PERSONS AND FAMILY RELATIONS
REVIEWER but liability is mitigated provided that the law
CIVIL CODE
PRELIMINARY TITLE
Chapter 1
EFFECT AND APPLICATION OF LAWS
Article 2 (Date of Effectivity)
Date of Effectivity of laws
♣ On the date stated on the statute
♣ If no date, 15 days after the publication
(count starting on the day of publication
as 1st day up to the 16th day. i.e. date of
publication feb 1 counted as as 1st day,
feb 2 as 2nd day… feb 16 as the 16th day-
that is the day the law would take effect)
Publication- official gazette, newspapers of
general publication
No publication is needed:
1. when the law is not punitive nor
mandatory (does not provide penalties)
2. permissive or suppletory laws
3. when the law is only for an administrative
agency or policy (that which only affects a
certain agency or department and does
not affect the general public)
Date of Publication of NCC –August 30, 1949
Date of Effectivity of NCC- August 30, 1950
Article 3 (ignorance of law)
Ignorantia legis non excusat –Ignorance of the
law excuses no one
♣ Maxim applies to all kinds of laws whether
civil or penal
♣ Also applies to jurisprudence- not only to
the words of the law itself but also to the
meaning or interpretation given to said
law by courts of justice
♣ Does not apply to foreign laws
♣ Foreign laws must be alleged and proved
as matters of fact
Ignorance of law- violation or non-compliance of
the law does not excuse anyone from civil and
criminal liability
Ignorance /Mistake of fact – there is compliance
with law but does something wrong because of
some other mistake; does not incur criminal
liability provided there is no negligence
1
Ignorance of law based on good faith- not excused
violated is doubtful or difficult to comprehend
Article 4 (Retroactivity)
Laws are prospective, not retroactive
Reason: If retroactive, laws would cause injustice,
punish individuals for violations of laws not yet
enacted
Exceptions:
1. If the law itself provide for retroactivity
2. If laws are remedial in nature (laws or
procedure)
3. In penal laws if favorable to the accused
who is not a habitual delinquent
4. if laws are of an emergency nature
5. if curative- purpose is to cure errors or
irregularities
6. if substantive rights must be declared for
the first time unless it is impaired
Article 5
Mandatory laws- something which must be followed
Prohibitive laws- laws that prohibit an act (a type of
mandatory law, also called negative)
Two types of mandatory legislation:
1. positive – when something must be done
2. negative or prohibitory
Directory laws- does not result to invalid acts
Permissive laws
Exceptions refered to by article 5
1. When the law makes the act voidable (ex.
Voidable marriages)
2. when the law makes the act valid but
subjects the wrong doer to criminal liability
3. when the law makes the act void but
recognizes its legal effects
4. if the law, even if inherently void, makes it
valid
Article 6 (Waiver of Rights)
General rule – rights may be waived
Exceptions:
1. If contrary to law
2. Prejudicial (might affect a right) to a third
person
Right – the power or privilege given to one person
and as a rule demandable of another
Two subjects in a right:
1. active – the person entitled
 2. passive – the person obliged to suffer the
enforcement of a right
Rights may be:
1. real rights – enforceable against the whole
world
2. personal rights – against a particular
person
3. waiver – intentional or voluntary
relinquishment of a right
Requisites for a valid waiver:
1. person waiving must be capacitated when
he made the waiver
2. waiver must be clear
3. there must be a right that is renounced
4. for some must comply with some
formalities
5. must not be contrary to law, morals,
public policy
6. must not prejudice others with a right
recognized by law
Example of rights that cannot be renounced:
1. Natural rights
2. alleged rights that do not yet exist
3. those would infringed upon public policy,
i.e., to be heard in court
4. prejudicial to a person with a right
recognized by law
Article 7 (Repeal of Laws)
Manner of repealing laws:
1. Expressly
2. Impliedly (if there are inconsistencies with
the new and the old law, the new law
repeals the old one)
General and Specific laws
If there is conflict between a general and specific
law:
♣ If the general law was enacted before the
special, the special becomes the
exception to the general, there is no
repeal
♣ If the general comes after, the specific
remains unless:
1. the general expressly declared
special as repealed
2. there is conflict
3. if the general law intended to
replace the special law
Laws may lapse or expire without repeal:
1. if there is a date stating its expiration
2. if the situation calls for its expiration, i.e.
emergency powers of the president
2
Non-observance of the law (disuse, custom or
practice contrary to law) does not repeal the law
Repeal of repealing law:
If the repealing law is repealed, the first law
repealed by the former shall not be revived
unless provided
Operative Fact Doctrine – a legislative or executive
act is valid and must be complied with prior to its
being declared as void or unconstitutional
Article 8 (Judicial decisions- legal system)
Judicial decisions are evidence of what the law
means; are not laws but form part of the law;
establish the contemporaneous legislative intent
Judicial decisions contemplated in article 8 are
decisions by the Supreme Court
Doctrine of Stare Decisis
♣ adherence to antecedents; once a case has
been decided one way, then another case
involving the same point at issue (and more
or less similar set or sets of facts) should be
decided in the same manner
♣ No matter how sound a doctrine may be, if
found contrary to law, it should be
abandoned
How judicial decisions are abrogated:
♣ By a different ruling by the supreme court
♣ By legislation
Article 9 (Decline to render judgment, silence
or obscurity of law)
If law is silent, judge can base his decision on the
following:
1. Customs not contrary to law, public order,
etc
2. foreign and other local courts’ decisions
3. opinion of highly qualified personalities
(professors, writers, etc)
4. rules of statcon
Article 10 (in case of doubt, intention
towards right and justice)
Dura lex sed lex – the law may be harsh but it is
still the law
If the law is clear, it must be applied even if harsh
Article 11 (Customs should not be contrary to
law)
Article 12 (Customs proved as fact)
Custom – rule on human action established by
repeated acts, uniformly observed as a rule of
society
 ♣ Status
Requisites for courts to consider customs: ♣ Condition
1. custom must be proved as fact ♣ Legal capacity
2. not contrary to law
3. repeated Some rules/exceptions:
4. sufficient lapse of time
5. there must be juridical intention (custom
♣ Capacity to enter into an ordinary contract
is governed by the national law, not where
being equated to laws)
the contract was entered into (but the
formalities follow the law of the place-- Art.
Article 13 (Time/Period)
17 NCC)
1 Year – 365 days (leaps years are not ♣ Foreigns and foreign companies engaged in
considered, additional days are not counted) commerce in the Phils are subject to their
1 month – 30 days national laws
1 day – 24 hours ♣ For some other rules refer to Article 16 NCC
Nights – sunset to sunrise
Article 16 (Laws on Property and Succession)
If by name of month:
January = 31 days Lex rex sitae – law of the place or country where
Feb = 28 days/ 29 days the property is located
March= 31 days Applicable to:
♣ Real property –immovable property, piece of
Period: exclude first day, include last land
Ex: 10 days from feb 1, exclude feb 1, count feb ♣ Personal property- movable
2 as 1st day, feb 3 as 3rd, feb 11 as 10th day
If the last day is a Sunday or a holiday, an act can Intestate – one who dies without a will
be done the following day ♣ The national law of the person who dies will
govern the succession with respect to
Article 14 (Penal Laws obligatory upon who amount and order of succession
live or sojourn) ♣ Regardless of where the property is located

