shall only be suppletory, except if otherwise provided for under
the civil code. In general, therefore, in case of conflict, the special law prevails over the Civil code, which
is general in nature.
When the civil code is superior
1. Common carriers- the code of commerce supplies the deficiency. (Art.1766, civil code)
2. Insolvency – the special laws supply the deficiency. (Art. 2237, civil code)
The case of usury
In case of conflict, the new civil code applies. (article 1961, civil code) but under another article,
the new civil code inconsistently says that in case of conflict, usurious transactions are governed by
special laws.
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.
(1) “To indicate certain norms that spring from the fountain of good conscience.”
(2) Stresses
a. Acting with justice
b. The giving to everyone his due
c. Observance of honesty and good faith
If a person has not been damaged in any way by another’s act, the former has no cause of action against
the latter.
Meralco v. Court of Appeals

- Tort – an act or omission that gives rise to injury or harm to another and amounts to a civil wrong
for which courts impose liability
Globe Mackay Cable & Radio Corp v. Court of Appeals

- A person must be held responsible for his right that resulted in damages to another

Garciano v. Court of Appeals

- Liability for damages arises only from unlawful, willful or negligent acts that are contrary to law,
morals, good customs or public policy
In re Emil P. Jurado

- 3 Latin Maxims
o honeste vivere – live honorably
o alterum non laedere – not to injure others
o jus suum cuique tribuere – render to every man his due
- Freedom of expression – must conform with Art 19; not used to insult others, destroy their name
or reputation or bring them into disrepute
St. Martin Polyclinic, Inc v. LWV Construction Corp

- A right exercised which is contrary to Art 19 and results in damage to another, the person is liable
for damages

(3) Acting with Justice and Giving Another His Due

a. Art 20 – indemnification of another due to illegal acts
b. Art 21 – indemnification due to immoral acts
c. Art 24 – unfair competition
d. Art 22 – unjust enrichment

(4) Observance of Honesty and Good Faith

a. Art 26 – respect for the personality and dignity of others
b. Art 25 – restraint of undue extravagance
c. Art 31 et seq – independent civil action
Honesty – careful regard for other’s rights and property
 Good faith – honest intention to avoid taking undue advantage of another
The Board of Liquidators v. Heirs of Maximo M. Kalaw

- Bad faith – dishonest purpose or some moral obliquity and conscious doing of wrong

Lamberto Torrijos v. Court of Appeals

- Death is not a valid cause for the extinguishment of a civil obligation. The accused would be
civilly liable independently of the criminal liability for which he can be held liable
Nakpil & Sons v. Court of Appeals

- One who negligently creates a dangerous condition cannot escape liability for the natural and
probable consequences

(5) Anonymous Complaints

- Supreme Court does not act on anonymous complaints, cases are excepted in which the charge
can fully borne by public records of indubitable integrity

(6) Inexperienced “Counsel de Oficio”

- Incompetence does not necessarily make him unfit to be a member of the bar

(7) Effect of a Plea for Social Justice

- Social justice cannot defeat the law on obligations and contracts, and cannot take away rights
from a person and give them to another who is not entitled

(8) Effect of a Veiled Threat on Dispenser of Justice

- To subject Justices to the threat of an investigation or prosecution for official acts is to subvert
their independence

(9) Law and Equity

- Equity follows the law

(10) Bad Faith

(11) Sexual Harassment Is About Power Exercised by a Superior over a Subordinate

- Sexual Harassment – it is the POWER being exercised by a superior over his women-
subordinates

(12) The Principle of Abuse of Rights

a. Elements of abuse of right
a. The existence of a legal right or duty
b. Which is exercised in bad faith
c. With the sole intent of prejudicing or injuring another

(13) Abuse of Rights Too

- Acts resulting from negligence may vary in nature, extent and resulting consequences
Article 20
(1) Willful or Negligent Acts
The article punishes illegal acts whether done willfully or negligently.
(2) Torts – an act that warrants civil liabilities; any action that causes harm or damage.
a. The Spanish Tort – based on negligence.
b. The American Tort – based on malice.
(3) When No Action for Damages Would Prosper
If someone be damaged, he does not necessarily have the right to be indemnified.
(4) When Judiciary Can Interfere in Decisions of Religious Tribunals
Civil Courts, according to the Highest Tribunal have jurisdiction over:
a. Inquiry into jurisdiction of religious tribunals
b. Regularity of their procedure
c. Test of fairness or to be the test furnished by the Constitution and laws of the church
HOWEVER, civil courts cannot pass upon the abandonment of faith by a member of the church nor upon
restatement of articles of religion since these are unquestionably ecclesiastical matters.
(5) Courts Cannot Just Set Aside Rules
As long as the standards fixed are reasonably and not arbitrary, courts are not at liberty to set them aside.

