1 | M.

REYES PERSONS AND FAMILY RELATIONS | RABUYA NOTES

Civil Code of the Philippines

Art. 1 - This Act shall be known as the “Civil Code of the Philippines. (n)

A “civil code” is a collection of laws which regulate the private relations of the members of the society,
determining respective rights and obligations, with reference to persons, things and civil acts. It consists of
2,270 articles divided into 4 books;

I. Persons
II. Property, Ownership
III. Different Modes of Acquiring Ownership
IV. Obligations and Contracts

**The Family Code of the PH repeals Articles 52 to 304, 311 to 355, and 397 to 406 of Book I. Articles 305
to 310; 356 to 396; and 407 to 413 are not repealed.

The 1st civil code in force in the PH was the “Civil Code of Spain of 1889” extended to this country by Royal
Decree of July 31, 1889, it became effective Dec 7, 1889. Followed by RA No. 386, which was approved by
Congress on June 18, 1949. Not all civil law, however, are to be found in the civil code of the PH, several civil
laws are scattered in the various special laws promulgated by the legislature.

The date of effectivity of the Civil Code of the Philippines was August 30, 1950. However, this date was exactly
one year after the Official Gazette publishing the Code was released for “circulation,” the said release having
been made on August 30, 1949.

Publication must be in full or it is no publication at all.

SOURCES OF CIVIL CODE

1. The Spanish Civil Code of 1889

2. The codes, laws, and judicial decisions
3. Doctrines laid down by the SC of the PH
4. Filipino customs
5. PH statutes
6. Code commission itself

Art 2. - Laws shall take effect after fifteen days following the completion of their publication either
in the Official Gazette, or in a newspaper of general circulation in the Philippines, unless it is
otherwise provided. (As amended by E.O. No. 200)

A law may provide for its own effectivity. If the law is silent as to its own effectivity, then it shall take effect
only after fifteen (15) days following its complete publication.

- The 15-day period may either be on the 15th day or 16th day depending on the language used by
Congress in fixing the effectivity date of the statute.
 15th Day: if the law declares “15 days after its publication”
Example:
2 | M.REYES PERSONS AND FAMILY RELATIONS | RABUYA NOTES

Sec. 28 of RA No. 7659 (“An act to impose the death penalty on certain heinous crimes”). This
Act shall take effect 15 days after its publication in 2 national newspaper of general circulation.
The publication shall not be later than 7 days after the approval hereof.

Thus, in PEOPLE v. SIMON and PEOPLE v. GODOY, the SC ruled that RA No. 7659 took
effect Dec 31, 1993, that is, 15 days after its publication in the Dec 16, 1993, and not on Jan 1,
1994 as is sometimes misinterpreted.

 16th Day: if the law declares “after 15 days following its publication”
Example:

Sec. 8 of RA No. 7691 (“An Act Expanding the Jurisdiction of the Metropolitan Trial Courts,
Municipal Courts, and Municipal Circuit Trial Courts, etc.”). This act shall take effect 15 days
following its publication in the Official Gazette or in 2 national newspaper of general
circulation.

The Supreme Court on June 14, 1994, the Court declared that R.A. No. 7691 became
effective on April 15, 1994, fifteen (15) days following its publication in the Malaya and in the
Times Journal on March 30, 1994.

When the law is silent as to its effectivity, then it shall take effect after fifteen (15) days following the
completion of its publication.

Example:

In GSIS v. COMMISSION ON AUDIT, a question as to the effectivity of EO No. 79 arose, the law is silent to its
effectivity. Thus, Court ruled:

“The question that arises is when is the executive order effective? The President issued the executive
order on Dec 2, 1986. It was published in the Official Gazette on December 22, 1986.

Thus, E.O. No. 79 is effective fifteen (15) days following its publication in the Official Gazette, or on January 07,
1987. xxx”

The case of TENADA v. TUVERA, the Court ruled that Art. 2 of the Civil Code does not preclude the
requirement of publication in the Official Gazette even if the law provides for the date of its effectivity since
the clear object of the law is to give the general public adequate notice of the various laws. Without such
notice and publication, there would be no basis for the application of the maxim “ignorantia legis non
excusat.” It would be the height of injustice, according to the Court, to punish or otherwise burden a citizen
for the transgression of a law of which he had no notice whatsoever, not even a constructive one.

Where to publish?

In the TENADA v. TUVERA case, the Court resolved the issue by saying that pursuant to the Civil Code and the
Revised Administrative Code, publication must be effected in the Official Gazette and not in any other
medium. Because of this ruling, EO No. 200 was passed by President Corazon Aquino on June 18, 1987,
amending Sec. 2 of the Civil Code. Pursuant to this amendatory law, publication of laws may now either be in
3 | M.REYES PERSONS AND FAMILY RELATIONS | RABUYA NOTES

the Official Gazette or in a newspaper of general circulation on the PH.

