Notes

Persons.
Art. 1-51 1

Republic Act No. 386
An Act to Ordain and Institute the Civil Code of the Philippines

PRELIMINARY TITLE
Chapter 1
Effect and Application of Laws

Art. 1. This Act shall be known as the Civil Code of the Philippines.
Civil Code, defined

A civil code has been defined as a collection of laws which regulate the private relations of the members of civil society,
determining their respective rights and obligations, with reference to persons, things, and civil acts.
Civil Code vs Civil Law

While most of our civil laws are found in the Civil Code, still the Civil Code is not the only place where we can find our civil
laws. A civil code is a compilation of existing civil laws, scientifically arranged into books, titles, chapters, and sub-heads and
promulgated by legislative authority. The Civil Code is not the only repository of our civil laws. We have many civil laws like the
Child and Youth Welfare Code, the Family Code, the Domestic Adoption Act of 1998, Inter-Country Adoption Law which are not
found in the Civil Code. The Civil Law is wider in concept than the Civil Code. The Civil Code is part of the Civil Law, but not all civil
laws are part of the Civil Code.
Civil law is the mass of precepts that determine and regulate the relations that exist between members of a society for
the protection of private interests. It is the branch of the law that generally treats of the personal and family relations of an
individual, his property and successional rights, and the effects of his obligation and contracts.
Important Numbers
August 30, 1950 the Code took effect
2,270 NCC is composed of this many articles
43% - of the 2270 articles are new provisions
[Note] In the case of Lara vs Del Rosario, the Supreme Court made an obiter dictum that the Civil Code took effect on
August 30, 1950. This date is exactly one year after the Official Gazette was released for circulation the Code on August 30, 1949.
The Code however was published in the June 1949 issue of the Official Gazette and since the law fixed that the date of issue of the
Official Gazette, it is conclusively presumed to be published on the date indicated therein as the date of issue. Paras submits that
while it is no doubt desirable that the date of issue should be the same as the date of circulation, still no amount of judicial
legislation can or should outweigh the express provision of the Revised Administrative Code. Dura lex sed lex.
Brief History
Prior to the present Civil Code, our civil law was premised principally on the old Civil Code, or the Civil Code of 1889 which
was patterned after the Code Napoleon.
The old Civil Code was largely based on the following: common law of castilla, opinions of jurisconsults on spanish civil
laws and foreign laws such as the French Civil Code (Napoleonic Code)
Prior to the 1889 Civil Code of Span, our civil law was found in the Recopilacion de las Leyes de las Indias with the
following as supplemental laws: (1) the latest Spanish laws enacted for the colonies; (2) La Novisima Recopilacion; (3) La
Nueva Recopilacion; (4) the Royal Ordinances of Castille; (5) Leyes de Toro (Laws of Toro); and the (6) Siete Partidas.
Code Commission
The Code Commission was created by Executive Order No. 48 by President Manuel Roxas to meet the need for
immediate revision of all existing substantive laws of the Philippines and of codifying them in conformity with the customs,
traditions and idiosyncracies of the Filipino people and with modern trends in legislation and the progressive principles of law.
Four Original Members

1. Dean Jorge Bocobo chairman
2. Judge Guillermo Guevara
3. Dean Pedro Ylagan
4. Dean Francisco Capistrano
Other members
1. Arturo M. Tolentino but he resigned after he was elected Congressman;
2. Dr. Carmelino Alvendia, substituted Tolentino. He later became Associate Justice of the CA.
Sources of the New Civil Code

1. Spanish Civil Code of 1889
2. Foreign laws such as the civil codes of Argentina, England, France, Germany, Italy, Mexico, etc.
3. Foreign judicial decisions, comments and treatises
4. Doctrinal decision of the Philippine Supreme Court

Persons. Art. 1-51 2

5. Philippine Laws such as the Marriage Law, Divorce Law and the Rules of Court
6. 1935 Constitution of the Philippines
7. Report of the Code Commission
8. Filipino customs and traditions
Civil Code Divided into Four Books

1. Book I Persons
2. Book II Property, Ownership and its Modifications
3. Book III Different Modes of Acquiring Ownership
4. Book IV Obligations and Contracts
Language
The New Civil Code was drafted and approved in the English language. In interpreting its provisions, the English text shall
prevail over any translation, including any Spanish translation.
Need for a Preliminary Title

The preliminary title sets for the general principles of the Civil Code.
Art. 2. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, or in a
newspaper of general circulation, unless it is otherwise provided. This Code shall take effect one year after such publication. (As
amended by Executive Order No. 200 dated 18 June 1987)

Scope of the Article on Effectivity of Laws
This Article provides for the effectivity of two kinds of law, namely:
a. An ordinary law, which includes:

1. Statutes
2. Executive Orders
3. Administrative Rules
4. Certain Circulars
[Note] If it has the force and effect of law or its purpose is to enforce or implement existing law pursuant to a valid
delegation, then it should be published. The fact that the circular is PUNITIVE in character is the principal reason why
publication should be made. Punitive means that it imposes a certain penalty or sanction. No publication is required of
letters of instructions merely internal in nature, that is, regulating only the personnel of the administrative agency. (See
Tanada vs Tuvera)
b. The Civil Code
Publication through newspaper now allowed

Under the new amendment, publication may now be made through newspapers of general circulation. The official gazette
is not an adequate medium in the publication of laws, executive orders, circulars and notices in a country of more than 7,100
islands.
Newspaper of General Circulation

A newspaper is considered of general circulation if:
its circulation is made within the courts jurisdiction;
published at regular intervals for the dissemination of local news and general information;
with bona fide subscription list of paying subscribers; and
if it is not devoted to the interest or published for the entertainment of a particular class, profession, trade, calling, race
or religious denomination. (See Basa vs Mercado)
When do laws become effective?

The effectivity of a law will depend on whether or not it has provided a specific date for its effectivity. If there is no date
specified for its effectivity, the law becomes effective after fifteen days following the completion of its publication in the Official
Gazette or newspaper of general circulation.
This means:
Law has no date of effectivity = Will be effective 15 days after the completion of its publication.
Ex. Published on August 1, 2010, a law will take effect on August 16,
2010
Law has date of effectivity (i.e. after one = Will be effective only upon the lapse of said period following its
year, or 10 days) complete publication and not before.


Ex. Published on August 1, 2010, will take effect one year after
publication so it will take effect on August 1, 2011.
Published on August 1, 2010, will take effect 10 days after

publication so it will take effect on August 11, 2010.
Law provides that it is effective = Will be effective upon its publication and not immediately after
immediately signing by the President.
Ex. President signs law effective immediately on July 30, 2010. The
law is published on August 1, 2010. It took effect on August 1, 2010
and not on July 30, 2010.
Publication must be complete

Unless the publication of the law is full or complete, there is no publication to be considered at all since its purpose is to
inform the public of the full contents of the law. The mere mention of the number of the law, its title, the supposed date of its
effectivity and its whereabouts is not even substantial compliance.
Cases
Tanada vs Tavera
Basa
Pesigan
Que Po Lay
Art. 3. Ignorance of the law excuses no one from compliance therewith.

Ignorance, defined
Ignorance means want or absence of knowledge. It is the state of being unaware or uninformed of something or act
under consideration.
Ignorance of law vs Ignorance of fact

Ignorance of law is want of knowledge or acquaintance with the laws of the land insofar as they apply to the act, relation,
duty or matter under consideration. Ignorance of fact is want of knowledge of some fact or facts constituting or relating to the
subject matter in hand. It excuses or is a ground for relief.
Ignorance of the law excuses no one from compliance thereof. Ignorantia juris non excusat. But ignorance of fact may
excuse a party from the legal consequences of his conduct. Ignorantis facti excusat.
Rationale
It cannot be disputed that in reality, no person can be fully aware of the existence of all the laws. Not even lawyers could
be fully knowledgeable of all the laws. Yet, all persons are conclusively presumed to know the laws as long as the laws had been
duly promulgated. The rule is intended to prevent evasion of the law for to remove the said principle, violators of rights or criminals
will have their feast in the midst of their violations and crimes simply by claiming or feigning ignorance of the law. Justice will be
easily frustrated if parties could successfully plead ignorance of the law and escape the legal consequences of their acts or be
excused from the nonfullfilment of their obligations.
Art. 3 is a legal consequence

Art 3 is a necessary consequence of the mandatory provision that all laws must be published. Without such notice and
publication, there will be no basis for the application of the maxim ignorantia juris non excusat. It would be the height of injustice
to punish or otherwise burden a citizen for a transgression of a law of which he had no notice whatsoever, not even a constructive
one. (Tanada vs Tuvera)
The rule may be relaxed when

When there is a mistake on a doubtful question of law, or on the construction or application of law, this is
analogous to a mistake of fact. When even the highest courts are sometimes divided upon difficult legal
questions, and when one-half of the lawyers in all controversies on a legal question are wrong, why should a
layman be held accountable for his honest mistake on a doubtful legal issue. (Code Commission, p. 136)
Rule should not be applied with equal force to minors who, due to their lack of intelligence, should be treated
differently. (People vs. Navarro)
A lawyer should not be disbarred for having committed an honest mistake or error of law. (In re Filart)
Rule applies only to Domestic Law, not Foreign laws

Ignorance of foreign laws is not a mistake of the law but a mistake of fact because foreign laws must be alleged and
proved, as matters of fact for our courts do not take judicial notice of foreign laws. The existence of foreign laws must be pleaded
and proved as matters of fact.


Processual Presumption, Concept
A foreign law is a matter of fact which must be proven with evidence. In the absence of any contrary evidence, it is
presumed to be the same as our domestic law.
As such, a marriage in China celebrated before a village leader, unless there is proof that indeed in China and according
to Chinese laws such marriage is valid, it will be assumed that the law on marriage of China is the same as the law on marriage of
the Philippines and since our laws do not recognize a village leader as one who has authority to solemnize marriage, then the
marriage is void. (Yiu vs Vivo)
Cases
Art. 4. Laws shall have no retroactive effect, unless the contrary is provided.

Prospectivity, the General Rule
The general rule on the effectivity of laws is that laws operate prospectively. Laws look at the future. Lex prospicit, non
respicit.
If laws were retroactive, grave injuries would occur for these laws would punish individuals for violations of law not yet
enacted. While ignorance of the law does not serve as an excuse, such ignorance refers only to laws that have already been
enacted.
Statutes have only a prospective operation unless the intention to give them a retrospective effect is expressly declared or
is necessarily implied from the language used. If there is doubt, the doubt must be resolved against retrospectivity.
Retrospectivity, Concept
There is retroactivity when a law is made applicable to situations or acts already done before the passage of the said law.
A retroactive law creates a new obligation, imposes a new duty or attaches a new disability in respect to a transaction
already past. A
Reason behind rule against retroactivity

The rule against retroactivity is intended to protect vested rights.
Statutes which may be exempt

Subject to constitutional limitations, Congress may give retroactive effect to certain laws:
1. Remedial laws which provide for the methods of enforcing rights or obtaining redress for their violation.
2. Penal laws favorable to the accused
3. Curative laws are laws intended to correct errors or irregularities incurred in judicial or administrative proceedings.
4. Emergency laws laws intended to meet exigencies.
5. Laws creating new rights
6. Tax laws
Rule on Prospectivity applies to Judicial Decisions

The rule on prospective application of laws applies to judge-made laws or judicial decisions. Judicial decisions are not
laws in themselves, they are however evidences of what the law means.
Cases
Art. 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself
authorizes their validity.

Mandatory and prohibitory laws, concept
A mandatory provision in a statute is one, the omission to follow which, renders the proceedings to which it relates void
while a directory provision is one the observance of which is not necessary to the validity of the proceedings. It is said that when
the provision of the statute is the essence of the thing required to be done, it is mandatory; otherwise, when it relates to form and
manner, and where an act is incidental, or after jurisdiction acquired, it is merely directory.
A mandatory provision is one which must be observed, as distinguished from directory provision, which leaves it
optional with the department or officer to which it is addressed to obey it or not. These are characterized by such directives as
shall and not may.
Kinds of mandatory legislation

a. Positive when something must be done
b. Negative or Prohibitory when something should not be done.
Violation of Mandatory and Prohibitory laws, Effect

The violation of such laws renders the act void.
Instances of Mandatory Provisions

1. Art. 739 prohibiting the making of donations to certain persons;


2. Art. 749 mandating that a donation of an immovable property must be in a public instrument;
3. Art. 804 requiring that a will be in writing
4. Art. 818 prohibiting the making of a joint will by two or more persons
5. Art. 1287 declaring compensation as not proper in deposit
6. Art. 2012 disqualifying certain persons to become beneficiaries in life insurance policies.
Violation of Directory Laws, effect

The violation of such law does not render the act void or illegal.
Exceptions to Effect of Violation of Mandatory Law

Although in general, violations of mandatory or prohibitory laws result in void acts or contracts, in some instances, the
law itself authorizes their validity. Among these instances are:
1. When the law makes the act not void but merely voidable.
2. When the law makes the act valid but subjects the wrongdoer to criminal responsibility
3. When the law makes the act itself void, but recognizes some legal effects flowing thereform.
4. When the law itself makes certain acts valid although generally they would have been void.
Four Ways of Validating an Act or Contract Contrary to Mandatory Law

The law may validate an act or contract which is contrary to law in either of four ways:
1. By expressly validating the contract.
2. By making the invalidity to depend on the will of the injured party, such as voidable or annullable contracts;
3. By punishing it criminally but validating the act
4. By invalidating the act but recognizing the legal effects flowing therefrom.
Cases
Ramos vs Hijos dela Rama
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.

