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Civil Code of the Philippines (PARAS Arts. 1- 51) !


Effect and Application of Laws
ART. 1
ART. 2
Ordinary Law takes effect:
1. On the date it is expressly provided to take effect; or
2. If no date is made, then after 15 days following the completion of
its publication in the OG or NGC
When NO Publication is needed
- Publication is not necessary so long as it is NOT PUNITIVE in
Law takes on the 16th day following the publication
Rule relating to effectivity of law applies to a Central Bank Circular
(Pp v. Que Po Lay)
- The fact that the circular is punitive in character is the principal
reason why publication should be made
- Circulars which are mere statements of GENERAL POLICY as
to how the law should be construed do NOT need presidential
approval and publication in the OG for their effectivity
Pp v. Que Po Lay
- As a rule, circulars which prescribe a penalty for their violation
should be published before becoming effective
- Public should be officially and specifically informed of said
contents and penalties for violation thereof
ART. 3
Ignorantia legis non excusat
- Article applies to all kinds of DOMESTIC LAWS, whether civil
or penal, and whether substantive or remedial
- Maxin refers only to MANDATORY and PROHIBITIVE
LAWS, not to permissive or suppletory laws
Ignorance of a foreign law is not ignorance of the law, but
ignorance of the fact
- There is no judicial notice of foreign laws
- Doctrine of Processual Presumption: If a foreign law is not
properly alleged and proved, the presumption is that it is the
same as our law
Ignorance of LAW

Ignorance of FACT

No excuse

Eliminates criminal intent as

long as there is no negligence

Ignorance of law as basis of Good Faith

- NCC Art. 526: Mistake on a doubtful or difficult question of
law may be the basis of good faith
ART. 4

GR: Laws are PROSPECTIVE, not retroactive

- If laws will be retroactive, grave injustice would occur because
these laws would punish individuals for violations of laws not
yet enacted
Jurisdiction of a court depends on the law existing at the time an
action is filed
Applies to Amendment of Statutes
- After an Act is amended, the original Act continues to be in
force with regard to all rights that had accrued prior to such
EXCPNS to Prospective Effect of Laws:
- Retroactive application in the following cases
1. If the laws themselves provide for retroactivity; but not an ex post
facto law
- Generally, the Constitution does not prohibit retroactive
- Prohibition against ex post facto laws applies only to
criminal matters and not to civil matters
> Ex. Imposition of Taxes
2. If laws are Remedial in nature
- There are no vested rights in rules of procedure
3. If a statute is penal in nature, provided:
a) It is favorable to the accused or convict
b) Accused or convict is not a habitual delinquent
4. If the law are of an Emergency nature and are authorized by the
police power of the government
5. If the law is Curative
- Necessarily retroactive for the precise purpose is to cure
errors or irregularities
- But it must not impair vested rights nor affect final
6. If a substantive right be declared for the first time, unless vested
rights are impaired
- Vested Right: Some right or interest in property that has
become fixed and established that is it no longer open to
controversy; such right the deprivation of which would
amount to deprivation of property without due process of
ART. 5
Mandatory or Prohibitory Laws
- While one has to obey mandatory statutes otherwise his acts
would generally be void, the violation of directory laws does
not result in invalid acts
Kinds of Mandatory Legislation
1. Positive - When something must be done
2. Negative or Prohibitory- when something should not be done
1. When the law makes the act not void but merely voidable at the
instance of the victim
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 therefrom
4. When the law itself makes certain acts valid although generally
they would have been void
ART. 6
GR: Rights may be waived

Abesamis, Austinne Joyce D.

Civil Code of the Philippines (PARAS Arts. 1- 51) !2


When the waiver is contrary to law, public order, public policy,

morals or good customs
When the waiver is prejudicial to a third person with a right
recognized by law
- Unless such waiver has been made with the consent of
such third parties

Deals with waiver of rights, not waiver of obligations or duties

Waiver of obligation or duties
- Possible only if a person possessed of certain rights and
resultant obligations or duties waives the said rights; or
- If the law recognizes such waiver
- Involves an a) active subject and b) oassice subject
- May be:
a) Real Rights: Enforceable against the whole world
b) Personal Rights: Enforceable against a particular individual
Requisites for a Valid Waiver
1. The person waiving must be capacitated to make a waiver
2. The waiver must be made clearly, but not necessarily express
3. The person waiving must actually have the right which he is
4. In some instances, the waiver must comply with formalities
5. The waiver must not be contrary to law, morals, public order,
public policy or good customs
6. It must not prejudice others with a right recognized by law
Examples of Rights which cannot be renounced
1. Natural rights: right to life
2. Alleged rights which really do not yet exist: future inheritance
3. Those the renunciation of which would infringe upon public
- Right to be heard in court cannot be renounced in
- Waiver of 10 year period for suing on a written contract
4. When waiver is prejudicial to a person with a right recognized by
Example of Rights which may be renounced
- Support in arrears
- Right of accused to be helped by counsel may also be waived,
provided the accused is informed of his right
- Right to preliminary investigation
- Individual who accepts the office of an executor or
administration may waive compensation therefor
ART. 7
Rule for General and Specific Laws
a) General Law enacted prior to Special Law
- Latter considered exception to the general law
- In general, the general law remains a good law and here is
no repeal
b) General Law enacted after Special Law
- Special Law remains, UNLESS:
1. There is an express declaration to the contrary
2. There is a clear, necessary and unreconcilable
3. The subsequent general law covers the whole
subject and is clearly intended to replace the
special law on the matter
An Act passed later but going into effect earlier will prevail over a
statute passed earlier and going into effect later
- The later enactment expresses the later intent

