Art.

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Art. 13
Penal laws and those for public security and safety shall be obligatory
upon those who live and sojourn in the Philippine territory, subject to
Art. 14 public international law and treaty to stipulations.
Laws relating to family rights and duties or to the status, condition and
legal capacity shall be binding upon the citizens of the Philippines even
though living abroad.

Except: Lex loci celebrationis. Art 26 par. 2 of the family code. Those
marriage which the alien husband filed for and was eventually granted a
Art. 15 divorce, the marriage shall be also dissolved in our country.
Real property as well as personal property shall be subject to the law of
the country which it is situated.

However, testamentary and intestamentary succession, both with

respect to the order of succession and the amount of successional rights
and to the intrinsic validity of the testamentary provision, shall be
governed by the national law of the person whose succession is under
consideration, whatever the nature of the property and regardless of
Art. 16 where the said property may be found.
Forms and Solemnities of contracts shall be governed by the law of the
country which it is executed.

If those acts referred to is executed before the diplomatic or consular

official of the Republic of the Philippines in the foreign country, the
forms and solemnities of the Philippine law shall be followed.

Prohibitive acts regardless of the …

Art. 17
In matters relating to the code of commerce or any other special laws,
Art. 18 their deficiency shall be supplied by this code.
 Every person must in the exercised of his right and performance of his
obligation act with justice, give everyone his due and observe honesty
Art. 19 and good faith.
Every person who, contrary to law, willfully or negligently causes
Art. 20 damage to another shall indemnify the latter for the same.
Any person who willfully causes loss or injury to another in manner
contrary to moral, good custom, public order or public policy shall be
Art. 21 liable for damages.
Every person who in the performance of an act by the other person or
by any other means, acquire or comes into possession something
Art. 22 without just and legal ground shall return the same to him.
Even when an act or event that causes damage to another persons
property was not due to the fault of the defendant, he shall be liable for
Art. 23 indemnity if through that act or event he was benefitted.
In all contractual and legal matters, if one of the party is at a
disadvantage because of his moral dependency, indigence, tender age or
Art. 24 handicap, the court shall be vigilant for their protection.
Thoughtless extravagance in case of emergency may be stopped by the
Art. 25 court upon filing of any charitable or any government instrumentalities.
Every person shall respect the dignity, privacy and peace of mind of the
Art. 26 their neighbors. (PMIV)
Any public officer or employees who refuses or neglect to perform his
personal duties and that resulted from moral or physical loss of any
person shall compensate the latter for the damage. Without prejudice to
Art. 27 the administrative case that may be filed against him.
Unfair competition in agricultural, …. Force, intimidation, undue
Art. 28 influence
One act = criminal conviction (is acquitted) may file another civil case
Art. 29 from the same act.
One act = no criminal proceedings  the civil proceedings may prosper
Art. 30 only preponderance of evidence
Art. 31 Separate act = independent and distinct
Any public official or employees or any person who violates the rights
Art. 32 and liberty of another shall be liable for damages
Art. 33 Separate civil proceeding  F,I,M,U
Art. 34 Solidarily liable. Primary – officer; secondary – municipal
No separate civil action arises from a criminal case which the court
declared to be insufficient. A civil action may be filed providing that a
bond will be deposited in court to indemnify the accused in case of the
Art. 35 case being malicious.
Prejudicial question, which must be decided before a criminal
prosecution may proceed, shall follow the rules of of court which SC
Art. 36 promulgate and shall not be in contrary to the law.
PERSONS
Juridical capacity, which is the fitness to be the subject of legal relations,
Art. 37 is inherent in every natural persons and is lost through death. Capacity
 to act which is the power to do act with legal effect is obtained and may
be lost.
Minority, insanity or imbecility, the state of being deaf mute, prodigality
and civil interdiction are mere restrictions in the capacity to act and does
not exempt the incapacitated person from incurring certain obligations,
as when the latter arises from his act or property relations such as
Art. 38 easement.
The following circumstances, among others, modify or limit the capacity
to act: age, insanity, imbecility, state of being deaf mute, prodigality,
penalty, family relations, alienage, absences, insolvency and trusteeship.
The following circumstances shall be recognized by this code, rules of
court and other special laws. Capacity to act is not limited on the
Art. 39 account of religious belief or political opinion.
Birth determines personality * but a conceived child is considered born
for all the purposes favorable to it, provided, it be born later with the
provision provided in the succeeding article.

*Art. 5 of PD 603 (CYWC) “Civil personality of a child commences upon

conception for all the purpose favorable to it, subject to Article 41 of the
Art. 40 Civil Code
For civil purposes, a fetus shall be considered born if it is alive after its
complete delivery from the mother’s womb. However, if a fetus had an
intrauterine life of less than 7 months, it is not born if it dies with 24
Art. 41 hours at the time of its complete delivery from the maternal womb.
Civil personality is extinguished by death.

The rights and obligations of the deceased shall be governed by law, by

Art. 42 contract or by will.
If there is a doubt, as to two or more person who are called to succeed
each other, as to which of them died first, the one who alleged the death
of the other shall prove the same; in the absence of proof, it shall
presume that they both died at the same time and there shall be no
Art. 43 transmission of rights from one to the other.
The following are the Juridical Persons:
1. State and its political subdivisions
2.Other Corporation, Institution and entities for public interest or
purpose to which the law creates, their personality begins as soon as
they have been constituted by law.
3. Corporations, Partnership and Associations for private interest and
purpose to which the law grants it’s juridical capacity, shall be separate
Art. 44 and distinct from the stockholder, partner or member.
Juridical persons mentioned in Nos. 1 and 2 of the preceding article shall
be governed by the law creating or recognizing them.

Private corporation is regulated by the law on general application on the

subject.
Art. 45
 Partnership and association for private interest and purpose shall be
governed by the provisions of this code concerning partnerships.
Juridical person may acquire or possess property of all kinds as well as
incur obligations and bring civil or criminal action, in accordance with the
Art. 46 law and regulations recognized by them
In case of dissolution of corporation, institution, or other entities
mentioned in article 44 Nos. 2, all their assets and property shall be
dissolved and liquidated pursuance to the charter creating or
Art. 47 recognizing them. If there is no ….s