Article 1. This Act shall be known as the Civil Code of the Philippines. Article 15.

5. Laws relating to family rights and duties, or to the status,

Article 2. Laws shall take effect after fifteen days following the condition and legal capacity of persons are binding upon citizens of
completion of their publication in the Official Gazette, unless it is the Philippines, even though living abroad. (9a)
otherwise provided. This Code shall take effect one year after
publication. Article 16. Real property as well as personal property is subject to
Article 3. Ignorance of the law excuses no one from compliance the law of the country where it is situated.
therewith.(2)
However, intestate and testamentary successions, both with respect
Article 4. Laws shall have no retroactive effect, unless the contrary is
to the order of succession and to the amount of successional rights
provided. (3)
and to the intrinsic validity of testamentary provisions, shall be
Article 5. Acts executed against the provisions of mandatory or regulated by the national law of the person whose succession is
prohibitory laws shall be void, except when the law itself authorizes under consideration, whatever may be the nature of the property
their validity. (4a) and regardless of the country wherein said property may be found.
(10a)
Article 6. Rights may be waived, unless the waiver is contrary to law,
public policy, morals or good customs, or prejudicial to a third Article 17. The forms and solemnities of contracts, wills, and other
person with a right recognized by law. public instruments shall be governed by the laws of the country in
which they are executed.
Article 7. Laws are repealed only by subsequent ones, and their
violation or non-observance shall not be excused by disuse, or When the acts referred to are executed before the diplomatic or
custom, or practice to the contrary. consular officials of the Republic of the Philippines in a foreign
country, the solemnities established by Philippine laws shall be
When the courts declare a law to be inconsistent with the observed in their execution.
Constitution, the former shall be void and the latter shall govern.
Prohibitive laws concerning persons, their acts or property, and
Administrative or executive acts, orders and regulations shall be those which have for their object public order, public policy and
valid only when they are not contrary to the laws or the good customs shall not be rendered ineffective by laws or
Constitution. judgments promulgated, or by determinations or conventions
agreed upon in a foreign country. (11a)
Article 8. Judicial decisions applying or interpreting the laws or the
Constitution shall form part of the legal system of the Philippines. (n) Article 18. In matters which are governed by the Code of Commerce
and special laws, their deficiency shall be supplied by the provisions
Article 9. No judge or court shall decline to render judgment by of this Code. (16a)
reason of the silence, obscurity or insufficiency of the laws. (6)
Article 19. Every person must, in the exercise of his rights and in the
Article 10. In case of doubt in the interpretation and application of performance of his duties, act with justice, give everyone his due,
laws, it is presumed that the lawmaking body intended right and and observe honesty and good faith.
justice to prevail. (n)
Article 20. Every person who, contrary to law, willfully or negligently
Article 11. Customs which are contrary to law, public order or public causes damage to another, shall indemnify the latter for the same.
policy shall not be countenanced. (n)
Article 21. Any person who willfully causes loss or injury to another
Article 12. A custom must be proved as a fact, according to the rules in a manner that is contrary to morals, good customs or public policy
of evidence. (n) shall compensate the latter for the damage

Article 13. When the law speaks of years, months, days or nights, it Article 22. Every person who through an act or performance by
shall be understood that years are of three hundred sixty-five days another, or any other means, acquires or comes into possession of
each; months, of thirty days; days, of twenty-four hours; and nights something at the expense of the latter without just or legal ground,
from sunset to sunrise. shall return the same to him.

If months are designated by their name, they shall be computed by Article 23. Even when an act or event causing damage to another’s
the number of days which they respectively have. property was not due to the fault or negligence of the defendant,
the latter shall be liable for indemnity if through the act or event he
In computing a period, the first day shall be excluded, and the last
was benefited.
day included. (7a)
Article 24. In all contractual, property or other relations, when one
Article 14. Penal laws and those of public security and safety shall be
of the parties is at a disadvantage on account of his moral
obligatory upon all who live or sojourn in Philippine territory, subject
dependence, ignorance, indigence, mental weakness, tender age or
to the principles of public international law and to treaty
other handicap, the courts must be vigilant for his protection.
stipulations. (8a)
Article 25. Thoughtless extravagance in expenses for pleasure or Article 32. Any public officer or employee, or any private individual,
display during a period of acute public want or emergency may be who directly or indirectly obstructs, defeats, violates or in any
stopped by order of the courts at the instance of any government or manner impedes or impairs any of the following rights and liberties
private charitable institution. of another person shall be liable to the latter for damages:

