CIVIL LAW 2019

I. GENERAL PRINCIPLES  Article 3 applies only to ignorance of Philippine law. It does

A. Effect and Application of Laws not apply to foreign law. In Private International Law, foreign
Art. 2. Laws shall take effect after fifteen days following the law must be proven even if it is applicable. Otherwise, the
completion of their publication in the Official Gazette, unless courts will presume the foreign law to be the same as
it is otherwise provided. This Code shall take effect one year Philippine law. Art. 4. Laws shall have no retroactive effect,
after such publication. unless the contrary is provided.
 “This code shall take effect 1 year after such publication.”  Lex de futuro judex de preterito (The law provides for the
The SC in the case of Lara vs. Del Rosario that the one year future, the judge for the past).
should be counted from the date of actual release and not the  Retroactive law – one which creates a new obligation and
date of issue. imposes a new duty or attaches a new disability with respect
 Executive Order No. 200 supersedes Article 2 regarding the to transactions or considerations already past.
time of effectivity of laws.  General Rule: Law must be applied prospectively.
 “15 days following” - does this mean on the 15th or 16th day?  Exceptions:
The law is not clear. 1. If the statute provides for retroactivity. Exception to the
 Under Article 2, publication in the Official Gazette was exception:
necessary. Now, under E.O. No. 200, publication may either be a. Ex post facto laws
in the Official Gazette or a newspaper of general publication. b. Laws which impair the obligation of contracts
 “Unless otherwise provided” refers to when the law shall 2. Penal laws insofar as it favors the accused who is not a
take effect. It does not mean that publication can be dispensed habitual criminal, even though at the time of the enactment of
with. Otherwise, that would be a violation of due process. such law final sentence has already been rendered.
 General Rule: Laws must be published in either the Official 3. Remedial laws as long as it does not affect or change vested
Gazette or a newspaper of general circulation. rights.
 Exception: The law may provide for another manner of 4. When the law creates new substantive rights unless vested
publication. Different manner meaning: 1. Not in Official rights are impaired.
Gazette or newspaper of general circulation; or Example: Read 5. Curative laws (the purpose is to cure defects or
over the television or the radio (provided that the alternative imperfections in judicial or administrative proceedings)
is reasonable) 2. Change in the period of effectivity 6. Interpretative laws
 “Publication” means making it known; dissemination. It 7. Laws which are of emergency nature or are authorized by
doesn‘t have to be in writing. police power (Santos vs. Alvarez; PNB vs. Office of the
 “Change period of effectivity” – the gap between publication President)
and effectivity should be reasonable under the circumstances. Art. 5. Acts executed against the provisions of mandatory or
 Before publication, cannot apply the law whether penal or prohibitory laws shall be void, except when the law itself
civil (Pesigan vs. Angeles) Why? How can you be bound if you authorizes their validity.
don‘t know the law.  A mandatory law is one which prescribes some element as a
 Requirement of publication applies to all laws and is requirement (i.e., wills must be written – Article 804 ; form
mandatory. of donations – Article 749 )
Art. 3. Ignorance of the law excuses no one from compliance  A prohibitory law is one which forbids something (i.e., joint
therewith. wills – Article 818 )
 Ignorantia legis neminem excusat (Ignorance of the law  General Rule: Acts which are contrary to mandatory or
excuses no one). prohibited laws are void.
 This is a necessary rule for all civilized society. Otherwise it  Exceptions:
would be impossible to enforce the law. It is very hard to 1. When the law itself authorized its validity (i.e., lotto,
determine whether or not a person really does not know the sweepstakes)
law. Without this rule, there would be anarchy. The law 2. When the law makes the act only voidable and not void (i.e.,
sacrifices occasional harshness to prevent universal anarchy. if consent is vitiated, the contract is voidable and not void)
 There are potential methods to mitigate the severity of 3. When the law makes the act valid but punishes the violator
Article 3 – Articles 526 (¶3), 2155, 1334.* (i.e., if the marriage is celebrated by someone without legal
 In Kasilag vs. Rodriguez, the SC said that the possession of the authority but the parties are in good faith, the marriage is valid
antichretic credit as possession in good faith since a difficult but the person who married the parties is liable)
question of law was involved – antichresis. In this case, the 4. When the law makes the act void but recognizes legal effects
parties were not very knowledgeable of the law. flowing therefrom (i.e., Articles 1412 & 1413 )
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Art. 6. Rights may be waived, unless the waiver is contrary to B. Conflicts of Law Provisions
law, public order, public policy, morals, or good customs, or Art. 14. Penal laws and those of public security and
prejudicial to a third person with a right recognized by law. safety shall be obligatory upon all who live or sojourn in
 What one can waive are rights and not obligations. Example, the Philippine territory, subject to the principles of
a creditor can waive the loan but the debtor may not.