Lapse of Laws
- Laws may lapse without necessity of any repeal as exemplified
by the Annual Appropriations Law
Effect if Repealing Law itself is Repealed
- When a law which expressly repeals a prior law is itself
repealed, the law first repealed shall not be thereby revived,
unless expressly so provided
- When a law which repeals a prior law by implication is itself
repealed, the repeal of the repealing law revives the prior law,
unless the language of the repealing statute provides otherwise
Non-observance of the law
- Disuse, custom or practice to the contrary does not repeal a law
Executive fiat cannot correct a mistake in the law
- An error in a law must be corrected by another legislation
Supremacy of the Constitution over Administrative or Executive
- Construction of the statute by those administering it is not
binding on their successors
- The court accords respect if not finality to factual findings of
administrative tribunals, unless the factual findings are nor
supported by evidence
Constitutionality of a Law or EO may not be collaterally attacked
- Deemed valid unless declared null and void by a competent
- Constitutionality of a law may not be made to depend on the
effects of a conclusion based on a stipulation of facts entered
into by the parties
Some grounds for declaring a law unconstitutional
a) Enactment of a 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
Effect of a Law that has been declared Unconstitutional
- GR: Confers no right, creates no office, affords no protection,
justifies no acts performed under it
- EXCPN: May be relaxed or qualified because of actual
existence of law prior to such declaration in an operative fact
and may have consequences which cannot justly be ignored
Operative Fact Doctrine
- When a legislative or executive act, prior to its being declared
as unconstitutional by the courts, is valid and must be complied
- Any legislative or executive act contrary to the Constitution
cannot survive
ART. 8
Decisions which apply or interpret the Constitution or laws are part
of the legal system of the Philippines
- Still, they are not laws
- Jus dicere, non jus dare: The courts exist in order to state what
the law is, not for giving it
- The interpretation based upon the written law by a competent
court has the force of law
- It becomes part of the law as of the date the law
was originally passed
- However, a reversal of that interpretation
cannot be given a retroactive effect to the

Abesamis, Austinne Joyce D.

Civil Code of the Philippines (PARAS Arts. 1- 51) !3

prejudice of parties who had relied on the first

Only the decisions of the SC establish jurisprudence or doctrines in
the Philippines
- Because it is the court of last resort
- Decisions of subordinate courts are only persuasive in nature
- An opinion is the informal expressions of the views of the court,
it cannot prevail against a final order or decision
Doctrine of Stare Decisis
- Let it stand; et non quieta movere
- Adherence to precedence: Once a case has been decided one
way, then another case, involving exactly the same point at
issue, should be decided in the same manner
- When a case has been decided erroneously, such error must not
be perpetuated by blind obedience to the doctrine
- The doctrine does not and should not apply when there is a
conflict between precedent and the law

It is a duty of a lawyer in practice to keep abreast with SC decision

ART. 10
Dura lex sed lex
- GR: Apply the law as it is
In case of doubt
- We should interpret not by the letter that killeth, but by the
spirit that giveth life
- When the reason for the law ceases, the law automatically
ceases to be one
Courts are not bound by legislators opinion in congressional
debates regarding the interpretation of a particular legislation
Article 10 is necessary so that it may tip the scales in favor of right
and justice when the law is doubtful or obscure

Obiter Dicta
- Opinions not necessary to the determination of a case
- Not binding; does not have the force of judicial precedents

The court will not apply equity, if equity will not serve the ends of

How judicial decisions may be abrogated

1. By a contrary ruling by the SC
2. By corrective legislative acts of Congress
- But Congress cannot alter an interpretation of SC of a
Constitutional provision
- However, Congress is allowed to define the terms used in
the statute (said definitions are considered as part of the
law itself)

ART. 11
- Rule of human action (conduct) established by repeated acts and
uniformly observed or practiced as a rule of society, thru
implicit approval of lawmakers, and which is generally
obligatory and legally binding

