CIVIL CODE OF THE PHILIPPINES

Article 1. This Act shall be known as the “Civil Code of the Philippines.”
(1) Sources of the Civil Code
(a) The Civil Code of Spain Court)
(b) The Philippine Constitution of 1935 (f) Decisions of foreign tribunals
(c) Statutes or Laws (Philippine, American, (g) Customs and traditions of our people
European)
(h) General principles of law and equity
(d) Rules of Court (local and foreign)
(i) Ideas from the Code Commission itself
(e) Decisions of local tribunals (particularly the
Supreme
NOTE: The principal basis is the Civil Code of Spain, which became effective in the Philippines on December
7, 1889.
(2) Commentators and Annotators on the Civil Code of Spain Among the famous commentators and
annotators on the Civil Code of Spain were:
(a) Justice Jose Ma. Manresa y Navarro (e) Mario Navarro Amandi (Cuestionario del
(Comentarios al Codigo Civil
Codigo Civil Español — 12 volumes) Reformado)
(b) Felipe Sanchez Roman (Estudio de Derecho (f) Colin and Capitant (French authors), De Buen
Civil) (who wrote
(c) Quintus Mucius Scaevola (pen name of a group the Spanish notes). (Curso Elemental de Derecho
of commentators borrowed from the famous Roman Civil)
juris-consultant) (Codigo Civil Comentado)
(g) Enneccerus, Kipp, and Wolff (German authors
(d) Calixto Valverde (Tratado de Derecho Civil — Derecho Civil)
Español)
(h) Chief Justice Jose Castan Tobenas
(3) Brief History of Our Civil Laws
a) Prior to the present Civil Code, our civil law was premised principally on the old Civil Code (the Civil
Code of Spain of 1889).
(b) Prior to the Civil Code of Spain of 1889, our civil law was found in the Recompilation de las Leyes de las
Indias with the following as supplemental laws to be applied in the following order:
1) the latest Spanish laws enacted for the colonies 5) Leyes de Toro (Laws of Toro)
2) La Novisima Recopilacion 6) the Siete Partidas (promulgated thru the
Ordenamiento de Alcala of 1384)
3) La Nueva Recopilacion
(4) Sources of Philippine Civil Law
4) the Royal Ordinances of Castille
(a) The 1935 and the 1973 Philippine Constitutions,
CIVIL CODE OF THE PHILIPPINES
(b) Statutes, laws, presidential decrees, or executive (f) Decisions of foreign courts.
orders which are applicable.
(g) Principles covering analogous cases. (Cerrano v.
(c) Administrative or general orders insofar as they Tan
are not contrary to the laws or the Constitution. (See
Chuco, 38 Phil. 932).
Art. 7, par. 3, Civil Code).
(h) Principles of legal hermeneutics (statutory
(d) Customs of the place, provided they are not
construction).
contrary to existing laws, public order, or public
policy. (Art. 11, Civil Code). (i) Equity and the general principles of law
(juridical standards of conduct premised on morality
(e) Judicial decisions (interpreting the law), as well
and right reasoning).
as judicial customs absence of applicable statutes
or customs). (Art. 11, Civil Code).

(5) Books of the Civil Code

a) Book I — Persons (Note — Book I is called (c) Book III — Different Modes of Acquiring
“Persons’’ instead of “Persons and Family Ownership
Relations” because juridical
(d) Book IV — Obligations and Contracts:
persons such as corporations, which are likewise
Other Parts:
referred
1) Preliminary Title
to in Book I, have NO families.)
2) Human Relations
(b) Book II — Property, Ownership, and its Modifi
cations 3) Transitional Provisions
4) Repealing Clause

