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PERSONS AND FAMILY RELATIONS

CIVIL CODE OF 1950

Chapter 1: Effect and Application of Laws

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

• Republic Act No.386

o Otherwise known as the Civil Code of the Philippines
o Full Name: An Act to Ordain and Institute the Civil Code of the Philippines
o Date of Enactment: January 26, 1949
o Main draft prepared by the Roxas Code Commission
! Create by President Manuel Roxas through E.O. 48 (March 20, 1947)
! Chairman of the Commission: Dr. Jorge C. Bacobo
! Duration ! May 8, 1947 to December 15, 1947

Article 2 Laws shall be effective after fifteen days following the completion of the publication either in the
Official Gazette or in a newspaper of general circulation, unless it is otherwise provided

• The 1950 Civil Code took effect on August 30, 1950

o [Note: So the code'’s draft was created in 1947, which was eventually enacted by
Congress in 1949, had been published in 1950 and has taken effect since the same year it
was published.]
• Amended through E.O. 200 issued by President Corazon Aquino on June 18, 1987
o Amendment ! Publication either in the Official Gazette or in a newspaper of general
circulation in the Philippines
! Rationale
! The publication need not be made in the Official Gazette because of its
erratic release and limited readership ([SC] Tanada et al. vs. Tuvera)
! Newspaper of general circulation could undoubtedly better perform the
function of communicating laws to the people because it has a wide
circulation and comes out regularly
• Effectivity of Laws
o No one shall be charged of the statute's provisions until the said publication is
completed and the required period has expired
o Publication must be in full or no publication at all
o After the fifteen-day period, the people are deemed to have conclusively been notified
of the law
o Statutes and Laws also covered in this rule:
! Presidential Decrees, EOs, Administrative rules and regulations, City charter
o The clause “unless it is otherwise provided” solely refers to the 15-day period and not
to the requirement of publication
! In Tañada v. Tuvera, “omission [of the publication requirement] would offend
due process insofar as it would deny the public of the laws
o If the law provides for a longer or shorter period than the 15-day provided, what the law
expresses immediately prevails.
o “Shall immediately take effect” ! means that the law shall take effect immediately
after the publication

Article 3 Ignorance of the law excuses no one from compliance therewith

• That every person knows the law is a conclusive presumption.

• The public is always put on constructive notice of the law'’s existence and effectivity.
• To allow ignorance as a valid defense is to foment disorder in society.
• Article 3 is a consequence of the mandatory provision that all laws must be published.
o It would be the height of injustice to punish or burden a citizen for the transgression of a
law which he had no notice whatsoever, not even a constructive one.
• “ignorantia legis non excusat”
• Only applies to mandatory or prohibitory laws.
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Article 4 Laws shall have no retroactive effect, unless the contrary is provided.

• Laws looks to the future and has no retroactive effect.

• Statutes are to be construed as having only prospective operation
• Unless the law expressly declared or necessarily implied from the language used. But in case of
doubt, the same must be resolved against retrospective effect.
• Statutes are not to be construed as having a retroactive effect so as to affect pending
proceedings
• Exceptions to the non-retroactivity clause:
o 1. When the law expressly provides for retroactivity.
o 2. When the law is curative or remedial.
! Curative ! “healing acts” that do not impair obligations or interfere with
vested rights
! Related case: DBP v. Court of Appeals
! DBP questionably acquired lots but Congress enacted RA 85 to
precisely correct such invalidity.
o 3. When the law is procedural
o 4. When the law is penal in character and favorable to the accused.
! In accordance with Article 22 of the Revised Penal Code
! Shall have retroactive effect insofar as they favor the person guilty of
felony, who is not a habitual criminal.

Article 5 Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when
the law itself authorizes their validity.

• Mandatory provision ! the omission of such shall render the proceedings and acts related to it
generally illegal or void.
• Prohibitory ! contain positive prohibitions and are couched in the negative terms stating that the
act required shall not be done otherwise than designated. Acts committed in violation of
prohibitory laws are likewise void.

