Article

1. This Act shall be known as the disuse, or custom or practice to the

"Civil Code of the Philippines." (n) contrary.

A 1. T A s b k a t "C C o t P." (n) When the courts declared a law to be
inconsistent with the Constitution, the
Article 2. Laws shall take effect after fifteen former shall be void and the latter shall
days following the completion of their govern.
publication in the Official Gazette, unless it
is otherwise provided. This Code shall take Administrative or executive acts, orders
effect one year after such publication. (1a) and regulations shall be valid only when
they are not contrary to the laws or the
A 2. L s t e a f d f t c o t p i t O G, u i i o p. T C Constitution. (5a)
s t e o y a s p. (1)
A 7. L a r o b s o, a t v o n-o s n b e b d, o c o
Article 3. Ignorance of the law excuses no p t t c.
one from compliance therewith. (2)
W t c d a l t b i w t C, t f s b v a t l s g.
A 3. I o t l e n o f c t. (2)
A o e a, o a r s b v o w t a n c t t l o t C. (5)
Article 4. Laws shall have no retroactive
effect, unless the contrary is provided. (3) Article 8. Judicial decisions applying or
interpreting the laws or the Constitution
A 4. L s h n r e, u t c i p. (3) shall form a part of the legal system of the
Philippines. (n)
Article 5. Acts executed against the
provisions of mandatory or prohibitory A 8. J d a o i t l o t C s f a p o t l s o t P. (n)
laws shall be void, except when the law
itself authorizes their validity. (4a)
Article 9. No judge or court shall decline to
A 5. A e a t p o m o p l s b v, e w t l i a t v. (4) render judgment by reason of the silence,
obscurity or insufficiency of the laws. (6)

Article 6. Rights may be waived, unless the A 9. N j o c s d t r j b r o t s, o o i o t l. (6)
waiver is contrary to law, public order,
public policy, morals, or good customs, or Article 10. In case of doubt in the
prejudicial to a third person with a right interpretation or application of laws, it is
recognized by law. (4a) presumed that the lawmaking body
intended right and justice to prevail. (n)
A 6. R m b w, u t w i c t l, p o, p p, m, o g c, o
p t a t p w a r r b l. (4) A 1. I c o d i t i o a o l, i i p t t l b i r a j t p. (n)

Article 7. Laws are repealed only by Article 11. Customs which are contrary to
subsequent ones, and their violation or law, public order or public policy shall not
non-observance shall not be excused by be countenanced. (n)
 citizens of the Philippines, even though
A 1. C w a c t l, p o o p p s n b c. (n) living abroad. (9a)

Article 12. A custom must be proved as a A 1. L r t f r a d, o t t s, c a l c o p a b u c o t P,
fact, according to the rules of evidence. (n) e t l a. (9)

A 1. A c m b p a a f, a t t r o e. (n) Article 16. Real property as well as personal
property is subject to the law of the country
Article 13. When the laws speak of years, where it is situated.
months, days or nights, it shall be
understood that years are of three hundred However, intestate and testamentary
sixty-five days each; months, of thirty days; successions, both with respect to the order
days, of twenty-four hours; and nights from of succession and to the amount of
sunset to sunrise. successional rights and to the intrinsic
validity of testamentary provisions, shall be
If months are designated by their name, regulated by the national law of the person
they shall be computed by the number of whose succession is under consideration,
days which they respectively have. whatever may be the nature of the
property and regardless of the country
In computing a period, the first day shall be wherein said property may be found. (10a)
excluded, and the last day included. (7a)
A 1. R p a w a p p i s t t l o t c w i i s.
A 1. W t l s o y, m, d o n, i s b u t y a o t h s-f
d e; m, o t d; d, o t-f h; a n f s t s. H, i a t s, b w r t t o o s a t t a o s r a t t i v o t
p, s b r b t n l o t p w s i u c, w m b t n o t p a
I m a d b t n, t s b c b t n o d w t r h. r o t c w s p m b f. (1)

I c a p, t f d s b e, a t l d i. (7) Article 17. The forms and solemnities of
contracts, wills, and other public
Article 14. Penal laws and those of public instruments shall be governed by the laws
security and safety shall be obligatory upon of the country in which they are executed.
all who live or sojourn in the Philippine
territory, subject to the principles of public When the acts referred to are executed
international law and to treaty stipulations. before the diplomatic or consular officials
(8a) of the Republic of the Philippines in a
foreign country, the solemnities
A 1. P l a t o p s a s s b o u a w l o s i t P t, s t t established by Philippine laws shall be
p o p i l a t t s. (8) observed in their execution.