Art. 2. Laws shall take effect after fifteen days following the completion of their publication in the Offi
cial Gazette, unless it is otherwise provided. This Code shall take effect one year after such publication.
(1) Scope of the Article on Effectivity of Laws This Article provides for the effectivity of two kinds of law,
namely:
(a) An ordinary law
(b) The Civil Code NOTE: When a country is placed under martial law, the law-making authority is ordinarily
vested in the Chief Executive or President or Commander-in-Chief who usually issues:
(1) General Orders (which may sometimes be similar to CODES)
(2) Presidential Decrees or Executive Orders (which may be similar to STATUTES)
(3) Letters of Instruction or Letters of Implementation (which may be similar to CIRCULARS) (4)
Proclamations (which are announcements of important things or events)
(4) Proclamations (which are announcements of important things or events)

(2) Effectivity Date of an Ordinary Law An ordinary law takes effect:

(a) On the date it is expressly provided to take effect. (Art. 2, Civil Code).
CIVIL CODE OF THE PHILIPPINES
(b) If no such date is made, then after 15 days following the completion of its publication in the Offi cial
Gazette (Art. 2, Civil Code) or in a newspaper of general circulation

(3) When No Publication Is Needed

“Upon approval’’ (i.e., by the President or by Congress over the veto of the President), publication in the Offi
cial Gazette is not necessary so long as it is not punitive in character

(4) When Publication Is Needed

Unless otherwise provided, laws shall take effect after 15 days following the completion of the publication in
the Offi cial Gazette (Art. 2, Civil Code) or in a newspaper of general circulation.

Art. 3. Ignorance of the law excuses no one from compliance therewith. (2)
1. A familiar legal maxim is found in the Latin Ignorantia legis non excusat meaning Ignorance of the law
excuses no one.
2. Art. 3 applies to all kinds of domestic laws, whether civil or penal.
3. Ignorance of foreign law is not ignorance of the law, but ignorance of the fact because foreign laws must
be alleged and proved as matters of fact, there being no judicial notice of said foreign laws.
4. When we say “ignorance of the law,’’ we refer not only to the literal words of the law itself, but also to
the meaning or interpretation given to said law by our courts of justice.
5. While ignorance of the law is no excuse, i.e., no excuse for not complying with the law, ignorance of the
fact eliminates criminal intent as long as there is no negligence.
6. The Civil Code specifi cally provides that a mistake on a doubtful or diffi cult question of law may be
the basis of good faith. (Art. 526). This does not mean, however, that one is excused because of such
ignorance. He is still liable, but his liability shall be mitigated, i.e., while he will still be considered as a
debtor, he will be a debtor in good faith.

Art. 4. Laws shall have no retroactive effect, unless the contrary is provided. (3
1. In general, laws are prospective, not retroactive. While the judge looks backward, the legislator must
look forward. If the rule was that laws were retroactive, grave injustice would occur, for these laws
would punish individuals for violations of laws not yet enacted.
2. Thus, a law is prospective at all times. Laws always take effect after they have been enacted and
published. A law may only be retroactive if such retroactive effect is expressly provided for in the
law.
Art. 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when
the law itself authorizes their validity. (4
1. Mandatory or Prohibitory Laws It should be noted that Art. 5 refers to mandatory or prohibitory laws, as
distinguished from those which are merely permissive. While one has to obey mandatory statutes,
otherwise his acts would generally be void, the violation of directory laws does not result in invalid acts.
 Kinds of mandatory legislation
a) Positive — when something must be done
(b) Negative or prohibitory — when something should not be done
CIVIL CODE OF THE PHILIPPINES
Art. 6. Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or
good customs, or prejudicial to a third person with a right recognized by law. (4a)
(1) Rules for the Waiver of Rights General rule — Rights may be waived
Exceptions:
(a) When the waiver is contrary to law, public order, public policy, morals, or good customs.
(b) When the waiver is prejudicial to a third person with a right recognized by law. (Art. 6, Civil Code).
(Unless, of course, such waiver has been made with the consent of such third persons).
[NOTE: Art. 6 deals with the waiver of rights, not the waiver of obligations or duties. Waiver of obligations or
duties would be possible only if the person being possessed of certain rights, and resultant obligations or duties
waives the said rights; or if the law itself authorizes such waiver (e.g., if a person who has a right renounce the
same, in a sense he is exempting himself from the obligations that may have ensued from the exercise of the
right).].

