CIVIL CODE REVIEWER:
Law
It is an ordinance of reason promulgated for the common good by
Him Who is in charge.
Civil Law
It is 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 obligations and contracts.
It is that mass of precepts that determine and regulate the relations
of assistance, authority, and obedience among members of a family,
and those which exist among members of a society for the
protection of private interests.
Civil Law vs Political Law
While civil law governs the relations of the members of a community
with one another, political law deals with the relations of the people
and the government.
Civil Code (New Civil Code: took effect on August 30, 1950)
It is a compilation of existing civil laws, scientically arranged into
books, titles, chapters, and subheads and promulgated by legislative
authority. A codication may be necessary to provide for simplicity,
unity, order, and reform in legislation. From time to time, however,
additional civil statutes, civil presidential decrees (during the
existence of martial law), or civil executive orders may be
promulgated.
Sources of the Civil Code
The Civil Code of Spain
The Philippine Constitution of 1935
Statutes or Laws (Philippine, American, European)
Rules of Court (local and foreign)
Decisions of local tribunals (particularly the Supreme
Court)
Decisions of foreign tribunals
Customs and traditions of our people
General principles of law and equity
Ideas from the Code Commission itself
Books of the Civil Code
Book I Persons (Note Book I is called Persons
instead of Persons and Family Relations because juridical
persons such as corporations, which are likewise referred
to in Book I, have NO families.)
Book II Property, Ownership, and its Modi cations
Book III Different Modes of Acquiring Ownership (
Book IV Obligations and Contracts
Other Parts: 1) Preliminary Title 2) Human Relations 3)
Transitional Provisions 4) Repealing Clause
Need for a Preliminary Title
The purpose of this Title is to set forth general principles.
WHEN LAWS TAKE EFFECT:
General Rule: 15 days after completion of publication in OG or
newspaper of general circulation
Exception: The law can provide for its own date of effectivity, i.e.,
less than or greater than 15 days after publication
Publication is MANDATORY (even if the law provides its
own date of effectivity)
Publication must be in full (otherwise it is not deemed
published at all) since its PURPOSE is to inform the public
of its contents.
Effect of Publication: The people are deemed to have conclusively
been notified of the law even if they have not read them.
COVERED BY PUBLICATION REQUIREMENT:
Presidential Decrees and Executive Orders
Administrative rules and regulations, if their purpose is to
enforce or implement existing law pursuant to a valid
legislation
NOT COVERED BY THE REQUIREMENT OF PUBLICATION:
Interpretative regulations and those administrative
regulations internal in nature
Letters of Instructions
Municipal ordinances (because they are covered by the
Local Government Code)
COMPLIANCE WITH THE LAW
Ignorance of the law excuses no one from compliance therewith. We
refer not only to the literal words of the law itself, but also to the
meaning or interpretation given to said law by our courts of justice.
Applicability of the Maxim:
Applies to all kinds of domestic laws, whether civil or penal
and whether substantive or remedial on grounds of
expediency, policy, and necessity, i.e., to prevent evasion
of the law. However, the maxim refers only to mandatory
or prohibitive laws, not to permissive or suppletory laws.
Ignorance of foreign law is not ignorance of the law, but
ignorance of the fact because foreign laws must be alleged
and proved as matters of fact, there being no judicial
notice of said foreign laws.
IGNORANCE OF THE LAW VS IGNORANCE OF THE FACT
While ignorance of the law is no excuse for not complying with the
law, ignorance of the fact eliminates criminal intent as long as there
is no negligence.
The following have been held to be mere honest mistakes of facts:
An honest error made by a lawyer in the interpretation of
the law.
An erroneous belief that a certain court had jurisdiction to
grant an absolute divorce
If a girl married without parental consent thinking she was
already of a certain age when as a matter of fact she was
several years younger, she is not criminally liable, for this
is an honest mistake of fact.
Ignorance of the Law as the Basis of Good Faith
A mistake on a doubtful or difcult question of law may be the basis
of good faith. This does not mean, however, that one is excused
because of such ignorance. He is still liable, but his liability shall be
mitigated, i.e., while he will still be considered as a debtor, he will be
a debtor in good faith.
RETROACTIVITY
In general, laws are prospective, not retroactive. If the rule was that
laws were retroactive, grave injustice would occur, for these laws
would punish individuals for violations of laws not yet enacted.
Exceptions:
Penal laws when favorable to the accused who is not a
habitual delinquent
Interpretative statutes
When the law itself expressly provides (Exception to the
exception: a. ex post facto law b. when retroactivity
impairs the obligation of contract)
Remedial statutes
Curative statutes
Emergency laws
Laws creating new rights
MANDATORY OR PROHIBITORY LAWS
It should be noted that Art. 5 refer to mandatory or prohibitory laws,
as distinguished from those which are merely permissive. 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 (like penal and some contractual
laws):
Positive when something must be done
Negative or prohibitory when something should not be
done
Exceptions:
When the law makes the act not void but merely voidable
(valid, unless annulled) at the instance of the victim.
When the law makes the act valid, but subjects the
wrongdoer to criminal responsibility.
When the law makes the act itself void, but recognizes
some legal effects owing therefrom.
When the law itself makes certain acts valid although
generally they would have been void.
RULES FOR THE WAIVER OF RIGHTS
General rule: Rights may be waived.
Exceptions: (a) When the waiver is contrary to law, public order,
public policy, morals, or good customs. (b) When the waiver is
prejudicial to a third person with a right recognized by law.
Right it is the power or privilege given to one person and as a rule
demandable of another. It may be: 1) real rights enforceable
against the whole world (absolute rights) and personal rights
enforceable against a particular individual (relative rights).
Waiver the intentional or voluntary relinquishment of a known
right, or such conduct as warrants an inference of the
relinquishment of such right.
Requisites for a Valid Waiver:
Person making the waiver must have the right he is
waiving.
He must have the capacity to make the waiver.
The waiver must be made in a clear and unequivocal
manner.
Such waiver is not contrary to law, public order, public
policy, morals or good customs or is prejudicial to third
person.
If required, formalities must be complied with.
Examples of Rights that cannot be renounced:
Natural rights, such as the right to life
Alleged rights which really do not yet exist
Those the renunciation of which would infringe upon