When final judgments may be changed

1. A judgment void for lack of jurisdiction over the subject matter
can be assailed at anytime, either directly or collaterally
2. When after judgment has become final, facts and circumstances
transpire which render its execution impossible or unjust, the
interested party may ask the court to modify or alter the judgment
to harmonize the same with justice and with the facts
ART. 9
Duty of a judge if the law is silent
- The judge must give a decision, whether he knows what law to
apply or not
If the law be silent, obscure or insufficient, what should the judge
apply in deciding a case?
- Judge may apply any rule as long as the rule chosen in harmony
with general interest, order, morals and public policy
- Rules may be the ff:
1. Customs which are not contrary to law, public order,
and public policy
2. Decision of foreign and local courts on similar cases
3. Opinions of highly qualified writers and professors
4. Rules of Statutory Construction
5. Principles laid down in analogous instances
- Where the law governing a particular matter is
silent on a question at issue, the provision of
another law governing another matter may be
applied where the underlying principle or reason is
the same
6. General principles of natural moral law, human law and
7. Respect from human dignity and personality
Courts cannot legislate to fill in the gaps in the law

Requisites before courts can consider customs

1. Custom must be proved as a fact, according to the rules of
2. Custom must not be contrary to law, public order or public policy
3. There must be a number of repeated acts
4. Repeated acts must be uniformly performed
5. There must be a judicial intention
6. There must be sufficient lapse of time
- By itself not a requisite but gives evidence of the fact that
indeed it exists and is being duly observed
Written, consciously made,
enacted by Congress

Unwritten, spontaneous, comes
from society

Superior to customs as a source

of a right
Courts take cognizance of local

No judicial notice of customs

ART. 12
There is a presumption that a person acts according to the customs
of the place
A custom is presumed not to exist when those who should know, do
not know of its existence
Kinds of Customs:
1. General Custom is that of a country; a custom of the place is
one where an act transpires
- If in conflict with local customs, the latter prevails
2. A custom may be in accordance with law (propter legem) or
against the law (contra legem)

Abesamis, Austinne Joyce D.

Civil Code of the Philippines (PARAS Arts. 1- 51) !4

- Customs extra legem are those which may constitute sources

of supplementary law, in default of specific legislation on the
ART. 13
How periods are computed (Examples)
1. 10 months= 300 days
2. 1 year= 365 days
- does NOT apply in computing the age of a person
3. March= 31 days
- Because the month is specifically designated by name
4. 1 week= 7 successive days
- But a week of labor, in absence of any agreement, is
understood to comprehend only 6 labor days

ART. 15
- Includes personal qualities and relations, more or less
permanent in nature, and not ordinarily terminable at his own
Scope (Nationality Principle)
1. Family rights and duties
- Parental authority, marital authority, support
2. Status
3. Condition
4. Legal capacity

Civil or Solar Month

- That which agrees with the Gregorian Calendar
- January, February, March, etc.
- GR: When months are not designated by name, a month is
understood to be only 30 days

- A rule of private international law which stresses the principle
of nationality
- Does Art. 15 Filipinos merely?
a) Yes, insofar as the PH laws are concerned
b) No, in the sense that nationals of other countries are
also considered by us as being governed in matters of
status, etc., by their own national law

Meaning of Day applied to filing pf pleadings

- The date of mailing has been considered as the date of filing of
any petition, motion or paper

Where the spouses are citizens of US, their marital and personal
status and the dissolution of such status are governed by the laws of
US, which sanction divorce

Factors for presumption that a letter duly directed and mailed was
received in the regular course of mail to apply:
1. Letter must have been properly addressed with postage prepaid
2. Letter must have been mailed

**Capacity to enter into an 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

**In computing a period, the first day shall be excluded and the last
day included
Rule if the last day is a Sunday or a Legal Holiday
1. In an Ordinary Contract
- GR: An act is due even if the last day be a Sunday or Legal
- EXCPN: Unless there is an agreement to the contrary
2. When it refers to a period prescribed or allowed by the ROC, by
an order of the court, or by any other applicable statute
- It is understood that the last day should really be the next
day, provided said day is neither a Sunday nor a legal
The pretermission (exclusion from computation) of a holiday
applies only to a period fixed by law or ROC, not to a date filed by
the Judge or government officer
- If by the ROC the defendant should answer within 15 days, and
the 15th day is declared a holiday
The last for the answer will be the 16th day
- If a judge fixes a trial hearing for a certain day declared a
holiday, trial will not be on the following day
ART. 14
Theories of Territoriality and Generality
- Criminal Law: territoriality
- Generality: Even aliens come under our territorial jurisdiction
because aliens owe some sort of allegiance even if it be
1. Principles of Public International Law
- Immunities granted to diplomatic officials and visiting head
of states, provided they do not travel incognito
2. Presence of Treaty Stipulations