Article 26. Every person shall respect the dignity, personality, (1) Freedom of religion; (2) Freedom of speech; (3) Freedom to write
privacy and peace of mind of his neighbors and other persons. The for the press or to maintain a periodical publication; (4) Freedom
following and similar acts, though they may not constitute a criminal from arbitrary or illegal detention; (5) Freedom of suffrage;
offense, shall produce a cause of action for damages, prevention and
other relief: (6) The right against deprivation of property without due process of
law; (7) The right to a just compensation when private property is
(1) Prying into the privacy of another’s residence; taken for public use; (8) The right to the equal protection of the
laws; (9) The right to be secure in one’s person, house, papers, and
(2) Meddling with or disturbing the private life or family relations of effects against unreasonable searches and seizures;(10) The liberty
another; of abode and of changing the same;

(3) Intriguing to cause another to be alienated from his friends; (11) The privacy of communication and correspondence; (12) The
right to become a member of associations or societies for purposes
(4) Vexing or humiliating another on account of his religious beliefs,
not contrary to law; (13) The right to take part in a peaceable
lowly station in life, place of birth, physical defect, or other personal
assembly to petition the government for redress of grievances; (14)
condition.
The right to be free from involuntary servitude in any form; (15) The
right of the accused against excessive bail;
Article 27. Any person suffering material or moral loss because a
public servant or employee refuses or neglects, without just cause,
(16) The right of the accused to be heard by himself and counsel, to
to perform his official duty may fi le an action for damages and other
be informed of the nature and cause of the accusation against him,
relief against the latter, without prejudice to any disciplinary
to have a speedy and public trial, to meet the witnesses face to face,
administrative action that may be taken.
and to have compulsory process to secure the attendance of witness
in his behalf; (17) Freedom from being compelled to be a witness
Article 28. Unfair competition in agricultural, commercial or
against one’s self, or from being forced to confess guilt, or from
industrial enterprises, or in labor through the use of force,
being induced by a promise of immunity or reward to make such
intimidation, deceit, machination or any other unjust, oppressive or
confession, except when the person confessing becomes a State
highhanded method shall give rise to a right of action by the person
witness; (18) Freedom from excessive fines, or cruel or unusual
who thereby suffers damage.
punishment, unless the same is imposed or inflicted in accordance
Article 29. When the accused in criminal prosecution is acquitted on with a statute which has not been judicially declared
the ground that his guilt has not been proved beyond reasonable unconstitutional; and
doubt, a civil action for damages for the same act or omission may
(19) Freedom of access to the courts. In any of the cases referred to
be instituted. Such action requires only a preponderance of
in this article, whether or not the defendant’s act or omission
evidence. Upon motion of the defendant, the court may require the
constitute a criminal offense, the aggrieved party has a right to
plaintiff to file a bond to answer for damages in case the complaint
commence an entirely separate and distinct civil action for damages,
should be found to be malicious.
and for other relief. Such civil action shall proceed independently of
If in a criminal case the judgment of acquittal is based upon any criminal prosecution (if the latter be instituted), and may be
reasonable doubt, the court shall so declare. In the absence of any proved by a preponderance of evidence.
declaration to that effect, it may be inferred from the text of the
The indemnity shall include moral damages. Exemplary damages
decision whether or not the acquittal is due to that ground.
may also be adjudicated.
Article 30. When a separate civil action is brought to demand civil
The responsibility herein set forth is not demandable from a judge
liability arising from a criminal offense, and no criminal proceedings
unless his act or omission constitutes a violation of the Penal Code
are instituted during the pendency of the civil case, a preponderance
or other penal statute.
of evidence shall likewise be sufficient to prove the act complained
of.
Article 33. In cases of defamation, fraud, and physical injuries, a civil
action for damages, entirely separate and distinct from the criminal
Article 31. When the civil action is based on an obligation not arising
action, may be brought by the injured party. Such civil action shall
from the act or omission complained of as a felony, such civil action
proceed independently of the criminal prosecution, and shall require
may proceed independently of the criminal proceedings and
only a preponderance of evidence.
regardless of the result of the latter.
Article 35. When a person, claiming to be injured by a criminal Article 43. If there is doubt, as between two or more persons who
offense, charges another with the same, for which no independent are called to succeed each other, as to which of them died fi rst,
civil action is granted in this Code or any special law, but the justice whoever alleges the death of one prior to the other, shall prove the
of the peace finds no reasonable grounds to believe that a crime has same; in the absence of proof, it is presumed that they died at the