public international law and to treaty stipulations.
 There is no form required for a waiver since a waiver is
 Two principles:
optional. You can waive by mere inaction, refusing to collect a
debt for example is a form of waiver. 1. Territoriality
 Requisites of a valid waiver (Herrera vs. Boromeo) General Rule: Criminal laws apply only in Philippine
1. Existence of a right territory.
2. Knowledge of the existence of the right Exception: Article 2, Revised Penal Code.
3. An intention to relinquish the right (implied in this is the 2. Generality General Rule: Criminal laws apply to
capacity to dispose of the right) everyone in the territory (citizens and aliens)
 General Rule: Rights can be waived. Exceptions: In these instances, all the Philippines can do
 Exceptions: 1. If waiver is contrary to law, public order, public is expel them
policy, morals or good customs a. Treaty stipulations which exempt some persons within
2. If the waiver would be prejudicial to a 3rd party with a right
the jurisdiction of Philippine courts (e.g., Bases
recognized by law. (e.g., If A owes B P10M, B can‘t waive the
Agreement)
loan if B owes C and B has no other assets.)
 Examples of waivers which are prohibited: b. Heads of State and Ambassadors (Note: Consuls are
1. Repudiation of future inheritance subject to the jurisdiction of our criminal courts.)
2. Waiver of the protection of pactum commissorium Art. 15. Laws relating to family rights and duties, or to
3. Waiver of future support the status, condition and legal capacity of persons are
4. Waiver of employment benefits in advance binding upon citizens of the Philippines, even though
5. Waiver of minimum wage living abroad.
6. Waiver of the right to revoke a will  Theories on Personal Law:
Art. 7. Laws are repealed only by subsequent ones, and their 1. Domiciliary theory - the personal laws of a person are
violation or non-observance shall not be excused by disuse, determined by his domicile
or custom or practice to the contrary. When the courts 2. Nationality theory - the nationality or citizenship determines
declared a law to be inconsistent with the Constitution, the the personal laws of the individual
former shall be void and the latter shall govern.  Under Article 15, the Philippines follows the nationality
Administrative or executive acts, orders and regulations shall theory. Family rights and duties, status and legal capacity of
be valid only when they are not contrary to the laws or the Filipinos are governed by Philippine law.
Constitution.  General Rule: Under Article 26 of the Family Code, all
 Article 7 is obvious because time moves forward. marriages solemnized outside the Philippines in accordance
 Only subsequent laws can repeal prior laws either through: with the laws in force in the country where they were
1. A repealing clause solemnized and valid there as such, is also valid in the
2. Incompatibility of the subsequent and prior laws Philippines.
 The violation of a law is not justified even if:  Exception: If the marriage is void under Philippine law, then
1. No one follows the law (i.e., nonpayment of taxes) the marriage is void even if it is valid in the country where the
2. There is a custom to the contrary marriage was solemnized .
 The 2nd par. of Article 7 is judicial review in statutory form. Art. 16, ¶1. Real property as well as personal property is
Art. 12. A custom must be proved as a fact, according to the subject to the law of the country where it is stipulated.
rules of evidence.  Lex situs or lex rei sitae governs real or personal property
 The law doesn‘t specify the cases when custom is relevant in (property is subject to the laws of the country in which it is
litigation. But in case custom is relevant, it should be proven. located).