public policy
When the waiver is prejudicial to a third person with a
right recognized by law
REPEAL OF LAWS
1. Express repeal - repeal of repealing law will not revive the old law
(unless expressly provided)
2. Implied repeal - the provisions of the subsequent law are
incompatible with those of the previous law
Requisites:
Both laws cover the same subject matter.
The latter law is repugnant to the earlier law.
Are Judicial Decisions Laws?
While it is true that decisions which apply or interpret the
Constitution or the laws are part of the legal system of the
Philippines still they are NOT laws, if this were so, the courts would
be allowed to legislate contrary to the principle of separation of
powers. Indeed, the courts exist in order to state what the law is,
not for giving it.
CUSTOMS
These are rules of conduct formed by repetition of acts, uniformly
observed as a social rule, legally binding and obligatory.
A local custom as a source of right cannot be considered
by a court of justice unless such custom is properly
established by competent evidence like any other fact.
Juridical custom must be differentiated from social
custom. Juridical custom can supplement statutory law or
applied in the absence of such statute. Not so with social
custom.
Custom, even if proven, cannot prevail over a statutory
rule or even a legal rule enunciated by Supreme Court.
LAW VS CUSTOM
While 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.
Kinds of Customs:
A general custom is that of a country; a custom of the
place is one where an act transpires.
A custom may be propter legem (in accordance with law)
or contra legem (against the law). It is unnecessary to
apply the rst, because it merely repeats the law; it is
wrong to apply the second.
REQUISITES FOR MAKING CUSTOM AN OBLIGATORY RULE:
Plurality of acts or acts has been repeatedly done.
Generally practiced by the great mass of the social group.
The community accepts it as a proper way of acting, such
that it is considered obligatory upon all.
The practice has been going on for a long period of time.
ART. 13: EXAMPLES OF HOW PERIODS ARE COMPUTED
10 months = 300 days {Thus, a debt payable in 10 months
must be paid at the end of 300 days, and not on the same
date of a month, ten months later.}
1 year = 365 days
March = 31 days
One week = seven successive days. But a week of labor, in
the absence of any agreement, is understood to
comprehend only six labor days.
Civil or Solar Month
The civil or solar or calendar month is that which agrees with the
Gregorian calendar, and those months in said calendar are known by
the names of January, February, March, etc. They are composed of
unequal portions of time.
The general rule is that when months are not designated by name, a
month is understood to be only 30 days; thus, Art. 90 of the Revised
Penal Code refer to a 30-day month, and not to the solar or civil
month.
Meaning of Day Applied to the Filing of Pleadings
If the last day for submitting a pleading is today, and at 11:40 p.m.
(after ofce hours) today it is led, the Supreme Court has held that
it is properly led on time because a day consists of 24 hours.
Computation of Periods
In computing a period, the rst day shall be excluded, and the last
day included.
Rule if the Last Day is a Sunday or a Legal Holiday
If the last day is a Sunday or a legal holiday, is the act due that day or
the following day? It depends.
In an ordinary contract, the general rule is that an act is
due even if the last day be a Sunday or a legal holiday.
Thus, a debt due on a Sunday must, in the absence of an
agreement, be paid on that Sunday.
When the time refers to a period prescribed or allowed by
the Rules of Court, by an order of the court, or by any
other applicable statute, if the last day is a Sunday or a
legal holiday, it is understood that the last day should
really be the next day, provided said day is neither a
Sunday nor a legal holiday.
ART 14: Theories of Territoriality and Generality
We adhere in the Philippines to that doctrine in criminal law known
as the theory of territoriality; i.e., any offense committed within our
territory offends the state. Therefore any person whether citizen or
alien, can be punished for committing a crime here. Thus, the
technical term generality came into being; it means that even aliens,
male or female come under our territorial jurisdiction. This is
because aliens owe some sort of allegiance even if it be temporary.
Exception:
Firstly, the principles of public international law.
Secondly, the presence of treaty stipulations
STARE DECISIS requires courts to follow the rule established in
earlier SC decisions. The doctrine, however, is not inflexible, so that
when in the light of changing conditions, a rule has ceased to be
beneficial to the society, courts may depart from it.
LAWS APPLICABLE:
1. Penal Laws principle of territoriality applies, those of public
security and safety obligatory upon all who live or sojourn in the
Philippines.
2. Status Laws principle of nationality applies, laws relating to
family rights and duties or to the status, condition and legal capacity
of persons binding upon Filipino citizens even though living abroad.
Exception: Article 26(2) of Family Code
3. Laws on property lex rei sitae: real property as well as personal
property is subject to the law of the country where it is situated.
4. Laws on forms and solemnities lex loci celebrationis applies.
RULES ON INSTRINSIC VALIDITY OF CONTRACTS:
Law stipulated by parties shall be applied.
In default thereof and the parties are of the same
nationality, their national law shall be applied.
If the parties are of different nationalities, the law of the
place of the perfection of the obligation or of the
performance shall govern its fulfillment.
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 passive subject shall apply.
RENVOL DOCTRINE: Where the conflict rules of the forum
refer to a foreign law, and the latter refers it back to the
internal law, the latter law (law of forum) shall apply.
If the foreign law refers it to a third country, the said countrys law
shall govern (transmission theory).
judgments promulgated or conventions agreed upon in foreign
country.
Exception: Art. 26 (2) of Family Code
PRINCIPLE OF ABUSE OF RIGHTS (Art. 19)
When the right is exercised for the purpose of prejudicing or injuring
another
REQUISITES: 1. There is a legal right or duty; 2. Which is exercised in
bad faith; 3. For the sole intent of prejudicing or injuring another.
DOCTRINE OF VOLENTI NON FIT INJURIA
Pertains to self-inflicted injuries or to the consent to injury which
precludes the recovery of damages by one who has knowingly and
voluntarily exposed himself to danger, even if he is not negligent in
doing so
ACTS CONTRA BONUS MORES (Art. 21)
Presupposes loss or injury, material or otherwise, which one may
differ as a result of such violation
ELEMENTS: 1. There is an act which is legal. 2. But which is contrary
to morals, good customs, public order, or public policy; 3. And it is
done with intent to injure.
Under Art. 19 & 21 the act must be done intentionally. However,
Art. 20 does not distinguish, the act may be done either willfully or
negligently, as long as the act is be contrary to law.

