Republic Act No.

386

June 18, 1949

The Civil Code of the Philippines

Art. 7. Laws are repealed only by subsequent
AN ACT TO ORDAIN AND INSTITUTE THE CIVIL ones, and their violation or non-observance
CODE OF THE PHILIPPINES shall not be excused by disuse, or custom or
practice to the contrary.
PRELIMINARY TITLE

  When the courts declared a law to be

inconsistent with the Constitution, the
CHAPTER I former shall be void and the latter shall
govern.
EFFECT AND APPLICATION OF LAWS
Administrative or executive acts, orders and
  
regulations shall be valid only when they are
Article 1.  This Act shall be known as not contrary to the laws or the
the "Civil Code of the Philippines." (n) Constitution. (5a)

Art. 2.  Laws shall take effect after fifteen Art. 8.  Judicial decisions applying or
days following the completion of their interpreting the laws or the Constitution shall
publication in the Official Gazette, unless it is form a part of the legal system of the
otherwise provided.  This Code shall take Philippines. (n)
effect one year after such publication. (1a)
Art. 9.  No judge or court shall decline to
Art. 3.  Ignorance of the law excuses no one render judgment by reason of the silence,
from compliance therewith. (2) obscurity or insufficiency of the laws. (6)
Art. 4. Laws shall have no retroactive effect,
unless the contrary is provided. (3) Art. 10.  In case of doubt in the
interpretation or application of laws, it is
Art. 5. Acts executed against the provisions presumed that the lawmaking body intended
of mandatory or prohibitory laws shall be right and justice to prevail. (n)
void, except when the law itself authorizes
their validity. (4a) Art. 11.  Customs which are contrary to law,
public order or public policy shall not be
Art. 6. Rights may be waived, unless the countenanced. (n)
waiver is contrary to law, public order, public
policy, morals, or good customs, or
prejudicial to a third person with a right Art. 12. A custom must be proved as a fact,
recognized by law. (4a) according to the rules of evidence. (n)
Art. 13.  When the laws speak of years, Philippine laws shall be observed in their
months, days or nights, it shall be understood execution.
that years are of three hundred sixty-five
days each; months, of thirty days; days, of Prohibitive laws concerning persons, their
twenty-four hours; and nights from sunset to acts or property, and those which have, for
sunrise. their object, public order, public policy and
good customs shall not be rendered
If months are designated by their name, they ineffective by laws or judgments
shall be computed by the number of days promulgated, or by determinations or
which they respectively have. conventions agreed upon in a foreign
country. (11a)
In computing a period, the first day shall be
excluded, and the last day included. (7a) Art. 18.  In matters which are governed by
the Code of Commerce and special laws, their
Art. 14.  Penal laws and those of public
deficiency shall be supplied by the provisions
security and safety shall be obligatory upon
of this Code. (16a) 
all who live or sojourn in the Philippine
 
territory, subject to the principles of public
international law and to treaty
stipulations. (8a)

Art. 15.  Laws relating to family rights and

duties, or to the status, condition and legal CHAPTER 2
capacity of persons are binding upon citizens HUMAN RELATIONS (n)
of the Philippines, even though living
abroad. (9a)
Art. 19. Every person must, in the exercise of
Art. 16.  Real property as well as personal his rights and in the performance of his
property is subject to the law of the country duties, act with justice, give everyone his
where it is stipulated. due, and observe honesty and good faith.

However, intestate and testamentary Art. 20. Every person who, contrary to law,
successions, both with respect to the order of wilfully or negligently causes damage to
succession and to the amount of successional another, shall indemnify the latter for the
rights and to the intrinsic validity of same.
testamentary provisions, shall be regulated
by the national law of the person whose Art. 21. Any person who wilfully causes loss
succession is under consideration, whatever or injury to another in a manner that is
may be the nature of the property and contrary to morals, good customs or public
regardless of the country wherein said policy shall compensate the latter for the
property may be found. (10a) damage.

Art. 17.  The forms and solemnities of Art. 22. Every person who through an act of
contracts, wills, and other public instruments performance by another, or any other means,
shall be governed by the laws of the country acquires or comes into possession of
in which they are executed. something at the expense of the latter
without just or legal ground, shall return the
When the acts referred to are executed same to him.
before the diplomatic or consular officials of
the Republic of the Philippines in a foreign Art. 23. Even when an act or event causing
country, the solemnities established by damage to another's property was not due to
the fault or negligence of the defendant, the
latter shall be liable for indemnity if through deceit, machination or any other unjust,
the act or event he was benefited. oppressive or highhanded method shall give
rise to a right of action by the person who
Art. 24. In all contractual, property or other thereby suffers damage.
relations, when one of the parties is at a
disadvantage on account of his moral Art. 29. When the accused in a criminal
dependence, ignorance, indigence, mental prosecution is acquitted on the ground that
weakness, tender age or other handicap, the his guilt has not been proved beyond
courts must be vigilant for his protection. reasonable doubt, a civil action for damages
for the same act or omission may be
Art. 25. Thoughtless extravagance in instituted. Such action requires only a
expenses for pleasure or display during a preponderance of evidence.  Upon motion of
period of acute public want or emergency the defendant, the court may require the
may be stopped by order of the courts at the plaintiff to file a bond to answer for damages
instance of any government or private in case the complaint should be found to be
charitable institution. malicious.