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.
 Willful Acts Contrary to Morals

- Intended to expand the concept of torts in this jurisdiction by granting adequate legal remedy

 Malicious Prosecution’ Includes Baseless Civil Suits

- Malicious prosecution – associated with unfounded criminal action

 Article 21 Distinguished from Article 20

a. Art 21 – this act is contrary to morals, good customs or public policy
Art 20 – the act is contrary to law
b. Art 21 – the act is done willfully
Art 20 – the act is done either willfully or negligently
 Nominal Damages
 - Granted for the vindication or recognition of a right violated or invaded

 Sexual Harassment

- Committed in two kinds of environments

o Work-related

o Education or training

- Does not necessarily constitute grave misconduct particularly where complainant is not a
subordinate or co-employee of respondent
 Chain of Rights

- Damages may be recoverable due to an abuse, these elements must be obtained

o There is a legal right or duty

o Such must be exercised in bad faith

o There is the sob intent of prejudicing or injuring another

 An Action Based on Tort

- In situations where the contractual relation is indispensable to hold a party liable, there must
be a finding that the act or omission complained of was done in good faith and in violation of
Art 21
Art. 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.
(1) Duty to Return What Was Acquired Unjustly or Illegally
 Nemo cum alterius detrimento protest – No person should unjustly enrich himself at the expense
of another.
 Nemo ex alterius incommode debet lecupletari – No man ought to be made rich out of another’s
injury.
Note: Legitimate enrichment is not discouraged by law.
Principles:
a. Solutio Indebiti – the payment to one of what is not due to him (made by mistake).
Requisites:
1. Payment or delivery
2. No obligation
3. Mistake
 b. Quantum Meriut – Under this principle, a contractor is allowed to recover the reasonable value of
the services rendered despite the lack of a written contract.
c. Accion in Rem Verso – a doctrine equivalent to the common law doctrine of unjust enrichment.
Requisites:
1. One party must be enriched and the other made poorer.
2. There must be a casual relation between the two.
3. The enrichment must not be justifiable.
4. There must be no other way to recover.
5. The indemnity cannot exceed the loss or enrichment, whichever is less.
Difference:
Accion in Rem Verso – there was no mistake.
Solutio Indebiti – it is essential the there be a mistake.

(2) Indemnity in the Form of Nominal Damages

Where the dismissal is for an authorize cause, the lack of statutory process should not nullify the
dismissal, or render it illegal, or ineffectual. However, the employer should indeminify the employee, in
the form of nominal damages, for the violation of his right to statutory due process.

Nominal Damage – a small amount that a court of law orders someone to pay to another person that they
have harmed, but not in a way that the court considers serious.

Art. 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 even he was
benefited.
 Unless there is a duty to indemnify, unjust enrichment will occur.
 Even if a person was not knowledgeable and not at fault, but he was benefited, it is but right and
equitable that he should indemnify it.

Art. 24 In all contractual, property or other relations, when one of the parties is at a disadvantage
on account of his moral dependence, ignorance, indigence, mental weakness, tender age or other
handicap, the courts must be vigilant for his protection.
(1) Reasons for the Court’s Protection of the Underdog
“parens patriae” – the phrase refers to the sovereign power of the State in safeguarding the rights of
person under disability, such as the insane and the incompetent.
 The State as parens patriae is under the obligation to minimize the risk to those who
because of their minority, are as yet unable to take care of themselves fully.
(2) Meaning of “Vigilant for His Protection”
In case of doubt, the doubt must be resolved in favor of the underdog.
(3) Inadmissibility of Confessions Obtained Through Coercion
A confession obtained through coercion, whether physical, mental, or emotional is inadmissible.
(4) Some Roles on Labor
a. Laborers contracted “temporarily” have the right to be notified one month ahead that their
services would no longer be necessary to their employers.
b. It would be an unfair labor practice for an employer to prohibit his employees and laborers
from joining a mass demonstration against alleged police abuses.
c. The right to fire employees must be abused.

Article 25 Thoughtless extravagance in expense for pleasure o display during a period of acute
public want or emergency may be stopped by order of the courts at the instance of any government
or private charitable institution.

Reason: thoughtless extravagance during emergencies may incite the passions of those who cannot afford
to spend.

Who can bring an action? Only a charitable institution whether government of private may bring an
action.

Exception: if a Mayor of a City wishes to stop an alleged display of extravagance by a social organization
must and can only do so after asking for a COURT ORDER.

Article 26 Every person shall respect the dignity, personality, privacy and peace of mind of his
neighbors and other persons. The following and similar acts, though they 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; dumrrI
(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.
- this article enhances human dignity and personality.