CONFLICT RULES While a breach of promise to marry is not actionable, it has been
held that to formally set a wedding and go through and spend for all
Formalities for the acquisition, encumbering, and alienation of
the wedding preparations and publicity, only to walk out of it when
property shall be governed not by lex rei sitae (law of the place
the matrimony was about to be solemnized is a different matter.
where the property is situated) but lex loci celebrationis.
Such act is palpably and unjustifiably contrary to good customs for
which the defendant must be held answerable for damages in
Applications of the Doctrine of Lex Rei Sitae
accordance with Art. 21 of the NCC.
Shares of stock of a foreigner, even if personal property, can be
ACCION IN REM VERSO (Art. 22)
taxed in the Philippines so long as the property is located in this
country.
Action for recovery of what has been paid without just cause
Art. 17: speaks of the extrinsic validity of contracts, wills, and other
REQUISITES:
public instruments. It is silent on what law shall govern the intrinsic
validity of contracts. Defendant has been enriched
Plaintiff suffered a loss
DOCTRINE OF PROCESSUAL PRESUMPTION
Enrichment of defendant is without just or legal ground
Plaintiff has no other action based on contract, quasi-
The foreign law, whenever applicable, should be proved by the
contract, crime, or quasi-delict.
proponent thereof; otherwise, such law shall be presumed to be
exactly the same as the law of the forum.
Distinguished from solutio indebiti: Mistake is an essential element
in solutio indebiti but not in accion in rem verso
RULES ON PROHIBITIVE LAWS
PROTECTION OF HUMAN DIGNITY (Art. 26)
General Rule: Prohibitive laws concerning persons, their acts or
property and laws which have for their object public order, public
Every person shall respect the dignity, personality, privacy and peace
policy or good customs are not rendered ineffective by laws,
of mind of his neighbors and other persons. Acts which, though not
criminal, produce cause of action for damages, prevention, and Art. 34: police refuses/fails to render aid or protection to any person
other relief: in case of danger to life or property.