Capacity to enter into other relations

1. Capacity to acquire, encumber, assign, donate or sell property
- Depends on the law of the place where there property is
2. Capacity to inherit
- Depends on the national law of the decedent, not the heir
3. Capacity to get married
- Depends on the law of the place where the marriage was
entered into, not on the national law of the party; subject to
certain exceptions
ART. 16
Lex Rei Sitae
- Only corporate income derived from Ph sources may be taxed in
our country
- Matters governed by national law of the deceased:
1. Order of succession
2. Amount of successional rights
3. Intrinsic validity of provisions of the will
4. Capacity to succeed
GR: Property, whether real or personal, is governed by the law of
the place where the property is situated
- Referring back
- The problem arises when there is doubt as to whether a
reference in our laws to a foreign law (such as national law of
the deceased):
a) Is a reference to the internal law of said foreign
law; or
b) Is a reference to the whole of the foreign law,
including its conflicts rule

Abesamis, Austinne Joyce D.

Civil Code of the Philippines (PARAS Arts. 1- 51) !5

- In the latter case, if no state involved follows the nationality

theory, and the other, domiciliary theory, there is a possibility
that the problem may be referred back to law of the first state
(See. In matter of testate estate of deceased Edward E. Christensen)
ART. 17
Lex Loci Celebrationis
- Insofar as extrinsic validity is concerned
Formalities for Acquisition, Encumbering or Alienation of Property
- Governed by lex rei sitae
Rule of Extraterritoriality
- If an act is executed before Ph diplomatic and consular officials
Solemnities of the Ph laws shall be observed
Rule respecting Prohibitive Laws
- A foreign law, contract or judgment cannot be given effect in Ph
if it contrary to public policy
- Example: Contract for prostitution; absolute divorce granted to
Filipinos abroad even if where given cannot be recognized in Ph
as absolute divorce is prohibited under NCC
ART. 18
Rule in case of Conflict between NCC and other laws
- In case of conflict with Code or Commerce or special laws
NCC shall only be suppletory, except if otherwise
provided for by the NCC
- Generally, special law prevails over NCC
When NCC is superior
- Common carriers
- Insolvency
Human Relations
ART. 19
The chapter was formulated to present some basic principles to be
observed for the rightful relationship between human beings and
stability of the social order
The article stresses:
1. Acting with justice
2. Giving to everyone his due
3. Observance of honesty and good faith
Globe Mackay v. CA
- When a right is exercised in a manner which does not conform
to Art. 19 and results to damage to another, a legal wrong is
committed for which the wrongdoer must be held responsible
Bad faith does not simply connote bad judgment or negligence; it
imparts a dishonest purpose or some moral obliquity and conscious
doing wrong
Justice is done according to law; as a rule, equity follows the law
ART. 20
Willful or Negligent Acts
- The article punishes illegal acts whether done willfully or

Concept of torts in our country:

1. Spanish tort: based on negligence
2. American tort: based on malice
If someone be damages, he does not necessarily have the right to be
- Essential that some right of his be impaired
ART. 21
Willful acts contrary to morals
- The article intends to expand the concept of torts by granting
adequate legal remedy for the untold number of moral wrong
which is impossible for human foresight to specifically provide
in the statutes
- Only applies in the absence of contractual stipulations
- In a corporation, the BLs govern the relation of members, not
Art. 21
Article 21

Article 20

Act is contrary to morals, good

customs, public policy

Act is contrary to law

Act is done willfully- not merely

voluntarily but with a bad

Act is done either willfully or


Breach of promise to marry

- There may be recovery of Actual damages
- There is NO recovery of Moral damages
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
- If the cause be the promise to marry and the effect
be carnal knowledge
There is a chance that there was criminal or
moral seduction, hence, the recovery of
damages will prosper
If it be the other way around, there can be no
recovery of moral damages because mutual lust
has intervened
3. Sue for actual damages such as expenses for the
wedding preparation
B. When there has been no carnal knowledge
- There may be action for actual and moral damages under
certain conditions
As where there has been deliberate desire to inflict
loss or injury
When there has been deliberate abuse of right
Article 21 must necessarily be construed as granting the right to
recover damages only to injured persons who are not themselves at
Nominal damages are granted for the vindication or recognition of a
right violated or invaded
- Not for indemnifying the plaintiff for any loss suffered
Sexual harassment, committed in two kinds of environments
1. Work-related
2. Education or training

Abesamis, Austinne Joyce D.