 Commentators say that custom is important in cases  In Tayag vs. Benguet consolidated, the SC said that Philippine
involving negligence. For example, if a kalesa in Manila is by law shall govern in cases involving shares of stock of a
custom supposed to have rattan baskets to prevent people Philippine corporation even if the owner is in the US.
from slipping, if a person slips because there is no rattan Art. 16, ¶2. However, intestate and testamentary
basket, then he can sue for negligence. successions, both with respect to the order of succession and
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to the amount of successional rights and to the intrinsic (whether real or personal) are located shall govern. Art. 18. In
validity of testamentary provisions, shall be regulated by the matters which are governed by the Code of Commerce and
national law of the person whose succession is under special laws, their deficiency shall be supplied by the
consideration, whatever may be the nature of the property provisions of this Code.
and regardless of the country wherein said property may be C. Human Relations
found. Art. 19. Every person must, in the exercise of his rights
 This is merely an extension of the nationality theory in Article and in the performance of his duties, act with justice,
15. give everyone his due, and observe honesty and good
 The national law of the decedent regardless of the location faith.
of the property shall govern. Thus, the national law of the
Art. 20. Every person who, contrary to law, willfully or
decedent shall determine who will succeed.
negligently causes damage to another, shall indemnify
 In Miciano vs. Brimo, the SC said that the will of a foreigner
the latter for the same.
containing the condition that the law of the Philippines should
govern regarding the distribution of the properties is invalid. Art. 21. Any person who willfully causes loss or injury to
 In Aznar vs. Garcia, what was involved was the renvoi another in manner that is contrary to morals, good
doctrine. In this case, the decedent was a citizen of California customs or public policy shall compensate the latter for
who resided in the Philippine. The problem was that under the damage.
Philippine law, the national law of the decedent shall govern. Art. 22. Every person who through an act of
On the other hand, under California law, the law of the state performance by another, or any other means, acquires
where the decedent has his domicile shall govern. The SC or comes into possession of something at the expense
accepted the referral by California law and applied Philippine of the latter without just or legal ground, shall return
law (single renvoi).
the same to him.
 Problem: What if the decedent is a Filipino domiciled in a
Art. 23. Even when an act or event causing damage to
foreign country which follows the domiciliary theory?
another's property was not due to the fault or
According to Professor Balane, one way to resolve the
situation is this – Philippine law should govern with respect to negligence of the defendant, the latter shall be liable for
properties in Philippine while the law of the domicile should indemnity if through the act or event he was benefited.
govern with respect to properties located in the state of Art. 24. In all contractual, property or other relations,
domicile. when one of the parties is at a disadvantage on account
Art. 17. The forms and solemnities of contracts, wills, and of his moral dependence, ignorance, indigence, mental
other public instruments shall be governed by the laws of the weakness, tender age or other handicap, the courts
country in which they are executed. When the acts referred must be vigilant for his protection.
to are executed before the diplomatic or consular officials of Art. 25. Thoughtless extravagance in expenses for
the Republic of the Philippines in a foreign country, the
pleasure or display during a period of acute public want
solemnities established by Philippine laws shall be observed
or emergency may be stopped by order of the courts at
in their execution. Prohibitive laws concerning persons, their
acts or property, and those which have for their object public the instance of any government or private charitable
order, public policy and good customs shall not be rendered institution.
ineffective by laws or judgments promulgated, or by Art. 26. Every person shall respect the dignity,
determinations or conventions agreed upon in a foreign personality, privacy and peace of mind of his neighbors
country. and other persons. The following and similar acts,
 Lex loci celebrationis (formal requirements of contracts, though they may not constitute a criminal offense, shall
wills, and other public instruments are governed by the produce a cause of action for damages, prevention and
country in which they are executed) other relief: (1) Prying into the privacy of another's
 There is no conflict between the 1st ¶ of Article 16 and the residence: (2) Meddling with or disturbing the private
1st ¶ of Article 17 since they talk of 2 different things.
life or family relations of another; (3) Intriguing to cause
 Thus, the formal requirements of a contract involving real
another to be alienated from his friends; (4) Vexing or
property in the Philippines must follow the formal
requirements of the place where the contract was entered humiliating another on account of his religious beliefs,
into. However, if what is involved is not the formal lowly station in life, place of birth, physical defect, or
requirements, then the law of the place where the properties other personal condition.
