Civil Code Articles (Art.
1-36) Article 7 - Repeal (repeal of laws by later ones)
GENERAL PRINCIPLES Article 8 - Judicial Decisions (no rule unless
established by law)
Article 1 - Title ("Civil Code" as primary law for civil
relations) Civil code was issued last August 30, Stare Decisis- to stand by that which is decided.
1950.
When a doctrine is overruled and a different view is
Article 2 - Effectivity (laws effective 15 days post- adopted, the new doctrine should be applied
publication) prospectively. (Not retroactive)
Article 3 - Ignorance (ignorance of law excuses no Article 9 - Duty of Courts (courts must render a
one from compliance therewith) decision and it should not decline render
judgement by reason of the silence, obscurity or
Article 4 - Retroactivity (laws generally not insufficiency of the laws.
retroactive)
Article 10 - Silence of the Law (apply equity and
Instances when a law may be given retroactive customs)- It is presumed that the lawmaking body
effects: intended right and justice to prevail.
1. When the law provides for retroactivity Article 11 – Customs which are contrary to law,
2. When the law is curative or remedial public order or public policy shall not be
3. When the law is procedural countenanced.
4. When the law is penal in character and
favorable to the accused. Article 12 - Customs must be proved as a fact,
according to the rules of evidence.
Article 5 – Void (Acts which are contrary to
mandatory or prohibited laws are void.) Requisites:
Exceptions: 1. Repetition of acts
2. Uniformly observed (practice) as a social rule
1. When the law itself authorized its validity (i.e., 3. Legally blinding and obligatory
lotto, sweepstakes)
2. When the law makes the act only voidable and Article 13 - Definitions (clarifications on years,
not void (i.e., if consent is vitiated, months, days)
the contract is voidable and not void)
3. When the law makes the act valid but punishes Years 365 days, Months 30 days, Night sunset to
the violator (i.e., if the marriage is sunrise Days 24 hours.
celebrated by someone without legal authority but Article 14 - Generality (Penal laws- sojourn in the
the parties are in good faith, Phil.) Public safety and security must be obligatory
the marriage is valid but the person who married to all foreigners.
the parties is liable)
4. When the law makes the act void but recognizes Article 15 - Nationality Principle (laws for Filipino
legal effects flowing therefrom. nationals)- Laws relating to family rights, duties,
(i.e., Articles 1412 & 1413) status, condition and legal capacity of person are
binding upon citizens of the Philippines even
Article 6 - Waiver (cannot waive laws established though living abroad.
for public order)
If yung Filipino ay nasa abroad and hindi obligatory
Requisites: magbigay doon ng sustento sa anak, hindi pwedeng
1. The person making the waiver must be aware sundin yun ng magulang because binding pa din
of the existence of the rights. siya sa batas ng Pilipinas.
2. He must voluntarily renounce the right.
Article 16 - Property Laws (real property subject to Article 24 - Protection of Vulnerables (courts
law where situated) protect underprivileged)
Lex Rei Sitae- The law of the place where the Parens Patriae- The government is the legal
property is situated. protector of the citizens who are unable to protect
themselves.
Article 17 - Forms of Contracts (formality as per law
where made) Article 25 - Courage and Generosity (recognition of
altruistic acts)
Lex Loci Celebrationis- The law of the place where
the action is celebrated. Thoughtless extravagance in expenses for pleasure
or display while the state is in emergency.
But. kahit na sa abroad ka kinasal where Bigamy is
allowed, a Filipino citizen still cannot remarry Article 26 - Privacy (right against unjust
because we have a law regarding bigamy. interference)
Article 18 – In matters governed by the code of 1. Prying into the privacy of another’s residence
commerce and special laws, their deficiency shall be 2. Disturbing the private life or family relations of
supplied by the provision of the code. one another
3. Cause another to be alienated from his friends
HUMAN RELATIONS 4. Humiliating another on account of his religious
Article 19 - Good Faith (duty to act with justice) beliefs, station in life, place of birth, physical
defect or other personal condition.
Elements of Abuse of Rights
Remedies- Action for damages, prevention and
1. Legal right or duty other relief.
2. Right or duty is exercised in bad faith
3. Sole intent to prejudice or injure another. Article 27 - Refusal of Public Service (liability for
unjust refusal)- When a person suffered material or
Article 20 - Damages (liability for wrongful act or moral loss because a public servant or employee
omission)- Willfully or negligently causes damage to refuses or neglects without just cause his duty.
another
Pwede mo siyang kasuhan ng damages and other
Article 21 - Morality (liability for willful injury relief.
contrary to morals)- Art. 20 is a violation of law
even intentional or negligence. Article 28 - Libel and Slander Unfair
Competition(civil action for defamation)- May
Contra Bonus Mores- any person who wilfully force, intimidation and decit.
causes loss or injury to another that is contrary to
moral, shall compensate the damage. It has Article 29 - Criminal Actions (civil liability if
elements; acquitted) Pwede mag-file ng damages for civil
liability ang victim if napalaya siya dahil sa ground
1. An act which is legal na hindi siya guilty.
2. Contraty to morals, public order or polivy
3. Intent to injure In criminal cases, the court should also declare that
the victim was acquitted because of not guilty.