Art. 26. Every person shall respect the If in a criminal case the judgment of acquittal
dignity, personality, privacy and peace of is based upon reasonable doubt, the court
mind of his neighbors and other persons. The shall so declare. In the absence of any
following and similar acts, though they may declaration to that effect, it may be inferred
not constitute a criminal offense, shall from the text of the decision whether or not
produce a cause of action for damages, the acquittal is due to that ground.
prevention and other relief:
Art. 30. When a separate civil action is
brought to demand civil liability arising from
a criminal offense, and no criminal
(1) Prying into the privacy of another's proceedings are instituted during the
residence: pendency of the civil case, a preponderance
of evidence shall likewise be sufficient to
(2) Meddling with or disturbing the private prove the act complained of.
life or family relations of another;

(3) Intriguing to cause another to be Art. 31. When the civil action is based on an
obligation not arising from the act or omission
alienated from his friends;
complained of as a felony, such civil action
(4) Vexing or humiliating another on account may proceed independently of the criminal
of his religious beliefs, lowly station in life, proceedings and regardless of the result of
place of birth, physical defect, or other the latter.
personal condition.
Art. 32. Any public officer or employee, or
any private individual, who directly or
Art. 27. Any person suffering material or
indirectly obstructs, defeats, violates or in
moral loss because a public servant or
any manner impedes or impairs any of the
employee refuses or neglects, without just
following rights and liberties of another
cause, to perform his official duty may file an
person shall be liable to the latter for
action for damages and other relief against
damages:
the latter, without prejudice to any
disciplinary administrative action that may be
(1)  Freedom of religion;
taken.
(2)  Freedom of speech;
Art. 28. Unfair competition in agricultural,
commercial or industrial enterprises or in (3)  Freedom to write for the press or to
labor through the use of force, intimidation, maintain a periodical publication;
(4)  Freedom from arbitrary or illegal statute which has not been judicially
detention; declared unconstitutional; and

(5)  Freedom of suffrage; (19)  Freedom of access to the courts. In any

(6)  The right against deprivation of property of the cases referred to in this article,
without due process of law; whether or not the defendant's act or
omission constitutes a criminal offense, the
(7)  The right to a just compensation when aggrieved party has a right to commence an
private property is taken for public use; entirely separate and distinct civil action for
damages, and for other relief. Such civil
(8)  The right to the equal protection of the
action shall proceed independently of any
laws;
criminal prosecution (if the latter be
(9)  The right to be secure in one's person, instituted), and mat be proved by a
house, papers, and effects against preponderance of evidence.
unreasonable searches and seizures;
(10)  The liberty of abode and of changing the The indemnity shall include moral damages.
same; Exemplary damages may also be adjudicated.

(11)  The privacy of communication and The responsibility herein set forth is not
correspondence; demandable from a judge unless his act or
omission constitutes a violation of the Penal
(12)  The right to become a member of Code or other penal statute.
associations or societies for purposes not
contrary to law; Art. 33. In cases of defamation, fraud, and
physical injuries a civil action for damages,
(13)  The right to take part in a peaceable entirely separate and distinct from the
assembly to petition the government for criminal action, may be brought by the
redress of grievances; injured party. Such civil action shall proceed
(14)  The right to be free from involuntary independently of the criminal prosecution,
servitude in any form; and shall require only a preponderance of
evidence.
(15)  The right of the accused against
excessive bail;
Art. 34. When a member of a city or municipal
(16)  The right of the accused to be heard by police force refuses or fails to render aid or
himself and counsel, to be informed of the protection to any person in case of danger to
nature and cause of the accusation against
life or property, such peace officer shall be
him, to have a speedy and public trial, to
meet the witnesses face to face, and to have primarily liable for damages, and the city or
compulsory process to secure the attendance municipality shall be subsidiarity responsible
of witness in his behalf; therefor. The civil action herein recognized shall
be independent of any criminal proceedings,
(17)  Freedom from being compelled to be a and a preponderance of evidence shall suffice
witness against one's self, or from being
to support such action.
forced to confess guilt, or from being induced
by a promise of immunity or reward to make
such confession, except when the person
confessing becomes a State witness; Art. 35. When a person, claiming to be
injured by a criminal offense, charges
(18)  Freedom from excessive fines, or cruel another with the same, for which no
and unusual punishment, unless the same is independent civil action is granted in this
imposed or inflicted in accordance with a Code or any special law, but the justice of
the peace finds no reasonable grounds to
believe that a crime has been committed, or
the prosecuting attorney refuses or fails to
institute criminal proceedings, the complaint
may bring a civil action for damages against
the alleged offender.  Such civil action may
be supported by a preponderance of
evidence.  Upon the defendant's motion, the
court may require the plaintiff to file a bond
to indemnify the defendant in case the
complaint should be found to be malicious.

If during the pendency of the civil action, an

information should be presented by the
prosecuting attorney, the civil action shall be
suspended until the termination of the
criminal proceedings.

Art. 36. Pre-judicial questions which must be

decided before any criminal prosecution may
be instituted or may proceed, shall be
governed by rules of court which the
Supreme Court shall promulgate and which
shall not be in conflict with the provisions of
this Code.