Article 6 Rights may be waived, unless the waiver is contrary to law, public policy, morals, good customs,
or prejudicial to a third person with a right recognized by law.

• Waiver – intentional relinquishment of a known right

• [So when is the waiver legal and valid?]
o Must be clearly and convincingly shown either by express stipulation or acts admitting
no other reasonable explanation
o The right must be in existence at the time of the waiver.
o It must be exercised by a duly capacitated person actually possessing the right to make
the waiver.
• [So when is the waiver not valid, illegal and worthy of prohibition?]
o Ignorance of the material fact negates the waiver
o When it’s contrary to law, public policy, morals, good customs or prejudicial to a third
person with a right recognized by law
• Rights, protections and advantages conferred by statutes may be generally waived. However, if the
object of the statute is to promote great public interests, liberty and morals, it cannot be defeated
by any private stipulation
o e.g. Consent between spouses on the commission of adultery and concubinage

Article 7 Laws are repealed only by subsequent ones, and their violation and non-observance shall not be
excused by disuse, or custom, or practice to the contrary.

When the courts declare a law to be inconsistent with the Constitution, the former shall be void
and the latter shall govern.

Administrative or executive acts, orders and regulations shall be valid only when they are not
contrary to the laws or the Constitution.
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• Repeal of a law – legislative act abrogating through a subsequent law the effects of a previous
statutes
o Either expressed or implied
! Implied repeal – when a new law contains provisions contrary to and
inconsistent with those of the former without expressly repealing them
! Repeals and amendments by implication are not favored.
! Express repeal
! Literally declared by a new law, either in specific terms (particular law
and provisions are named, identified and declared) or in general terms
(provision of a new law declares all laws and parts of laws
inconsistent)
! Some particular exceptions (as per SC: Iloilo Palay and Corn Planters
Association v. Feliciano)
! Repealing clause “all laws and parts thereof inconsistent with
the provisions of this Act are hereby repealed” - is NOT an
expressed repeal
! A special statute, for a particular case or class of cases, is not
repealed by a subsequent statute, general in its terms,
provisions and applications
• No ordinary statute can override the constitutional provision (Floresca v. Philex Mining).
• Constitutionality or unconstitutionality of a statute depends upon factors other than those existing
at the time of the enactment thereof.
o Where a portion of a statue is rendered unconstitutional and the remainder valid, the
parts will be separated and the constitutional portion upheld”
o Consequently, as per SC: Lidasan v. COMELEC, when the parts of the statute are so
mutually dependent and connected, if some parts are unconstitutional, all the
provisions which are mutually dependent, conditional and connected, must fall with
them.
o Valid portions may stand and be enforced. [Separability clause]
• Rules and regulations, when promulgated in pursuance of the procedure or authority conferred
upon the administrative agency by law, partake the nature of a sanction provided in the law.
• A rule is binding as long as the procedure fixed for its promulgation is followed and within the
scope of the the statutory authority given by the legislature, even if the courts disagree with the
policy stated therein or its innate wisdom.
• Related case: Teoxon v. Members of the Board Administrator
o An administrative agency cannot amend an act of Congress

Article 8 Judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal
system of the Philippines.

• Principal function of courts:

o 1. resolving legal controversies; and
o 2. interpreting and construing vague provisions of law relative to a particular dispute.
• Construction [like in StatCon] – is the act or process of discovering and expounding on the
meaning and intention of the authors of the law with respect to its application to a given case,
where the intention is rendered doubtful, among others by reason of the fact that given case is not
explicitly provided for in the law. [Caltex v. Palomar]
• Judicial decisions assume the same authority as the statute itself
o These decisions also constitute evidence of what the law means
• Maxim: “Legis interpretatio legis vim obtinet” - the interpretation place upon the written law by a
competent court has the force of law
• Judicial decisions of the Supreme Court are authoritative and precedent-setting while those of
the inferior courts and the appellate courts are merely persuasive.
• Judicial decisions (application and interpretation) of the Supreme court are deemed and are
established as part of the law as of the date of enactment since it established contemporaneous
legislative intent.
• HOWEVER, when the doctrine of the SC is overruled and a different view is adopted, the new
doctrine should be applied prospectively.
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• In People v. Licera, it is said that when a new doctrine abrogates an old rule, the new doctrine
should not adversely affect those favored by the old rule.