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Art. 27. Any person suffering material or moral loss (5) Freedom of suffrage;
because a public servant or employee refuses or (6) The right against deprivation of property without
neglects, without just cause, to perform his official duty due process of law;
may file an action for damages and other relief against (7) The right to a just compensation when private
he latter, without prejudice to any disciplinary property is taken for public use;
administrative action that may be taken. (8) The right to the equal protection of the laws;
Art. 28. Unfair competition in agricultural, commercial (9) The right to be secure in one's person, house,
or industrial enterprises or in labor through the use of papers, and effects against unreasonable searches and
force, intimidation, deceit, machination or any other seizures; (10) The liberty of abode and of changing the
unjust, oppressive or highhanded method shall give rise same;
to a right of action by the person who thereby suffers (11) The privacy of communication and
damage. correspondence; (12) The right to become a member of
Art. 29. When the accused in a criminal prosecution is associations or societies for purposes not contrary to
acquitted on the ground that his guilt has not been law;
proved beyond reasonable doubt, a civil action for (13) The right to take part in a peaceable assembly to
damages for the same act or omission may be petition the Government for redress of grievances;
instituted. Such action requires only a preponderance (14) The right to be a free from involuntary servitude in
of evidence. Upon motion of the defendant, the court any form;
may require the plaintiff to file a bond to answer for (15) The right of the accused against excessive bail;
damages in case the complaint should be found to be (16) The right of the accused to be heard by himself and
malicious. counsel, to be informed of the nature and cause of the
If in a criminal case the judgment of acquittal is based accusation against him, to have a speedy and public
upon reasonable doubt, the court shall so declare. In trial, to meet the witnesses face to face, and to have
the absence of any declaration to that effect, it may be compulsory process to secure the attendance of
inferred from the text of the decision whether or not witness in his behalf;
the acquittal is due to that ground. (17) Freedom from being compelled to be a witness
Art. 30. When a separate civil action is brought to against one's self, or from being forced to confess guilt,
demand civil liability arising from a criminal offense, or from being induced by a promise of immunity or
and no criminal proceedings are instituted during the reward to make such confession, except when the
pendency of the civil case, a preponderance of evidence person confessing becomes a State witness;
shall likewise be sufficient to prove the act complained (18) Freedom from excessive fines, or cruel and unusual
of. punishment, unless the same is imposed or inflicted in
Art. 31. When the civil action is based on an obligation accordance with a statute which has not been judicially
not arising from the act or omission complained of as a declared unconstitutional; and
felony, such civil action may proceed independently of (19) Freedom of access to the courts. In any of the cases
the criminal proceedings and regardless of the result of referred to in this article, whether or not the
the latter. defendant's act or omission constitutes a criminal
Art. 32. Any public officer or employee, or any private offense, the aggrieved party has a right to commence
individual, who directly or indirectly obstructs, defeats, an entirely separate and distinct civil action for
violates or in any manner impedes or impairs any of the damages, and for other relief. Such civil action shall
following rights and liberties of another person shall be proceed independently of any criminal prosecution (if
liable to the latter for damages: the latter be instituted), and mat be proved by a
(1) Freedom or religion; preponderance of evidence. The indemnity shall
(2) Freedom of speech; include moral damages. Exemplary damages may also
(3) Freedom to write for the press or to maintain a be adjudicated. The responsibility herein set forth is not
periodical publication; demandable from a judge unless his act or omission
(4) Freedom from arbitrary or illegal detention;
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constitutes a violation of the Penal Code or other penal II. PERSONS AND FAMILY RELATIONS
statute. A. PERSONS
Art. 33. In cases of defamation, fraud, and physical Art. 37. Juridical capacity, which is the fitness to be the
injuries a civil action for damages, entirely separate and subject of legal relations, is inherent in every natural
distinct from the criminal action, may be brought by the person and is lost only through death. Capacity to act,
injured party. Such civil action shall proceed which is the power to do acts with legal effect, is
independently of the criminal prosecution, and shall acquired and may be lost.