Meaning of Clause “Unless It Is Otherwise Provided”

The proviso “unless it is otherwise provided” in Article 2 of the Civil Code perforce refers only to a law that has
been duly published pursuant to the basic constitutional requirements of due process. It refers to the date of
effectivity and not to the requirement of publication itself.

Effective Immediately Upon Approval

Statute should not be regarded as purporting literally to come into effect immediately upon its approval or
enactment and without need of publication. For so to interpret such statute would be to collide with the
constitutional obstacle posed by the due process clause.

Reduction of Extension of 15 Day Period

The legislative may, in its discretion, provide that the usual 15-day period shall be shortened or extended.

Meaning of Term “Laws” in Art. 2

The term “laws” should refer to all laws and not only those of general application, all laws relates to the
people in general albeit there are some that do not apply to them directly.

 PDs and Eos

 Administrative Rules and Regulation
 Monetary Board Circulars
 Municipal Ordinance
 Supreme Court Decisions

Art. 3. Ignorance of the law excuses no one from compliance therewith. (2)

In MARIBELLA-BOBIS v. BOBIS, where the accused is prosecuted for the crime of Bigamy for not obtaining
judicial declaration of nullity of his 1st marriage before re-marrying, the SC declared: “Ignorance of the
existence of Art. 40 of the Family Code cannot even be successfully invoked as an excuse. The contracting of a
marriage, knowing the requirements of the law have not been complied with or that the marriage is in
disregard of a legal impediment, is an act penalized by the Revised Penal Code. The legality of a marriage is a
matter of law and every person is presumed to know the law.”

Laws Covered

Art. 3 applies to all kinds of domestic laws, whether civil or penal, substantive or remedial. However, the
article is limited to mandatory and prohibitory laws.31 It does not include those which are merely permissive.

 Not applicable to Foreign Laws: There is no conclusive presumption of knowledge of foreign laws
 Doctrine of Processual Presumption: if the foreign law involved is not properly pleaded and proved,
our courts will presume that the foreign law is the same as our local or domestic or internal law. This is
what we refer to as the doctrine of “processual presumption.”
4 | M.REYES PERSONS AND FAMILY RELATIONS | RABUYA NOTES

Ignorance of Law v. Ignorance of Fact

Ignorance of the law is no excuse; ignorance of fact may excuse a party from legal consequences of his conduct.

Art. 4. Laws shall have no retroactive effect, unless the contrary is provided. (3)

A retroactive law is one intended to affect transaction which occurred, or rights which accrued,
before it became operative, and which ascribes to them affects not inherent in their nature, in view of
the law in force at the time of their occurrence.

Exceptions to General Rule

Laws may be given retroactive effect:

1. If the law itself provides for retroactivity;

2. Penal laws favorable to the accused
3. If the law is procedural
4. When the law is curative
5. When the law creates new substantive rights

ex post facto law – is one that would make previous act criminal although it was not so at the time it
was committed.

 Refer to criminal matters

 Be retroactive in its application
 Prejudicial to the accused

Non-Impairment of Obligation of Contracts – Under Sec. 10, Art. 3 of the 1987 Constitution of,
Congress is prohibited from passing laws that will impair the obligation of contracts. A law impairs and
obligation of contracts concluded if it has retroactive application so as to affect existing contracts
concluded before its enactment.

Non-Impairment of Contracts, General Rule – only laws existing at the time of the execution of the contract
are applicable thereto and not later statutes, unless the latter are specifically in- tended to have retroactive
effect.

Exercise of Police Power, Exception to Rule – One involves police power. A law enacted in the exercise
of police power to regulate or govern certain activities or transactions could be given retroactive
effect. Police power legislation is applicable not only to future contracts, but equally to those already
in existence.

Penal Laws Favorable to Accused

In the case PEOPLE v. VALDEZ, the accused was found guilty by the trial court of two crimes: (1)
murder for which he was sentenced to suffer the death penalty; and (2) illegal possession of firearms
5 | M.REYES PERSONS AND FAMILY RELATIONS | RABUYA NOTES

and ammunition under PD No. 1866 for which he was sentenced to suffer reclusion perpetua. The
crime was committed on October 1995. His conviction was automatically reviewed by the Supreme Court.
During the pendency of the appeal, R.A. No. 8294 was enacted by Congress, which became effective on June
21, 1997. Under the amendatory law, the illegal possession or use of firearm may no longer be separately
charged and only one offense should be punished, viz., murder in this case, and the use of unlicensed firearm
should only be considered as an aggravating circumstance. Applying Article 22 of the RPC, the Court ruled that
R.A. No. 8294 should be applied retroactively in this case since it is favorable to the accused. Thus, accused
was found liable only for murder and the illegal possession of firearm was merely treated as an aggravating
circumstance.