Remedies:
1. An action for damages
2. An action for prevention
3. Any other relief

Note: A CIVIL ACTION MAY BE INSTITUTED EVEN IF NO CRIME IS INVOLVED AND MORAL
DAMAGES MAY BE OBTAINED.
SCOPE: damages may be asked if…
a. prying to to the privacy of another’s residence includes name, picture or personality except insofar
as needed for publication or information and pictures of legitimate news value
B. Meddling with or disturbing the private life of family relations of another which causes the alienation
of the affections between a husband and a wife.
C. Meddling Gossiping compromises someone’s honor
D. Intriguing, Gossiping and reliance on hearsay causes another to lose friends
E. Vexing or Humliating , criticism of one’s health or physical features w/o justifiable legal cause.
Note: Religious Freedom does not authorize anybody to verbally abuse or shame another because of the
latter’s religious expression.
Question: Can anybody install a surveillance camera everywhere?
Answer: another person’s right to privacy must not be affected. If by the installation of surveillance
cameras, such right is affected, the answer is NO. If CONSENT is given, it’s a YES.
ARTICLE 27. Any person suffering material or moral loss because a public servant or employee
refuses or neglects, without just cause, to perform his official duty may file an action for damages
and other relief against the latter, without prejudice to any disciplinary administrative action that
may be taken.
- this article refers to a public servant or employee.
- the refusal or omission of a public official to perform his official duty is attributable to malice or
inexcusable negligence.
- under the “Anti-Graft and Corrupt Practices Act”, mandatory suspension from office shall be done
whenever there is a valid Information of charges against an incumbent public officer as a violation of: RA
3019, Title 7 Book II of the RPC, any offense involving fraud upon government and any offense
involving fraud upon public funds or property.
- there must be refusal or neglect without just cause to perform on the part of a public officer.
- public officers may be compelled by mandamus to perform the acts required by him
Fraud - an instance or an act of trickery or deceit especially when involving misrepresentation. In the
government officers’ case, this involves vouchers, DTR, official documents signifying a cash outflow
from government coffers especially if receipt of payment is acknowledged.
Purpose: to end the pabagsak or bribery system in the government services.
3 kinds of Bribes
1. Pabagsak - gift is given so that an illegal act may be done
2. Pampadulas - gift given to speed up the doing of a legal thing
3. Pampasalamat - gift given in appreciation of a thing already done
Note: If Administrative cases and Criminal cases are filed against a party containing the same charges,
Administrative cases shall be provisionally dismissed. It shall be sub judice.
Sub judice - under judicial consideration and therefore prohibited from public discussion elsewhere.
To be convicted of RA 3019, Sec.3 (b)
1. The offender is a public officer
2. Who requested or received a gift, a present, a share, a percentage, or a benefit.
3. On behalf of the offender or any other person
4. In connection with a contract or transaction with the government
5. In which the public officer, in an official capacity under the law has the right to intervene.
Case to case: a judge should execute a decision, those in the government service are bound by the rules
of proper and decorous behavior in the office premises, a public officer cannot be regarded as personally
liable to those injured as a result of an act within the scope of his official capacity and performed in line
of duty,
The Civil Service Law applies to government-owned or controlled corporations.
Article 212 of RPC punished “crimes of corruption of public officials”,
Under the RPC, there are two elements of corruption of public officials
1. The official, makes offers or promises or gives gives or presents to a public officer
2. The offers or promises are made or the gifts or presents are given to a public officer under
circumstances that will make the public officer liable for direct bribery or indirect bribery.
Direct Bribery - involves inter alia, the act of a public officer in accepting an offer or promises or
receiving a gift by himself or another with a view to perform a crime or an unjust act or commit an
omission which is connected to his official duties. Bribery can seriously affect the public’s trust in every
subdivision and agency of government, more so in the judiciary. Would merit the dismissal from the
service of a judge and forfeiture of his benefits but also a crime involving moral turpitude which is a
ground for the disbarment of a lawyer.

ARTICLE 28. Unfair competition in agricultural, commercial or industrial enterprises or in labor

through the use of force, intimidation, deceit, machination or any other unjust, oppressive or
highhanded method shall give rise to a right of action by the person who thereby suffers damage.
Reasons: Democracy becomes a veritable mockery if any person or group of persons by any unjust or
high-handed method may deprive other of a fair chance to engage in business or to earn a living.
“While competition is necessary in a free enterprise, it must not be unfair.”
Scope:
A. Agricultural enterprises
B. Commercial Enterprises
C. Industrial enterprises
D. Labor
1. A strike prematurely declared
2. A strike for trivial, unjust, or unreasonable cause
3. A strike carried out through force, intimidation or other unlawful means.
4. A strike in order to circumvent valid obligations entered into a collective bargaining contract.
5. Cutthroat competition (where one is ready to lose if only to drive somebody else out of business.
6. The making of any false statement in the course of trade to discredit the goods, business or services of
another.
7. The making of goods so as to deceive purchasers--ordinary or average purchasers and not necessarily
intelligent buyers
8. Selling goods above the maximum prices set by the State.
9. A strike to obtain better terms and conditions of employment is a legitimate labor activity recognized
by law and its legality does not depend on the reasonableness of the demands.
TESTS OF UNFAIR COMPETITION: whether certain goods have been intentionally cloth with an
appearance which is likely to deceive the ordinary purchasers exercising ordinary care.
Monopoly - a privilege or peculiar advantage vested in one or more persons or companies, consisting in
the exclusive right or power to carry on a particular business or trade, manufacture a particular article, or
control the sale or the whole supply of a particular commodity.
It is a form of market structure in which one or only a few firms dominate the total sales of product or
service.
The Philippine Constitution, mandates the regulation of Monopolies and interdicts unfair
competition.