Prohibitive laws concerning persons, their
Article 15. Laws relating to family rights and acts or property, and those which have for
duties, or to the status, condition and legal their object public order, public policy and
capacity of persons are binding upon good customs shall not be rendered
ineffective by laws or judgments
promulgated, or by determinations or
conventions agreed upon in a foreign A 2. A p w w c l o i t a i m t i c t m, g c o p p s
country. (11a) c t l f t d.

A 1. T f a s o c, w, a o p i s b g b t l o t c i w t a Article 22. Every person who through an act
e. of performance by another, or any other
means, acquires or comes into possession
W t a r t a e b t d o c o o t R o t P i a f c, t s e of something at the expense of the latter
b P l s b o i t e. without just or legal ground, shall return
the same to him.
P l c p, t a o p, a t w h f t o p o, p p a g c s n b
r i b l o j p, o b d o c a u i a f c. (1) A 2. E p w t a a o p b a, o a o m, a o c i p o s a
t e o t l w j o l g, s r t s t h.
Article 18. In matters which are governed
by the Code of Commerce and special laws, Article 23. Even when an act or event
their deficiency shall be supplied by the causing damage to another's property was
provisions of this Code. (16a) not due to the fault or negligence of the
defendant, the latter shall be liable for
A 1. I m w a g b t C o C a s l, t d s b s b t p o t indemnity if through the act or event he
C. (1) was benefited

C 2 A 2. E w a a o e c d t a's p w n d t t f o n o t d,
H R (n) t l s b l f i i t t a o e h w b.

Article 19. Every person must, in the Article 24. In all contractual, property or
exercise of his rights and in the other relations, when one of the parties is
performance of his duties, act with justice, at a disadvantage on account of his moral
give everyone his due, and observe honesty dependence, ignorance, indigence, mental
and good faith. weakness, tender age or other handicap,
the courts must be vigilant for his
A 1. E p m, i t e o h r a i t p o h d, a w j, g e h protection.
d, a o h a g f.
A 2. I a c, p o o r, w o o t p i a a d o a o h m d,
Article 20. Every person who, contrary to i, i, m w, t a o o h, t c m b v f h p.
law, wilfully or negligently causes damage
to another, shall indemnify the latter for
the same. Article 25. Thoughtless extravagance in
expenses for pleasure or display during a
A 2. E p w, c t l, w o n c d t a, s i t l f t s. period of acute public want or emergency
Article 21. Any person who wilfully causes may be stopped by order of the courts at
loss or injury to another in manner that is the instance of any government or private
contrary to morals, good customs or public charitable institution.
policy shall compensate the latter for the
damage.
A 2. T e i e f p o d d a p o a p w o e m b s b o A 2. A p s m o m l b a p s o e r o n, w j c, t p h
o t c a t i o a g o p c i. o d m f a a f d a o r a t l, w p t a d a a t m b t.

Article 26. Every person shall respect the Article 28. Unfair competition in
dignity, personality, privacy and peace of agricultural, commercial or industrial
mind of his neighbors and other persons. enterprises or in labor through the use of
The following and similar acts, though they force, intimidation, deceit, machination or
may not constitute a criminal offense, shall any other unjust, oppressive or highhanded
produce a cause of action for damages, method shall give rise to a right of action by
prevention and other relief: the person who thereby suffers damage.

(1) Prying into the privacy of another's A 2. U c i a, c o i e o i l t t u o f, i, d, m o a o u,
residence; o o h m s g r t a r o a b t p w t s d.

(2) Meddling with or disturbing the private Article 29. When the accused in a criminal
life or family relations of another; prosecution is acquitted on the ground that
his guilt has not been proved beyond
(3) Intriguing to cause another to be reasonable doubt, a civil action for damages
alienated from his friends; for the same act or omission may be
instituted. Such action requires only a
(4) Vexing or humiliating another on preponderance of evidence. Upon motion
account of his religious beliefs, lowly of the defendant, the court may require the
station in life, place of birth, physical plaintiff to file a bond to answer for
defect, or other personal condition. damages in case the complaint should be
found to be malicious.
A 2. E p s r t d, p, p a p o m o h n a o p. T f a s
a, t t m n c a c o, s p a c o a f d, p a o r: If in a criminal case the judgment of
acquittal is based upon reasonable doubt,
(1) P i t p o a's r; the court shall so declare. In the absence of
any declaration to that effect, it may be
(2) M w o d t p l o f r o a; inferred from the text of the decision
whether or not the acquittal is due to that
(3) I t c a t b a f h f; ground.