Procedural or Remedial Laws

Relates to remedies or modes of procedure, which do not create a new r take away vested rights, but only
operate in furtherance of the remedy or confirmation of rights already existing, do not come within the legal
conception of a retroactive law, or the general rule against retroactive operation of statutes.

Curative Laws

Enacted to cure defects in a prior law or to validate legal proceedings, instruments or acts of public authorities
which would otherwise be void for want of conformity with certain existing legal requirements. They are
intended to supply defects, abridged superfluities and curb certain evils. However, they cannot violate
constitutional provisions, nor destroy vested rights of third persons. They cannot affect a judgment that has
become final.

Laws Creating New Substantive Right

When law creates new substantive rights, it may be given retroactive effect provided it has not prejudiced
another acquired right of the same origin.

Art. 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except
when the law itself authorizes their validity. (4a)

If the law commands that something be done, it is mandatory. If the law commands that something should
not be done, it is prohibitory.

Exceptions to the Rule

1. When the law itself authorizes its validity although generally they would have been void.
2. When the law makes the act valid, but punishes the violator.
3. Where the law merely makes the act voidable, that is, valid unless annulled.
4. Where the law declares the act void, but recognizes legal effects as arising from it.

Art. 6. Rights may be waived, unless the waiver is contrary to law, public order, public policy,
6 | M.REYES PERSONS AND FAMILY RELATIONS | RABUYA NOTES

morals, or good customs, or prejudicial to a third person with a right recognized by law. (4a)

Every right has 3 elements;

1. the subject; active and passive

2. the object
3. the efficient cause

Kinds of Rights

Civil Rights – may be further classified into rights of personality (sometimes called human rights), family rights
and patrimonial rights. The rights to personality and family rights are not subject to waiver; but patrimonial
rights can be generally waived.

Political Rights – are those referring to the participation of persons in the government of the States.

Patrimonial Rights are 2 kinds; 1. Real right or the power belonging to a person over a specific thing, without a
passive subject individually determined against whom such right may be personally exercised; and 2. Personal
right or the power belonging to one person to demand of another, as a definite passive subject, the fulfillment
of a prestation to give, to do or not to do.

Requisites of Valid Waiver

Defined as the relinquishment of a known right with both knowledge of its existence and an intention to
relinquish it. In order that a person may be considered to have validly renounced a right, the following
requisites should be present:

1. he must actually have the right which he renounces;

2. he must have the capacity to make the renunciation; and
3. the renunciation must be made in a clear and unequivocal manner.

Art. 7. Laws are repealed only by subsequent ones, and their violation or non-observance shall not
be excused by disuse, or custom or practice to the contrary.
When the courts declared 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. (5a)

Laws are repealed in 2 ways: (1) express, or (2) implied. Express repeal is that contained in a special provision
of a subsequent law. Implied repeal takes place when the provision of the subsequent law is incompatible with
those of an earlier law and there is no express repeal.

Example of Express Repeal

The Family Code. Article 253 of the Family Code provides that “Titles III, IV, V, VI, VII, VIII, IX, XI and XV of Book
1 of Republic Act No. 386, otherwise known as the Civil Code of the Philippines, as amended, and Articles 17,
18, 19, 27, 28, 29, 30, 31, 39, 40, 41 and 42 of Presidential Decree No. 603, otherwise known as the Child and
7 | M.REYES PERSONS AND FAMILY RELATIONS | RABUYA NOTES

Youth Welfare Code, as amended, and all laws, decrees, executive orders, proclamations, rules and
regulations, or parts thereof, inconsistent herewith are hereby re- pealed.”

The statement “all laws or parts thereof which are inconsistent with this Act are hereby repealed or modified
accordingly,” however, is not an express repealing clause because it fails to identify or designate the act or
acts that are intended to be repealed. If repeal of particular or specific law or laws is intended, the proper step
is to so express it.

Example of Implied Repeal

Implied repeals are not to be favored because they rest only on the presumption that because the old and the
new laws are incompatible with each other, there is an intention to repeal the old. If both laws can by
reasonable construction stand together, both will be sustained.