(2) Definitions
(a) Right — the power or privilege given to one person and as a rule demandable of another
Rights may be:
1) real rights (jus in re, jus in rem) — enforceable against the whole world (absolute rights);
2) personal rights (jus in personam, jus ad rem) — enforceable against a particular individual (relative
rights).
(b) Waiver — the intentional or voluntary relinquishment of a known right, or such conduct as warrants an
inference of the relinquishment of such right. (Christenson v. Carleton, 69 Vt. 91). Thus, a waiver may be
express or implied. (Black’s Law Dictionary, pp. 1827-1828)

Art. 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 declare a law to be inconsistent
with the Constitution, the former shall be void and the latter shall govern. Administrative or executive
acts, orders and regulations shall be valid only when they are not contrary to the laws or the
Constitution. (5a)

Sources of Law
In general, the sources of law are given in this Article, and in the order of preference, they are: the
Constitution, laws (or presidential decrees), administrative or executive acts, orders, and regulations.

(3) How Laws Are Repealed Laws are repealed: (a) Expressly (b) Or impliedly (insofar as there are
inconsistencies between a prior and a subsequent law
Unconstitutional Laws, Treaties, Administrative or Executive Orders
(a) Rule under the 1935 Constitution
To declare a law or a treaty unconstitutional, eight Justices of the Supreme Court out of eleven must so declare.
(Sec. 9, Judiciary Act of 1948). A simple majority (six Justices out of eleven) would suffice to declare an
executive or administrative order unconstitutional. (Sec. 9, Judiciary Act of 1948). This simple majority would
likewise be sufficient to hold a municipal ordinance unconstitutional.
(b) Rule under the 1973 Constitution
The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or
in two divisions. (Sec. 2[3], Art. X). All cases involving the constitutionality of a treaty, executive agreement,
CIVIL CODE OF THE PHILIPPINES
or law shall be heard and decided by the Supreme Court en banc, and no treaty, executive agreement or law may
be declared unconstitutional without the concurrence of at least ten Members. All other cases, which under its
rules are required to be heard en banc, shall be decided with the concurrence of at least eight Members.
(c) Rule under the 1987 Constitution
The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or
in its discretion, in divisions of three, fi ve, or seven members. Any vacancy shall be filled within ninety days
from the occurrence thereof. All cases involving the constitutionality of a treaty, international or executive
agreement, or law, which shall be heard by the Supreme Court en banc, and all other cases which under the
Rules of Court are required to be heard en banc, including those involving the constitutionality, application, or
operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations shall be
decided with the concurrence of a majority of the members who actually took part in the deliberations on the
issues in the case and voted thereon.

Supremacy of the Constitution

According to the Code Commission, the last paragraph of Art. 7 (re administrative or executive acts) “asserts
the supremacy of law and the Constitution over administrative or executive acts. Though, this is an undisputed
theory, it is wise to formulate it as a clear-cut legal provision by way of a constant reminder to not a few public
officials. The disregard of this principle is one of the main sources of abuse of power by administrative
officials.”

Art. 8. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the
legal system of the Philippines. (n)

Art. 9. No judge or court shall decline to render judgment by reason of the silence, obscurity, or insufficiency of the
laws. (6
(1) Duty of a Judge if the Law is Silent
A judge must give a decision, whether he knows what law to apply or not.
(2) Old Codal Provision
Under the old Civil Code, we had the provision that “when there is no law exactly applicable to the point in controversy,
the custom of the place shall be applied, and in default thereof, the general principles of law.”
Apparently, the judge may apply any rule he desires as long as the rule chosen is in harmony with general interest, order,
morals, and public policy.
Among such rules may be the following:
(a) Customs which are not contrary to law, public order, and public policy. (See Art. 11, Civil Code).
(b) Decisions of foreign and local courts on similar cases.
(c) Opinions of highly qualified writers and professors. (d) Rules of statutory construction.
(e) Principles laid down in analogous instances