Right, defined
A right is a legally enforeceable claim of one person against another, that the other shall do a given act, or shall not do a
given act. Right is a power, privilege, or immunity guaranteed under a constitution, statutes or decisional laws, or claimed as a
result of long usage.
Right distinguished from Duty

A right need not be exercised, it might even be waived. A duty however must be performed, and one who does not
discharge the same must necessarily be prepared to face the consequence of his dereliction or omission.
General Classifications of Rights

As to clarity,
1. Perfect when the scope is clear, settled and determinate.
2. Imperfect when the scope is vague and unfixed.
As to passive subject of the right,

1. In personam one which imposes an obligation on a definite person.
2. In rem one which imposes an obligation on persons generally or in general, i.e. either on all the world or on all the
world except certain determinate persons.
Rights as Classified Under the Constitution

1. Natural rights are those which grow out of the nature of man and depend upon personality, as distinguished from
such as are created by law and depend upon civilized society; or they are those which are plainly assured by natural
law
2. Civil rights are such as belong to every citizen of the state or country and are not connected with the organization
or administration of government. They include the rights of property, marriage, equal protection of the laws,
freedom of contract, etc. It is basically the rights appertaining to a person by virtue of his citizenship in a state or
community.
3. Political rights the power to participate, directly or indirectly, in the establishment or administration of government,
such as the right of citizenship, that of suffrage, the right to hold public office, etc.
Waiver, meaning
Waiver is the intentional or voluntary relinquishment of a known right. It can be express or implied. Waivers are not
presumed but must be clearly and convincingly shown, either by express stipulation or acts admitting no other explanation.
Coverage of waiver


The principle of waiver is generally applicable to all rights and privileges to which a person is legally entitled, whether
secured by contract, conferred by statute, or guaranteed by the Constitution, provided such rights and privileges rest in the
individual and are intended for his sole benefit. Thus a person may waive:
Rights guaranteed by the constitution
Consent to action which would be invalid if taken against his will
Rights granted by executive orders of a general character
Fundamental rights like the right to counsel, the right to remain silent, the statutory right to preliminary investigation,
right to bail as well as ordinary private rights
Unwaivable Rights
These are rights which a person may not waive, and any attempt at waiver is void and illegal. Instances of unwaivable
rights are the right to live and right to future support.
Waiver of waivable rights

Waiver of waivable rights, the waiver will be void if:
1. The waiver is contrary to law, public order, public policy, morals or good customs.
2. The waiver is prejudicial to a third person with a right recognized by law.
Requirements for a Valid Waiver

1. The waiving party must actually have the right he is renouncing. (One cannot waive what he does not have,
possessed or owned at the time of the waiver.)
2. He must have the full capacity to make the waiver. (If incapacitated, the waiver is defective for lack of free consent).
3. The waiver must be clear and unequivocal. (As a waiver is deprivation of right, it must not be favored in case of
doubt).
4. The waiver must not be contrary to law, public order, public policy, morals or good customs or prejudicial to a third
person with a right recognized by law.
5. When formalities are required as in the cases of an express condonation of a debt [mandating the formalities of a
donation] the formalities must be complied with. (Formalities are requirements for the validity of the act.
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.

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

No human positive law is perpetually permanent. Laws are subject to repeal, self-cancelation due to the lapse of their
period of effectivity or declaration of nullity due to unconstitutionality.
Kinds of repeal
1. Express when the repealing law provides for a provision or a repealing clause explicitly stating that a particular
existing law or part of a law is thereby repealed.
2. Implied when there is no repealing clause in the repealing law, but the prior law and the subsequent law could not
reconcile being substantially inconsistent with one another.
[Note] If both statutes can reasonably stand together, there is no repeal. Implied repeal is not looked upon with favor
because it rests only on presumption that there is an intention to repeal.
Rules in Repeal of Law

1. If two laws could stand together, there is no repeal. If they could not, there is an implied repeal.
2. If both laws are of the same category and they cover the same subject matter, that which is later in point of time
prevails over the prior one. This is because the later law manifests the legislators latest intention on the subject
matter.
3. If between a general and special:
a. If the general law was enacted prior to the special law, the special law is considered the exception to the
general law. The general law remains a good law, and therefore there is no repeal except insofar as the
exception or special law is concerned.
b. If the general law was enacted after the special law, the special law remains unless
1. there is an express declaration to the contrary.
2. There is a clear, necessary and unreconcilable conflict.


3. The subsequent general law covers the whole subject and is clearly intended to replace the
special law on the matter.
Laws Conditions Rule

1. Old Law + New Law a. if can stand together No repeal.
b. if cant stand together Implied repeal
2. Old Law + New Law Both of the same category and cover Old law is repealed, new law prevails.
the same subject, i.e. special law +
special law or general law + general
law.
3. General Law vs Special Law a. general law enacted prior to Special law is the exception to the
special law general law. General law remains valid
except for the provisions repealed by
special law.
b. special law is enacted prior to Special law remain valid unless:

general law a. there was an express repeal.
b. There is clear, unreconcilable
difference.
c. The subsequent general law
covers the whole subject.
Revival of a Repealed Law, Conditions

A repealed law, may or may not be revived, when the repealing law which repealed it is itself repealed. The revival
however depends on the manner of how the first law was repealed:
a. if the first law is repealed by implication by the second law, and the second law is itself repealed by the third law,
the first law is revived unless otherwise provided in the third law.
b. If the first law is repealed expressly by the second law, and the second law is repealed by third law, the first law is
not revived, unless expressly so provided.
General Rule: In case of implied repeal, there is revival and in case of express repeal, there is no revival.
Exception: If the contrary is provided.
Self-Lapsing Law
There are laws which provide for their limited application. Once the period for their effectivity lapses, the self-lapsing laws
automatically become ineffective without any need of further legislative action. Examples: (1) House Rental Law, (2) Emergency
Powers granted to the President, (3) Annual appropriations act; and (4) Import Control Law.
Supremacy of the Constitution Over All Laws

The Constitution is the highest law of the land to which all other laws must abide, otherwise, they will be void for being
unconstitutional.
Some grounds for declaring a law unconstitutional

(a) the enactment of the law may not be within the legislative powers of the lawmaking body.
(b) Arbitrary methods may have been established.
(c) Purpose or effect violates the Constitution or its basic principles
How to attack the Constitutionality of a Law

Until a law has been declared void by a competent authority, it remains valid and effective. The Supreme Court is
empowered by the Constitution to declare the unconstitutionality of a law and the vote required is majority of the Justices who
actually took part in the deliberations on the issues in the case.
The constitutionality of a law may not be attacked collaterally and shall be deemed valid unless declared null and void by
competent authority.
Effect of an Unconstitutional Law

Although an unconstitutional law confers no right, creates no office, affords no protection and justifies no acts performed
under it, there are instances when the operation and effects of the declaration of its unconstitutionality may be relaxed or qualified
because of the actual existence of the law prior to such declaration is an operative fact.
Operative Fact Doctrine

This is when a legislative or executive act, prior to its being declared as unconstitutional by the courts, is valid and must
be complied with. (Chavez vs NHA)
Cases
In re Cunanan


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

Judicial decisions are not law, but have the force and effect of laws
Judicial decisions are not law. Although not law, the decisions of the Supreme Court applying or interpreting the laws or
the Constitution form part of the legal system in the country. They have the force and effect of laws as they assume the same
authority as the statutes themselves because they, to the extent that they are applicable, become the criteria for the actions of the
governed and those bound by law. Legis interpretatio legis vim obtinet (the interpretation placed upon the written law by a
competent court has the force of law).
Jurisprudence
These are doctrines formulated by the decisions of the Supreme Court. These doctrines amplify and supplement the
written law.
[Note] Only judicial decisions of the Supreme Court are referred to in Art. 8. This is because 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. It is the duty of the judges to apply the law as interpreted by the Supreme Court.
However, decisions of the Court of Appeals which cover points of law still undecided in the Philippines may still serve as
judicial guides to the lower courts. They shall attain the status of doctrines if the Supreme Court should find the same to merits.
Decisions of lower courts (RTC, MTCS) no matter how sound and wise do not become part of jurisprudence. They cannot
be cited as authorities.
Constitutional Requirements for Validity of Decisions

Art. VIII, Sec 14 of the 1987 Constitution provides that No decision shall be rendered by any court without expressing
therein clearly and distinctly the facts and the law on which it is based.
Stare Decisis, Doctrine

The doctrine of stare decisis (et non queita movere) refers to the principle of adherence to precedents for reasons of
stability in the law. The doctrine requires lower courts to follow the rules established in prevailing decisions of the Supreme Court.
The doctrine is based on the principle that once a question of law has been decided in one case, any other case, involving
the same issues, must be resolved in accordance with the preceding decisions. Stability is thus achieved in the process of decision-
making and cases shall not be decided based on the caprices and moods of judges.
Limitation to the Doctrine of Stare Decisis

Although the doctrine of stare decisis is a sound doctrine, it does not mean blind adherence to precedents. There are
certain exceptions when it must be softened. Thus, if a rule which has been followed as precedent is found contrary to law, it must
be abandoned. The law is higher than a precedent. The precedent may also be abandoned if it has ceased to be beneficial and
useful to society in the light of the changing conditions.
Citation of Abandoned Decisions, Unethical

It is unethical for lawyers to cite as authorities decisions which have already been overruled and no longer controlling.
(Canon 22, Code of Professional Ethics)
Obiter Dictum, concept

Is an opinion expressed by a court upon some question of law which is not necessary to the decision of the case before
it. It is a remark made or opinion expressed by a judge that is incidentally or collaterally and not directly upon the question before
him.
When a matter has been clearly questioned or raised as an issue and the same was touched in the decision when a
conclusion was presumed, the adjudication cannot be considered an obiter dictum but a factual finding. (See Villanueva vs CA)
How judicial decisions may be abrograted

(a) by contrary ruling of the Supreme Court itself.
(b) By corrective legislative acts of congress, although said laws cannot adversely affect those favored prior to Supreme
Court decisions.
Opinions of Secretary of Justice or Other Executive Officials

The executive interpretation of legislative acts, although not law, carries great weight.
Cases
Floresca vs Philex Mining

Judicial decisions of the Supreme Court assume the same authority as the statute itself. Art. 8 of the Civil Code tells us that judicial
decisions that apply or interpret the laws or the Constitution form part of our legal system. These decisions, although in themselves
are not laws, are evidence of what the law means. The application or interpretation placed by the Court upon a law is part of the
law as of the date of its enactment since the Courts application or interpretation merely establishes the contemporaneous
legislative intent that the construed law purports to carry into effect.


Art. 9. No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws.

Duty of a Judge if the Law is Silent
A judge must give a decision, whether he knows what law to apply or not. Thus, even if a judge does not know the rules
of cockfighting, he must still decide the case. (Chua Jan vs Bernas)
Filling Gaps in the Law Authorized, Limitations

When situations arise where cases are brought before the court and there is no law exactly applicable to them, or it is
obscure or vague and insufficient, the judge is nevertheless enjoined to render a decision. He shall not abstain or decline in
adjudging the case. (Chua Jan vs Bernas). Under Art. 9, the judge is somehow forced to legislate in a loose sense or to fill the
existing vacuum in obscure or insufficient laws.
Guidelines in Rendering Decision under Art. 9

Unlike the Old Code, Art. 9 is silent as to how decisions under Art. 9 should be rendered. The provision in the old code
was not re-produced to obviously give more freedom and elbow room to find other factors where to base and anchor his decision.
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. Aside from customs and general principles of law, the judge may use:
(1) decisions of foreign and local courts on similar cases
(2) opinions of highly qualified writers and professors
(3) rules of statutory construction
(4) principles laid down in analogous cases.
* the provision of another law governing another matter may be applied where the underlying principle or
reason is the same. Ubi cadem ratio ibi eadem disposito. Where there is the same reason, there is the same law.
Applicability of Art. 9
Article 9 is not applicable to criminal cases because of the basic principle of nullum crimen nulla poena sine lege which
means that when there is no law punishing the act, there is no crime. The dismissal of the case is mandatory because conviction is
inconceivable.
[Note] Paras submits that in a way, yes. The act of the judge in dismissing the case is equivalent to a judicial acquittal.
Art. 10. In case of doubt in the interpretation or application of laws, it is to be presumed that the lawmaking body intended
right and justice to prevail.

Dura Lex Sed Lex
The law may be harsh but it is still the law. Hence, the first duty of the judge is to apply the law whether it be wise or
not, whether it be just or unjust provided that the law is clear, and there is no doubt. Courts are referred to as courts of law, not
courts of justice.
In case of Doubt
In case of doubt, the judge should presume that the lawmaking body intended right and justice to prevail. It has been
said that we should interpret not by the letter that killeth, but by the spirit that giveth life. Equity is justice sweetened with mercy.
Reason behind the Article

The Code Commission found it necessary to embody Art. 10 in the Code so that it may tip the scales in favor of right and
justice when the law is doubtful or obscure. It will strengthen the determination of the courts to avoid an injustice which may
apparently be authorized by some way of interpreting the law.
Some rules of statutory construction

1. When a law has been clearly worded, there is no room for interpretation. There is only room for application.
2. A law should be interpreted not by the letter that killeth but by the spirit that giveth life.
3. When the reason for the law ceases, the law itself ceases. Cessante ratione cessat ipsa lex.
4. Criminal laws and tax laws should be interpreted strictly against the state.
5. Equity follows the law.
Art. 11. Customs which are contrary to law, public order or public policy shall not be countenanced.
Art. 12. Customs must be proved as a fact, according to the rules of evidence.

Customs, defined
A custom is a rule of human action established by repeated acts, and uniformly observed or practiced as a rule of society.
Custom vs Usage
Usage is a repetition of acts, and differs from custom in that the latter is the law or general rule which arises from such
repetition. While there may be usage without custom, there cannot be a custom without a usage accompanying or preceding it.


Custom vs Law
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.
Customs cannot Supplant Laws

Court is duty-bound to resolve the instant case applying the law and is unable to supplant governing laws with customs,
no matter how widely observed it is.
Requisites before the Courts can Consider Customs

(1) A custom must be proved as a fact, according to the rules of evidence; otherwise, the custom cannot be considered
as a source of right.
(2) Custom must not be contrary to law (contra legem), public order, or public policy.
(3) There must be a number of repeated acts.
(4) The repeated acts must be uniformly practice/performed by the great mass of the social group
(5) There must be juridical intention to make it a rule of social conduct or the community accepts it as a proper way of
acting such that it is considered obligatory upon all
(6) There must be sufficient lapse of time or the practice has been going on for a long period of time.
Kinds of Customs
(1) General Customs prevailing throughout a country and become a law of that country, and their existence is to be
determined by the court.
(2) Local customs are such as prevailing only in some particular district or locality
(3) Particular customs are nearly the same, being such as affects only the inhabitants of some particular district.
According to Paras:
(1) General custom custom of a country
(2) Custom propter legem a custom in accordance with law
(3) Custom contra legem a custom against the law
(4) Custom extra legem which may constitute sources of supplementary law, in default of specific legislation on the
matter.
No judicial notice of customs, exception

Custom must be proved as fact, and to do that, it must be alleged in the pleadings. Its existence must be proved by
evidence, either through testimony or by documents recognizing its existence and its observance for a long period of time.
A court may take exception to this rule when there is already a decision rendered by the same court recognizing the
custom, specially if the decision had already been affirmed on appeal and the decision is already final and executory. Judicial notice
may also be taken of a custom which is of public knowledge.
General Principles of Law, Concept

According to Valverde and Sanchez Roman, the general principles of law consists of the universal juridical standards
dictated by correct reason or those principles of justice beyond the variability and uncertainty of facts, those high standards which
serve as a foundation to positive law, those rules accepted by jurisconsults which constitute real axioms for all those who intervene
in juridical life and which form a law superior to what is enacted.
According to Manresa, the general principles of law are the principles which serve as basis for positive law in each
country.
In the Philippines, the law is necessarily supreme to the general principles of law. If there is a conflict between the two,
the law prevails. The general principles of law which are unwritten rules anchored on mans sense of justice and equity cannot
stand superior to the written law which is equally anchored on the legislators sense of justice and equity. On the first, there is the
great possibility of doubt; on the second, there is little space for doubt.
Art. 13. When the law speaks of years, months, days and nights, it shall be understood that years are 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.