require only a preponderance of evidence.  2 component elements of capacity:
Art. 34. When a member of a city or municipal police 1. Juridical capacity
force refuses or fails to render aid or protection to any  There are no degrees of juridical capacity.
person in case of danger to life or property, such peace  Juridical capacity is the same in every person. No one
officer shall be primarily liable for damages, and the city has more juridical capacity than others. It is inherent in
or municipality shall be subsidiarily responsible natural persons. On the other hand, it arises in artificial
therefor. The civil action herein recognized shall be persons when such artificial persons are created.
independent of any criminal proceedings, and a 2. Capacity to act
preponderance of evidence shall suffice to support such  This is best presented by a spectrum:
action.  Nobody has 100% capacity to act. The law imposes
Art. 35. When a person, claiming to be injured by a restrictions on capacity to act. As long as one has
criminal offense, charges another with the same, for contractual capacity (a.k.a. full civil capacity) one is near
which no independent civil action is granted in this 100% capacity to act. ―Full civil capacity‖ is not really
Code or any special law, but the justice of the peace 100% but close to it. With contractual capacity, one is
finds no reasonable grounds to believe that a crime has generally able to perform contracts and dispose of
been committed, or the prosecuting attorney refuses or property.
fails to institute criminal proceedings, the complaint  Nobody has 0% capacity to act. Infants are close to 0%
may bring a civil action for damages against the alleged but still have capacity to act. For example, even fetus has
offender. Such civil action may be supported by a the right to succeed and also have the right to the
preponderance of evidence. Upon the defendant's integrity of body. Aliens cannot own colleges or
motion, the court may require the plaintiff to file a bond broadcast media.
to indemnify the defendant in case the complaint Art. 38. Minority, insanity or imbecility, the state of
should be found to be malicious. If during the pendency being a deaf-mute, prodigality and civil interdiction are
of the civil action, an information should be presented mere restrictions on capacity to act, and do not exempt
by the prosecuting attorney, the civil action shall be the incapacitated person from certain obligations, as
suspended until the termination of the criminal when the latter arise from his acts or from property
proceedings. relations, such as easements.
Art. 36. Pre-judicial questions, which must be decided Art. 39. The following circumstances, among others,
before any criminal prosecution may be instituted or modify or limit capacity to act: age, insanity, imbecility,
may proceed, shall be governed by rules of court which the state of being a deaf-mute, penalty, prodigality,
the Supreme Court shall promulgate and which shall family relations, alienage, absence, insolvency and
not be in conflict with the provisions of this Code. trusteeship. The consequences of these circumstances
are governed in this Code, other codes, the Rules of
Court, and in special laws. Capacity to act is not limited
on account of religious belief or political opinion.
A married woman, twenty-one years of age or over, is
qualified for all acts of civil life, except in cases specified
by law.
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 Principles:
1. For personality to be acquired one must be born
2. Once birth occurs, personality for favorable purposes
retroacts to the moment of conception
 To be born means to be alive after the fetus is
completely separated from the mother‘s womb by
cutting off the umbilical cord.
 General Rule: To be born, it is enough that the fetus is
alive when the umbilical cord is cut
 Exception: If the intra-uterine life is less than 7 months,
it must live for at least 24 hours, before it is considered
born (There is no distinction as to how the child dies –
whether natural, accidental, etc.)
 In Geluz vs. CA, the SC said that the father could not file
the action for damages. The fetus never acquired
personality because it was never born – it was not alive
at the time it was delivered from the mother‘s womb.
Since the fetus did not acquire any personality, it
acquired no rights which could be transmitted to the
father. Thus, the father could not sue in a representative
capacity. The father could have sued in his personal
capacity had the father suffered anguish which he did
not.
Art. 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.
 This article deals with the extinguishment of civil
personality
 Death is not defined in the Civil Code. Not even doctors
know precisely when death occurs. There are many
theories.
 The fact of death is important because it affects civil
personality and legal relations. The main effect of death
is readily seen in succession. Death is also relevant to
labor law and insurance.