(4) V o h a o a o h r b, l s i l, p o b, p d, o o p c.
A 2. W t a i a c p i a o t g t h g h n b p b r d, a
Article 27. Any person suffering material or c a f d f t s a o o m b i. S a r o a p o e. U m o t
moral loss because a public servant or d, t c m r t p t f a b t a f d i c t c s b f t b m.
employee refuses or neglects, without just
cause, to perform his official duty may file I i a c c t j o a i b u r d, t c s s d. I t a o a d t t e,
an action for damages and other relief i m b i f t t o t d w o n t a i d t t g.
against the latter, without prejudice to any
disciplinary administrative action that may Article 30. When a separate civil action is
be taken. brought to demand civil liability arising
from a criminal offense, and no criminal
proceedings are instituted during the (8) The right to the equal protection of the
pendency of the civil case, a preponderance laws;
of evidence shall likewise be sufficient to
prove the act complained of (9) The right to be secure in one's person,
house, papers, and effects against
A 3. W a s c a i b t d c l a f a c o, a n c p a i d t unreasonable searches and seizures;
p o t c c, a p o e s l b s t p t a c o.
(10) The liberty of abode and of changing
Article 31. When the civil action is based on the same;
an obligation not arising from the act or
omission complained of as a felony, such (11) The privacy of communication and
civil action may proceed independently of correspondence;
the criminal proceedings and regardless of
the result of the latter. (12) The right to become a member of
associations or societies for purposes not
A 3. W t c a i b o a o n a f t a o o c o a a f, s c contrary to law;
a m p i o t c p a r o t r o t l.
(13) The right to take part in a peaceable
Article 32. Any public officer or employee, assembly to petition the Government for
or any private individual, who directly or redress of grievances;
indirectly obstructs, defeats, violates or in
any manner impedes or impairs any of the (14) The right to be a free from involuntary
following rights and liberties of another servitude in any form;
person shall be liable to the latter for
damages: (15) The right of the accused against
excessive bail;
(1) Freedom of religion;
(16) The right of the accused to be heard by
(2) Freedom of speech; himself and counsel, to be informed of the
nature and cause of the accusation against
(3) Freedom to write for the press or to him, to have a speedy and public trial, to
maintain a periodical publication; meet the witnesses face to face, and to
have compulsory process to secure the
(4) Freedom from arbitrary or illegal attendance of witness in his behalf;
detention;
(17) Freedom from being compelled to be a
(5) Freedom of suffrage; witness against one's self, or from being
forced to confess guilt, or from being
(6) The right against deprivation of property induced by a promise of immunity or
without due process of law; reward to make such confession, except
when the person confessing becomes a
(7) The right to a just compensation when State witness;
private property is taken for public use;
(18) Freedom from excessive fines, or cruel
and unusual punishment, unless the same is (8) T r t t e p o t l;
imposed or inflicted in accordance with a
statute which has not been judicially (9) T r t b s i o's p, h, p, a e a u s a s;
declared unconstitutional; and
(1) T l o a a o c t s;
(19) Freedom of access to the courts.
(1) T p o c a c;
In any of the cases referred to in this article,
whether or not the defendant's act or (1) T r t b a m o a o s f p n c t l;
omission constitutes a criminal offense, the
aggrieved party has a right to commence an (1) T r t t p i a p a t p t G f r o g;
entirely separate and distinct civil action for
damages, and for other relief. Such civil (1) T r t b a f f i s i a f;
action shall proceed independently of any
criminal prosecution (if the latter be (1) T r o t a a e b;
instituted), and may be proved by a
preponderance of evidence. (1) T r o t a t b h b h a c, t b i o t n a c o t a a
h, t h a s a p t, t m t w f t f, a t h c p t s t a o w
The indemnity shall include moral damages. i h b;
Exemplary damages may also be
adjudicated. (1) F f b c t b a w a o's s, o f b f t c g, o f b i b
a p o i o r t m s c, e w t p c b a S w;
The responsibility herein set forth is not
demandable from a judge unless his act or (1) F f e f, o c a u p, u t s i i o i i a w a s w h n
omission constitutes a violation of the b j d u; a
Penal Code or other penal statute.
(1) F o a t t c.
A 3. A p o o e, o a p i, w d o i o, d, v o i a m i o
i a o t f r a l o a p s b l t t l f d: I a o t c r t i t a, w o n t d's a o o c a c o, t a p
h a r t c a e s a d c a f d, a f o r. S c a s p i o a c
(1) F o r; p (i t l b i), a m b p b a p o e.

(2) F o s; T i s i m d. E d m a b a.