been committed, or the prosecuting attorney refuses or fails to same time and there shall be no transmission of rights from one to
institute criminal proceedings, the complainant may bring a civil the other. (33)
action for damages against the alleged offender.
Article 44. The following are juridical persons: (1) The State and its
Such civil action shall be supported by preponderance of evidence. political subdivisions;
Upon the defendant’s motion, the court may require the plaintiff to
fi le a bond to indemnify the defendant in case the complaint should (2) Other corporations, institutions and entities for public interest or
be found to be malicious. purpose, created by law; their personality begins as soon as they
have been constituted according to law;
If during the pendency of the civil action, an information should be
presented by the prosecuting attorney, the civil action shall be (3) Corporations, partnerships and associations for private interest
suspended until the termination of the criminal proceedings. or purpose to which the law grants a juridical personality, separate
and distinct from that of each shareholder, partner or member.
Article 36. Prejudicial questions, which must be decided before any (35a)
criminal prosecution may be instituted or may proceed, shall be
governed by the rules of court which the Supreme Court shall Article 45. Juridical persons mentioned in Nos. 1 and 2 of the
promulgate and which shall not be in conflict with the provisions of preceding article are governed by the laws creating or recognizing
this Code. them. Private corporations are regulated by laws of general
application on the subject. Partnerships and associations for private
Article 37. Juridical capacity, which is the fitness to be the subject of interest or purpose are governed by the provisions of this Code
legal relations, is inherent in every natural person and is lost only concerning partnerships. (36 and 37a)
through death. Capacity to act, which is the power to do acts with
legal effect, is acquired and may be lost. (n) Article 46. Juridical persons may acquire and possess property of all
kinds, as well as incur obligations and bring civil or criminal actions,
Article 38. Minority, insanity or imbecility, the state of being a deaf- in conformity with the laws and regulations of their organization.
mute, prodigality and civil interdiction are mere restrictions on the (38a)
capacity to act, and do not exempt the incapacitated person from
certain obligations, as when the latter arise from his acts or from Article 47. Upon the dissolution of corporations, institutions and
property relations, such as easements. (32a) other entities for public interest or purpose mentioned in No. 2 of
Article 44, their property and other assets shall be disposed of in
Article 39. The following circumstances, among others, modify or pursuance of law or the charter creating them. If nothing has been
limit capacity to act: age, insanity, imbecility, the state of being a specified on this point, the property and other assets shall be
deaf-mute, penalty, prodigality, family relations, alienage, absence, applied to similar purposes for the benefit of the region, province,
insolvency and trusteeship. The consequences of these city or municipality which during the existence of the institution
circumstances are governed in this Code, other codes, the Rules of derived the principal benefits from the same. (39a)
Court, and in special laws. Capacity to act is not limited on account
of religious belief or political opinion. Article 48. The following are citizens of the Philippines: (1) Those
who were citizens of the Philippines at the time of the adoption of
A married woman, twenty-one years of age or over, is qualified for the Constitution of the Philippines;
all acts of civil life, except in cases specified by law.
(2) Those born in the Philippines of foreign parents who, before the
Article 40. Birth determines personality; but the conceived child adoption of said Constitution, had been elected to public office in
shall be considered born for all purposes that are favorable to it, the Philippines;
provided it be born later with the conditions specified in the
following article. (29a) (3) Those whose fathers are citizens of the Philippines;

Article 41. For civil purposes, the foetus is considered born if it is (4) Those whose mothers are citizens of the Philippines and, upon
alive at the time it is completely delivered from the mother’s womb. reaching the age of majority, elect Philippine Citizenship;
However, if the foetus had an intra-uterine life of less than seven
(5) Those who are naturalized in accordance with law.
months, it is not deemed born if it dies within twenty-four hours
after its complete delivery from the maternal womb. (30a)
Article 49. Naturalization and the loss and reacquisition of
citizenship of the Philippines are governed by special laws. (n)
Article 42. Civil personality is extinguished by death. The effect of
death upon the rights and obligations of the deceased is determined
by law, by contract and by will. (32a)
Article 50. For the exercise of civil rights and the fulfillment of civil
obligations, the domicile of natural persons is the place of their
habitual residence. (40a)

Article 51. When the law creating or recognizing them, or any other
provision does not fi x the domicile of juridical persons, the same
shall be understood to be the place where their legal representation
is established or where they exercise their principal functions. (41a)