Prying into the privacy of anothers residence. Independent Civil Action for the Liability of City or Municipal Police
Meddling with or disturbing the private life or family Force
relations of another.
Intriguing to cause another to be alienated from friends. (a) Primary liability is assessed against the member of the police
Vexing or humiliating another on account of his religious force who refuses or fails to render aid or protection.
beliefs, lowly station in life, place of birth, physical defect,
(b) Subsidiary liability is imposed on the city or municipality
or other personal condition.
concerned in case of insolvency.
RELIEF AGAINST PUBLIC OFFICIALS (Art. 27)
Does the Article Apply to the Philippine National Police (PNP) Force
A public officer who commits a tort or other wrongful act, done in and to National Government? NO.
excess or beyond the scope of his duty, is not protected by his office
Art. 35: Rule if No Independent Civil Action Is Granted
and is personally liable therefore like any private individuals.
This Article applies to cases when there is no independent civil
Art. 29: Criminal and Civil Liabilities
action (such as when the liability sought to be recovered arises from
Under the Revised Penal Code (Art. 100) a person criminally liable is a crime); and not to a tortious action such as that provided for under
also civilly liable. The two liabilities are separate and distinct from Art. 33.
each other; the criminal aspect affects the social order; the civil,
ART. 36: PREJUDICIAL QUESTIONS
private rights. One is for the punishment or correction of the
offender, while the other is for reparation of damages suffered by
A prejudicial question is one which must be decided rst before a
the aggrieved party.
criminal action may be instituted or may proceed because a decision
therein is vital to the judgment in the criminal case.
Criminal liability is harder to prove than civil liability because the
former demands proof of guilt beyond reasonable doubt; the other,
General Rule: if both criminal and civil cases are filed in court, the
mere preponderance of evidence. Now then if criminal conviction is
criminal case takes precedence.
not obtained because of reasonable doubt there is still a chance that
the civil liability can be held to exist because of preponderance of Exception: When there is a prejudicial question or a question that
evidence. arises in a case, the resolution of which is a logical antecedent of the
issue involved herein, and the cognizance of which pertains to
CIVIL ACTIONS
another tribunal.
When accused is acquitted in a criminal case because his guilt was
Elements:
not proved beyond reasonable doubt: plaintiff may still file a civil
action for damages for the same act or omission. Civil action involves an issue intimately related to the issue
in criminal action.
Independent civil actions: Articles 31 to 34, 2176
Resolution of issue in civil case determines whether or not
the criminal action may proceed.
Art. 31: based on an obligation NOT arising from felony
Cognizance of civil case pertains to another tribunal.
Art. 32: violation of civil liberties

Reason for the Creation of an Independent Civil Action under Art.

32

Sometimes the fiscal (prosecutor) is afraid to prosecute

fellow public ofcials, and the citizen may be left without
redress.
Even when the scal (prosecutor) les a criminal case, still
said case requires proof of guilt beyond reasonable doubt,
a requirement much harder to comply with than mere
preponderance of evidence.
There are many unconstitutional acts which are not yet
made crimes. The remedy for this is clearly a civil action.

Art. 33: defamation, fraud, and physical injuries