Civil Code of the Philippines (PARAS Arts. 1- 51) !6

ART. 22
Duty to return what was acquired unjustly or illegally
- No person should unjustly enrich himself at the expense of
Nemo cum alterius detriments protest
Government is not exempted from the application of
the doctrine
Solutio indebitii
Requisites of an Accion in Rem Verso
1. One party must be enriched and the other made poorer
2. There is a causal relation between the two
3. The enrichment must not be justifiable
4. There must be no other wat to recover
5. The indemnity cannot exceed the loss or enrichment, whichever is
**In accion in rem verso, there is no mistake; in solutio indebitii
(undue payment), it is essential that there be a mistake
ART. 23
Duty to indemnify because of benefit received
- Unless there is a duty to indemnify, unjust enrichment will
ART. 24
Reason for protection of the underdog
- Law takes great interest in the welfare of the weak and the
Parens patriae
Confession obtained thru coercion is inadmissible
- A confession must proceed from the free will of the person
Labor cases
ART. 25
Thoughtless extravagance during emergencies may incite the
passion of those who cannot afford to spend
Only a charitable institution (whether government or private) may
bring the action
- There must be a court order
ART. 26
Duty to Respect Dignity and Privacy
- Social equality is not sought, but de regard for decency and
1. Action for damages
2. Action for prevention
3. Any other relief
1. Prying into privacy of anothers residence
- Respect for anothers name, picture or personality except
insofar as is needed for publication of legitimate news value
2. Meddling
- Includes alienation of the affections of the husband or the
- Intriguing against anothers honor


- Gossiping and reliance on hearsay
Vexing or humiliating
- Criticism of ones health or features without justifiable legal

ART. 27
Refusal or neglect in the performance of official duty
- Refers to a public servant or employee
- To end the pagbagsak or bribery system
An administrative case will generally be provisionally diminished,
where a criminal case is sub judice
ART. 28
Preventing unfair competition
- The article is intended to lay down a general principle outlawing
unfair competition, both among enterprises and laborers
1. Agricultural enterprises
2. Commercial enterprises
3. Industrial enterprises
4. Labor enterprises
Test of Unfair Competition
- Whether certain goods have been intentionally clothed with an
appearance which is likely to deceive the ordinary purchasers
exercising ordinary care
ART. 29
An acquittal on the ground that the guilt of the defendant has not
been satisfactorily established is equivalent to one on reasonable
doubt, and does not preclude or prevent a civil suit under this Article
Does not speak of independent civil action
Criminal and civil liabilities
- Art. 100 RPC
- Criminal aspect affects social order; civil aspect affects private
- Extinction of the penal action does not carry with it the
extinctions of civil liability
Unless the extinction proceeds from a declaration
that the fact from which the civil case might arise did
not exist
Reason for the Article
- Criminal liability is harder to prove than civil liability
If criminal conviction is not obtained because of
reasonable doubt, there is still a chance that civil
liability can be held to exist because of
preponderance of evidence
A person, while not criminally liable, may still be civilly liable
Survival of the civil liability depends on whether the same can be
predicated on other sources of obligation other than delict
ART. 31
Independent Civil Action
- One brought distinctly and separately from a criminal case
allowed for considerations of public policy
Because proof needed for civil cases is less is than
that required for criminal cases

Abesamis, Austinne Joyce D.

Civil Code of the Philippines (PARAS Arts. 1- 51) !7

- Bringing of independent civil action is permissive, not

- The civil case will not be suspended

Instances when the law grants ICA
- Article 32, 33, 34, 2177
Scope (Obligation not arising from a crime)
- Obligation arises from some other act like a contract or legal
Effect of acquittal of civil case
ART. 32
Implementation of Constitutional Civil liberties
Additional rights
1. Freedom of suffrage
2. Paragraph 17
- The ff can be made liable:
1. Any public officer or employee
2. Any private individual even if he be in good faith
- But judges are not liable unless the act or omission is
a crime
- While judges are expressly exempted, it would seem that the
exemption does not apply to cases falling under Art. 27
- The article punishes not only direct and indirect violations of
constitutional liberties, but also their impairment
The defendant is not the state but the public officer involved
- Consent of the state is not required
Where the state enters into a contract thru its officers or agents, in
furtherance of a legitimate aim and purpose, whereby mutual and
reciprocal benefits accrue, and rights and obligations arise
therefrom, and if the law granting authority does not provide for the
officer against whom action may be brought in the event of breach
thereof, the state itself may be sued even without its consent
- By entering into a contract, the sovereign state has descended to
the level of the citizen
- Consent to be sued is implied from the very act of entering into
the contract
ART. 33
ICA for Defamation, Frau and Physical Injuries
1. Defamation (or libel or intrigue against honor)
2. Fraud (or estafa or swindling)
3. Physical injuries including consummated, frustrated and
attempted homicide
The article does not refer to unintentional acts or those without
For whose benefit, restrictions
- More for the benefit of the claimant or victim than anybody else
- Nevertheless, if he files a civil case under Art. 33, the victim
can no longer intervene in the prosecution of the criminal case
Same rule applies if he had expressly reserved his
right to file an ICA
Libel or Defamation cases
- Must consider not only the headline but also the entire news