Article 22 - Unjust Enrichment (no person shall
unjustly enrich themselves)- When you come into Article 30 - Prejudice to Rights or EX DELICTO
possession of something that are not yours, you (damages for not preserving rights)
should return it. The civil action is based on the criminal act.
Article 23 – Doctrine of Strict Liability (If you gain For example, if someone stole from you, you could
something from a situation that harms others, you file a civil case to recover your losses because the
have to make up for their loss even if you don’t crime (theft) is the basis of the civil action.
intent to harm them or act carelessly.
Article 31 – Independent Civil (Not ex delicto) (It (16) The right of the accused to be heard by himself
doesn’t rely to criminal act.) and counsel, to be informed of the nature and
cause of the accusation against him, to have a
a lawsuit that can be filed independently and is not speedy and public trial, to meet the witnesses face
connected to any crime. This type of case can to face, and to have compulsory process to secure
proceed even if no crime was committed. the attendance of witness in his behalf;
Imagine someone damages your property by (17) Freedom from being compelled to be a witness
accident, not because they committed a crime. You against one’s self, or from being forced to confess
can still file a civil case to recover costs. guilt, or from being induced by a promise of
immunity or reward to make such confession,
Article 32 - Civil Liberties (liable for violating rights) except when the person confessing becomes a
State witness;
An independent civil action can be filed for
(18) Freedom from excessive fines, or cruel and
damages if a person’s rights or freedoms are
unusual punishment, unless the same is imposed or
violated, regardless of whether a crime was
inflicted in accordance with a statute which has not
committed or if the offender is held criminally
been judicially declared unconstitutional; and
liable. This means you can sue for damages
(19) Freedom of access to the courts.
separately, even if there's no criminal case or if the
criminal case doesn’t result in a conviction.
Article 33 - Violence and Fault- defamation, fraud
For example, if someone unlawfully restricts your and physical injuries
freedom of speech or violates your privacy, you can
is a civil lawsuit you can file without needing a
file an independent civil case for damages under
criminal case to go with it. This means you’re suing
Article 32. This is designed to protect fundamental
for damages or harm done to you, regardless of
rights independently of criminal proceedings.
whether the act is classified as a crime or whether
(1) Freedom of religion; there’s a criminal case against the person.
(2) Freedom of speech;
For example, if someone spreads false information
(3) Freedom to write for the press or to maintain a
that damages your reputation, you could file a civil
periodical publication;
case for damages independently, even if no crime is
(4) Freedom from arbitrary or illegal detention;
being charged against that person.
(5) Freedom of suffrage;
(6) The right against deprivation of property Article 34 - Police Liability (for failure to prevent
without due process of law; damage)
(7) The right to a just compensation when private
property is taken for public use; An independent civil action can also be filed against
(8) The right to the equal protection of the laws; city or municipal police officers if they violate a
(9) The right to be secure in one’s person, house, person's rights. This means that if police officers,
papers, and effects against unreasonable searches acting in their official capacity, infringe on
and seizures; someone’s rights—such as by unlawfully detaining a
(10) The liberty of abode and of changing the same; person, using excessive force, or violating privacy—
(11) The privacy of communication and then the victim can sue them directly for damages
correspondence; cd in a civil case, regardless of whether there is a
(12) The right to become a member of associations criminal case or disciplinary action against the
or societies for purposes not contrary to law; officers.
(13) The right to take part in a peaceable assembly Article 35 – Ordinary Civil Action
to petition the Government for redress of
grievances; It is a lawsuit brought to resolve a private dispute
(14) The right to be free from involuntary servitude between individuals or entities over rights,
in any form; obligations, or property. It’s not based on a criminal
(15) The right of the accused against excessive bail; act or wrongdoing but rather on issues like breach
of contract, property disputes, or negligence.
Article 36 - Involuntary Servitude (no one to be
forced into servitude)
It refers to a prejudicial question—a situation
where a civil matter needs to be resolved before a
related criminal case can proceed. This typically
happens when the outcome of the civil case directly
affects the criminal case.
A prejudicial question arises when:
1. There’s a close connection between a civil case
and a criminal case.
2. The resolution of the civil case is essential to
the criminal case.
For example, in a dispute over property ownership
where one party is accused of theft, the question of
who actually owns the property (a civil issue) must
be decided first. If the civil case determines the
accused owns the property, there may be no basis
for the criminal charge of theft.
This principle ensures fairness by allowing the civil
case to clarify facts critical to the criminal case.