The two laws must be absolutely incompatible, and clear finding thereof must surface, before inference of
implied repeal may be drawn. The fundament is that the legislature should be presumed to have known the
existing laws on the subject and not have enacted conflicting statutes. Hence, all doubts must be resolved
against any implied repeal, and all efforts should be exerted in order to harmonize and give effect to all laws
on the subject.

There are two requisites for implied repeals; 1. the laws cover the same subject matter, and 2. The latter is
regnant to the earlier.

CASE BASIS
AGUJETAS v. CA – 261 SCRA (1996) – READ

Conflict Between General and Special Law

When there is a conflict between a general law and a special statute, the special statute should prevail since it
evinces the legislative in- tent more clearly than the general statute. The special law is to be taken as an
exception to the general law in the absence of special circumstances forcing a contrary conclusion. A special
law cannot be repealed, amended or altered by a subsequent general law by mere implication.

 GENERAL LAW ENACTED PRIOR TO SPECIAL LAW: if general law was enacted PRIOR to the spcial law,
the latter is considered the exception to the general law.
 GENERAL LAW ENACTED AFTER SPECIAL LAW: if general law enacted AFTER the special law, the special
law remains unless:
1. There is an express declaration to the contrary; or
2. There is a clear, necessary and irreconcilable conflict; or
3. Unless the subsequent general law covers the whole subject and is clear intended to replace
the special law in the matter

CASE BASIS
LAGUNA LAKE DEVELOPMENT AUTHORITY v. CA – 251 SCRA (1995) – READ

ART. 8 Judicial decisions applying or interpreting the laws or the Constitution shall form a part of
the legal system of the Philippines.
8 | M.REYES PERSONS AND FAMILY RELATIONS | RABUYA NOTES

Judicial Decisions, Not Laws

The judicial department has no power to enact laws because the same is the exclusive province of the
legislative department.

The SC in MIRANDA v. IMPERIAL categorically stated that “only the decisions of the Supreme Court establish
jurisprudence or doctrines in this jurisdiction.” Decisions of the Supreme Court, although in themselves not
laws, are evidence of what the law means. The decisions of subordinate courts are only persuasive in nature,
and can have no mandatory effect. However, this rule does not militate against the fact that a conclusion or
pronouncement of the Court of Appeals which covers a point of law still undecided in the Philippines may still
serve as a judicial guide to the inferior courts.

Doctrine of Stare Decisis

The “doctrine of stare decisis” means that when the Court has once laid down a principle of law as applicable
to a certain state of facts, it will adhere to that principle and apply it to all future cases where the facts are
substantially the same. The doctrine of stare decisis enjoins adherence to judicial precedents. It is based on
the principle that once a question of law has been examined and decided, it should be deemed settled and
closed to further argument. The doctrine, however, does not mean blind adherence to precedents. If the
doctrine is found to be contrary to law, it should be abandoned.

CASE BASIS
FILOTEO, JR. v. SANDIGAN BAYAN – 263 SCRA 222 (1996) – READ

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

ART. 9 is applicable to criminal prosecutions. Applying the rule “nullum crimen, nulla poena sine lege” (there is
no crime when there is no law punishing it) the judge must dismiss the case if somebody is accused of a non-
existent crime.

What Must Judge Do

If the law is silent, obscure of insuffient, under the old Civil Code, it was expressly stated that “when there is
no statute exactly applicable to the point in controversy, the custom of the place shall be applied, and, in
default thereof, the general principles of law.” it was then modified, the judge shall apply that rule which he
believes the law-making body should lay down guided by the general principles of law and justice. As it stands
now, the Civil Code of the Philippines is silent with respect to this point. It is, however, submitted that we can
still apply the old rule considering the provisions of Arts. 10, 11 and 12 of the present Civil Code. In other
words, if the law is silent, or is obscure or insufficient with respect to a particular controversy, the judge shall
apply the custom of the place, and in default thereof, the general principles of law and justice.

Art. 10. In case of doubt in the interpretation or application of laws, it is presumed that the
9 | M.REYES PERSONS AND FAMILY RELATIONS | RABUYA NOTES

lawmaking body intended right and justice to prevail.

This rule is to be applied only in case of doubt. Thus, the law may be hard, but it is still the law “dura lex sed
lex”. The first duty of the judge is apply the law --- whether wise or not, whether unjust --- provided that the
law is clear, and there is no doubt.

Illustration

In PEOPLE v. AMIGO, the accused claims that the penalty of re- clusion perpetua is too cruel and harsh a
penalty and pleads for sympathy. The Court replied: “Courts are not the forum to plead for sympathy. The
duty of courts is to apply the law, disregarding their feeling of sympathy or pity for the accused. DURA LEX SED
LEX. The remedy is elsewhere –– clemency from the executive or an amendment of the law by the legislative,
but surely, at this point, this Court cannot but apply the law.”