ICA of damages arising from physical injuries under Art. 33 may be

brought by the offended party even if he had not reserved the right
to file the same in the criminal case for the same injuries
- Two different courts may at the same time try the same case,
one from the criminal standpoint, the other form the standpoint
of Art. 33
The result in the criminal case would be entirely
irrelevant to the civil action
EXCEPTION to Art. 33
- When the offended party not only fails to reserve the right to
file a separate civil action but intervenes actually in the criminal
case, a judgment of acquittal therein bars a subsequent civil
- However, if in the criminal proceedings, the offended party did
not enter any appearance, or intervene in any other manner, an
ICA can prosper under Art. 33, if no civil liability was adjudged
in the criminal case
This is so even if there was no reservation made
ART. 34
ICA for the liability of City of Municipal police force
1. Primary liability
- Assessed against the member of the police force who refuses
or fails to render aid or protection
2. Subsidiary liability
- Imposed on the city or municipality concerned incase of
The article does not grant to the government the defense of due
diligence in the selection and supervision of policemen
ART. 35
Rule if No ICA is granted
- Applies to cases when there is no ICA, not to tortious action
such as that provided for under Art. 33
ART. 36
Prejudicial Question
- 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 int he criminal case
- The civil case must not only involve same facts upon which the
criminal prosecution would be based, but also that in the
resolution of the issues raised in the resolution of the issues
raised in the said civil action, the guilt or innocence of the
accused will necessarily be determined
1. The civil case involves facts intimately related to those upon
which the criminal prosecution would be based
2. In the resolution of the issue/s raised in the civil action, the guilt
or innocence of the accused would necessarily be determined
3. The jurisdiction to try said question must be lodged in another
Neither is there a PQ if the civil and criminal action can, according
to law, proceed independently of each other
Defendant in criminal case can raise the issue of PQ

If a civil case is filed and during its pendency a criminal case is file

Abesamis, Austinne Joyce D.

Civil Code of the Philippines (PARAS Arts. 1- 51) !8

General Provisions
- Any being, natural or artificial, capable of possessing legal
rights and obligation
- Two kinds:
1. Natural Persons
2. Juridical Persons
ART. 37
Juridical Capacity
- Fitness to be the subject of legal relations
Capacity to Act
- Power to do acts with legal effect
Juridical Capacity

Capacity to Act




Merely acquired

Lost only through death

Lost through death and may be

restricted by other causes

Can exist without capacity to act

Exists always with juridical

capacity to act

Full or Complete civil capacity

- Union of two kinds of capacity
**A person is presumed to have capacity to act
ART. 38
Restrictions of Capacity to Act
- Unlike juridical capacity, capacity to act may be restricted or
- Restrictions:
1. Minority
2. Insanity or imbecility
3. State of being deaf-mute
4. Prodigality
5. Civil interdiction (deprivation by the court of a persons
a) To have parental or marital authority
b) To be the guardian of the person and property
of a ward
c) to dispose of his property by an act inter
d) To manage his own property

Natural Persons
ART. 40
Personality does not begin at birth; it begins at conception
- Presumptive personality
If conditions specified in Art 41 are not complied with, the birth and
death of the child will not be recorded in the civil registry
ART. 41
Kinds of Children
1. Ordinary
- With an intrauterine life of at least 7 months (mere birth is
2. Extraordinary
- Intrauterine life be less than 7 months
- The child must have lived for at least 24 hours after its
complete delivery form the maternal womb
A conceived child, thru the mother, may be the recipient of a
donation; but if the donation be onerous or should prove
burdensome, the donation will not be considered valid
ART. 42
Civil personality is extinguished by death (physical death)
Civil interdiction (civil death) merely restricts, not extinguishes,
capacity to act
Effect of Death determined by:
1. Law
2. Contract
3. Will
Other legal effects of death
1. Right to support ends
2. Marriage ends
3. Tenure of public office ends
**The estate of a decease is a person that may continue the personality
of the deceased even after death for the purpose of settling debts
ART. 43
See Rule 131, Sec. 5(kk), 5(jj)
The article applies when the case involves two or more persons who
are called to succeed each other
- In all other cases, Rule 131, Sec. 5(jj) should apply
Presumptions on survivorship will not apply when there are facts
known or knowable, from which a contrary conclusion can be
- The rule of preponderance of evidence controls

Generally, a minor needs parental consent before he can enter into

an ordinary contract
- But contract entered into by a minor is merely voidable

Juridical Persons

ART. 39
An alien cannot acquire private or public agricultural lands except
thru hereditary succession

ART. 44
A private corporation begins to exist as a juridical person from the
moment a certificate of incorporation is granted to it
- It is not a matter of absolute right but a privilege

Abesamis, Austinne Joyce D.