(3) F t w f t p o t m a p p; T r h s f i n d f a j u h a o o c a v o t P C o o p
s.
(4) F f a o i d;
Article 33. In cases of defamation, fraud,
(5) F o s; and physical injuries a civil action for
damages, entirely separate and distinct
(6) T r a d o p w d p o l; from the criminal action, may be brought by
the injured party. Such civil action shall
(7) T r t a j c w p p i t f p u; proceed independently of the criminal
prosecution, and shall require only a be suspended until the termination of the
preponderance of evidence. criminal proceedings.

A 3. I c o d, f, a p i a c a f d, e s a d f t c a, m b
b b t i p. S c a s p i o t c p, a s r o a p o e. A 3. W a p, c t b i b a c o, c a w t s, f w n i c a i
g i t C o a s l, b t j o t p f n r g t b t a c h b c, o
Article 34. When a member of a city or t p a r o f t i c p, t c m b a c a f d a t a o. S c a
municipal police force refuses or fails to m b s b a p o e. U t d's m, t c m r t p t f a b t i
render aid or protection to any person in t d i c t c s b f t b m.
case of danger to life or property, such
peace officer shall be primarily liable for I d t p o t c a, a i s b p b t p a, t c a s b s u t t o
damages, and the city or municipality shall t c p.
be subsidiarily responsible therefor. The
civil action herein recognized shall be Article 36. Pre-judicial questions, which
independent of any criminal proceedings, must be decided before any criminal
and a preponderance of evidence shall prosecution may be instituted or may
suffice to support such action. proceed, shall be governed by rules of court
which the Supreme Court shall promulgate
A 3. W a m o a c o m p f r o f t r a o p t a p i c and which shall not be in conflict with the
o d t l o p, s p o s b p l f d, a t c o m s b s r t. T provisions of this Code.
c a h r s b i o a c p, a a p o e s s t s s a.
A 3. P-j q, w m b d b a c p m b i o m p, s b g b
Article 35. When a person, claiming to be r o c w t S C s p a w s n b i c w t p o t C.
injured by a criminal offense, charges
another with the same, for which no
independent civil action is granted in this S
Code or any special law, but the justice of T F C O T P, A A E O 2
the peace finds no reasonable grounds to T C A Y W C, A A P D N. 6
believe that a crime has been committed, or
the prosecuting attorney refuses or fails to B I
institute criminal proceedings, the P
complaint may bring a civil action for
damages against the alleged offender. Such T I
civil action may be supported by a C P
preponderance of evidence. Upon the
defendant's motion, the court may require C 1
the plaintiff to file a bond to indemnify the G P
defendant in case the complaint should be
found to be malicious. Article 37. Juridical capacity, which is the
fitness to be the subject of legal relations, is
If during the pendency of the civil action, an inherent in every natural person and is lost
information should be presented by the only through death. Capacity to act, which
prosecuting attorney, the civil action shall is the power to do acts with legal effect, is
acquired and may be lost. (n)
 Article 40. Birth determines personality;
A 3. J c, w i t f t b t s o l r, i i i e n p a i l o t d. but the conceived child shall be considered
C t a, w i t p t d a w l e, i a a m b l. (n) born for all purposes that are favorable to
it, provided it be born later with the
Article 38. Minority, insanity or imbecility, conditions specified in the following article.
the state of being a deaf-mute, prodigality (29a)
and civil interdiction are mere restrictions
on capacity to act, and do not exempt the A 4. B d p; b t c c s b c b f a p t a f t i, p i b b l
incapacitated person from certain w t c s i t f a. (2)
obligations, as when the latter arise from
his acts or from property relations, such as Article 41. For civil purposes, the foetus is
easements. (32a) considered born if it is alive at the time it is
completely delivered from the mother's
A 3. M, i o i, t s o b a d-m, p a c i a m r o c t a, womb. However, if the foetus had an intra-
a d n e t i p f c o, a w t l a f h a o f p r, s a e. uterine life of less than seven months, it is
(3) not deemed born if it dies within twenty-
four hours after its complete delivery from
Article 39. The following circumstances, the maternal womb. (30a)
among others, modify or limit capacity to
act: age, insanity, imbecility, the state of A 4. F c p, t f i c b i i i a a t t i i c d f t m's w. H,
being a deaf-mute, penalty, prodigality, i t f h a i-u l o l t s m, i i n d b i i d w t-f h a i c
family relations, alienage, absence, d f t m w. (3)
insolvency and trusteeship. The
consequences of these circumstances are Article 42. Civil personality is extinguished
governed in this Code, other codes, the by death.
Rules of Court, and in special laws. Capacity
to act is not limited on account of religious The effect of death upon the rights and
belief or political opinion. obligations of the deceased is determined
by law, by contract and by will. (32a)
A married woman, twenty-one years of age
or over, is qualified for all acts of civil life, A 4. C p i e b d.
except in cases specified by law. (n)
T e o d u t r a o o t d i d b l, b c a b w. (3)
A 3. T f c, a o, m o l c t a: a, i, i, t s o b a d-m,
p, p, f r, a, a, i a t. T c o t c a g i t C, o c, t R o Article 43. If there is a doubt, as between
C, a i s l. C t a i n l o a o r b o p o. two or more persons who are called to
succeed each other, as to which of them
A m w, t-o y o a o o, i q f a a o c l, e i c s b l. died first, whoever alleges the death of one
(n) prior to the other, shall prove the same; in
the absence of proof, it is presumed that
they died at the same time and there shall
C 2 be no transmission of rights from one to the
N P other. (33)