Examples of How Periods are Computed
(a) 10 months = 300 days
(b) 1 year = 365 days
(c) March = 31 days
(d) One week = seven successive days
[Note] Any year is a leap year if it is exactly divisible by four. In the case of a century year, the same must be divisible by
four hundred.


Month contemplated, legal month
The Civil Code provision cannot be construed to refer to the calendar month, but to the legal month of thirty days
created by law.
Calendar month vs Legal Month

The general rule is that when months are not designated by name, a month is understood to be only 30 days.
Exclude the First and Include the Last Day Rule

This rule is based on American legislation, the reason behind is that if the first day is not excluded, then that first day
would be less than 24 hours and would run in conflict with the law which provides that a day has twenty-four hours.
[Note] The article does not contain the exception referring to Sundays and legal holidays mentioned in the Rules of Court.
The Rules of Court however, applies only to a period of time prescribed or allowed by the Rules of Court, by order of a court or any
applicable statute, it seems logical that when the act and the period are contractual, not required by law, court order, or rule of
court, the exception referring to Sundays and holidays does not apply, and the act must be done on the last day, even if the latter
should be a Sunday or a holiday.
Computation of Period when Last Day Falls on a Sunday or Holiday

As to whether the Sunday or holiday shall be included in the computation will depend on the nature of the act to be
performed or done:
1. If the act to be performed within the period is prescribed or allowed (a) by the Rules of Court, (b) by an order of the
Court, (c) by any other applicable statute, the Sunday or holiday will not be considered as the last day. The last day
will automatically be the next working day. The period is intended. (Gonzaga vs Ce David)
2. If the act to be performed within the period arises from a contractual relationship, the act will become due
nothwithstanding the fact that the last day falls on a Sunday or holiday. The period is not extended. This is because
the contract is the law between the parties. (Art. 1159, NCC)
Rule of Next Working Day does not Apply to Public Sales/ Foreclosures of Mortgages not to Trial Dates Fixed by Court
If the date fixed by the sheriff or notary public for the auction sale of properties is declared a holiday, the sale is not
automatically moved to the next working day. There is a need for the republication of the notice of public auction sale or
foreclosure.
If the date for the trial of a case has been declared a holiday, the trial is not automatically transferred to the next working
day. The next working day rule applies only to periods fixed by law or by the Rules of court.
Meaning of Day Applied to the Filing of Pleadings

If the last day for submitting a pleading is today, and at 11:40 pm (after office hours) today it is filed, the Supreme Court
has held that it is properly filed on time because a day consists of 24 hours.
When is Mailed Petition Considered Filed/ Rule on the Filing of Pleadings through the Post Office
The petition is considered filed from the time of mailing. This is because the practice in our courts is to consider the mail
as an agent of the government, so that the date of mailing has always been considered as the date of filing.
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.

Rationale
Generally, our civil laws do not apply to aliens who are governed by their national law. However, our penal laws equally
apply to aliens who live or sojourn in the Philippines based on the principle that during their stay, they owe allegiance to the
country though temporary in nature. This Article underlines the principle of territoriality under which any offense committed by
anyone within the territory of the country is an offense against the State. And the sovereign State has the power to prosecute and
punish the offender, be he a national or a foreigner.
Exceptions
The law provides two exceptions:
1. Those, who under principles of public international law enjoy diplomatic immunities from suit such as heads of
states, foreign ambassadors or diplomats, provided they do not travel incognito.
2. Those expressly excluded from our jurisdiction due to treaty stipulations such as American citizens mentioned in the
Philippines-United States Military Bases Agreement
[Note] A consul is not entitled to the privileges and immunities of an ambassador. He is subject to the rules and
regulations of the country to which he is accredited.
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.

Family Rights and Duties


These refer to rights and duties provided in the Family Code and other special laws relating to family law. Thus matters
relating to marriage, its annulment or nullification, its consequences, legal separation, property relations, support, adoption, filiation,
recognition, succession, emancipation, parental authority are governed exclusively by Philippine law, wherever the citizen may be.
[Note] A former Filipino is no longer bound by Philippine personal laws after he acquires another states citizenship.
Status, defined
Status is a term used to designate the circumstances affecting the legal situation (sum total of capacities and incapacities)
of a person in view of his age, nation and his family membership.
Condition, defined
It is a mode or state of being; state or situation; essential quality, status or rank.
Legal Capacity
The legal power to enter into binding obligations or to enjoy the privileges of legal status.
Testamentary capacity is the capacity to make a legally effective will
Contractual capacity is the capacity to make legally binding contracts
Marital capacity is the capacity to enter into a valid marriage
Nationality Rule/Citizenship Theory

The national law of the person is applied in matters involving personal relations.
Domiciliary/Territoriality Principle or Theory

The law of the domicile is applied on matters involving personal relations, followed in the US and Great Britain.
Capacity to Enter Into Ordinary Contract

The capacity to enter into ordinary contract is governed by the national law of the person, and not by the law of the place
where the contract was entered into.
[Note] Paras submits that the Supreme Court erroneously held that Frank, in Govt v Frank had legal capacity to enter
into contract because of the law of the place where the contract was entered into. It should have been valid because the Philippines
follows the nationality principle. It is immaterial in this case as Franks national law and the law of the place where the contract was
made is the same. It would have been a different matter altogether if the contract had been entered into by Frank in the Philippines
for under the lex loci celebrationis rule, the same would have been invalid.
However, Pineda submits that the pertinent article in this case is Art. 17.
Capacity under Code of Commerce

Art. 15 of the Code of Commerce says that foreigners and companies created abroad may engage in commerce in the
Philippines subject to the laws of their country with respect to their capacity to enter to contract.
Cases
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 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 where said property
may be found.

Lex Situs or Lex Rei Sitae, Doctrine
This is the principle which provides that property shall be governed by the law of the place where it is situated. It
generally applies to lands and immovables in transactions like sale, lease, barter mortgage or any other form of alienation of
property.
Mobilia Sequuntur Personam

This means that movables follow the owner. This rule has been changed to lex situs or lex rei sitae which means that
property is governed by the law of the place where it is situated.
Applications of the Doctrine of Lex Rei Sitae

Shares of stocks of a foreigner, even if personal property, can be taxed in the Philippines so long as the property is
located in this country. Bank deposits in the Philippines even if belonging to a foreigner may be the subject of attachment
proceedings. Taxes may be imposed on dividends from shares in a gas corporation situated in the Philippines even if the
stockholders do not reside here.
Exceptions to the Lex Situs or Lex Rei Sitae Rule


The second paragraph of Art. 16 provides the exceptions to the lex situs rule. They refer to incidents of succession
whether testamentary or intestate. These incidents are governed by the national law of the decdent, irrespective of the nature of
the property involved and regardless of the country wherein said property may be found:
1. Order of Succession question of preference of succession. Ex. The nearest heirs exclude the farthest heirs from the
succession.
2. Amount of Successional rights amount which heirs should receive from the inheritance. Ex. Legitimate and
illegitimate heirs differ in entitlement.
3. Intrinsic validity of the provisions of the will refers to the effectiveness of the dispositions in the will. Ex. Validity of
the preterition of an heir
4. Capacity to succeed refers to the capacity of heirs to succeed in accordance with the national law of the deceased
and not with the national law of the heirs.
[Note] Without succession having taken place, there is no justification for the application of the second paragraph of Art.
16
Reason for the Application of the Lex Nationalii Rule in Case of Succession
With regard to succession, there is only one will, express in testamentary and presumed in intestate succession. The
oneness and universality of the inheritance cannot be divided or broken up merely because of the different countries where
properties of the estate are situated.
Example:
In country X, even recognized illegitimate children are not allowed to inherit. A citizen of country X dies in the Philippines,
with some of his parcels of land located in our country. Under our laws, recognized illegitimate children can inherit. Will Y, a
recognized illegitimate child of the deceased, be entitled to inherit?
Answer: No, because under the law of his fathers country, he has no right to inherit. This is so even if the lands are
found in the Philippines and our laws allow illegitimate children to inherit. What should control is the national law of the deceased.
Question: If a Filipino dies leaving lands in China, should the inventory of his estate required by our courts include the
lands in China?
Answer: Ideally yes because we have to know the total value of his estate for eventual distribution to his heirs. In fact,
under Art. 16, it should be our law that should govern their disposition. This would only be ideal if the Chinese courts would respect
the decisions of our courts. If they do not, our courts can hardly do anything about it since the lands are in China. The problem of
possible unenforceability and ineffectiveness is precisely a defect of the second paragraph of Art. 16. As such, Art. 16(2) can apply
only to properties located in the Philippines.
Renvoi Doctrine
Renvoi is a French term meaning referring back which arises where our law refers a case to another country for
solution, but the law of that country refers it back to our country for determination.
2 Kinds of Renvoi
1. Remission or single renvoi happens when the reference is made back to the law of the forum.
2. Transmission or double renvoi happens when the reference is made to a third state.
No American Law
There is no such thing as an American Law governing the validity of testamentary provisions in the US. Each State of the
Union has its own laws. (Llorente vs CA)
Lex Fori Rule and Processual Presumption

It means the law of the forum. If the application of a foreign law is invoked, that foreign law must be proved as a fact by
the rules of evidence. In the absence of proof, it is presumed to be the same as that of the Philippine law the law of the forum.
This presumption is known as processual presumption.
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 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.

Doctrine of Lex Loci Celebrationis
Under this rule, interpretation and validity of a contract are determined by the law of the place where the contract is
made. Locus contractus regit actum. The formal validity of contracts, wills and other public instruments shall be determined by the
law of the country where they are executed.
Intrinsic Validity, not covered by this Article

In determining the intrinsic validity of contracts, according to Manresa, the following rules can be followed:


(a) The law stipulated by the parties shall be applied.
(b) In the absence of any stipulation and if the parties are of the same nationality, their national law shall be applied.
(c) In the parties are not of the same nationalities, the place of perfection of the obligation shall govern its essence and
nature and the law of the place of performance shall govern its fulfillment;
(d) If the above places are not specified and they cannot be deduced from the nature and circumstances of the obligation,
then the law of the domicile of the passive subject shall apply.
Formalities for the Acquisition, Encumbering or Alienation of Property

Formalities for the acquisition, encumbering and alienation of property whether real or personal shall however be
governed not by the lex loci celebrationis rule but by the lex rei sitae rule.
Thus:
If A who is Chinese sold to B who is Filipino a parcel of land located in the Philippines and the contract was executed in
Japan, which country governs the formalities of the sale?
Answer: The law of the Philippines because the land is located here. Art. 16 is an exception to lex loci celebrationis.
Conflict of Law, Forum Non Conveniens, Not all Cases involving Filipino citizens can be tried in the Philippines
Under the rule of Forum Non Conveniens, a Philippine court may assume jurisdiction over the case if it chooses to do so
provided:
(1) that the Philippine court is one to which the parties may conveniently resort to;
(2) that the Philippine court is in a position to make an intelligent decision as to the law and the facts; and
(3) that the Philippine court has or is likely to have power to enforce its decision.
[Note] Forum non conveniens literally translate to forum which is not convenient. The ends of justice would be best
served by trial in another forum and that the controversy may be more suitably tried elsewhere.
Rule on Exterritoriality/Principle of Exterritoriality

Acts referred to in Art. 17, if executed before a consular or diplomatic official, shall be governed by Philippine law even
though executed abroad. This is because consular or diplomatic offices found abroad are extensions of the Philippine territory.
Exterritoriality vs Extraterritoriality
Exterritoriality has a reference to the extension of the territory of a country in another country which extension is
recognized under international law. Territoriality refers to the principle whereby all persons, whether foreigners or citizens, who
commit crimes or violate penal laws shall be liable for prosecution in the territory or place of commission of the acts.
Extraterritoriality is the principle recognized in criminal law where crimes committed on board vessels or aircraft of a country or
other specific crimes committed abroad against said country may be taken up by the courts of that country.
Cases
Govt vs Frank
It is not disputed that at the time and place of the making of the contract in question, the defendant had full capacity to
make the same. No rule is better settled in law than that matters bearing upon the execution, interpretation and validity of a
contract are determined by the law of the place where the contract is made. Matters connected with its performance are regulated
by the law prevailing at the place of performance. Matters respecting a remedy, such as the bringing of suit, admissibility of
evidence and statutes of limitations, depend upon the law of the place where the suit is brought.
[Note] As such:
Execution, interpretation and validity of a contract = Law of the place where the contract is made (Lex
Loci Celebrationis)
Matters connected with its performance = Law prevailing at the place of performance
(Lex Loci Contractus)
Matters respecting a remedy, such as the bringing of a = Law of the place where the suit is brought
suit
Rules on Obligations and Contracts
Formal and Extrinsic Validity of Contract = Lex Loci Celebrationis (Art. 17{1}
Except: alienation and encumbrance of property = Lex Situs (Art. 16[1])
Capacity of Contracting Parties = Lex Nationalii or National law (Art. 15) without
prejudice to the case of Insular Government vs Frank
where the SC adhered to the theory of lex loci
celebrationis
Art. 18. In matters which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the
provisions of this Code.


Suppletory rule of the NCC
The article does not speak of inconsistencies between the Civil Code and other laws. It speaks of deficiencies which must
be supplied by the NCC. If the Code of Commerce or special laws are insufficient, the Civil Code shall be applied to supply the
deficiency. Thus, the Civil Code is suppletory.
In case of conflict between NCC and Code of Commerce

In case of conflict with the Code of Commerce or special laws, the special law prevails over the Civil Code which is
general in nature.
Instances when the Code of Commerce and Special Laws merely supply the deficiency
In the following instances, the Civil Code is the principal law
(a) in the law on common carriers
(b) in insolvency cases.
Cases:
Ramos vs Hijos de la Rama
Chapter 2
Human Relations

Human Relations, defined
The term human relations refers to the rules needed to govern the inter-relationships of human beings in a society for
the purpose of maintaining social order.
Purpose of Chapter 2
Chapter 2 provides some basic principles that are to be observed for the rightful relationship between human beings and
for the stability of the social order.
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.

Principle of Abuse of Rights
The principle embodied in Art. 19 is what is known as the principle of abuse of rights. The term is used to refer to acts
performed which are not illegal but nevertheless make the actor liable for damages, if in so acting or in the exercise of his rights,
his purpose is to prejudice or injure another.
Old Rule vs New Rule

In the old times, civil law countries like Spain followed the well-known doctrine of he who uses a right injures no one.
Thus, no person can be held liable for damages caused to another by the formers exercise of a right.
The modern trend however states that even if an act is not illegal if there is an abuse of right such as when the act was
done without prudence or good faith, the actor is liable for the damages occasioned thereby.
The exercise of a right must be in accordance with the purpose to which it was established and must not be excessive or
unduly harsh; there must be no intention to injure another.
Intention of Art. 19
Article 19 was intended to expand the concept of torts by granting adequate legal remedy for the untold number of moral
wrongs which is impossible for human foresight to provide specifically in statutory law. If mere fault or negligence in ones acts can
make him liable for damages for injury caused thereby, with more reason should abuse or bad faith make him liable.
Good faith and bad faith, distinguished

Good faith is an honest intention to refrain from taking undue advantage of another. It is an honest intention to abstain
from taking any unconscientious advantage of another.
Bad faith is the opposite of good faith. It presupposes a dishonest purpose or some moral obliquity and conscious
performance of a wrong.
Elements of Abuse of Right

(1) There is a legal right or duty;
(2) Which is exercised in bad faith;
(3) For the sole intent of injuring or prejudicing another.
[Note] While Article 19 may have been intended merely as a declaration, the cardinal law on human conduct expressed
in the said Article has given rise to certain rules, e.g. that where a person exercises his rights but does so arbitrarily or unjustly or
performs his duties in a manner that is not in keeping with honesty and good faith, he opens himself to liability.
Rationale behind the Principle


According to Borrel Macia, the exercise of a right ends when the right disappears, and it disappears when it is abused,
especially to the prejudice of others. The mask of a right without the spirit of justice which gives it life, is repugnant to the modern
concept of social law. It cannot be said that a person exercises a right when he unnecessarily prejudices another or offends morals
or good customs.
[Note] Rights must never be abused. The moment they are abused, they cease to be right.
Examples of Abuse of Rights

(1) A party who has won a case has the legal right to a demolition of a house but for not giving the occupants sufficient
time to remove their personal belongings, the occupants are entitled to damages. The demolition having been done
swiftly, was carried out in a manner not consistent with justice and good faith. This constitutes abuse of rights.
(Albetz Investments, Inc. vs CA)
(2) A judge who allowed the suspension of rentals without any legal ground sanctioned the enjoyment of another, of a
persons property without payment of rentals, and before the former had been declared as owner thereof.
(3) There is abuse of presidential prerogative when an outgoing president issued mass midnight appointees to
different government positions before the assumption into office of the new incoming President.
Acting with justice and giving another his due, manifested

This is elaborated in the following articles:
(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
Observance of Honesty and Good faith, manifested

This is elaborated in the following articles:
(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 actions
Bad faith distinguished from Bad Judgment

Mere bad judgment or negligence does not necessarily mean bad faith. There must be a dishonest purpose or some
moral obliquity and conscious doing of wrong.
Limitation on the Provisions on Human Relations

The provisions on human rights are merely guides to human conduct in the absence of specific legal provisions and
definite contractual provisions.
Damnum Absque Injuria, Principle

A person who only exercises his legal rights does no injury. Que jure suo utitur nullum damnum facit. If damages result
from such exercise of legal rights, it is damnum absque injruia. When the conjuction of damage and wrong is wanting, there is no
damnum absque injuria. It cannot be said that a person who unnecessarily prejudices another or offends morals or good customs is
exercising a right.
This principle is premised on the valid exercise of a right. Anything less or beyond such exercise will not give rise to the
legal protection that the principle accords.
Cases
Art. 20. Any person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the
same.

Coverage of Article
Generally, laws provide their own sanctions by stating the responsibility of the violators thereof. However, there are cases
when the law does not provide for its own sanctions. In which case, this Article provides the general sanction indemnification for
damages. This article covers all situations, as well as legal wrongs not constitutive of a breach of contract. It covers torts based on
malice (Art. 20) and torts based on negligence (Art. 2176).
No Right Impaired, No Basis for Damages

The code Commission explains that Art. 20 pervades the entire legal system, and renders it impossible now for a person
who suffers damage because another has suffered some legal provision to find himself without relief.
However, it someone be damaged by another, he does not necessarily have the right to be indemnified. It is essential
that some right of his be impaired.
Cases:
Art. 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.


Reason for Art. 21
The Code Commission is fully aware that there are countless gaps in statutes which leave many victims of moral wrongs
helpless even though they have actually suffered material and moral injury. There are many injurious acts that are contrary to
public policy but are not forbidden by statute which have not been foreseen by lawmakers. Art. 21 expands the concept of torts in
this jurisdiction by granting adequate legal remedy for the untold number of moral wrong which is impossible for human foresight
to specifically provide in the statutes.
Art. 20 vs Art. 21
Article 21 provides that the act is contrary to morals, good customs or public policy while in Art. 20, the act is contrary to
law. In Art. 21, the act is done willfully which may be construed as not merely voluntary but with a bad purpose while Art. 20 the
act is done either willfully or negligently.
Requisites for Recovery of Damages under Art. 21

(1) The act should have been willfully done
(2) The act is contrary to morals, good customs or public policy.
[Note] If the loss or injury is due to the plaintiffs own inexcusable fault or negligence, he should not be allowed to
recover. The plaintiff must not be at fault, otherwise, he could not recover.
Rule on Breach of Promise to Marry, Exceptions

General Rule: Breach of promise to marry is not actionable.
Reason: If a person promised to marry another and the promise was broken, no court can compel the promissory to
marry the promisee. The right to marry is a personal one and is not subject to judicial compulsion.
However a breach of promise to marry may give rise to damages under certain circumstances:
(1) There is no recovery of moral damages, except when there is criminal or moral seduction.
Rationale: If there is criminal or moral seduction, a grant of moral damages is justifiable under Art. 21.
However, there must be deception, enticement, superior power or abuse of confidence on the part of the seducer to which the
woman yielded. Thus, if the sexual intercourse was due to mutual lust of the parties who are both of legal age, no moral damages
could be claimed.
(2) A person may recover actual damages.
Sample Questions:
Q: If A is a teacher who resigned from her job because of Bs promise to marry her, can she recover damages for breach
of promise to marry?
A: Yes, insofar as actual damages are concerned. (Garcia vs. Del Rosario)
Q: If a woman gave a sum of money to the man because the latter promised to marry and he did not fulfill his promise,
can she recover the money given?
A: Yes, actual damages may be recovered for advance of property or money due to promise to marry.
Q: In an action based on a breach of promise to marry, what rights has the aggrieved party in cases:
(a) When there has been carnal knowledge?
(b) When there has been No carnal knowledge?
A: When there has been carnal knowledge, the aggrieved party may:
(1) ask the other to recognize the child, should there be one, and give support to said child.
(2) Sue for moral damages, if there be criminal or moral seduction, but not if the intercourse was due to mutual
lust. (Hermosisima vs Court of Appeals)
(3) Sue for actual damages, if there be any, such as in the wedding preparations.
If there has been no carnal knowledge, an action for moral and actual damages may rise under certain conditions, as
when there has been deliberate desire to inflict loss or injury or when there has been an evident abuse of a right.
Thus, a man who deliberately fails to appear at the altar during the scheduled wedding simply because it was his
intention to humiliate the girl no doubt inflicts irreparable injury to her honor and reputation and allows her to recover
not just actual but also moral and exemplary damages. (Victorino vs Nora)
Cases
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.
Principle Against Unjust Enrichment


Art. 22 embodies the Roman Law principle of Nemo cum alterius detrimento locupletari potest (No one shall unjustly
enrich himself at the expense of another).
However, enrichment with a just or legal ground is not prohibited. Legitimate enrichment is never discouraged by the law.
Coverage of Art. 22
Art. 22 is applicable only if (1) someone acquires or comes into possession of something which means delivery or
acquisition of things, and (2) acquisition is undue and at the expense of another, which means without any just or legal ground.
Rendition of Services, Not Included

If someone rendered service benefitting another, the action should not be brought in relation with Art. 22. The liability
will lie on quasi-contract. (Art. 2146)
Accion in Rem Verso, definition and limitations

Accion in Rem Verso is action brought for the recovery of what has been paid without just cause. It can only be availed of
if there is no other remedy to enforce it based on contract, quasi-contract, crime or quasi-delict. In other words, this action is only
subsidiary.
Accion in rem Verso vs Solutio Indebiti

In rem verso, it is not necessary that the payment be made by mistake. Payment could have been made voluntarily and
knowingly, but nevertheless, there would be recovery of what has been paid. In solutio indebiti, payment was made by mistake
which is an essential element to maintain the action for recovery in relation with Art. 2154.
Requisites of Accion in Rem Verso

In order that any action under Art. 22, unjust enrichment may prosper, the following conditions must concur:
(1) the defendant has been enriched
(2) the plaintiff suffered a loss
(3) that the enrichment of the defendant is without just or legal ground; and
(4) that the plaintiff has no other action based on contract, quasi-contract, crime or quasi-delict.
[Note] The indemnity cannot exceed the loss or enrichment, whichever is less. (Reyes and Puno, Outline of Phil. Civil
Law, Vol. 1.)
Property Acquired by Final Judgment, not covered

A property acquired by virtue of a final judgment rendered by a court of competent jurisdiction, cannot be said to have
been acquired without just or legal ground.
Government is not exempt from Principle of Unjust Enrichment

The government cannot enrich itself at the expense of another. Thus, if the government has already realize the revenue
which is the object of the imposition of the subject stamp tax, it could no longer require the payment of the same tax for the same
documents.
Quasi Contracts Distinguished from Art. 22

Quasi-contracts are based on the principle that no person shall be unjustly enriched at the expense of another.
Apparently, Art. 22 which is the basis for actions in accion in rem verso is different from quasi-contracts. But despite the formal
presentation of the concept of quasi-contracts, there has been practically a merger of the principle of unjust enrichment and that of
quasi-contracts. (Tolentino)
Cases:
Art. 23. Even when an act or event causing damage to anothers property was not due to the fault or negligence of the defendant,
the latter shall be liable for indemnity if through the act or event he was benefited.

Duty to Indemnify because of Benefit Received
Unless there is a duty to indemnify, unjust enrichment will occur.
Example
Without As knowledge, a flood drives his cattle to the cultivated highland of B. As cattle are saved, but Bs crop is
destroyed. True, A was not at fault but he was benefited. It is right and equitable that he should indemnify B.
Art. 24. In all contractual, property or other relations, when one party 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.

Duty of the Court in rel. to Art. 24
Courts are directed to be wary and cautious, as not to neglect the extra protection needed by the disadvantaged and the
handicapped. The law seeks the welfare of the incapacitated, disadvantaged and handicapped being unable to fully protect
themselves. This is anchored on the doctrine of parens patriae.


Doctrine of Parens Patriae
This is the inherent power of the State to provide protection of the person and property of a person non sui juris. Under
that doctrine, the State has the sovereign power of guardianship over persons under disability. Thus, the State is considered the
parens patriae of minors who are unable to take care of themselves fully.
[Note] Non Sui Juris Or Not His Own Master refers to a person who lacks the legal capacity to act on his or her own
behalf, such as in the case of infants or insane persons.
Summun jus, Summun Injuria

If the laws were always to be applied strictly, there would be danger that injustice might arise. The State is thus under
obligation to minimize the risk to those who are weak and handicapped.
Meaning of Vigilant for his Protection

In case of doubt, the doubt must be resolved in favor of the underdog. Thus in labor contracts, doubts are resolved in the
favor of the decent living and safety of the worker.
Contract of Adhesion
Contracts prepared almost entirely by one party and the other party only has to sign.
Art. 25. Thoughtless extravagance in expenses for pleasure or 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.

Requisites for filing actions under Art. 25
(1) there is thoughtless extravagance in expenses
(2) the extravagance is for pleasure or display
(3) there is a period of acute public want or emergency
(4) the case is filed in court by a governmental institution or private charitable institution
Reason for Curtailing Thoughtless Extravagance

Thoughtless extravagance during emergencies may incite the passions of those who cannot afford to spend.
Art. 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 anothers residence
(2) meddling with or disturbing the private life or family relations of another;
(3) intriguing to cause another to be alienated from his friends;
(4) vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical
defect or other personal condition.

Coverage of This Article, Not Limitative
This article is not limited to penalizing only such acts for it provides that other similar acts may give rise to a cause of
action for damages, prevention and other relief.
Right of Privacy, Concept

This is the right to be left alone; the right of a person to be free from unwarranted publicity and the right to live without
unwanted interference by the public in matters with which the public is not necessarily concerned.
Invasion of Privacy, Concept

Unwarranted appropriation or exploitation of ones personality, publicizing ones private affairs with which the public has
no legitimate concern, or wrongful intrusion into ones private activities, in such a manner as to cause mental suffering, shame or
humiliation to person of ordinary sensibilities.
[Note] Such invasion may result to a actionable tort; though public figures have less protection than private persons.
Torts Actions for Invasion of Privacy

(1) appropriation consisting of appropriation for the defendants benefit or advantage of the plaintiffs name or
likeness;
(2) intrusion consisting of intrusion upon the plaintiffs solitude or seclusion as by invading his home;
(3) public disclosure of private facts consisting of a cause of action in publicity, of a highly objectionable kind, given to
private information about the plaintiff, even though it is true and no action would lie for defamation.
(4) False light in the public eye consisting of publicity which places the plaintiff in a false light.
Disturbance of Private Life/Family Relations of Another
Alienation of Affection may be instituted against:

(a) a man or woman who alienates the affection of a husband or wife to each other;


(b) meddling to poison the mind of one or more members of the family against other members;
(c) prevention the reconciliation of spouses
[Note] It is not enough for the woman to be merely the object of the affections of said husband. To be liable, she must
have done some active acts calculated to alienate the affections of the husband. She must, in a sense, be a pursuer, not merely
the pursued.
In the same way, a prostitute may not be liable for alienation of affection of the husband of another woman for having
sexual intercourse with him on a chance occasion.
Alienation from Ones Friends

A person who committed affirmative acts intended to alienate the existing friendship of one with his friends is liable for
damages. A man is a social being and for being so, he needs friends to socialize with and to depend upon in case of need. To
alienate him wrongfully or with malice from his friends is to cause him suffering for which he is entitled to damages.
Vexing or Humiliating Another on Account of his Religious Beliefs

Religious freedom does not authorize anyone to heap obloquy and disrepute upon another by reason of the latters
religion. Place of birth, physical defect and other personal conditions are too often the pretext of humiliation cast upon persons.
Such tampering with human personality, even though the penal laws are not violate, should be the cause of civil action.
Unauthorized Use of a Picture

The unauthorized use of a picture of the residence of the plaintiff for advertisement or promotional gain of a realty
corporation with out the consent of the former and which advertisement has embarrassed the later is an actionable wrong.
Same principle will apply to the advertisement of a picture of a person used for promotional purposes without his
consent. If the purpose is not promotional but to malign the person, the act will be tantamount to a crime, for which, civil liability
may be imposed on the offender.
Special Torts, Moral Damages Recoverable for Violation of Articles 26, etc.
The Civil Code authorizes the grant of moral damages in acts and actions referred to in Articles 21, 26, 27, 28, 29, 30, 32,
34, and 35. These are known as special torts.
(a) Art. 21 acts contrary to good morals, public order and public policy
(b) Art. 26 act in violation of the dignity, personality and peace of mind of a person
(c) Art. 27 act of a public official causing moral or material damage
(d) Art. 28 unfair competition
(e) Art. 29 dependent civil action
(f) Art. 30 separate civil action
(g) Art. 32 act in violation of civil liberties
(h) Art. 35
Art. 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.

Reason behind Art. 27
The purpose of the law is to eliminate corruption in the government service. The law will serve as a deterrent to public
officials and employees from delaying or refusing to perform official duties on flimsy reasons or excuses. To facilitate action when
there is scheming delay, an ordinary citizen is constrained to give bribe to avoid inconvenience and damages.
Requisites for Filing Actions Under Art. 27

(1) a public servant or employee refuses or neglects to perform his official duty;
(2) there is no valid reason for the refusal or neglect to perform official duty;
(3) that injury or damage is suffered by the plaintiff;
Coverage of Article
The law applies only to acts of nonfeasance which means non-performance of some acts which a person is obliged or
has responsibility to perform; omission to perform a required duty at all or, total neglect of duty. This article covers only non-
feasance or non-performance of an official duty by a public officer. It does not apply to a case of negligence or misfeasance in
carrying out an official duty.
Nonfeasance, misfeasance, malfeasance

Nonfeasance misans the omission of an act which a person ought to do; misfeasance is the improper doing of an act
which a person might lawfully do; and malfeasance is the doing of an act which a person ought not to do.
Ex. A civil registrar sat on the application of a couple for marriage license. He refused or neglected to issue the license
applied for. This is nonfeasance. If the registrar issued the license applied for within 24 hours after the filing of the application
(instead of after 10 days), there is an improper issuance of the license. This is misfeasance. If the registrar issued the license to the


applicants who are not of legal age and who obviously look so, the issuance is an illegal act which he should not have done at all.
This is malfeasance.
Nature of Duty, Ministerial

For a public servant to be held liable under the Article, the duty, which he refused or failed to perform, must be
ministerial in character, that is, the law absolutely requires him to perform it. If the duty is discretionary, he is not liable for his
refusal or neglect to perform it, unless he acted in a notoriously arbitrary manner or he acted willfully, maliciously or with gross
neglect.
Good Faith, Not a Defense

Good faith, or absence of malice, could not be proffered as a defense if there is refusal or neglect to perform an
imperative duty. The reason is that an officer is under constant obligation to discharge the duties of his office, and it is not
necessary to show that his failure to act was due to malice or willfulness.
However, good faith may mitigate the amount of damages for which the public servant is liable.
Inapplicability
The article is not applicable when the public officer executed an act within the scope of his official capacity and in line of
duty. It applies only if there is an unjustifiable refusal to perform an official duty causing damage or prejudice to another or when
there is an inexcusable negligence.
Art. 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 high-handed method shall give rise to a right of action by
the person who thereby suffers damage.

Unfair Competition
It consists in employing deception or any other means contrary to good faith by which any person shall pass off the
goods manufactured by him or in which he deals, or his business or services for those of the one having established goodwill, or
committing any acts calculated to produce such result.
Unfair competition is punishable under Art. 189 of the Revised Penal Code.
Unfair Competition
Unfair competition may be committed through the use of either:
(a) force
(b) intimidation
(c) deceit
(d) machination
(e) or any other unjust, oppressive or high-handed method in agricultural, commercial or industrial enterprises or labor
True Test of Unfair Competition

The true test of unfair competition is whether certain goods have been intentionally clothed with an appearance which is
likely to deceive the ordinary purchaser exercising ordinary care and not whether a certain limitied class of purchases with special
knowledge not posses by the ordinary purchases could avoid mistake by the exercise of his special knowledge.
Scope
The article speaks of unfair competition in:
(a) industrial
(b) agricultural enterprises
(c) commercial enterprises
(d) labor
Examples:
(a) a strike prematurely declared
(b) a strike carried out through force, intimidation, deceit or other unlawful means
(c) cutthroat competition
(d) the making of any false statement in the course of trade to discredit the goods, business or services of another.
(e) The making of goods so as to deceive purchasers
(f) Selling goods above the maximum prices set by the state
Art. 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 the
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.

Rationale for Art. 29


The old rule that the acquittal of the accused in a criminal case also releases him from civil liability is one of the most
serious flaws in the Philippine legal system. It has given rise to numberless instances of miscarriage of justice, where the acquittal
was due to a reasonable doubt. The reasoning followed in the old rule is that civil responsibility is derived from the criminal offense,
when the latter is not proved, civil liability cannot be demanded.
The Code Commission however felt that civil liability should not be proved also beyond reasonable doubt. It should only
be proved by preponderance of evidence since the right of the aggrieved is no less private because the wrongful act is also
punishable by the criminal law.
Kinds of Acquittal
Under the Rules of Court, the accused is entitled to an acquittal if his guilt has not been proved beyond reasonable doubt,
which may be based on the following:
(a) the guilt of the accused had not been proved beyond reasonable doubt;
(b) the accused is not the author of the crime; and
(c) the crime complained of did not exist.
Acquittal which Bars Civil Action

The following kinds of acquittals bar civil actions against the accused:
(a) the accused is not the author of the crime
(b) no crime existed
(c) when the acquittal is based on pure innocence
(d) there is a finding that the act or omission from which civil liability may arise did not exist.
Acquittals which do not bar Civil Action

(a) the liability of the accused is not criminal but only civil
(b) the civil liability is not derived or based on the criminal act of which the accused is acquitted
(c) when the civil action is based on quasi-delict
(d) when acquittal is based on reasonable doubt
Prescription to Criminal Action, not a Bar to Civil Action

The dismissal of a criminal case based on prescription will not bar the filing of a civil action based on the same act or
omission specially if pursued as a quasi-delict or based on the principle of unjust enrichment. When an accused is acquitted based
on prescription of the crime, he is released from criminal responsibility, but not from civil liability.
Article 29 refers to Dependent Civil Action

Article 29 refers to dependent civil actions. Independent civil actions under Articles 32, 33, 34, and 2177 can be pursued
independently of the criminal action and regardless of the outcome of the criminal case.
Basic Difference of Civil Actions (ex delito) from Independent Civil Actions
Dependent civil actions if not reserved are deemed impliedly instituted with the criminal action. If reserved, they may be
prosecuted independently like the independent civil actions but must await the outcome of the criminal case to which they are
dependent.
An independent civil action can proceed simultaneously and separately from the criminal action regardless of the outcome
of the latter. If the civil action is not an independent civil action, but a dependent civil action based on the crime being prosecuted,
the said civil action must be suspended (if it was filed ahead but overtaken by the criminal action, or filed after the criminal action)
and should await the outcome of the criminal case since there is a possibility that it may be barred if there is acquittal that
completely exonerates the accused from the crime, including civil liability.
Criminal and Civil Liabilities, Distinguished

The criminal aspect affects the social order, the civil, private rights. One is for the punishment or correction of the
offender, while the other is for reparation of damages suffered by the aggrieved party. (Code Commission).
Art. 30. When a separate civil action is brought to demand civil liability arising from a criminal offense, and no criminal
proceedings are instituted during the pendency of the civil case, a preponderance of evidence shall likewise be sufficient to
prove the act complained of.

Coverage
Article 30 does not cover independent civil actions. It speaks of dependent civil actions which are impliedly instituted in
the criminal action unless the offended party expressly reserves the right to institute them separately.
Institution of Criminal and Civil Actions

When a criminal action is instituted, the civil action is deemed instituted unless:
(a) the offended party waives the right to civil action
(b) the offended party reserves the right to institute it separately
(c) the offended party has already instituted the civil action prior to the criminal action.


[Note] The Civil Code does not require the making of reservation for the filing of independent civil actions before they
could be prosecuted independently of the criminal cases arising from the same fact.
Dependent Civil Actions, Requirement of Reservation

While independent civil actions need not be reserved to proceed separately and independently of the criminal proceeding,
dependent civil actions which are deemed instituted with the criminal actions arising from the same punishable act or omission.
These cannot be prosecuted independently of the criminal case without any reservation made in the latter case or if not filed ahead
of the latter case.
When should reservation be made?

The reservation of the right to institute separately the civil action shall be made before the prosecution starts presenting
its evidence and under circumstances affording the offended party a reasonable opportunity to make such reservation.
Effect of Failure to Make a Reservation

If the offended party failed to make a reservation of a dependent civil action, then, the civil aspect of the case is deemed
instituted with the criminal case. This means, the civil liability of the defendant will be determined in the criminal proceedings and it
cannot be the subject of a separate case. It is barred.
[Note] It must be stressed that independent civil actions arising from Art. 32, 33, 34 and 2176 are not included in the
reservation rule for being the exceptions. Although Art. 31 is not referred to as independent civil action, they can be prosecuted
independently of the criminal action for being based on culpa contractual such as breach of contract of carriage.
Culpa contractual negligence in the performance of a contract.
Courts should be informed of the filing or pendency of the Independent Civil Action
For practical reasons, the prosecutor and the judge should be informed, through manifestation, about the separate
pursuit of the independent civil action. This will guide them both so that evidence tending to establish the civil liability of the
accused should not be allowed or considered during the trial as they will be immaterial to the issues in the criminal case. Waste of
time, money and efforts will therefore be avoided.
Art. 31. When the civil action is based on an obligation not arising from the act or omission complained of as a felony, such civil
action may proceed independently of the criminal proceedings and regardless of the result of the latter.

Coverage of the Article
The civil action contemplated in the Article is one which arises not from the act or omission complained of as a felony. It
arises from some other acts such as contract or a suit based on culpa contractual, legal obligation to return money malversed, or a
suit based on quasi-delict.
Since the civil action is not based on the crime for which the defendant is being prosecuted, it can proceed independently
of the criminal proceedings and regardless of the result of the latter.
Example:
The accused was charged with malversation and later on acquitted. Can the government still recover the government
funds, which the accused disbursed without prior authority?
Yes. A person may be acquitted of malversation where, as in the case at bar, he could show that he did not
misappropriate the public funds in his possession, but he could be rendered liable to restore said funds or at least to make a proper
accounting thereof.
Art. 32. Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any
manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages:

(1) freedom of religion;
(2) freedom of speech;
(3) freedom to write for the press or to maintain a periodical publication;
(4) freedom from arbitrary or illegal detention;
(5) freedom of suffrage
(6) the right against deprivation of property without due process of law;
(7) the right to a just compensation when private property is taken for public use;
(8) the right to the equal protection of the laws;
(9) the right to be secure in ones person, house, papers, and effects against unreasonable searches and seizures;
(10) the liberty of abode and of changing the same;
(11) the privacy of communication and correspondence;
(12) the right to become a member of associations or societies for purposes not contrary to law;
(13) the right to take part in peaceable assembly to petition the government for redress or grievances;
(14) the right to be free from involuntary servitude in any form;
(15) the right of the accused against excessive bail;
(16) the right of the accused to be heard by himself and counsel, to be informed of the nature and cause of accusation
against him, to have a speedy and public trial, to meet the witnesses face tof ace, and to have compulsory process
to secure the attendance of witnesses in his behalf;


(17) freedom from being compelled to be a witness against ones self, or from being forced to confess guilt, or from
being induced by a promise of immunity or reward to make such confession except when the person confessing
becomes a State witness;
(18) freedom from excessive fines or cruel and unsual punishment, unless the same is imposed or inflicted in
accordance with a statute which has not been judicially declared unconstitutional; and
(19) freedom of access to the courts;
In any of the cases referred to in this article, whether or not the defendants act or omission constitutes a criminal
offense, the aggrieved party has a right to commence an entirely separate and distinct civil action for damages, and for other
relief. Such civil action shall proceed independently of any criminal prosecution (if the latter be instituted), and may be proved
by a preponderance of evidence.
The indemnity shall include moral damages. Exemplary damages may also be adjudicated.
The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes a violation of
the Penal Code or other penal statute.

Civil Liberties
The Constitution guarantee the protection of the civil liberties of the people. Art. 32 particularly provides for the
imposition of damages upon any public officer or public employee or any private person, who directly or indirectly obstructs,
defeats, violates or in any manner impairs the 19 listed rights and liberties under the Article.
Scope
It should be noted that the following can be made liable:
(a) any public officer or employee;
(b) any private individual even if he be in good faith;
[Note] The precise purpose of Art. 32 is to eliminate good faith as a defense.
Remedies
The article allows an independent civil action, whether or not a crime has been committed, with indemnification for moral
and exemplary damages in addition to other damages. In the case of exemplary damages, award thereof is discretionary with the
Court.
Purpose of Article 32
It is obvious that the purpose of the above codal provision is to provide a sanction against the deeply cherished rights
and freedoms enshrined in the Constitution. Its message is clear, no man may seek to violate those sacred rights with impunity. In
times of great upheaval or of social and political stress, then the temptation is strongest to yield borrowing from the words of
Chief Justice Claudia Teehankee to the law of force rather than the force of law, it is necessary to remind ourselves that certain
basic rights and liberties are immutable and cannot be sacrificed to the transient needs or imperilous designs of the ruling power.
Judges are Exempt under Art. 32, Except

Judges are usually exempted from damages, if by performing their duties in good faith, they happen to violate or impair
the rights and liberties mentioned in the Article. Exception: if the judges act or omission constitutes a violation of the Penal Code or
other penal statute, the judge is liable for damages aside from criminal liability.
(1) Art. 204 knowingly rendering an unjust judgment;

(2) Art. 205 rendering manifestly unjust judgment through inexcusable negligence or ignorance
(3) Art. 206 knowingly rendering an unjust interlocutory order or decree.
(4) Art. 207 maliciously delaying the administration of justice.
Art. 33. In cases of defamation, fraud and physical injuries, a civil action for damages, entirely separate and distinct from the
criminal action, may be brought by the injured party. Such civil action shall proceed independently of the criminal prosecution
and shall require only a preponderance of evidence.