Resort to Equity

“Justice outside legality,” is applied only in the absence of, and never against, statutory law or judicial rules of
procedure.

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

Art. 12. A custom must be proved as a fact, according to the rules of evidence.

Custom is a “rule of conduct formed by repetition of acts, uniformly observed as a social rule, legally binding
and obligatory”

Requisites in Application of Customs

1. Plurality of acts, or various resolutions of a juridical question raised repeatedly in life; 


2. Uniformity, or identity of acts or various solutions to the juridical question; 


3. General practice by the great mass of the social group; 


4. Continued performance of these acts for a long period of time; 


5. General conviction that the practice corresponds to a juridical necessity or that it is obligatory; and 


6. The practice must not be contrary to law, morals or public order. 


Not Subject to Judicial Notice

10 | M.REYES PERSONS AND FAMILY RELATIONS | RABUYA NOTES

Customs are not subject to judicial notice because they must be proven as a fact, according to the rules of
evidence.

Art. 13. When the laws speak 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.

Computing Period

In computing a period, the 1st day is excluded while the last day is included.

EXAMPLE:

A defendant is given, under the rules, a period of 15 days to file his Answer to a Complaint counted from the
receipt of the summons. Therefore, if summons is received by defendant is on March 1, the 15 th day period
will expire on March 16.

If Last Day Falls On Saturday, Sunday or Legal Holiday

 IN AN ORDINARY CONTRACT: the agreement of the parties prevails. This is because obligations arising
from contracts have the force of law between the contracting parties.
 UNDER THE RULES OF COURT: when time refers to a period prescribed or allowed by Rules of Court, if
the last day falls on a Sat, a Sun or legal holiday, the time shall not run until the next working day.

Art. 14. Penal laws and those of public security and safety shall be obligatory upon all who live or
sojourn in Philippine territory, subject to the principles of public international law and to treaty
stipulations. (8a)

EXAMPLE:

Joe, an American Citizen in the PH, killed a Filipino in Manila. Prosecuted in the crime of homicide, joe
defensed that being an American he is not bound by PH law. Is his contention correct? NO. Penal laws and
those of public security and safety shall be obligatory upon all who sojourn in Philippine territory, subject to
the principles of public international law and treaties.

Principle of Generality

ART 14 embodies one of the 3 main characteristics of our Criminal Law – which is generality.

Exception to the Rule

1. Treaty Stipulations; an example of this is the Military Bases Agreement between PH and USA in 1947.
PH courts have no jurisdiction over felonies committed within the PH; 1. Within the military base camp,
2. Offense committed outside of bases but both offender are US personnel and 3. When offense is
committed by a member of the US military against USA.
11 | M.REYES PERSONS AND FAMILY RELATIONS | RABUYA NOTES

2. Laws of Preferential Application; An example of this is Republic Act No. 75. This law prohibits the
issuance of any war- rant of arrest against any ambassador or public minister of any foreign state,
authorized and received as such by the President, including their domestics or domestic servants
registered in the Department of Foreign Affairs.
3. Principle of Public Int’l Laws; well established principle of Int’l law that diplomatic representatives’
posses immunity from criminal jurisdiction of the country of their sojourn, and cannot be sued,
arrested or punished by the law of that country.

Art. 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. (9a)

EXAMPLE:

Suppose, Maria and Jose, Filipino couple, are residing in Switzerland. Assuming that under Swiss laws, the
spouses are not obliged to support each other, may Jose refuse to support Maria? ANSWER: NO. Since they
are Filipino citizens, they are still governed by the Family Code even though they are living abroad. Under the
Family Code, the spouses are obliged to support each other.

Status and Condition

Divorce Between Filipinos, Not Valid: Philippine law does not provide for absolute divorce; hence, our courts
cannot grant it. A marriage between two Filipinos cannot be dissolved even by a divorce obtained abroad,
because of Articles 15 and 17 of the Civil Code.

CASE BASIS
TENCHAVEZ v. ESCANO – 15 SCRA 355 (1965)
VAN DORN v. ROMILLO, JR – 139 SCRA (1985)

Legal Standing of Divorced Persons to Sue for Adultery; When a foreigner, married to a Filipino citizen,
obtained a decree of divorce abroad, he is no longer the husband of the Filipino citizen and therefore losses
the standing to sue for adultery.

CASE BASIS
PILAPIL V. IBAY-SOMERA – 174 SCRA 563 (1989)
INSULAR GOV’T V. FRANK – 13 PHIL 236