Article 9 No judge or court shall decline to render judgment by reason of the silence, obscurity or
insufficiency of the laws.

• Judges are tasked with the dispensation of justice under the constitutional precept that no person
shall be deprived of life, liberty, and property without due process of law.
• Judges, therefore, must not evade performance of this responsibility just because of an apparent
non-existence of any law governing a particular legal dispute or because the law involved is
vague or inadequate.
• [The in the absence or lack of a workable interpretation of the law, the judge therefore “fills-in”
the gap]
• The judiciary cannot “legislate”. Legislation is the function of Congress.
o HOWEVER, in Floresca v. Philex Mining, the SC said that existence of the concept that
the courts cannot engage in judicial legislation, that myth has been exploded by Article
9 of the new Civil Code.
o HENCE, the legislator himself, through Art. 9 of the Civil Code, recognizes the court “do
and must legislate” (Holmes) to fill in the gaps in the law.

Article 10 In case of doubt in the interpretation and application of laws, it is presumed that the lawmaking
body intended right and justice to prevail.

• Where the law is clear ! must be applied according to its unambiguous provisions, without
judicial addition or subtraction.
o First and foremost duty of the court is to apply the law
o Interpretation and construction come only after it has been demonstrated that application
is impossible/inadequate without them.
• Interpretation of the law requires fidelity to the legislative purpose
o Interpretation should not be at war with the end sought to be attained.
o SC has cautioned against narrowly interpreting a statute to defeat the purpose of the
legislator.

Article 11 Customs which are contrary to law, public order or public policy shall not be countenanced

A custom must be proved as a fact, according to the rules of evidence.

Article 12

• Custom – rule of conduct formed by repetition of acts, uniformly observed and practiced as a
social rule, legally binding and obligatory.
• Courts take no judicial notice of custom.
• Local custom as a source of right cannot be considered by a court of justice
o UNLESS such custom is properly established by competent evidence
• Juridical custom DIFFERS FROM social custom
o juridical – can supplement statutory law or applied in the absence of one
• Customs which are contrary to law, public order or public policy shall not be countenanced

Article 13 When the law speaks of years, months, days or nights, it shall be understood that years are of three
hundred sixty-five days each; months, of thirty days, days, of twenty-four hours; and nights from
sunset to sunrise.

If months are designated by their name, they shall be computed by the number of days which they
respectively have.

In computing a period, the first day shall be excluded, and the last day included.

• [WHAT THE HELL?!, But oh well haha]

• Year = 365 days
• Month (not specified) = 30 days
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• Month (specified) = no. of days in that specific month
• Day = 24 hours
• Night = sunset to sunrise
• First day shall be excluded and the last day, included.
• Leap year = 366 days BUT THIS CONTRAVENES Art. 13 definition of the year. One year
EXPLICITLY ordained in the Civil Code is 365 days.

Article 14 Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn
in the Philippine territory, subject to the principles of public international law and to treaty
stipulations

• Exceptions: (where the Philippine government has waived its criminal jurisdiction over them on
the basis of the principles of public international law and treaty stipulations)
o 1961 Vienna Convention on Diplomatic Relations:
o Diplomatic agent shall be inviolable and he/she shall not be liable to any form of arrest or
detention.
! A diplomatic agent is the head of the mission or member of the diplomatic staff
of the mission.
o S/He possesses immunity from criminal jurisdiction o the receiving state.

Article 15 Laws relating to family rights and duties, or to the status, condition and legal capacity of persons
are binding upon citizens of the Philippines, even though living abroad.

