R.A.

386 (Civil Code of the Philippines - Artcile 1723)

1. 1. F R A N C I S E V A N B A C A N I N I C O L E B A L A A L D I A A P R I L A N N O C F E
M I A REPUBLIC ACT NO. 386 Article 1723
2. 2. REPUBLIC ACT NO. 386  An act to ordain and institute the Civil Code of the Philippines.
 It is the product of codification of private law in the Philippines.  Public law- deals with
issues that affect the general public or state, the society as a whole.  Private law- affects
the rights and obligations of individuals, families, businesses and small groups and exists to
assist citizens in disputes that involve private matter. Its scope is more specific than public
law.  Civil Code of the Philippines is the basic law governing persons and family relations,
property and property rights, ownership of modifications, the modes of acquiring ownership,
and the obligations and contracts.
3. 3. THE CIVIL CODE OF THE PHILIPPINES  HISTORY:  Influenced by the Spanish
‘Codigo Civil’, which was first enforced in 1889 in the Philippines.  Remain effective until
American occupation.  In 1940, Pres. Quezon formed a commission to draft a new Civil
Code, but the records were destroyed during the Japanese invasion.  In 1947, Pres. Roxas
created a new Code Commission.  The final draft was completed by December 1947.  It
was submitted in the Congress which enacted it into law through Republic Act 386. 
Enacted and signed in June 18, 1949  The code took effect in 1950
4. 4. THE CIVIL CODE OF THE PHILIPPINES  FEATURES:  Preliminary Title (Articles 1 –
36)  States the title itself, effects and application of laws.  BOOK I: Persons and Family
Relations (Articles 37 – 413)  Persons, marriage and legal separations, family relations 
BOOK II: Property and Property Rights (Articles 414 – 711)  Classes of property,
possession  BOOK III: Ownership (Articles 712 – 1155)  Servitude, modes of acquiring
ownership, succession
5. 5. PRELIMINARY TITLE CHAPTER 2: HUMAN RELATIONS A R T I C L E 3 2  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:
6. 6. ARTICLE 32: THE 19 RIGHTS (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;
7. 7. ARTICLE 32: THE 19 RIGHTS (8) The right to the equal protection of the laws; (9) The
right to be secure in one's 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;
8. 8. ARTICLE 32: THE 19 RIGHTS (13) The right to take part in a peaceable assembly to
petition the Government for redress of grievances; (14) The right to be a 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 the accusation against him, to have a speedy and public trial, to meet the
witnesses face to face, and to have compulsory process to secure the attendance of witness
in his behalf;
9. 9. ARTICLE 32: THE 19 RIGHTS (17) Freedom from being compelled to be a witness
against one's 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 unusual
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.
10. 10. ARTICLE 32 In any of the cases referred to in this article, whether or not the defendant's
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.
11. 11. THE CIVIL CODE OF THE PHILIPPINES  BOOK IV: Obligations and Contracts (Art.
1156 – 2270)  Title I. Obligations  Title II. Contracts  Title III. Natural obligations  Title IV.
Estoppel  Title V. Trust  Title VI. Sales  Title VII. Barter or exchange  Title VIII. Lease 
Title IX. Partnership  Title X. Loan  Title XI. Deposit  Title XII. Aleatory contracts  Title XIII.
Compromises and arbitrations  Title XIV. Guaranty  Title XV. Pledges  Title XVI. Mortgage
and antichresis  Title XVII. Extra-contractual obligations  Title XVIII. Damages  Title XIX.
Concurrence and Preference of credits
12. 12. THE CIVIL CODE OF THE PHILIPPINES Title VIII: Lease Chapter 1: General
Provisions Chapter 2: Lease of Rural and Urban Lands Chapter 3: Work and Labor •
Section 1: Household Service • Section 2: Contract of Labor • Section 3: Contract for a Piece
of Work ARTICLE 1723
13. 13. ARTICLE 1723 The engineer or architect who drew up the plans and specifications for a
building is liable for damages if within fifteen years from the completion of the structure, the
same should collapse by reason of a defect in those plans and specifications, or due to the
defects in the ground. The contractor is likewise responsible for the damages if the edifice
falls, within the same period, on account of defects in the construction or the use of materials
of inferior quality furnished by him, or due to any violation of the terms of the contract. If the
engineer or architect supervises the construction, he shall be solidarily liable with the
contractor.
14. 14. ARTICLE 1723 (cont.) Acceptance of the building, after completion, does not imply
waiver of any of the cause of action by reason of any defect mentioned in the preceding
paragraph. The action must be brought within ten years following the collapse of the building.
(n)
15. 15. T H A N K YO U ! 💕 ✏ 📖