ARTICLE 29. When the accused in a criminal prosecution is acquitted on the ground that his guilt
has not been proved beyond reasonable doubt, a civil action for damages for the same act or
omission may be instituted. Such action requires only a preponderance of evidence. Upon motion of
the defendant, the court may require the plaintiff to file a bond to answer for damages in case the
complaint should be found to be malicious.
If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court shall so
declare. In the absence of any declaration to that effect, it may be inferred from the text of the
decision whether or not the acquittal is due to that ground.
- An acquittal on the ground that the guilt of the defendant “has not been satisfactorily established” is
equivalent to one on reasonable doubt and does not preclude or prevent a civil suit.
- Under the Revised Penal Code (Art.100), a person criminally liable is also civilly liable.
- the Criminal aspect affects the social order. The civil affect private rights. Criminal aspect is for the
punishment or correction of the offender. Civil aspect is for the REPARATION of damages suffered by
the aggrieved part.
- even if the accused is acquitted because of prescription of the crime, he is released only from criminal
responsibility not civil liability. Otherwise, the victim would be prejudiced.

A. Criminal liability will give rise to civil liability ex delicto only if the same felonious act or omission
results in damage or injury to another and is the direct and proximate case thereof. (Proximate - closest
in relationship, immediate)
B. In a criminal action, the State must prove its case by evidence which shows the guilt of the accused
beyond reasonable doubt, while in a civil action, it is sufficient for the plaintiff to sustain his cause by
preponderance of evidence only.
C. The trial court should be made the depository of the civil indemnity for the death of the victim and the
heirs of the victim should be given a period of ten years to claim the amount, otherwise the same will be
escheated in favor of the State.
D. Criminal liability is harder to prove then civil liability because the former demands proof of guilt
beyond reasonable doubt; the other, more preponderance of evidence.
E. If criminal conviction is not obtained because of reasonable doubt, there is still a chance that the civil
liability can be held to exist because of preponderance of evidence.
F. The Supreme Court has ruled that when the decision of the lower court provides, “that the evidence
throws no light on the cause of fire, and that was an unfortunate accident for which the accused cannot be
held responsible.” it means that the accused cannot be held civilly liable.
G. Civil liability in a criminal case may exist only if there is a criminal liability. It is improper to enforce
civil liability in a criminal case.
H. If in a criminal case, the accused is acquitted because the fact from which any civil liability could arise
did not exist, a civil case subsequently brought must be dismissed.
I. Unless the complainant intervenes and actively participates in the criminal case, an acquittal of the
accused would not bar the institution of an independent civil action.
J. If supported by a preponderance of evidence, a court in a criminal case is allowed to award damages
against an acquitted accused.
K. If the court declares vividly that a person charged with criminal offenses cannot be civilly charged,
that person cannot be charged civilly.
L. Under the Revised Penal Code, civil liability is the result of a crime, in the Internal Revenue Code,
civil liability arises first.
M. Civil liability is not deemed included in the criminal proceeding.
N. Conclusions and findings of fact by the trial court are entitled to great weight on appeal and should not
be disturbed unless for strong and cogent reasons because the trial court is in a better position to examine
real evidence as we as to observe the demeanor of the witnesses while testifying in the case.
O. The claim for civil liability is also extinguished together with the criminal action if it were solely based
thereon. Civil liability ex delicto.

Quasi delict - a term used in civil law to refer to a negligent act or omission which results in harm or
damage to an individual or to the property of another. The person causing the harm or damage may do so
without any malice, but may nonetheless be found at fault as a result of being negligent and or imprudent.
This exposes the individual to civil liability in the same way as if the act or omission was intentional.

Ex delicto - refers to the consequences of a tortious action and sometimes a criminal action.

Case: PNB vs Catipon, the civil case prospered because,

a. the civil obligation is based ex contractu (from a contract) and not ex-maleficio or ex-delicto (from a
crime),
b. the decision did not state that the fact from which the civil liability might arise did not in fact exist,
c. the acquittal here is equivalent to one based on reasonable doubt as to guilt and does not therefore
prevent a suit to enforce the civil liability