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8th and 9th week
Civil Law
A. What is the Civil Code?
- the product of the codification of private law in
the Philippines. It is the general law that
governs family and property relations in the
Philippines. It was enacted in 1950, and remains
in force to date despite some
significant amendments.
B. What are the books of the Civil Code?
- Book I – Person and Family Relations
• Persons
• Marriage and Legal Separations
• Family Relations
- Book II – Property and Property Rights
• Classes of Property
• Possession
- Book III – Ownership
• Servitude
• Modes of Acquiring ownership
• Succession
- Book IV – Obligations and Contracts
• Obligations
• Contracts
• Special contracts encompass several
classes of contracts as trust, sales,
barter, lease, loan, deposit. Aleatory
contracts, compromises, guaranty
agency, pledges, mortgages, antichresis,
quas-contract, quiasi-delict, and
partnership.
- Book V – Torts and Damages
C. How do the laws take effect? Discuss
Article 2 of the Civil Code.
- Laws shall take effect after fifteen days
following the completion of their
publication in the Official Gazette, unless it
is otherwise provided. This Code shall take
effect one year after such publication.
D. Discuss Tanada V. Tuvera, 146 SCRA 446
(1986)
E. Discuss Article 3 of the Civil Code.
- “Article 3- Ignorance of the law excuses no
one from compliance therewith.”
F. What is the rationale of Article 3.
- Every person is presumed to know the laws,
and that it is an invalid defense in court that
one doesn’t know the existence of a law
punishing the act he/she may been
committed. It is our duty as citizen to know
the laws that governs us and to abide with
the laws.
- This is a necessary rule for all civilized
society. Otherwise it would be impossible to
enforce the law. It is very hard to determine
whether or not a person really does not
know the law. Without this rule, there
would be anarchy. The law sacrifices
occasional harshness to prevent universal
anarchy.
- Article 3 applies only to ignorance of
Philippine law. It does not apply to foreign
law. In Private International Law, foreign
law must be proven even if it is applicable.
Otherwise, the courts will presume the
foreign law to be the same as Philippine
law.
G. Discuss Article 4 of the Civil Code.
- “Article 4 -Laws shall have no retroactive
effect, unless the contrary is provided.”
H. Rationale of Article 4
- Lex de futuro judex de preterito (The
law provides for the future, the judge for
the past).
- Retroactive law – one which creates a new
obligation and imposes a new duty or
attaches a new disability with respect to
transactions or considerations already past.
- General Rule: law must be applied
prospectively.
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- Shows that it is concerned with or applying
the laws in future or at least from the date
of commencement of the statute.
I. Discuss the Article 5 of the Civil Code.
- “Article 5 -Acts executed against the
provisions of mandatory or prohibitory laws
shall be void, except when the law itself
authorizes their validity.”
- A mandatory law is one which prescribes
some element as a requirement
- General Rule: Acts which are contrary to
mandatory or prohibited laws are void.
J. Discuss the Article 6 of the Civil Code.
- “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.”
- What one can waive are rights and not
obligations. (Example, a creditor can waive
the loan but the debtor may not.)
- There is no form required for a waiver since
a waiver is optional. You can waive by mere
inaction, refusing to collect a debt for
example is a form of waiver.
K. What is a right?
- Rights are those that belong to every citizen
of the state and are not connected with the
organization or administration a right
recognized by law.
- Include the rights of property, marriage,
protection by law, freedom to contract, trial
by jury, and the like.
- These rights are capable of being enforced
or redressed in a civil in a court.
L. What is a waiver?
- The voluntary surrender of a known right,
conduct supporting an inference that a
particular right has been relinquished.
M. What are the requirements for a valid
waiver?
- Three essential elements of a valid waiver
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• Existence of right
• Knowledge of existence thereof
• An intention to relinquish such right
N. What are the kinds of repeal?
- Expressly
• By direct act of Congress
• If a law which expressly repeals a
prior law is itself repealed, the law
first repealed shall not be revived,
unless there is an express provision.
- Impliedly
• Occurring inconsistencies on all
points between a prior and a
subsequent law
• If a law which impliedly repeals a
prior law is itself repealed, the law
first repealed shall be revived, unless
there is an express provision.
O. Discuss the Article 8 of the Civil Code.
- “Art. 8. Judicial decisions applying or
interpreting the laws or the
Constitution shall form a part of the legal
system of the Philippines.”
- This is a new provision taken from common
law. Under the civil law tradition, the court
merely applies the law. However, since the
Philippine legal system is a combination of civil
law and common law, courts apply statutes as
well as resort to the doctrine of precedent.
P. What is a doctrine of stare decisis?
- enjoins adherence by lower courts to
doctrinal rules established by this Court in
its final decisions.
- It is based on the principle that once a
question of law has been examined and
decided, it should be deemed settled and
closed to further argument.
- Basically, it is a bar to any attempt to re-
litigate the same issues, necessary for two
simple reasons: economy and stability.
- In our jurisdiction, the principle is
entrenched in Article 8 of the Civil Code.
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Q. Discuss Article 9 of the Civil Code.
- “Art. 9. No judge or court shall decline to
render judgment by reason of the silence,
obscurity or insufficiency of the laws.”
R. Discuss Article 10 of the Civil Code.
- “Art. 10. In case of doubt in the
interpretation or application of laws, it is
presumed that the lawmaking body
intended right and justice to prevail.”
- What if the law is silent? The court should
render a decision based on justice as stated
in Article 10.
S. Discuss the Article 15 of the Civil Code.
- “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.”
- Theories on Personal Law:
o 1. Domiciliary theory - the personal
laws of a person are determined by his
domicile
o 2. Nationality theory - the nationality
or citizenship determines the personal
laws of the individual
- Under Article 15, the Philippines follows
the nationality theory. Family rights and
duties, status and legal capacity of Filipinos
are governed by Philippine law.
- General Rule: Under Article 26 of the
Family Code, all marriages solemnized
outside the Philippines in accordance with
the laws in force in the country where they
were solemnized and valid there as such, is
also valid in the Philippines.
- Exception: If the marriage is void under
Philippine law, then the marriage is void
even if it is valid in the country where the
marriage was solemnized.
T. What is a Nationality principle?
- recognizes that a sovereign can adopt
criminal laws which govern the conduct of
the sovereign’s nationals while outside of
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the sovereign’s borders. Under this
principle, for example, a sovereign can make
it a crime for its nationals to engage is
sexual relations with minors while outside
of its borders or to pay bribes outside of its
borders to public officials of another
sovereign.
- Article 15 refers to:
ü Family rights and duties (including
parental authority, marital, authority,
support)
ü Status – personal qualities and
relations more or less permanent in
nature
ü Condition
ü Legal Capacity – although there are
various exceptions
U. What are the kinds of persons?
- Natural Person
• An individual human being, as
opposed to a legal person, which
may be a private or public
organization.
§ 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.
§ Art. 41 - For civil purposes,
the fetus is considered born
if it is alive at the time it is
completely delivered from
the mother's womb.
However, if the fetus 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.
- Juridical Persons
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• A non-human legal entity, in other
words, any organization that is not a
single natural person but is
authorized by law with duties and
rights recognized as a legal person
and as having a distinct identity.
§ This includes any
incorporated organizations
including corporations,
government agencies, and
NGO’s.
• Art. 44 – The following are persons:
§ The state and its juridical
subdivisions
§ 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.
§ 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.
V. What is Marriage?
- “Art. 52 - Marriage is not a mere contract
but an inviolable social institution. Its
nature, consequences and incidents are
governed by law and not subject to
stipulation, except that the marriage
settlements may to a certain extent fix the
property relations during the marriage.”
W. Who may contract marriage?
- “Art. 54. Any male of the age of sixteen
years or upwards, and any female of the age
of fourteen years or upwards, not under any
of the impediments may contract marriage.”
X. Silverio V. Republic of the Phil
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Y. What are the essential requisites of
marriage?
- Art. 2. of the family code - No marriage
shall be valid, unless these essential
requisites are present:
§ (1) Legal capacity of the contracting
parties who must be a male and a
female; and
§ (2) Consent freely given in the presence
of the solemnizing officer.
Z. What are the formal requisites of marriage?
- Art. 3. The formal requisites of marriage
are:
§ (1) Authority of the solemnizing officer;
§ (2) A valid marriage license except in
the cases provided for in Chapter 2 of
this Title; and
§ (3) A marriage ceremony which takes
place with the appearance of the
contracting parties before the
solemnizing officer and their personal
declaration that they take each other as
husband and wife in the presence of not
less than two witnesses of legal age.
Aa. Discuss Article 6 of the Family Code.
- Art. 6. No prescribed form or religious rite
for the solemnization of the marriage is
required. It shall be necessary, however, for
the contracting parties to appear personally
before the solemnizing officer and declare
in the presence of not less than two
witnesses of legal age that they take each
other as husband and wife. This declaration
shall be contained in the marriage certificate
which shall be signed by the contracting
parties and their witnesses and attested by
the solemnizing officer.
- In case of a marriage in articulo mortis, when
the party at the point of death is unable to
sign the marriage certificate, it shall be
sufficient for one of the witnesses to the
marriage to write the name of said party,
which fact shall be attested by the
solemnizing officer.
- articulo mortis – at the point of death.
Celine B.
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solemnized, and valid there as such, shall