Territoriality and generality of penal laws- applied Testate

to anyone who live or sojourn in the Philippine
territory
Exceptions:
♣ immunities from treaty stipulations
♣ immunities from principles of international
laws/ laws of preferential application (Art 2
RPC)
Order of Succession
Renvoi- referring back; a problem arising when the
national law of the deceased refers to the law of
his domicile and the latter would refer back to his
national law
Article 17 (Formalities of Contracts)

Article 15 (Filipinos governed by national
laws)
Status – personal qualities and relations, more or
less permanent in nature, not ordinarily
terminable at his own will; sum total of person’s
rights, duties, capacities (Bouvier’s Law
Dictionary)
Nationality Principle
♣ Filipinos are governed by Philippine laws
(national law)
♣ Foreigners are governed by their own
national laws
♣ Article 15 is a rule of private international
law
Lex loci celebrationis – place where the contract is
entered into
♣ Applicable only to the extrinsic validity of
the contract, its form and solemnity, but not
applicable to the substance
 If the act is done abroad but executed
before diplomatic and consular officials,
Philippine laws apply for the form and solemnity
Third paragraph of Article 17:
♣ Act done even is validated by foreign laws,
treaties or judgment if against Philippine
prohibitive laws is invalid. The validity of
foreign laws, etc does not invalidate our
laws.