Rationale
The underlying purpose is to allow the citizen to enforce his rights in a private action brought by him, regardless of the
Action of the State. It is not conducive to civic spirit and to individual self-reliance and initiative to habituate the citizens to depend
upon the government for the vindication of their own private rights. Although the State is the complainant in a criminal case, the
injured individual is the most concerned because it is he who has suffered directly. He should be permitted to demand reparation
for the wrong which peculiarly affects him.
Article 33 involves Independent Civil Action

A civil action for damages based on defamation, fraud and physical injuries is entirely separate and distinct from the
criminal action and shall proceed independently of the criminal prosecution.
Independent Civil Actions need not be reserved

Independent civil actions need not be reserved for the law itself already makes the reservation.


[Note] However, for purposes of orderly administration of justice, the claimant may inform the court taking jurisdiction
over the criminal action about the pendency of the civil action so that the public prosecutor and the court will no longer waste their
time considering the matter of damages suffered by the claimant and to prevent the appearance of a private prosecutor.
Limitation of Independent Civil Actions

The only limitation concerning the filing of a separate independent civil action is that there shall be no double recovery of
damages.
Coverage of Art. 33
Article 33 covers three groups of criminal offenses, to wit: defamation, fraud and physical injuries.
[Note] If the acts complained of do not constitute criminal offenses, the civil action is just an ordinary civil action and not
an independent civil action. The latter presupposes the existence of a criminal offense based on the same facts.
New Rule in Cases of Physical Injuries

In Madeja vs Caro, physical injuries resulting from reckless imprudence or criminal negligence may now be instituted in
an independent civil action. This replaced the ruling in Corpus vs Paje that only injuries intentionally committed may be a subject of
an independent civil action.
Effect of Intervention in the Criminal Case

The offended party cannot intervene in the criminal case either personally, or through a private prosecutor, if he had filed
a separate civil case. If the offended party intervened in the criminal case, he cannot later file a civil action to recover moral and
exemplary damages.
[Note] It was held however that where the accused driver was acquitted in the criminal case, a civil action may still be
filed by the offended party even if he had intervened in the criminal case through a private prosecutor. What is prohibited is double
recovery, not double attempt of filing the action.
New Concept of Tort

Because of Article 33, torts in the Philippines are now of two kinds, namely:
(1) the American concept of torts, which is done maliciously or intentionally;

(2) the Spanish concept of torts, culpa aquiliana or quasi-delict, which is based on negligence.
Art. 34. When a member of a city or municipal police force refuses or fails to render aid or protection to any person in case of
danger to life or property, such peace officer shall be primarily liable for damages, and the city or municipality shall be
subsidiarily responsible therefore. The civil action brought herein recognized shall be independent of any criminal
proceedings, and a preponderance of evidence shall suffice to support such action.

Scope/Requisites in Art. 34
(1) there is danger to life or property of a person
(2) a member of a city or municipal police force who is present in the scene refused or failed to render aid or protection
to the person; and
(3) damages are caused either to the person and/or property of the victim
Liability of Officer and City or Municipality

The liability of the police officer for damages is primary. If he is insolvent, the city or municipality is answerable.
[Note] The defense of having observed the diligence of a good father of a family to prevent the damage is not available
to the city or municipality in cases under Art. 34.
Art. 35 When a person, claiming to be injured by a criminal offense, charges another with the same, for which no independent
civil action is granted in this Code or any special law, but the justice of the peace finds no reasonable grounds to believe that a
crime has been committed, or the prosecuting attorney refuses or fails to institute criminal proceedings, the complainant may
bring a civil action for damages against the alleged offender. Such civl action may be supported by a preponderance of evidence.
Upon the defendants motion, the court may require the plaintiff to file a bond to indemnify the defendant in case the complaint
should be found to be malicious.
If during the pendency of the civil action, an information should be presented by the prosecuting attorney, the civil
action shall be suspended until the termination of the criminal proceedings.

Rule if no Independent Civil Action is granted
Art. 35 does not cover an independent civil action. What is covered in the article is a situation where the act or acts
committed constitute a criminal offense but there is no independent civil action authorized by the Civil Code or any special law. The
offended party is allowed to file a civil action for damages against the offender.
Covers situations where:


(1) The judge who is authorized to conduct preliminary investigation dismisses the criminal case for lack of reasonable
ground to hold the accused for trial
(2) When public prosecutor fails to institute criminal case against the alleged offender.
Art. 36. Prejudicial questions, which must be decided before any prosecution may be instituted or may proceed, shall be
governed by rules of court which the Supreme Court shall promulgate and which shall not be in conflict with the provisions of
this Code.

Definition of Prejudicial Question
A prejudicial question is one based on a fact distinct and separate from the crime but so intimately connected with it that
it determines the guilt or innocence of the accused, and for it to suspend the criminal action, it must appear not only that the said
case involves facts intimately related to those upon which the criminal prosecution would be based but also that in the resolution of
the issue or issues raised in the civil case, the guilt or innocence of the accused would be necessarily determined.
Other definitions:
A prejudicial question is that which arises in a case, the resolution of which question is a logical antecedent of the issue
involved in said case, the cognizance of which pertains to another tribunal.
A prejudicial question is one which must be decided first before a criminal action may be instituted or may proceed
because a decision therein is vital to the judgment in the criminal case.
Even if only one court is involved, principle is applicable

Even if only one court is involved, the principle of prejudicial question is applicable before which the civil action and the
criminal action are to be litigated. In such case, the court when exercising jurisdiction over the civil action is considered distinct and
different from itself when trying the criminal action. (Merced vs Diez)
Rationale
The reason behind the principle of suspending a criminal case in view of a prejudicial question is to avoid two conflicting
decisions. Two conflicting decisions will cause absurdity, damage the image and integrity of the courts, and more the accused will
be placed at a great disadvantage. (Te vs CA)
Requisites of a Prejudicial Question

(a) the civil case involves facts intimately related to those upon which the criminal prosecution would be based;
(b) in the resolution of the issue or issues raised in the civil actions, the guilt or innocence of the accused would
necessarily be determined;
(c) jurisdiction to try said question must be lodge in another tribunal. (People vs Consing)
[Note] Neither is there a prejudicial question if the civil and criminal action can, according to law, proceed independently
of each other.
Elements of Prejudicial Question

The 2000 Revised Rules of Court provides the following elements of a prejudicial question:
(a) the previously instituted civil action involves an issue similar or intimately related to the issue raised in the
subsequent criminal action, and
(b) the resolution of such issue determines whether or not the criminal action may proceed.
Test to determine the existence of a prejudicial question
It must appear that the civil case does not only involve the same facts upon which the criminal prosecution is based but
also that the resolution of the issues raised in said civil action would necessarily be determinative of the guilt or innocence of the
accused. (Yap vs Paras)
Cases:
1. A is married to B. During their marriage, A (the husband) married C. B filed a case for bigamy against A while A filed for
annulment of his marriage with C on the ground that he was merely forced by C to marry her. Here, there exists a
prejudicial question in the civil action for if the annulment case of A succeeds, he has no second marriage under which he
may be chaged with bigamy.
2. A civil action annulling a marriage of a woman against her abductor-rapist is prejudicial as a valid marriage may constitute
a defense or mode of extinction of criminal case under Art. 344.
[Note] The mere fact that there are actions to annul the marriage/s entered into by the accused does not necessarily
mean there is already a prejudicial question. It depends upon who filed the annulment case and on what ground it is based on.
Also, the accused cannot use his own wrong as a shield against his own prosecution. A person should not benefit from his
own wrong.
Where and When to File Petition for Suspension

The petition for the suspension of the criminal action based on the existence of a prejudicial question may be filed


(1) before the Office of the Prosecutor (or Municipal Judge) during the pendency of the preliminary investigation;
(2) before the trial court but before the prosecution has rested its case. Otherwise, the right to file the petition is
foreclosed.
If respondent/defendant failed or forgot to raise the question in the preliminary investigation stage, he may still raise it
before the trial court at the appropriate time.
[Note] The petition for suspension due to a prejudicial question may be raised at any time during preliminary
investigation and during trial before the prosecution has rested its case. The accused and his counsel should be vigilant enough as
to know the propriety and timeliness of the petition for suspension based on the prejudicial question.
If there is a previously filed civil action which constitutes a prejudicial question in an intimately related criminal action, but
the same is never invoked for the suspension of the latter action, thus, the possibility may arise that the accused may get convicted
of the crime charged and yet may be the winner in the civil action. For this, he may suffer from the inconsistencies of the judgment.
He only has himself to blame for the lack of vigilance.
Principle of Prejudicial Question May Apply to Administrative Cases

The principle was made applicable in a civil case entangled with an administrative case.
No Prejudicial Question in Independent Civil Actions

Independent civil actions are not prejudicial questions to the criminal cases to which they are related.
Party Who can Invoke Prejudicial Question

It is the defendant who can invoke or seek the suspension of the criminal case due to the existence of a prejudicial
question and not the prosecutor especially after he had presented the evidence of the prosecution. It is unfair to the accused who is
entitled to a speedy trial.
May a Prejudicial Question Be Waived

Yes, but it can only be waived by the accused. After all, the doctrine of waiver is made solely for the benefit and
protection of the individual in his private capacity, if it can be dispensed with and relinquished without infringing on any public right
and without detriment to the community at large.
Book I. Persons
Title I. Civil Personality
Chapter 1
GENERAL PROVISIONS
Person, defined
A person refers to any being, whether natural or artificial susceptible of legal rights and obligations. There are two
classifications:
(a) natural person which refers to human beings, and
(b) juridical person which refers to entities created by law
Natural persons are visible products of procreation while artificial persons are invisible products of legal fiction. The
former have physical existence while the latter have none, existing only in contemplation of law.
Personality, defined
The embodiment of a collection of qualities in a person. The quality of being a person.
Kinds of Personalities
A person may pass three stages of personalities:
(a) presumptive or provisional that is, while in the womb of the mother;
(b) actual personality after becoming a person
(c) artificial personality after death.
[Note] Estates of the deceased persons are considered artificial persons.
Status, defined
The position of an individual in relation to another or others; a state or condition of affairs; the standing of a person
before the law. Status means state or condition; social position. The legal relation of an individual to the rest of the community. The
rights, duties and incapacities which determine a person to a given class.
Art. 37. Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost
only through death. Capacity to act, which is the power to do acts with legal effect, is acquired and may be lost.


Definition of Terms
Juridical capacity must be distinguished from capacity to act:
(a) Juridical capacity is inherent in every human being (not in artificial persons) while capacity to act is not; the latter is
merely acquired upon fulfillment of certain conditions fixed by law;
(b) Juridical capacity is the capacity to be the subject of legal relations, whereas capacity to act is the capacity to do
acts with binding or legal effect;
(c) Juridical capacity can exist without capacity to act; but capacity to act cannot exist without juridical capacity;
(d) Juridical capacity is lost only through death, whereas capacity to act may be lost through grounds other than death.
Presumption in favor of capacity to act

A persons capacity to act is presume if he had not been previously declared incapacitated and the presumption continues
until the contrary is prove.
Full Civil Capacity or Plena Capacidad Civil

A person is considered to have full capacity if he has both juridical capacity and capacity to act.
Art. 38. Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are mere restrictions
on capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts or
from property relations, such as easements.

Restrictions on Capacity to Act; not Limitative
While a person may have capacity to act, he may have restriction. The article mentions 6 restrictions:
(1) minority;
(2) insanity
(3) imbecility
(4) deaf-mutism
(5) prodigality
(6) civil interdiction
Minors
Restrictions on minors:
1. He cannot enter into a valid marriage contract.
2. He cannot adopt.
3. He cannot make wills.
4. He cannot be a witness to a will.
5. He cannot give consent to a contract.
6. He cannot act as an executor or administrator of an estate
7. He cannot exercise the right of suffrage.
Still liable in the following:

1. He is liable for his torts and quasi-delicts. Liability is not punishment but compensation.
2. He is liable for the necessaries sold and delivered by him.
3. He is bound in contracts entered into in his behalf with judicial authorization.
4. A minor is estopped from disavowing his contract is he misled the other party by pretending to be of legal age in a
deed of sale duly notarized.
Insanity
This is the legal term for mental disorder. It is a manifestation, in a language or conduct, of disease or defect of the
brain, or more or less permanently diseased or disordered condition of the mentality, function or organize, characterized by
perversion, inhibition, or disordered function of the sensory or of the intellective faculties.
Restrictions:
1. He cannot make a valid will.
2. He cannot validly give consent to contracts.
3. He cannot act as an executor or administrator of an Estate.
Imbecility
Imbecility is not insanity. Imbecility is mental deficiency or mental retardation.
Different degrees of feeble-mindedness:

1. idiocy
2. imbecility
3. moronity
Deaf-Mutism
A person who can either hear or speak suffers from deaf-mutism or is deaf and dumb.


Restrictions:
1. He cannot give consent to contracts if he does not know how to read and write.
2. He cannot personally accept or repudiate inheritance if he does not know how to read and write. If through his
guardian, he can.
3. He cannot be a witness to a notarial will if he does not know how to read and write but he can make a will under
conditions provided by law.
4. He cannot be naturalized.
Prodigality
A prodigal or spendthrift is a squanderer of his money and property without regard to the needs and future of his family
which he is bound to protect and support under the law. The act of prodigality must show a morbid mind and disposition to spend
or waste his estate so as to expose his family to want or to deprive his forced heirs of their inheritances.
There is no known provision of law which specifically incapacitates a prodigal but if he is placed under guardianship, his
capacity to act will be restricted as he could only act with binding effect through his guardian.
Civil Interdiction
This is a mandatory accessory penalty deemed imposed whenever the sence rendered is within the range of reclusion
temporal to death, if the latter is not executed by reason of commutation or pardon.
Restrictions:
1. The convict during the time of his sentence is deprived of:
(a) parental authority or guardianship over the person or property of his children or ward;
(b) marital rights or authority;
(c) management of his proper by act or conveyance inter vivos;
2. The offender cannot enter into a marriage settlement, without the assistance of a competent guardian appointed by
court.
Minors, Imbeciles or Insane Persons, Not Exempt from Liability

If the minor or insane person causing damage has no parents or guardians, the minor or insane person shall be
answerable with his own property in an action against him where a guardian shall be appointed.
Art. 39. The following circumstances, among others, modify or limit capacity to act, age, insanity, imbecility, the state of being a
deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency and trusteeship. The consequences of these
circumstances are governed in this Code, other codes, the Rules of Court, and in special laws. Capacity to act is not limited on
account of religious belief of political opinion.
Art. 38 and Art. 39, Distinguished

Art. 39 is broader than Art 38 for while article 38 refers to restrictions on capacity to act, article 39 includes not only the
restrictions or limitations but also those circumstances that modify capacity to act.
For instance, according to the Code Commission, a father has generally full civil capacity and is not restricted under article
38. However Under art. 39, because he is a father, his capacity to alienate his property is modified in the sense that he cannot
impair the legitime of his compulsory heirs.
Modifying or Limiting Capacity to Act

(1) age
(2) insanity
(3) imbecility
(4) deaf-mute
(5) penalty
(6) prodigality
(7) family relations
(8) alienage
(9) absence
(10) insolvency
(11) trusteeship.
Enumeration is not exclusive

The enumeration listed in Art. 39 are just among others implying that they are not exclusive or limitative.
Penalty
Certain penalties imposable in crimes restrict or modify a persons capacity to act. Thus penalties of perpetual or
temporary absolute disqualification have their effect to deprivation of the office or employment; deprivation of the right to vote, etc.
Family Relations
Art. 150 of the Family Code defines Family Relations as:
1. between husband and wife;


2. between parents and children;
3. among other ascendants and descendants; and
4. among brothers and sisters, whether of the full or half blood.
Instances of Restrictions:
1. A person cannot file a complaint against a close family relative without contemplation of Art. 150, without having
first exerted efforts towards a compromise agreement. Otherwise, the complaint is dismissible.
2. Relatives who fall under Art. 37 of the Family Code cannot marry each other.
3. Husband and wife cannot donate properties to each other, except moderate gifts in time of family rejoicing (Art. 98
and 125, FC)
4. Spouses cannot testify against each other, descendant cannot be compelled to testify against his parents and
grandparents.
Alienage
This is a state of being an alien or foreigner.
Restrictions:
1. Aliens cannot exercise political rights.
2. They cannot acquire lands except through succession.
3. They cannot operate public utilities.
4. They cannot engage in coastwise trade.
5. They cannot practice some professions exclusive to Filipinos such as the practice of law and medicine.
6. They cannot own and manage mass media.
7. They cannot engage in retail trade
Absence
A person may be declared an absentee by a court upon proper petition of qualified persons, when his whereabouts are
unknown for a certain number of years either 2 years of 5 years.
Restrictions:
1. if the absentee is declared dead and his spouse remarried, the subsequent marriage supersedes the previous
marriage.
2. If the absentee has been absent for at least 10 years, his heirs may deivide the estate among themselves.
Insolvency
Insolvency is that condition whereby a mans assets, if all made immediately available, would not be sufficient to
discharge his obligations or liabilities. In other words, his obligations are more than his assets.
Restriction;
If an assignee has been appointed by the court, the insolvent could no longer dispose of his property as the assignee
takes over the management and control over the property as representatives of the creditors.
Trusteeship
This is a legal relationship concerning property which obliges the person holding it to deal with the property for the
benefit of another.
Characteristics of Trust
1. A relationship fiduciary in character
2. a relationship with respect to property and not one involving merely personal duties;
3. the existence of equitable duties imposed upon the holder of anothers property; and
4. it arises as a result of a manifestation of intention to create the relationship.
Restrictions:
1. A trustee cannot acquire by prescription the property he holds under express trust for another unless he repudiates
the trust;
2. A trustee cannot appropriate for himself the property under trust which he merely holds for the benefit of another;
3. A trustee is not allowed to become the buyer of the trust property;
4. If the trust is express, the trustee is restricted by the provisions of the trust agreement and the law.

Chapter 2
Natural Persons
Art. 40. Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it,
provided it be born later with the conditions specified in the following article.

Beginning of Personality


Personality does not begin at birth; it begins at conception. This personality at conception is called presumptive
personality. It is of course essential that birth should occur later, otherwise the foetus will be considered as never having
possessed legal capacity.
From of course, another viewpoint, we may say that personality, actual personality, begins at birth for conception may
already be considered as birth in certain cases as that implied in Art. 41.
Personality Springs From Birth

To be considered born, a foetus must be completely delivered from the mothers womb which delivery could either be
natural or artificial. Although a foetus is not a person before it is actually born, nevertless, because of the expectancy that it be
born, the law grants it certain rights conditioned however to its being born alive.
Conception, its meaning

It means the beginning of pregnancy.
Presumptive or Presumed Personality of an Unborn Child

The presumptive or presumed personality accorded to an unborn child is conditional and for limited purposes only. This is
also known as provisional personality.
Elements of Presumptive Personality:

(a) Conditional presumed personality will be perfected only if the foetus is born alive; if not, the foetus would not
attain the status of a person.
(b) Limited the presumption is only for purposes favorable to the foetus; if unfavorable, the child, even if born alive, is
not bound for acts done without its consent which obviously it could not give.
Entitlement of an Unborn Child

A conceived unborn child is entitled to:
1. inherit by will or by intestacy;
2. recepient to donations that are not burdensome
3. filiation can be recognized by its parents even before its birth;
Aborted Foetus is Without Personality

A foetus which was aborted by a doctor is not a person under the law and the doctor may be held liable for moral
damages (distress, disappointment of parental expectation) and to exemplary damages, if warranted but not to actual damages
(injury to rights of the deceased, his right to life and physical integrity). The unborn foetus has not been endowed with personality.
(Geluz vs CA)
Art. 41. For civil purposes, the foetus is considered born if it is alive at the time it is completely delivered from the mothers
womb. However, if the foetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-
four hours after its complete delivery from the maternal womb.

Two Kinds of Children
(1) Ordinary with an intra-uterine life of at least seven months. Mere birth is sufficient here.
(2) Extraordinary if the intra-uterine life be less than seven months. Here, the child must have lived for at least 24 hours
after its complete delivery from the maternal womb.
[Note] The term extraordinary is used here instead of premature for while a child with an intra-uterine life of eight
months is still considered premature, it is for the purpose of this article considered an ordinary child.
When a Child is Considered Born

A child is considered born from the moment of (a) its total separation from the mothers womb and (b) is born alive,
which means that it has acquired complete respiration.
Except:
When the foetus has an intra-uterine life of less than seven months, it is not considered born unless it survives for at
least twenty-four hours.
If the foetus had an intra-uterine life of at least seven months, it is considered born even it survives only for a few
minutes.
Concept of Birth in Medicine and Law

In medicine, birth is the entire delivery of a child with or without its separation from the body of the mother. It is not
necessary that the cord should have been cut or the placenta expelled. It is the cessation of the symbiotic relation between the
mother and the foetus. [Note] In law, there must be total/complete separation for the child to be considered born.
Full-term Baby, Meaning

A baby less than 2,500 grams (American) or 2,275 grams (Filipino) is premature. A baby then, if it weighs more than
2,275 grams (Filipino) even if it is born before the thirty-seventh week which is less than 9.3 months, is considered a full-term baby.
In Possee; In Esse


A foetus or conceived child not yet born is said to be in possee; once it is born, it is in esse.
Still birth, definition

There is still-birth when the child has not breathed or has not shown any sign of life after being completely separated
from the mothers womb.
Proofs of Live Birth, Enumeration

The following are proofs of live birth:
(1) Presence of heart action and circulation presence of heart sounds when newborn is examined by means of
stethoscope
(2) Movement of the child and crying
(3) Presence of respiration
a. There is aching of the chest;
b. Fall of the level of the diaphragm;
c. Expansion of the lungs
Burden of Proof
Te burden of proof rests on the one who alleges that the child was alive when born.
Twenty-four Hours of Existence

Any foetus having human features which dies after twenty-four hours of existence shall be entered in the proper civil
register as having been born and having died.
Art. 42. Civil personality is extinguished by death. The effect of death upon the rights and obligations of the deceased is
determined by law, by contract and by will.

Effect of Death on Personality
Death extinguishes personality.
Although personality is extinguished, the rights and obligations of the deceased are not necessarily extinguished. His
rights and obligations shall be determined by:
a. the law;
b. contracts he entered into;
c. the will he made, if any.
[Note] In this instance, the law speaks of physical death rather than civil death caused by civil interdiction or for the
taking of religious profession. Physical death is the cessation of life; or the total stoppage of the circulation of the blood and a
cessation of the animal and vital functions consequent thereon.
Instances of Effects of Death

1. Death dissolves marriage
2. Successional rights are transmitted from the moment of death of the decedent;
3. Death of a parent permanently terminates parental authority
4. Death of a partner dissolves partnership
5. Death of a spouse terminates community or conjugal partnership of gains
6. Death of a principal or agent terminates contract of agency;
7. Death terminates criminal liability
8. A summons and complaint addressed to a dead person is void
Status of the Estate of a Dead Person; Continuation of Personality

For certain purposes like settlement of an Estate where some credits have to be collected and some obligations have to
be paid, the estate of a dead person is considered as a continuity of the personality of the deceased. The said estate can sue and
be sued.
[Note] Rights and obligations which survive after death have to be exercised and fulfilled only by the estate of the
deceased. As such, a child is not obligated to carry on the obligation of his parent, like a debt?
Is a Persons Estate a Person by Itself?

The estate of the decedent is by law regarded as a person (Billings vs State), and that it is a person that may continue
the personality of the deceased for the purpose of settling debts. (Limjuco vs Estate of Pedro Fragante)
Art. 43. If there is a doubt, as between two or more persons who are called to succeed each other, as to which of them died first,
whoever alleges death of one prior to the other, shall prove the same; in the absence of proof, it is presumed that they died at
the same time and there shall be no transmission of rights from one to the other.

Evidence vs Presumption on Survivorship


The Civil Code and the Rules of Court provide for presumptions of survivorship. The presumptions are rebuttable and if
there is evidence or fact to the contrary, the evidence controls.
Presumption on Survivorship, the Rule under the Civil Code

If there is doubt, as between two or more persons who are called to succeed each other, as to which of them died first,
whoever alleges the death of one prior to the other shall prove the same. Preponderance of evidence is the rule.
However, if there is no proof as to who died first, the presumption operates and the presumption is that the parties died
at the same time. In addition, the law makes it clear that there shall be no transmission of rights from one to the other. In other
words, there is no succession between the two of them. But their respective heirs will inherit from them.
Presumption on Survivorship, When applicable

The presumption on survivorship applies only if the following conditions are present:
1) The parties are heirs to one another such as father and son
2) There is no proof that one died ahead of the other, such as when an airplane exploded with no survivors.
Presumption under the Revised Rules of Court

The Revised Rules of Court provide for a rule of disreputable presumption on survivorship in which the survivorship is
determined from the probabilities resulting from strength and age of sexes:
1. If both were under fifteen years of age, the older one is deemed to have survived;
2. If both were above the age of sixty, the younger is deemed to have survived;
3. If one is under fifteen and the other above sixty, the former is deemed to have survived;
4. If both be over fifteen and under sixty, and the sex be different, the male is deemed to have survived; if the sex is
the same, the older;
5. If one be under fifteen or over sixty, and the other between those ages, the latter is deemed to have survived;
[Note]
These presumptions are applicable only if
(a) uncontradicted, but may be contradicted and overcome by other evidence;
(b) not for purposes of succession, otherwise, Art. 43 of the NCC will govern.
Condition Who survived

Both under 15 Older one survived
Both over 60 Younger one survived
Under 15 vs Over 60 Under 15
In between fifteen to sixty:
a. male vs female male
b. both male older
Under 15/Over 60 vs In between In between
Art. 44. The following are juridical persons:

(1) The State and its political subdivisions;
(2) Other corporations, institutions and entities for public interest or purpose, created by law; their personality begins as
soon as they have been constituted according to law;
(3) Corporations, partnerships and associations for private interest or purpose to which the law grants a juridical
personality, separate and distinct from that of each shareholder, partner or member.

Juridical person, concept
A juridical person is a being of legal existence, susceptible of rights and obligations, or of being subject of juridical
relations. (Sanchez Roman) A juridical person is an abstract being, formed for the realization of collective purposes, to which the
law has granted capacity for rights and obligations.
[Note] Not all associations of persons for a collective purpose are juridical persons. Only those which are recognized by
law and granted with capacity for rights and obligations are considered juridical persons.
Classification of Juridical Persons

(a) The State and its political subdivisions, which include the provinces, cities and municipalities. Barangays are now the
smallest political units of the State.
(b) Juridical persons for public purposes
(c) Juridical persons for private purposes
Juridical Persons, Existence

(a) A state is a community of persons, more or less numerous, occupying a fixed territory and possessed of an
independent government organized for political ends to which the great body of inhabits render habitual obedience.
Reckoning point = the exercise of sovereignty.


(b) Juridical persons for public purposes are created by law. Reckoning point = date provided in law. i.e. date of charter
is the date of creation of city.
(c) Juridical persons for private purposes exist in accordance with the law governing their creation. As such, corporation
= issuance of the certificate of registration by the Securities and Exchange Commission and a partnership =
execution
State Public Corporations Private Corporations

Existence Exercise of sovereignty Created by law Upon compliance with law
Governing Law a. Government = Constitution Charter Corporation Code
b. LGU = LGU Code,
Administrative Code, etc.
Corporation, Definition
A corporation is an artificial being created by operation of law, having the right of succession and the powers, attributes
and properties expressly authorized by law or incident to its existence.
Classes of Corporation
Some classifications of corporation:
(a) In relation to State
1. Public corporations
2. Private corporation
(b) As to the number of persons composing them

1. aggregate corporation
2. sole corporation
(c) As to their purposes
1. spiritual, religious and lay
2. public and private
(d) As to their legal existence or status
1. de jure corporations
2. de facto corporations
3. corporations by estoppel
4. corporations by prescription
(e) As to place of incorporation
1. domestic corporations
2. foreign corporations
(f) As to ownership of capital stock
1. stock corporations
2. non-stock corporations
Corporate Legal Fiction

A corporation enjoys a legal personality distinct and independent of the personality of the persons constituting it.
Generally, the liability of the corporation is not the liability of the incorporators. The veil of corporate personality however could be
pierced under certain circumstances, such as if the veil of corporate entity is used as a shield to perpetrate fraud or confuse
legitimate issues.
Partnership, Definition
In a partnership, two or more persons enter into a contract binding themselves to contribute money, property or industry
to a common fund, with the intention of dividing the profits among themselves. Partnership begins the moment of the execution of
the contract.
Art. 45. Juridical persons mentioned in Nos. 1 and 2 of the preceding article are governed by the laws creating and recognizing
them.
Private corporations are regulated by laws of general application on the subject.
Partnerships and associations for private interest or purpose are governed by the provisions of this Code concerning
partnerships.