Civil Code of the Philippines (PARAS Arts. 1- 51) !9

Roman Catholic Church in the Ph is a person

- An entity or person separate and distinct form personality of the
Pope or Holy See
ART. 45
The nationality of a corporation is generally determined by the place
of its incorporation
ART. 46
Right of Juridical Persons
1. To acquire and possess property of all kinds
2. To incur obligation
3. To bring civil or criminal actions
A corporation cannot form a partnership because the relation ship of
trust and confidence found in partnership is absent in a corporation
- A corporation can be bound only by the BOD
- However, it may inter into a joint venture with another
corporation where the nature of the venture is in line with the
business authorized by its charter
RC Church in the Ph can acquire lands
ART. 47
Refers to public corporations or associations
How assets are distributed
1. Apply the provision of law or charter creating the,
2. If there is no such provision
- Assets for the benefit of the place which was already
receiving the principal benefits during the existence of the
corporation or association


- Status of being a citizen , or of owning allegiance to a certain
state for the privilege of being under it
- Political in character
- Racial or ethnic relationship
Kinds of Citizens:
1. Natural-born
- Citizens of the Ph from birth without having to perform any
act to acquire or perfect their citizenship
- Constitution, Art. IV, No. 2
2. Naturalized
- Citizens who become such through judicial proceedings
3. Citizen by election
- Citizens who become such by exercising the option to elect a
particular citizenship, usually within a reasonable time after
reaching the age of majority
Theories on whether place or ancestry determines citizenship
1. Jus soli
- If born in a country, a person is a citizen of the same
- Not applied in the Ph
2. Jus sanguini
- Follows the citizenship of the parents
- followed in the Ph

Exercised by a person of rights and/or privileges are granted only to

Filipino citizens is not conclusive proof that he/she is a Filipino
How statelessness is brought about
1. May have been deprived of his citizenship for any cause such as
commission of a crime
2. Renounced his nationality
3. Voluntarily asked for release from his original state
4. Born in a country which recognizes only jus sanguinis
Personal law of stateless individuals
1. Law of domicile, or
2. Secondarily, law of place of temporary residence
Successional rights governed by national law
- If no nationality or citizenship
Law of domicile
**No person can ever be without a domicile
In this jurisdiction, there can be no independent action for judicial
declaration of citizenship or an individual
- However, it the Court declares a petitioner as already Filipino in
a naturalization case, and thus dismiss the case for reason stated,
the declaration even if erroneous, does not render the decision
void, and would acquire force and effect, unless reversed on
ART. 48
Citizens of the Ph under the 1987 Constitution
- Art. IV, Sec. 1
Children of Filipino Fathers
A. Minor child born before naturalization
1. If born in Ph= Filipino
2. If born outside Ph
- If dwelling in Ph at the time of parents
naturalization= Filipino
- If dwelling outside Ph at time of parents
naturalization= Filipino only during his minority
unless he resides permanently in Ph when still a
minorcontinues to be a Ph citizen even after
becoming of age
B. A minor child born after naturalization
1. If born in Ph= Filipino
2. If born outside Ph= Considered Filipino, unless within
one year after reaching the age of majority, he fails to
register himself as Ph citizen in the Ph consulate of the
country where he resides
- If already of age at the time of parents
naturalization= does not become a Filipino citizen
unless they themselves are naturalized
- Minors born in Ph before or after naturalization,
born outside Ph at the time of parents
naturalization= No condition imposed by law;
considered a Filipino citizen
ART. 49
- Process of acquiring citizenship of another country
- Strict sense: Judicial process, where formalities of law have to
be complied with
- Loose and broad sense: Not only the judicial process but also
the acquisition of another citizenship by acts such as marriafe to
a citizen, and exercise of option to elect a particular citizenship

Abesamis, Austinne Joyce D.

Civil Code of the Philippines (PARAS Arts. 1- 51) !10

- Enrollment is sufficient, completion of primary and

Citizenship is not a right but a privilege

secondary education is not demanded

- All children concerned must be enrolled; failure to enroll

Only foreigners may be naturalized

Qualifications for naturalization (Sec. 2, CA 473, as amended)
- Minors do not have to file a petition for naturalization; if
their father is naturalized, they generally also become
- Age requirement is as of date of the hearing of the petition;
not the date of declaration of intention, no even the date of
filing of the petition
2. Ten years residence
- Not merely legal residence but ACTUAL and
To enable the government and community to
observe the conduct of appellant
To ensure his having imbibed the principles and
spirit of our institutions
- Residence requirements is reduced to five years in the ff:
a) Applicant honorably held office under the
government of the Ph or under any other of its
provinces, cities, or political subdivision thereof;
b) Established a new industry or introduced a useful
invention in Ph
c) Married to a Filipina
d) Engaged as a teacher in public or recognized
private school not established for exclusive
instruction of children of particular race or
nationality for a period of two years
e) Born in Ph (Sec. 3, CA 473)

