Persons

NEW CIVIL CODE OF THE PHILIPPINES

(Republic Act No. 386, June 18, 1949)
I. The
Concept of
Civil Law
II. The Effect 1. Sources of laws (a) The Civil Code of Spain - Dec 7, 1889
and
(b) The Philippine Constitution of 1935
Application
Article 1. This Act shall be (c) Statutes or Laws (Philippine, American, European)
of Laws
known as the “Civil Code of (d) Rules of Court (local and foreign)
(Art. 1-18,
NCC) the Philippines.” (n) (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 equity
(i) Ideas from the Code Commission itself

Sources of civil law

1. Constitution, 1935, 1973, 1986
2. Statutes, laws, presidential decrees, or executive orders which are applicable.
3. Administrative or general orders insofar as they are not contrary to the laws or
the Constitution.
4. Foreign court decisions
5. Analogous cases
6. Legal hermeneutics - stat con

- The Civil Code contains 2270 articles, 43% of which are completely new
provisions.

2. Effectivity of laws Case digest

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
Tanada v. Tuvera, G.R. No. 63915, December 29, 1986
scope 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 usu-
ally issues:

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one year after such
publication. (1a)
3. Ignorance of the law
distinguished from mistake
of fact
Art. 3. Ignorance of the law
excuses no one from
compliance therewith.
- processual presumption.
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ally 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)
Effectivity of 1. On date expressly provided (otherwise provided)
ordinary law 2. If no date, AFTER 15 days following completion of its publication
official gazette, newspaper of general circulation
No - Law provides for its own effectivity,
publication • Eg. July 4, 2002, or Upon approval
needed ○ So long as not punitive
- If signed on last hour , as if effective even during the first hour
• Eg. Signed at 11pm June 5, then as if effective from june 5,
12am
Publication - After 15 days, meaning on the 16th day siya effective
needed
Rule - Applicable to central bank circular
Applicable to
Certain
Circulars but
not to All
Effectivity of - Aug 30, 1949 released , "circulation"
new civil code - Effective on aug 30, 1950
- Published vs circulate
- Publish is make known to the public
- If a piece of writing circulates or is circulated, copies of it are
passed round among a group of people.
- Ignorantia legis non excusat
• not only to law itself, but also to meaning, interpretation
Applicability - Domestic law - whether civil or penal
- Mandatory or prohibitive
Not - Permissive or suppletory
applicable • those which may be deviated from, if the individual so
desires.
- Ignorance of foreign law - not ignorance of law, but of fact
• Wharton
○ If the foreign law is not properly alleged and proved,
the presumption is that it is the same as our law
Ignorance of - No excuse in not complying with law
law
ignorance of - Eliminates criminal intent since no negligence
fact - Eg. Nagasawa after 10 years, believing the fact na patay na asawa
niya, so ignorance of fact.
- Honest mistakes
• Error in interpreting laws by a lawyer
• Belief that certain court had jurisdiction to grant absolute
divorce