Determination of Nationality of Private Corporations
It is determined by the character or citizenship of its controlling stockholders. A corporation which was organized here
and is controlled by American stockholders, is an American corporation.
[Note] Until organized, a corporation has no life and therefore no faculties.
Corporation by estoppel
Sec. 21 of the Corporation Code provides that a corporation by estoppel is when all persons who assume to act as a
corporation knowing it to be without authority to do so shall be liable as general partners for all debts, liabilitis and damages


incurred or arising as a result thereof; provided however, that when any such ostensible corporation is sued on any transaction
entered by it as a corporation or on any tort committed by it as such, it shall not be allowed to use a defense its lack of corporate
personality.
Art. 46 Juridical persons may acquire and possess property of all kinds, as well as incur obligations and bring civil or criminal
actions, in conformity with the laws and regulations of their organization.

Rights and Privileges of Juridical Persons
Juridical persons cannot stand on the same footing as natural persons, as natural persons have more rights. But they
have:
(a) the right to acquire and possess property
(b) they can also incur obligations
(c) can be sued and sue
(d) file civil actions and certain criminal cases for the protection of their rights and interests
Mere formation of a group does not create a Corporation

A group of persons who claim to be a corporation cannot be considered as such if it has no articles of incorporation
registered with the Securities and Exchange Commission. Being non-existing, it cannot sue. The mere formation of the group does
not corporate life to it.
Art. 47. Upon the dissolution of corporations, institutions and other entities for public interest or purpose mentioned in No. 2 of
Article 44, their property and other assets shall be disposed in pursuance of law or the charter creating them. If nothing has
been specified on this point, the property and other assets shall be applied to similar purposes for the benefit of the region,
province, city or municipality which during the existence of the institution derived the principal benefits from the same.

Article 47 is Applicable only to Juridical Persons Created by Law for Public Interest or Purpose
This article is applicable only to corporations, institutions and other entities for public interest or purpose.
Dissolution of Juridical Persons

While natural persons lose their personality by death, juridical persons lose theirs by dissolution.
Causes for Dissolution of Corporations

Corporations may be dissolved either voluntarily or involuntarily.
Voluntary Dissolution
a. Where no creditors are affected
Dissolution may be effected:
1. by majority vote of the board of directors or trustees; and
2. by resolution adopted by the affirmative vote of the stockholders owning at least 2/3 of the outstanding capital stock
or of at least 2/3 of the members at a meeting to held on the call of the directors or trustees after:
- publishing the notice of the time and place and object of the meeting for three (3) consecutive weeks in a
newspaper published in the place where the principal office of said corporation is located;
- and if no newspaper in such place, at least in a newspaper of general circulation and after sending such
notice to each stockholder or member either by registered mail or by personal delivery at least thirty (30)
days prior to said meeting
- a copy of the resolution authorizing the dissolution shall be certified by a majority of the board of directors
or trustees and countersigned by the secretary of corporation.
b. Where creditors are affected
1. Where creditors are affected, a petition for dissolution of corporation shall be filed with the Securities and
exchange commission.
2. The petition shall be signed by a majority of its board of directors or trustees or other officers having the
management of its affairs, verified by its president or secretary or one of its directors or trustees and shall
set forth all claims and demands against it
3. Its dissolution was resolved upon by the affirmative vote of the stockholders representing at least 2/3 of
the outstanding capital stock or by at least 2/3 of the members at a meeting specifically called for that
purpose;
4. If the petition is sufficient in form and substance, the Commission by an order reciting the purpose of the
petition, shall fix a date on or before which objections thereto may be filed by any person which date shall
not be less than 30 days nor more than 60 days after the entry of order.
5. Before such date, a copy of the order shall be published at least once a week for three (3) consecutive
weeks in a newspaper of general circulation published in the municipality or city where the principal office
of the corporation is situated; or if there is no such newspaper, a newspaper of general circulation in the
Philippines, and a similar copy shall be posted for 3 consecutive weeks in three public places in said
municipality or city;
6. Upon five days notice given after the date on which the right to file objections as fixed in the order has
expired, the Commission shall proceed to hear the petition and try any issue made by objections filed; and
if no such objection is sufficient, and the material allegations of the petition are true; it shall render


judgment dissolving the corporation and directing such disposition of its assets as justice requires and may
appoint a receiver to collect such assets;
c. Dissolution by Shortening Term
A dissolution may be effected by amending the articles of incorporation to shorten the corporate term pursuant
to the provisions of this Code.
Involuntary Dissolution
A corporation may be dissolved by the Securities and Exchange Commission upon filing of a verified complaint and after
proper notice and hearing on grounds provided by existing laws, rules and regulations.
Winding up vs Dissolution
Dissolution is different from the winding up or liquidation of the corporation. After the dissolution of the corporation, it
shall nevertheless continue as a body corporate for three years for the purpose of prosecuting and defending suits by or against it
and to enable it to settle and close its affairs.
Winding up is the process of settling business affairs after dissolution such as payment of previous obligation and
collecting of assets previously demandable. Termination is the last stage which is the time after all the partnership affairs have been
wound up.
How Assets are Disposed Of

Upon dissolution, the property and assets of juridical persons shall be disposed of in accordance with the law or charter
creating it.
If nothing is specified, the property and assets shall be applied for the public purposes for which they were created, for
the benefit of the region province, city or municipality where the entities derived their principal benefits during its existence.
Title II
CITIZENSHIP AND DOMICILE
Citizenship, Definition
This is the persons status or character of being a citizen of a given state or country to which he owes permanent
allegiance and is entitled to its protection.
[Note] In civil and private international law, citizenship and nationality have the same meaning.
Nationality vs Citizenship
Citizenship is a political reference to the person; nationality is a reference to his racial or ethnic background.
Kinds of Filipino citizens

There are five kinds of Filipino citizens:
1. Natural born Filipino citizen is one who is a Filipino from birth and does not have to perform any act to acquire his
Philippine citizenship.
[Note: this must be distinguished from a native born Filipino who is born in the Philippines. A
natural born Filipino may be born in a foreign country of Filipino parents.
2. Naturalized Filipino citizen
3. Filipino citizen by election
4. Filipino citizen by legislative act
5. Filipino citizen by marriage
Nationality of Illegitimate Child of Filipino Mother and an Alien Father

The Philippines adheres to the rule of private international law that the illegitimate child of a Filipino mother with a
foreigner is a Filipino citizen. ( US vs Ong Tianse)
Citizenship of an Alien Woman Married to a Filipino Citizen

An alien woman married to a Filipino citizen becomes ipso fact a Filipino citizen, provided that she is not disqualified to be
a citizen of the Philippines.
Stateless Person, Definition

A stateless person is one who is without a country to which he owes permanent allegiance and from which he is entitled
to protection. This situation may arise when:
1. When a person may have been born in a country which recognizes only the principle of jus sanguinis, of parents
whose law recognizes only jus soli. As a result, he is netiher a citizen of the country where he was born, nor a citizen
of the country of his parents.
2. When a person is deprived of his citizenship because of tumultuous political events in his country, like the loss of the
citizenship of Russian emigrants due to a Soviet decree.
3. When a person had renounced his nationality without acquiring any one
4. When a person is deprived of his citizenship by the law of his country for committing certain acts like serious crimes


Personal law of Stateless Persons

The personal law of stateless persons which will govern their civil status and legal capacity shall be determined:
1. By the law of domicile (habitual residence);
2. In default thereof, by the law of the place of his temporary residence.
Theories Determinative of Citizenship

There are two theories:
1. Jus Sanguinis citizenship is conferred by virtue of blood, i.e. Philippines
2. Jus Soli citizenship is conferred by virtue of place of birth, i.e. America
Dual Citizenship
When there is a concurrent permanent allegiance to two countries, dual citizenship results.
Derivative Citizenship
The unmarried child, whether legitimate, illegitimate or adopted, below eighteen (18) years of age, of those who
reacquired Philippine citizenship upon effectivity of this Act shall be deemed citizens of the Philippines. (Sec. 4 of the Dual
Citizenship Law.
Art. 48. REPEALED by the 1973 and 1987 Constitution

Art.6, Sec. 1. The following are citizens of the Philippines:
1. Those who are citizens of the Philippines at the time of the adoption of this Constitution.
2. Those whose fathers or mothers are citizens of the Philippines.
3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age
of majority;
4. Those who are naturalized in accordance with law;

Art. 49. Naturalization and the loss and reacquisition of citizenship of the Philippines are governed by special laws.

Naturalization Laws
1. Commonwealth Act No. 63, provided the manner and procedure of losing and reacquiring Philippine citizenship.
2. Commonwealth Act No. 473 Revised Naturalization Law, is the subsequent special law on naturalization providing
for the qualifications and special qualifications needed to become a Philippine citizen; as well as enumerating
persons disqualified to become Philippine citizens.
Naturalization, Concept
Naturalization is the process of acquiring the citizenship of another country through procedures authorized in said
country:
a. the process could be judicial in which formalities of the law require judicial hearing and approval
b. process could be non-judicial such as by marriage to a citizen of a foreign country or the exercise of option to elect a
specific citizenship
c. process could be by legislative such as by presidential decrees issued by President Marcos or by act of Congress.
Naturalization Proceeding is in Rem

Being a proceeding in rem, publication is required before the court could acquire jurisdiction over the whole world, which
would be bound by the decision. Publication must be done in the Official Gazette and a newspaper of general circulation.
Qualifications for Naturalization in the Philippines

1. He must not be less than 21 years of age at the time of the hearing of the petition.
2. He must have resided in the Philippines continuously for at least ten years;
3. He must be of good moral character and believes in the principles of the Constitution and conduct himself in a
proper manner
4. He must own real estate in the Philippines not less than five thousand pesos, or have lucrative trade, profession or
lawful occupation;
5. He must be able to speak and write English or Spanish or any of the principal languages;
6. He must have enrolled his minor children of school age, in any of the public schools or private schools recognized by
the Office of the private Education of the Philippines where, Philippine history
Disqualifications for Naturalization in the Philippines

1. Persons opposed to organized government or affiliated with any association or group of persons who uphold and
teach doctrines opposing all organized governments;
2. Persons defending or teaching the propriety of violence, personal assault, or assassination for the success and
predominance of their ideas;
3. Polygamists or believers in the practice of polygamy;
4. Persons convicted of a crime involving moral turpitude;
5. Persons suffering from mental alienation or incurable contagious disease;


6. Persons who, during the period of their residence in the Philippines, did not mingle socially with Filipinos or evinced
a sincere desire to learn and embrace the customs, traditions and ideals of Filipinos.
7. Citizens or subjects of nations with whom the United States and the Philippines are at war;
8. Citizens or subjects of a foreign country whose laws do not grant Filipinos the right to become naturalized citizen.
Denaturalization
An alien citizen who has been naturalized can be deprived of the citizenship granted him through naturalization for causes
provided by law.
Art. 50. For the exercise of civil rights and the fulfillment of civil obligations, the domicile of natural persons is the place of their
habitual residence.

Domicile; Meaning
Domicile means permanent home, the place to which, whenever absent for business or pleasure, one intends to return
and depends on facts and circumstances in the sense that they disclose intent.
Domicile, Two Requisites

1. The fact of residing or personal presence in a particular place;
2. The intention to remain in said place permanently (animus manendi);
Residence vs Domicile
When a persons residence is not his habitual residence, then residence is different from domicile. Thus, a man may have
a residence in one place and a domicile in another.
Both terms imply relations between a person and a place; but in residence, the relation is one of fact, while in domicile, it
is legal or juridical, independent of the necessity of physical presence. Just as the law recognizes persons and things which do not
materially exist, in the same manner it creates certain facts which are considered as such even if they are not; domicile is one of
these facts.
[Note] On the basis of certain circumstances, the law assumes for the exercise or the enforcement of certain rights, that
a person is in a particular place, whether or not he is actually there; that is domicile. A man may only have one domicile, but he
may have numerous residences.
Acquisition of New Domicile

Requisites:
1. Residence or bodily presence in the new locality;
2. Intention to remain there (animus manendi);
3. Intention to abandon the old domicile (animus non revertendi);
Art. 51. When the law creating or recognizing them, or any other provision does not fix the domicile of juridical persons, the
same shall be understood to be the place where their legal representation is established or where they exercise their principal
functions.

Domicile of Juridical Persons
The law of juridical persons are generally fixed in the law creating or recognizing them. If the domicile has not been fixed,
it is in the place where their legal representation is established or where they exercise their principal functions.
[Note] Domestic corporations are required to state in their articles of incorporation the place where their principal office is
located.

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Persons.

Civil Code, defined

Civil Code vs Civil Law

Four Original Members

Sources of the New Civil Code

Civil Code Divided into Four Books

Need for a Preliminary Title

a. An ordinary law, which includes:

b. The Civil Code

Publication through newspaper now allowed

Newspaper of General Circulation

When do laws become effective?

Published on August 1, 2010, will take effect 10 days after

Publication must be complete

Art. 3. Ignorance of the law excuses no one from compliance therewith.

Ignorance of law vs Ignorance of fact

Art. 3 is a legal consequence

The rule may be relaxed when

Rule applies only to Domestic Law, not Foreign laws

Reason behind rule against retroactivity

Statutes which may be exempt

Rule on Prospectivity applies to Judicial Decisions

Kinds of mandatory legislation

Violation of Mandatory and Prohibitory laws, Effect

Instances of Mandatory Provisions

Violation of Directory Laws, effect

Exceptions to Effect of Violation of Mandatory Law

Four Ways of Validating an Act or Contract Contrary to Mandatory Law

Right distinguished from Duty

General Classifications of Rights

As to passive subject of the right,

Rights as Classified Under the Constitution

Waiver of waivable rights

Requirements for a Valid Waiver

How laws lose their effectivity

Rules in Repeal of Law

Laws Conditions Rule

b. special law is enacted prior to Special law remain valid unless:

Revival of a Repealed Law, Conditions

Supremacy of the Constitution Over All Laws

Some grounds for declaring a law unconstitutional

How to attack the Constitutionality of a Law

Effect of an Unconstitutional Law

Operative Fact Doctrine

Constitutional Requirements for Validity of Decisions

Stare Decisis, Doctrine

Limitation to the Doctrine of Stare Decisis

Citation of Abandoned Decisions, Unethical

Obiter Dictum, concept

How judicial decisions may be abrograted

Opinions of Secretary of Justice or Other Executive Officials

Floresca vs Philex Mining

Filling Gaps in the Law Authorized, Limitations

Guidelines in Rendering Decision under Art. 9

Reason behind the Article

Some rules of statutory construction

Customs cannot Supplant Laws

Requisites before the Courts can Consider Customs

No judicial notice of customs, exception

General Principles of Law, Concept

Calendar month vs Legal Month

Exclude the First and Include the Last Day Rule

Computation of Period when Last Day Falls on a Sunday or Holiday

Meaning of Day Applied to the Filing of Pleadings