**Although residence must be actual, substantial and continuous, still

physical presence is not necessarily required for the entire period
required of the petitioner
- So long as there is intent to return (animus revertendi) it may
still be considered continuous
- Temporary absence must be of short duration




Good morals and conduct and belief in the principles of the

- Lack of conviction of a criminal offense does not necessarily
mean that petitioner is of good moral character
- What constitutes proper and irreproachable conduct must
be determined, not by the law of the country of which the
petitioner is a citizen, but by the standards of morality
prevalent in Ph
Real estate or occupation
- Requirement as to the ownership of real estate in the Ph or
the possession of some lucrative trade, profession or lawful
occupation is the alternative
This has to be so in the face of the
Constitutional prohibition in general against
landholdings by aliens
- For lucrative employment to be present
There must be appreciable margin of income
over expenses in order to provide for adequate
To forestall becoming an object of charity
Language requirement
- A deaf-mute cannot speak; he cannot be naturalized
- If the applicant can understand but cannot speak and write
the required language, he is not qualified
Enrollment of minor children of school age
- Preparation to a life of responsible and law-abiding

even one of them will result in denial of petition

Disqualification for Naturalization
- Sec. 4, Naturalization Law
Naturalization law is strictly construed; any doubts are resolved
against the applicant
How citizenship may be lost in general
1. By substitution of new nationality
2. By renunciation of citizenship
3. By deprivation
4. By release
5. By expiration
ART. 50
Ones permanent place of abode

Citizenship and Nationality

Indicates ties of allegiance and

Domicile of Origin
- Assigned by law at the moment of birth
Domicile by operation of law or constructive domicile
- Assigned by law after birth on account of legal disability caused
for instance by minority, insanity, or marriage in case of a
Domicile of Choice
- Because he has home there that to which whenever he is
absent, he intends to return
Domicile of Origin

Constructive Domicile

Acquired at birth

Given after birth

Applies only to infants

Refers to all those who lack

capacity to choose their own

Never changes

May change from time to time

Of Origin and Constructive

Fixed by law

Domicile of Choice
Result of voluntary will and
action of person concerned

Rules for Domicile of Origin

1. Legitimate Child
- Domicile of choice of the father at the moment of birth of
the child
- If born after death of the father, domicile is the domicile of
choice of the mother
2. Illegitimate Child
- Domicile of choice of mother at time of birth of child
3. Legitimated Child
- Domicile of father at time of birth
4. Adopted Child
- Domicile of real parents or parent of consanguinity

Abesamis, Austinne Joyce D.

Civil Code of the Philippines (PARAS Arts. 1- 51) 1! 1


- Country where found

Rules for Constructive Domicile

A. Rules for Infants
1. Legitimate- choice of father
2. Illegitimate- choice of mother
3. Adopted- choice of adopter
4. Ward- choice of guardian
B. Rules for Married Woman
1. Valid Marriage
- Choice of husband
2. Voidable Marriage
- Prior to annulment, constructive domicile of wife
is the domicile of choice of husband, unless
permitted under the circumstances to select her
own domicile of choice
- After marriage is annulled, she no longer has any
constructive domicile
If she decides to remain in the domicile of her
husband, it becomes her own freely selected
domicile of choice
3. Void Marriage
- It was as if there was no marriage, wife is under no
legal disability= no constructive domicile
- If she continues to live in the domicile of her
husband, it would be her domicile of choice
C. Rules for Idiots, Lunatics and Insane
- Generally devoid of intelligence that may enable them to
freely select their own domicile of choice
- Law assigns to them their domicile
1. Below age of majority: rules for infants are applicable
2. Above age of majority
- If they have guardians, follows domicile of choice
of guardians
- If they have no guardians, constructive domicile is
the place where they had their domicile of choice
shortly before they became insane
- May acquire domicile of choice if they had lucid interval at
the time the choice was made


Where legal representation is established, or

Where they exercise their principal functions

Corporations with a Head office and with branches

- Domicile is where the head office is located

Rules for Domicile of Choice

- That which is voluntarily chosen
- Fundamental principles:
1. No natural person must ever be without a domicile
2. No person can have two or more domiciles at the same
time, except for certain purposes
3. Every sui juris may change his domicile
4. Once acquired, it remains the domicile unless anew one
is obtained:
a) By a capacitated person
b) With freedom of choice
c) With actual physical presence in the place
d) And a provable intent that it should be ones
fixed and permanent place of abode
While residence is more or less temporary, domicile is more or less
**Marcos v. Comelec, GR no. 119976
ART. 51
Rules for determining domicile of juridical persons
A. Get domicile provided for in the law creating or recognizing
the, or in their articles of agreement
B. If not provided for, get the place:

Abesamis, Austinne Joyce D.