4. Prospective and retroactive - In general, laws are prospective, not retroactive
application of laws
Art. 4. Laws shall have no
retroactive effect, unless the
contrary is provided.
5. Mandatory and directory
laws
Art. 5. Acts executed against
the provisions of mandatory
or prohibitory laws shall be
void, except when the law
itself authorizes their validity.
6. Waiver of rights
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.
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divorce
• Girl believing she is of certain age and got married when she
is several years younger
- Ignorance as basis of good faith
- Mistake on doubtful or difficult question
- Not excused but liability is mitigated.
- On part of judge.
- On part of sherrif
- While the judge looks backward, the legislator must look forward.
- While ignorance of the law does not serve as an excuse, such ignorance refers only
to laws that have already been enacted.
Article 3, SECTION 22. No ex post facto law or bill of attainder shall be
enacted.
- XPN
1. If laws themselves provide for retroactivity
○ Not ex post facto law - makes criminal punishable for an act done
before the passing of law
2. Laws are remedial in nature
a. No vested rights, so pending cases , applicable na
3. If penal in nature, provided
a. Favorable to accused
i. XPN - Habitual delinquent
4. Laws are of an emergency nature and authorized by police power
5. Curative - purpose is to cure errors or irregularities
6. If substantive right be declared for first time
- Gen,
- Mandatory or prohibitory are different from directory laws
- The latter does not result in invalid acts
- The former results to void.
Mandator - Penal , contractual laws
y - Positive - must be done
- Negative/prohibitory - should not be done
directory 1. Voidable
2. Act valid, but subjects the wrong doer
- Marriage is valid, but if you are already married,
then not
3. Law makes the act void, but recognizes some legal
effects flowing therefrom
4. Certain acts are generally void, but law makes it valid
- Lotto, horse races, gambling
- Requisites of valid waiver, otherwise void
1. Capacity to make the waiver - not minor, not insane
2. Waiver is made clearly, but not necessarily expressed
3. In certain instances, waiver must comply with the formalities of law
4. Person waiving must actually have the right - not future right
5. Waiver must not be contrary to law, morals, public policy
6. Waiver must not prejudice others with right recognized by law
- Types of Rights
• Personal - enforceable to against particular individual
• Real - enforceable against the whole world
- Definition of Rights - power of privilege given to one and demandable to
another

7. Repeal of laws
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.
8. Jurisprudence and duty of
the courts to decide
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another
Can be renounced - Support in arrears
- Right to prepare 2 days before trial
- Right to preliminary investigation
- Venue of actions
Cannot be renounced - Right to life
- Right to that do not yet exists
- Right that will prejudice 3rd person
- Right that will infringe public policy
Par 1 Sources - constitution, admin acts, pd, laws
How laws are repealed
1. Expressly
2. Impliedly - not favorable
Rules for general and special laws
1. If general law before special law
a. General - general rule
b. Special - exception to general rule
2. If general law after special law
a. General - general rule
b. Special - remains special unlesss
- Express declaration
- Clear, necessary and unreconcilable conflict
- Gen law covers whole subject and intend to replace
the special law
Effect if repealing law is itself repealed
a. Expressly repeals - prior law is generally not revived unless
provided
b. Impliedly repealed - prior law is revived
Unconstitutional law, treaty, admin/exec orders
1. 1935 constitution - (11 justices)
- Voting req to make unconstitutional
- Law or treaty - 3/4 of justices of sc
- Exec / admin - majority same
- Municipal ord - majority same
2. 1973 consti - chief justice + 14 associate justice = 15
- Law / treaty - 10
- Cases need to be heard en banc - 8
- Cases by division - 5
3. 1987 consti - same with 1973
- Cases on en banc - majority who actually took part in deliberations
- Cases by division - same, if not obtained then, en banc
Note:
- Non usage of law does not repeal a law
- Executive fiat (decree of the executive branch) - cannot
correct a mistake of law
Par 2 - Doctrine of constitutional supremacy
- Some Grounds on declaring law unconstitutional
• Enactment of law, not within legislative power
• Arbitrary method (sariling kagustuhan/ hindi makatwiran)
• Violative of the constitution
- Operative fact doctrine
- When legislative or executive act, is valid and must be
complied with, PRIOR to it being declared unconstitutional
Par 3 - Generally, court cannot disturb admin/exec orders
- Xpn, out of jurisdiction , or grave abuse of discretion
- Are judicial decision laws?
• NO, since it is the legislative body that can create laws, otherwise, it is
 the courts to decide
Art 8. Judicial decisions
applying or interpreting the
laws or the Constitution shall
form a part of the legal
system of the Philippines.
9. Customs contrary to public
order and proof
Art. 11. Customs which are
contrary to law, public order
or public policy shall not be
countenanced
Art 12.
A custom must be proved as a
fact, according to the rules of
evidence.
10. Computations of period
Art 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-
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• NO, since it is the legislative body that can create laws, otherwise, it is
contrary to principle of separation of powers.
- Decisions referred
• Decisions of the SC, court of last resort
• Subordinate courts have only persuasive in nature
• Ration decidendi are different from opinion(reason for the judgement)
Under the constitution
- "No decision shall be rendered by any court without expressing therein clearly and
distinctly the facts and the law on which it is based.’’
- “No petition for review or motion for reconsideration of a decision of the court shall be
refused due course or denied without stating the legal basis therefor
- Doctrine of stare decisis
• Let it stand , adherence to precedents
• Once a case has been decided one way, another case, involving exactly
the same point at issue, should be decided in the same manner.
• Xpn, however, if decided erroneously, it must be abandoned.
- Obiter Dicta
• Singular (dictum)
• Opinions not necessary to the determination of case,
• Not binding, cannot have force of judicial precedents.
• Uttered by the way, not upon the point of question pending
Art 11 - Custom defined
• Rule of human action(conduct)
• Established by repeated acts
• Uniformly observed or practiced in a society
- Requisites before courts can consider customs
• Must not be contrary to law
• Must be number of repeated acts
○ Must be uniformly performed
• Juridical intention to make a rule of social conduct
• Must be sufficient lapse of time
- Law distinguish from custom
law Written, consciously make and enacted by congress
-
Superior to custom
custom Unwritten, spontaneous and comes from society
Art 12 - Presumption of acting in accordance with custom
- Custom presumed non-existent
• When those that should have known the custom, do not know of
its existence
- Kinds of custom
1. General - custom of the place
a. Local vs general - local wins
2. either
a. Propter legem - in accordance with law
b. Contra legem - against the law
Par 1 If not specific
Then
Year - 365 days
Months - 30 days
Day - 24 hours
Night - sunset to sunrise
- Eg. Submission of pleading at 11:40 pm, by duly authorized
person, then valid, since day is composed of 24 hours.
- Mailed petition - day filed from the time of mailing ,

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.
11. Theories of territoriality
and generality
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.
12. Brief overview on Conflict a. National law
of Laws
- Public international b. Lex rei sitae
law
Art. 15.
Laws relating to family
c. Lex loci celebrationis
rights and duties or to the
status, condition and legal
capacity of persons are
binding upon citizens of the
Philippines, even though
living abroad.
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
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- Mailed petition - day filed from the time of mailing ,
○ Mail is an agent of the govnt
Par 2 If specific ang month -
Eg. Feb - 28 days, March - 31
Par 3 - First day - excluded
- Last day - included
• If Sunday or legal holiday
If ordinary Then Last day is Sunday or legal holiday
contract Since contract has the force of law bw
contracting parties
Period Then last day is the next day, provided it
prescribed by is neither Sunday or legal holiday
roc
- Article 2 of the revised penal code
• Any offense committed within our territory offends the state
• Any person, whether citizen or alien can be punished
○ Aliens owe some sort of allegiance even if it be temporary
- Xpn
- Art 14, principles of public int'l law
○ Eg. Immunities granted to diplomats, heads of state
- Treaty
 Insular Gov’t. v. Frank, 13 Phil. 239
 Testate Estate of Amos Bellis, et. al v. Edward Bellis,
G.R. No. L-23678, June 6, 1967
Art 15 - Status - sum total of a person’s rights, duties, and capacities
- National law
Scope
1. Family rights and duties
a. Parental authority , marital ,support
2. Status
3. Condition
4. Legal capacity
Applicability
- Conflicts rule
○ Stresses the principle of nationality, while some
stressed domicile
- Does art 15 apply to filipinos merely?
○ Yes - insofar as phil laws are concerned
○ No - in the sense that natls of other countries also
considered by us as being governed in matters of status
by their own national law
Capacity to enter into ordinary contract
- Governed by natl law of the person, not place
- (LEX LOCI CELEBRATIONIS)
Law of the place where the contract was entered into
 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)
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
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 by
determinations or
conventions agreed upon in
a foreign country. (11a)
13. Human Relations
Art. 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.
Art. 20.
Every person who, contrary
to law, willfully or
negligently causes damage
to another, shall indemnify
the latter for the same.
Art. 21.
Any person who willfully
causes loss or injury to
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○ Law of the place where the contract was entered into
Capacity under code of commerce
- Art 15, foreigners and companies created abroad may engage
in commerce in the phil, subject to laws of their country with
respect to their capacity to contract
Art 16 Conflicts rules on property
(LEX REI SITAE) both real and personal = par 1
- Law of the place where the property is situated
- Eg or personal - shares of stock, bank deposits
Xpn = par 2
- Involving the case of successional rights
○ Governed by nat'l law of deceased
- Applicable to properties in the phil only,
- Since theres the possibility of no-jurisdiction.
○ Eg. Filipino died in china, and has properties in china,
○ On his estate, must be included yung lands sa china,
but what if hindi I respect ng china and ganun, so wala
magawa, since lupa nila yun
- Renvoi problem
• Literally means - referring back
Art 17 Par 1 Doctrine of lex loci celebrationis
- Law of the place where the contract was entered
into shall govern.
- Xpn, if property - then lex rei sitae
Par 2 Rule of ex territoriality , exterritoriality
- Even if done abroad, but executed before phil
diplomatic and consular officials
- Phil laws are observed.
Par 3 Even if valid sa labas, but prohibited in the phil. Then
cannot be given effect
- eg. Absolute divorce granted to filipinos abroad
-
a. Indemnification of another due to illegal acts - art 20 and due to immoral
acts - art 21
b. Unjust enrichment - art 22
c. Thoughtless extravagance
d. Unfair competition - art 24
e. Independent civil actions
f. Prejudicial questions
 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.

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 the same to him.

Article 9
No judge or court shall decline to
render judgment by reason of the
silence, obscurity, or insufficiency of
the laws.
- Judge must give a decision won he know what law to apply
- Old civil code
• Apply general principles of law
- New civil code
• Apply any rule as long as in harmony with general interest, order,
morals, public policy
○ Eg. Foreign decisions on similar case
○ Rules of statutory construction

- In criminal cases
• Nullum crimen, nulla poena sine lege
• Dismiss the case
Article 10 - Dura lex sed lex
- In case of doubt the lawmaking body intended right and justice to prevail.
In case of doubt in the
interpretation or ap-
plication of laws, it is presumed
that the lawmaking body
intended right and justice to prevail

Art. 18. - Rules in case of conflict bween civil code and other laws
- Civil code shall only be suppletory, except otherwise provided
In matters which are governed by the - Generally ; Special laws prevails over civil code
Code of Commerce and special laws, - Civil code is superior
their deficiency shall be supplied by - Common carriers, insolvency
the provisions of this Code. (16a)

III. Persons 1. General Provisions

a. Juridical Capacity v. Capacity to Act
b. Natural Persons and Juridical Persons
2. Citizenship and Domicile
a. Natural-born Citizens
 Poe-Llamanzares v. COMELEC, G.R. No. 221697, March 08, 2016
b. Naturalized Citizens
c. Citizens by election
FAMILY CODE OF THE PHILIPPINES
(Executive Order No. 209, July 6, 1987, as amended by Executive Order no. 227, July 17, 1987)

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 (Executive Order No. 209, July 6, 1987, as amended by Executive Order no. 227, July 17, 1987)
IV. Marriage 1. Definition of marriage
 Wassmer v. Velez, G.R. No. L-20089 December 26, 1964
2. Essential requisites
 Bartolome v. Bartolome, G.R. No. L-23661, December 20, 1967
a. Legal Capacity
b. Consent
3. Formal requisites
a. Authority of the solemnizing officer
b. Marriage License
c. Marriage Ceremony
4. Marriages of exceptional character

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