A 4. I t i a d, a b t o m p w a c t s e o, a t w o t Partnerships and associations for private
d f, w a t d o o p t t o, s p t s; i t a o p, i i p t t interest or purpose are governed by the
d a t s t a t s b n t o r f o t t o. (3) provisions of this Code concerning
partnerships. (36 and 37a)

C 3 A 4. J p m i N. 1 a 2 o t p a a g b t l c o r t.
J P
P c a r b l o g a o t s.
Article 44. The following are juridical
persons: P a a f p i o p a g b t p o t C c p. (3 a 3)

(1) The State and its political subdivisions; Article 46. Juridical persons may acquire
and possess property of all kinds, as well as
(2) Other corporations, institutions and incur obligations and bring civil or criminal
entities for public interest or purpose, actions, in conformity with the laws and
created by law; their personality begins as regulations of their organization. (38a)
soon as they have been constituted
according to law; A 4. J p m a a p p o a k, a w a i o a b c o c a, i
c w t l a r o t o. (3)
(3) Corporations, partnerships and
associations for private interest or purpose Article 47. Upon the dissolution of
to which the law grants a juridical corporations, institutions and other entities
personality, separate and distinct from that for public interest or purpose mentioned in
of each shareholder, partner or member. No. 2 of article 44, their property and other
(35a) assets shall be disposed of in pursuance of
law or the charter creating them. If nothing
A 4. T f a j p: has been specified on this point, the
property and other assets shall be applied
(1) T S a i p s; to similar purposes for the benefit of the
region, province, city or municipality which
(2) O c, i a e f p i o p, c b l; t p b a s a t h b c a during the existence of the institution
t l; derived the principal benefits from the
same. (39a)
(3) C, p a a f p i o p t w t l g a j p, s a d f t o e
s, p o m. (3) A 4. U t d o c, i a o e f p i o p m i N. 2 o a 4, t
p a o a s b d o i p o l o t c c t. I n h b s o t p, t
Article 45. Juridical persons mentioned in p a o a s b a t s p f t b o t r, p, c o m w d t e o
Nos. 1 and 2 of the preceding article are t i d t p b f t s. (3)
governed by the laws creating or
recognizing them.
T I
Private corporations are regulated by laws C A D
of general application on the subject.

Article 48. The following are citizens of the domicile of natural persons is the place of
Philippines: their habitual residence. (40a)

(1) Those who were citizens of the A 5. F t e o c r a t f o c o, t d o n p i t p o t h r.
Philippines at the time of the adoption of (4)
the Constitution of the Philippines;
Article 51. When the law creating or
(2) Those born in the Philippines of foreign recognizing them, or any other provision
parents who, before the adoption of said does not fix the domicile of juridical
Constitution, had been elected to public persons, the same shall be understood to
office in the Philippines; be the place where their legal
representation is established or where they
(3) Those whose fathers are citizens of the exercise their principal functions. (41a)
Philippines;
A 5. W t l c o r t, o a o p d n f t d o j p, t s s b
(4) Those whose mothers are citizens of the u t b t p w t l r i e o w t e t p f. (4)
Philippines and, upon reaching the age of
majority, elect Philippine citizenship;

(5) Those who are naturalized in accordance
with law. (n)

A 4. T f a c o t P:

(1) T w w c o t P a t t o t a o t C o t P;

(2) T b i t P o f p w, b t a o s C, h b e t p o i t P;

(3) T w f a c o t P;

(4) T w m a c o t P a, u r t a o m, e P c;

(5) T w a n i a w l. (n)

Article 49. Naturalization and the loss and
reacquisition of citizenship of the
Philippines are governed by special laws.
(n)

A 4. N a t l a r o c o t P a g b s l. (n)

Article 50. For the exercise of civil rights and
the fulfillment of civil obligations, the