Art. 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. (n)

(1) Dura Lex Sed Lex “The law may be harsh, but it is still the law.” Hence, the fi rst duty of the judge is to apply the
law — whether it be wise or not, whether just or unjust — provided that the law is clear, and there is no doubt. It
is the sworn duty of the judge to apply the law without fear or favor, to follow its mandate, not to temper with it.
What the law grants, the court cannot deny.
Art. 11. Customs which are contrary to law, public order or public policy shall not be countenanced. (n
CIVIL CODE OF THE PHILIPPINES

A custom is a rule of human action (conduct) established by repeated acts, and uniformly observed or practiced as a rule
of society, thru the implicit approval of the lawmakers, and which is therefore generally obligatory and legally binding.

‘Law’ Distinguished from ‘Custom’ While ordinarily a law is written, consciously made, and enacted by Congress, a
custom is unwritten, spontaneous, and comes from society. Moreover, a law is superior to a custom as a source of right.
While the courts take cognizance of local laws, there can be no judicial notice of customs, even if local. (Art. 12, Civil
Code).

Art. 12. A custom must be proved as a fact, according to the rules of evidence. (n
Art. 13. When the laws speak of years, months, days or nights, it shall be understood that years are of three
hundred sixty-fi ve days each; months, of thirty days; days, of twentyfour 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 fi rst day shall be excluded, and the last day included. (7a)

Art. 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)

(1) Theories of Territoriality and Generality

We adhere in the Philippines to that doctrine in criminal law known as the theory of territoriality, i.e., any offense
committed within our territory offends the state. Therefore, any person, whether citizen or alien, can be punished for
committing a crime here. Thus, the technical term generality came into being it means that even aliens, male or female
come under our territorial jurisdiction. This is because aliens owe some sort of allegiance even if it be temporary.

(2) Exceptions
a. Firstly, the principles of public international law
Examples are the immunities granted to diplomatic officials and visiting heads of states, immunity.
b. Secondly, the presence of treaty stipulations.
(Thus, we have the Philippine-United States Military Bases Agreement, dated Mar. 14, 1947 [43 O.G. No. 3, pp. 1020-
1034], which contains some provisions exempting certain members of the armed forces of the United States from the
jurisdiction of our courts.)

Art. 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

(1) ‘Status’ Defined

a. The status of a person in civil law includes personal qualities and relations, more or less permanent in nature,
and not ordinarily terminable at his own will, such as his being married or not, or his being legitimate or
illegitimate.
b. Status as the sum total of a person’s rights, duties, and capacities.
(2) Scope of Art. 15 (Nationality Principle)
Art. 15 refers to:
(a) Family rights and duties (including parental authority, marital authority, support);
(b) Status;
(c) Condition;
(d) Legal capacity. (But there are various exceptions to this rule on legal capacity.)
CIVIL CODE OF THE PHILIPPINES
Art. 16. Real property as well as personal property is subject to the law of the country where it is situated.
However, intestate and testamentary successions, both with respect to the order of succession and to the amount of
successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of
the person whose succession is under consideration, whatever may be the nature of the property and regardless of
the country wherein said property may be found. (10a

1) Conflicts Rules on Property (Lex Rei Sitae)

Property, whether real or personal, is as a rule governed by the lex rei sitae (law of the place where the property is
situated). (Art. 16, par. 1)
It is inevitable that the rule should be thus for real property, for after all, real property is attached to the land, and a
contrary rule may render a judgment on the land ineffective or incapable of enforcement.

Art. 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 offi
cials 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 by determi-nations or conventions agreed upon in a foreign country. (11a