Applicable to: Chapter 2

♣ Family rights and duties
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 HUMAN RELATIONS
Article 19
Good Faith – honest intention to abstain from
taking any unconscientious advantage of another
Malice or bad faith – conscious or intentional
design to do a wrongful act for a dishonest
purpose
Standards for human conduct:
1. Act with justice
2. give everyone his due
3. observe honesty and good faith
In all exercise these standards must be observed
Principle of Abuse of right
A person who in the exercise his right, has
unmindfully caused damage to another. He is
held liable for damages
Elements:
1. Existence of legal right or duty
2. Exercised in bad faith
3. With the intent of causing damage to
another
Requirements for liability:
1. The party claiming damages must sustain
the loss
2. The party against whom they are claiming
must be guilty
3. The loss must be proximate and natural
cause
4. The wrong complained must be unlawful
Article 20
 Article 20 punishes illegal acts done either
willfully or negligently
 There should be a right that was impaired
 If there is damage or injury because of
neglect, there is civil liability. (ex. UE vs.
Jader)
 In criminal offenses-- a person who is
criminally liable is also civilly liable. He
offends two entities:
1. The state or society
2. The individual
There can be civil liability even if acquitted with a
criminal offense. Only possible if:
♠ If the act that caused the damage
or injury is not punishable by law- hence
not described in the RPC. Hence the
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person is acquitted beyond reasonable
doubt because he did not violate a law
♠ But the act done has caused damage
or injury- the person is liable for the injury
caused
Exceptions- No civil liability in the following:
♠ In offenses that are mala prohibita or those
punished by special laws
♠ If the criminal offense has no specific person
who can claim for the injury, ex. Treason,
rebellion or other security offenses
Damnun absque injuria – damage without injury –
self inflicted injury. If the injury is self inflicted
there can be no recovery for damages.
Article 21
Difference between article 20 and 21:
♠ Article 20- contrary to law
♠ Article 21- contrary to good customs, morals
 A person may not defy a law but if he, with
impunity, cause damage to another by doing
something contrary to good customs, morals
Examples under article 21:
♠ Misconduct
♠ Breach of promise to marry
Breach of promise to marry is not per se an
actionable wrong
When damages can be recovered from breach of
promise to marry:
♠ When there is carnal knowledge (promise to
marry was used to obtain carnal
knowledge):
 There is seduction
 If it constitutes tort
 If the woman becomes pregnant
 If money was advanced and given to
the defendant
♠ There is no carnal knowledge, if act resulted
in tort or money is advanced or given to
defendant
There is no breach of promise to marry when:
 If there is promise to marry and the
marriage never occurred but there continued to
be carnal knowledge and if carnal knowledge is
out of mutual lust, there can be no damages
Pari delicto – in equal guilt, the plaintiff also at fault
(i.e., mutually having carnal knowledge out of
lust), there can be damages
Article 22

Solutio indebiti – no shall be unjustly enriched or
benefited at the expense of another
If a property is left by the owner in a private
premise, it is mislaid property. The property still
belongs to him even if under the custody of
another. The property is not yet lost.
The person who has the custody of a mislaid
property has the obligation to return the same.
If the property is left in a public area, it becomes
lost in a legal sense.
Article 23
There is civil liability if a person has unjustly
enriched by an act that was not due to his fault
but has caused damage to another.
Article 24
Social Justice principle
The law protects those who are at a
disadvantaged position by causes of moral
dependence, ignorance, indigence, mental
weakness, disability, etc..
Parens patriae – state is the guardian of the
rights of the people
Article 25
Requisites for article 25
♠ There is a declaration of public
want or emergency
♠ There extravagance in expenses or
pleasure
♠ The extravagance was displayed
 Only government or charitable
institutions can ask for the order from the
court to stop the extravagant display
Article 26
Emphasis of the rule:
♠ Dignity
♠ Personality
♠ Privacy
♠ Peace of mind
Article 27
Requisites:
The duty referred is ministerial, not discretionary
There should be neglect of duty
There must be material or moral loss
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Article 28
Unfair competition is punishable under Article 189
of RPC
Anyone who does an act that would defeat free
enterprise and fair competition, and in the act he
uses intimidation, force, deceit, etc., he shall be
held liable
Article 29, 30, 31 (Read again)
Procedures for civil and criminal action
Article 32
List of constitutional rights of the citizens
Violation of the rights even if did not amount to any
crime would hold the violator civilly liable
(Refer to the books or provision for the list)
Article 33
The law allows the filing of a separate civil action
distinct from criminal action for the ff cases:
Defamation
Fraud
Physical injuries
Physical injuries- generic sense; not only “physical
injuries” as a felony but all that kinds of bodily
injuries including death
Article 34
A police officer is liable if he neglects or decline to
render service and due to his neglect a damage
or injury was sustained.
The city or municipality is also liable subsidiarily
Article 35
Article 36
Prejudicial question – is the civil issue where the
guilt of a person committing a criminal offense or
the continuation of the criminal procedure would
rely
Elements:
♠ There is a criminal offense
♠ The civil issue must be related to the
offense
♠ The resolution of the civil action would
determine if the criminal action could
proceed
♠ The result of civil action would determine
the guilt of the offender
BOOK I
 PERSONS Article 39

Title I The following limit or modify the capacity to act of

CIVIL PERSONALITY some persons:

1. Age
Chapter 1 ♠ Age of majority is 18
GENERAL PROVISIONS ♠ A minor may not give consent to
contract- but cleansed if the parent
Article 37 ratify the consent
♠ If one of the parties in incapable of
Juridical capacity – fitness to be subject of legal giving consent, the contract is
relations; inherent in every natural person voidable
2. Sickness- an insane or demented person
Capacity to act – capacity to do acts with legal may not give a consent to contract; deaf-
effect; may be acquired and lost; acquired at mute persons can not be a witness in a will
the age of majority 3. Penalty- those who were punished for
offenses with temporary disqualification to
Person- physical or legal being; has rights and hold office, suspension from public office,
obligations; subject of legal relations curtailment of the right to vote; civil
interdiction deprives one to vote during the
Elements of a right: time of sentence
1. Subject – persons involved; either 4. prodigality- must show a morbid state of
active(one who can demand) or passive mind and disposition, he constantly need
(one who has the obligation or who has to guardianship
suffer as a consequence of a right of 5. Alienage - a foreigner cannot acquire land
another person) in the phils.
2. Object – things upon which a right is 6. absence -
exercised 7. Insolvency and trusteeship – if insolvent, he
3. efficient cause – the tie that binds the cannot dispose his property
subject and object, produces the legal 8. Family relations
relations
Political or religious belief does not affect capacity
Estate of decedent – estate/ property left by the to act
deceased, considered as a person. Becomes
vested with the rights of the owner who died
Chapter 2
Union of juridical capacity and capacity to act is NATURAL PERSONS
full civil capacity
Juridical capacity can exist with capcacity to act Article 40
but the existence of capacity to act implies the
existence of juridical capacity Person – any being, physical or moral, real or
juridical and legal, susceptible of right and
obligations, or of being the subject of legal
Article 38 relations

The following has restrictions on the capacity to Personality is determined by birth

act: A conceived child may be considered born for
1. Minors purposes favorable to it for example: donations for
2. Insane the conceived child
3. Imbecile It has rights protected by law
4. Deaf-mute
5. Prodigals Objectives for the law fixing the intrauterine life of
6. Under civil interdiction the fetus:
1. Assure its existence
They however have juridical capacity and are 2. Facilitates and protect its free environment
susceptible of rights and even obligations 3. Accord it certain rights

Two types of persons:

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 1. Natural persons – human beings JURIDICAL PERSONS
2. Juridical or artificial persons – associations
and corporations having legal existence Article 44

Concept of personality Juridical persons – an abstract being formed for the

♠ Personality is the aptitude to be
subject of rights and obligations
♠ Personality is the consequence of
juridical capacity which in turn is merely a
consequence of human nature
♠ Personality may suffer limitations
because it is a result of capacity to act
Article 41
Fetus is born after it is completely separated
from the material womb after the cutting of
umbilical cord
If the fetus has intra-uterine life of less than 7
months:
♠ Not born if it dies within 24 hrs after
complete delivery
♠ Born if it dies after the 24 hrs from
complete delivery
Purpose of provision: inheritance and succession
Article 42
Death – cessation of life
Civil death – a person even living has lost his civil
rights, i.e. a person convicted and by virtue of
conviction and sentence is considered civilly dead
Civil personality is extinguished by death but
certain rights and obligations of the deceased
remain and is determined by law, contracts and
wills.
Ex. Succession
The death of the deceased does not extinguish
the personality of his estate
Article 43
Rulesto determine who died first or who survive:
1. A and B under 15 – the older survives
2. A and B above 60 – the younger survives
3. A under 15 and B over 60, A survives
4. A and B over 15 and under 60:
♠ Male and female - male survives
♠ Same sex – the older survives
5. A under 15 or over 60, B over 15 and
under 60 – B survives
realization of collective purposes, to which the law
has granted capacity for rights and obligations
3 classifications (Albano)
1. State and its political subdivisions
2. Entities for public interests or purpose
3. Entities for private interests or purposes
2 Classifications (Paras)
1. Public:
♠ Public corporations
♠ State
2. Private
♠ Private corporations
♠ Partnerships
♠ Foundations
 Private corporations start to exist as
soon as a certificate of incorporation is granted
to it
 Personality of the members of a
juridical person is distinct from that of the latter
 Partnership is a juridical person even
if not registered provided validly constituted
Article 45
Laws that govern juridical persons:
1. Constitution – state
2. Local government code – Lgu’s like
provinces, cities and municipalities
3. Corporation Code and Civil Code –
Private corporations and partnerships
Article 46
Capacity of Juridical Persons:
♠ Acquire or possess property of all kinds
♠ Incur obligations
♠ Bring civil or criminal actions
♠ May sue and be sued
♠ May no be sued criminally- the members
may be prosecuted
♠ Enter into contracts
Article 47
What is applied upon dissolution of corporations in
relation to their properties and assets:
♠ Laws
♠ Charter creating the corporation

Chapter 3
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If there is no law or charter, the properties shall
be applied to similar purposes for the benefit of
the region, province city or municipality