also be valid in this country, except those
prohibited under Articles 35 (1), (4), (5) and
Bb. Discuss the Article 7 of the Family code. (6), 3637 and 38. (17a)
- Art. 7. Marriage may be solemnized by:
§ (1) Any incumbent member of the Where a marriage between a Filipino citizen
judiciary within the court's jurisdiction; and a foreigner is validly celebrated and a
§ (2) Any priest, rabbi, imam, or minister divorce is thereafter validly obtained abroad
of any church or religious sect duly by the alien spouse capacitating him or her
authorized by his church or religious to remarry, the Filipino spouse shall have
sect and registered with the civil capacity to remarry under Philippine law.
registrar general, acting within the limits
of the written authority granted by his Ff. What is a mixed marriage?
church or religious sect and provided - A marriage between people of different
that at least one of the contracting races or religions
parties belongs to the solemnizing
officer's church or religious sect; Gg. Republic of the Philippines V. Manalo
§ (3) Any ship captain or airplane chief
only in the case mentioned in Article 31;
§ (4) Any military commander of a unit
to which a chaplain is assigned, in the
absence of the latter, during a military
operation, likewise only in the cases
mentioned in Article 32;
§ (5) Any consul-general, consul or vice-
consul in the case provided in Article 10

Cc. Discuss Article 8 of the Family Code.

- Article. 8. The marriage shall be solemnized
publicly in the chambers of the judge or in
open court, in the church, chapel or temple,
or in the office the consul-general, consul or
vice-consul, as the case may be, and not
elsewhere, except in cases of marriages
contracted on the point of death or in
remote places in accordance with Article 29
of this Code, or where both of the parties
request the solemnizing officer in writing in
which case the marriage may be solemnized
at a house or place designated by them in a
sworn statement to that effect.

Dd. Navarro V. Domagtoy, A.M

Ee. Discuss Article 26 of the Family Code.

- Art. 26. All marriages solemnized outside
the Philippines, in accordance with the laws
in force in the country where they were
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