• Nationality rule: Regardless of where a citizen of the Philippines might be, he or she will be
governed by Philippine laws with respect to his or her status, condition and legal capacity.
• e.g. the case of absolute divorce
o When a Filipino citizen, regardless of wherever he or she is abroad, whether absolute
divorce is legal in the country where he or she resides, initiates divorce from his or her
spouse and is granted, the Philippines will not recognize such divorce.
o If the alien spouse initiates and procures absolute divorce, the Philippines shall recognize
the divorce.

Article 16 Real property as well as personal property is subject to the law of the country were it is situated.

However, intestate and testamentary successions, both with respect to the order of succession and
to amount of successional rights and to the intrinsic validity of testamentary provisions, shall be
regulated by the national law of the person whose succession is under consideration, whatever may
be the nature of the property and regardless of the country wherein said property may be found.

• The law of the country where the real property is situated shall be the governing law over such
real property.
• As to the order of succession and the amount of successional rights, whether in intestate or
testamentary succession, they shall be regulated by the national law of the deceased and this shall
be applicable regardless of the nature of the property.
• Minciano v. Brimo (Turkish national)
• Apply the national law of the deceased in intestate and testamentary succession with regards to
four elements:
o the order of succession
o the amount of successional rights
o intrinsic validity of the provisions of the will
o capacity to succeed.

Article 17 The forms and solemnities of contracts, wills, and other public instruments shall be governed by
the laws of the country in which they are executed.

When the acts referred to are executed before the diplomatic or consular officials of the Republic
of the Philippines in a foreign country, the solemnities established by Philippine laws shall be
observed in their execution.
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Prohibitive laws concerning persons, their acts or property, and those which have for their object
public order, public policy and good customs shall not be rendered ineffective by laws or
judgments promulgated, or by determinations or conventions agreed upon in a foreign country.

• The law provides clearly that the forms and solemnities of public instruments, wills, and contracts
shall be governed by the laws of the country where they are executed.
• Diplomatic and consular officials are representative of the state. Hence, any act or contract made
in a foreign country before diplomatic and consular officials must conform with the
solemnities under Philippine law.
• Under our law, prohibitive laws concerning persons, their acts or property, and those which have
for their object public order, public policy and good customs shall not be rendered ineffective by
laws, or judgments promulgated, or by determinations or conventions agreed upon in a foreign
country

Article 18 In matters which are governed by the Code of Commerce and special laws, their deficiency shall
be supplied by the provisions of this Code.

Chapter 2: Human Relations

Article 19 Every person must, who in the exercise of his/her rights and in the performance of his/her duties,
act with justice, give everyone his/her due and observe honesty and good faith.

Every person who contrary to law, willfully or negligently causes damage to another shall
Article 20 indemnify the latter for the same.

Any person who willfully causes loss or injury to another in a manner that is contrary to morals,
Article 21 good customs and public policy shall compensate the latter for the damage.

Article 19
• Provides for a rule of conduct that is consistent with an orderly and harmonious relationship
• known to contain what is commonly referred to as principle of abuse of rights, set certain
standards that may be observed not only in the exercise of one's rights but also in the performance
of one's duties
o Standards:
o 1. Act with justice
o 2. Give everyone his or her due
o 3. Observe honesty and good faith
• A right by itself legal, granted by law as such, may nevertheless become a source of some
illegality.
• Elements of an abuse of right (Alebenson v. CA)
o 1. There is legal right or duty
o 2. Which is exercised in bad faith
o 3. for the sole intent of prejudicing or injuring another
• [What is Malice/Bad faith?] (DBP v. CA)
o does not simply connote bad judgment or simple negligence
o connotes ill-will or spite and speaks not in response to duty
o implies an intention to do ulterior and unjustifiable harm
Article 20
• renders it impossible that a person who suffers damage because another has violated some legal
provision should find himself without relief
• anyone, who, whether willfully or negligently, in the exercise of his legal right or duty, causes
damage to another, shall indemnify his or her victim for injuries suffered thereby.

Article 21
• designed to “fill in the countless gaps in statutes”, which leave so many victims of moral wrongs,
helpless, even though they have actually suffered material and moral injury
• Deals with acts contra bonus mores and has the following elements: