THE CIVIL CODE OF THE PHILIPPINES It was explained in the case of Lara vs Del

PRELIMINARY TITLE Rosario. That when the copies of the CC

CHAPTER I - EFFECT AND APPLICATION OF were published July 1949 but it were
LAWS simply stored. Therefore the SC decided
to make us of the date of the circulation
and not the date of publication because
Article 1. This Act shall be known as the "Civil the purpose of publication is defeated
Code of the Philippines." (n) when copies of the CC were released.
Republic Act No. 386 Common Law
- An act to ordain and institute the civil - System of jurisprudence based on
code of the Philippines. judicial precedents rather than
Civil Law statutory laws or legislative
enactments. It does not consist of
- Branch of law which governs the absolute, fixed and inflexible rules but
relationship among members of rather of broad, comprehensive
society principles based on justice, reason
- The mass of precepts which and common sense.
determines and regulates those
relations of assistance, authority, and Civil Law Criminal Law Political
Law
obedience existing among members
Its It has It deals with
of the family as well as among jurisdiction jurisdiction the people
members of a society for the is not limited over persons and the
protection of private interests. to human or human government.
(Sanchez Roman) beings but beings
- It is not limited to human beings but also to those
also to things who do not have entities
authorized
physical attributes.
by law
Civil Code Claims for Imprisonment
damages, with fine
- It is a collection of laws which fines, moral
damages;
regulates the private relations of the
penalties are
members of civil society, determining monetary
their respective rights and obligations
with reference to persons, things, and
civil acts. (Tolentino) Laws

Note: - Rule of conduct, just and obligatory,

The Civil Code of the Philippines took promulgated by legitimate authority
effect on August 30, 1950. for the common observance and
July 19, 1949 – completion of publication benefit (Sanchez Roman)
August 30, 1949 – date of circulation - Is not limited to statutes but also to
August 30, 1950 – Date of Effectivity other presidential issuances.

Arranged by: Tisay

Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)
Art. 2. Laws shall take effect after fifteen days profession, trade, calling, race, or
following the completion of their publication in religious denomination.
the Official Gazette, unless it is otherwise
provided. This Code shall take effect one year “Laws shall take effect after fifteen days”
after such publication. (1a) GR: If the law has an effectivity clause, follow
GR: Publication is an indispensable requisite the effectivity clause.
for the effectivity of the laws EXC: if the law is silent, apply the 15-day
EXC: (M-I-L-I) period counted after the publication if there
is no effectivity clause.
a. The law is interpretative in nature
b. The law is internal in nature Purpose of Publication
c. Letters of instructions - To inform the public of such law.
d. Municipal Ordinances
Art. 3. Ignorance of the law excuses no one
Note: from compliance therewith. (2)
Publication is a condition sine qua non for its
effectivity. Presumption: Every person is presumed to
know the law, since the government has
GR: Publication shall take place in the already complied with the requirement of
following: publication.

a. Official Gazette (OG) GR: Ignorance of the law excuses no one from
b. Newspaper of General Circulation compliance therewith.

EXC: The case of Hagonoy Market Vendor EXC:

Association vs Municipality of Hagonoy
Bulacan a. Ignorance of fact may excuse a party
from the legal consequences of his
In the absence of a newspaper of local conduct. (Ignorance of a foreign law is
circulation in the municipality the officials a mistake of fact.)
posted the ordinance in 3 conspicuous places b. Mistake as to difficult questions which
which is in accordance with Sec. 188 of the is the same as mistake of fact.
Local Government Code.
Reason of Article 3, CC
Requisites before a newspaper are
considered a NGC? - If any person could successfully plead
ignorance of the law to escape the
a. It is published for the dissemination legal consequences of their act or to
of local news and general information. excuse non-performance of legal
b. It has bona fide subscription list of duties, there would be evasion of the
paying subscribers law and administration of justice will
c. It is published at regular intercvals be defeated.
d. It is not a newspaper devoted to the
interest or published for the
entertainment of a particular class,

Arranged by: Tisay

Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)
Doctrine of Processual Presumption morals, or good customs, or prejudicial to a
third person with a right recognized by
- If the foreign law is not properly law. (4a)
alleged and proved, the presumption
is that it is the same as our own law. GR: Rights may be waived.

Art. 4. Laws shall have no retroactive effect, EXC:

unless the contrary is provided. (3)
a. Unless the waiver is contrary to law,
Statutes are to be construed as having only public order, public policy, morals, or
prospective operation, unless it be given good customs.
retroactive effect. b. Waiver is prejudicial to a third
person.
GR: Laws are prospective.
Requisites of a valid waiver
EXC: When the law is given retroactive effect.
a. Vested right
1. Law expressly provides for its b. Voluntary relinquishment of right
retroactivity. But in no case shall an c. Existence of his right
ex post facto law be passed.
2. Law is curative in nature. Vested Right – is one whose existence,
3. Law is remedial in nature. effectivity and extent does not depend upon
4. Law is penal but favorable to the events foreign to the will of the holder.
accused
5. Laws creating new rights provided Waiver of obligations ad duties
that no vested rights are impaired GR: It is NOT possible to waive obligations
6. Emergency law – authorized by police and duties.
power of the Gov’t.
EXC:
Art. 5. Acts executed against the provisions of
mandatory or prohibitory laws shall be void, a. When authorized by law
except when the law itself authorizes their b. When authorized by the holder of the
validity. (4a) correlative right.

GR: Acts violating mandatory or prohibitory Art. 7. Laws are repealed only by subsequent
laws are void. ones, and their violation or non-observance
shall not be excused by disuse, or custom or
EXC: (A-V-V) practice to the contrary.
a. When law itself authorized their When the courts declared a law to be
validity. inconsistent with the Constitution, the former
b. When law makes the act only voidable shall be void and the latter shall govern.
and not void
c. When law makes the act valid but Administrative or executive acts, orders and
punishes the violator regulations shall be valid only when they are
not contrary to the laws or the
Art. 6. Rights may be waived, unless the waiver Constitution. (5a)
is contrary to law, public order, public policy,
Arranged by: Tisay
Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)
Express Repeal Obiter Dictum

- Repeal of repealing law will not revive - Opinions necessary to the

the old law determination of a case not binding
and cannot have the force of juridical
Implied Repeal precedents.
- The provisions of the subsequent law Art. 9. No judge or court shall decline to
are incompatible with those of the render judgment by reason of the silence,
previous law. obscurity or insufficiency of the laws. (6)
Art. 8. Judicial decisions applying or In cases where law is silent or is obscure
interpreting the laws or the Constitution shall or insufficient with respect to a particular
form a part of the legal system of the controversy
Philippines. (n)
- The judge shall apply the custom of
Doctrine of Stare Decisis the place
- It is when the SC has laid down a - In default thereof, the general
principle of law as applicable to a principles of law and justice
certain set of facts, the courts shall Art. 10. In case of doubt in the interpretation
adhere to that principle and apply it or application of laws, it is presumed that the
to all future cases where the facts are lawmaking body intended right and justice to
substantially the same. prevail. (n)
Note: When to apply Article 10
Such rule is NOT ABSOLUTE, the - Only in case of doubt
lower courts may not adhere to the
principles laid down by the Supreme Note!
Court if it will cause patent error or It is the duty of the judge to apply the law
injustice to the parties. following the legal maxim – Dura lex sed
lex
Horizontal Stare Decisis

- A division of the SC may or may not Art. 11. Customs which are contrary to law,
follow the decision of another public order or public policy shall not be
division. countenanced. (n)

Vertical Stare Decisis Art. 12. A custom must be proved as a fact,

according to the rules of evidence. (n)
- Courts have no option but to follow
the decision of another division. Customs

Ratio Decidendi - Are rules of conduct formed by

repetition of acts, uniformly observed
- It is the principle which the case as a social rule, legally binding and
established. It is the reason for the obligatory
decision.
Arranged by: Tisay
Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)
 Requisites of a custom: Exterritoriality

a. Repetition of acts - Territorial jurisdiction of one state

b. Uniformly observed forms an extension of the territory of
c. Legally binding and obligatory another state:
Example: Embassy
Art. 13. When the laws speak of years, months,
days or nights, it shall be understood that years Extraterritoriality
are of three hundred sixty-five days each;
months, of thirty days; days, of twenty-four - Exemption by virtue of treaty
hours; and nights from sunset to sunrise. stipulation.
Example: Ambassador
If months are designated by their name, they
shall be computed by the number of days which Art. 15. Laws relating to family rights and
they respectively have. duties, or to the status, condition and legal
capacity of persons are binding upon citizens
In computing a period, the first day shall be of the Philippines, even though living
excluded, and the last day included.(7a) abroad. (9a)

Computing Period Civil laws pertaining to family rights/ duties,

statues, conditions, legal capacity follow the
- First day excluded while the last day principle of nationality
is included.
Derivative Citizenship
If Last day falls on a Saturday, Sunday, or
Legal Holiday - An unmarried child whether
legitimate, illegitimate, or adopted,
a. In Ordinary Contracts – the below18 years of age of those re-
agreement of the parties prevails, acquire Philippine Citizenship upon
b. Under Rules of Court (ROC) – the time effectivity of this act shall be deemed
shall run until the next working day. citizens of the Philippines.
Art. 14. Penal laws and those of public security Art. 16. Real property as well as personal
and safety shall be obligatory upon all who live property is subject to the law of the country
or sojourn in the Philippine territory, subject to where it is stipulated.
the principles of public international law and
to treaty stipulations. (8a) However, intestate and testamentary
successions, both with respect to the order of
GR: Penal Laws follows the theory of succession and to the amount of successional
territoriality and generality regardless of rights and to the intrinsic validity of
nationality. testamentary provisions, shall be regulated by
EXC: the national law of the person whose
succession is under consideration, whatever
a. Principles of PIL on diplomatic may be the nature of the property and
immunity regardless of the country wherein said
b. Presence of treaty stipulations property may be found. (10a)

Arranged by: Tisay

Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)
Note: When the case involves property, apply Art. 17. The forms and solemnities of
the Lex Situs contracts, wills, and other public instruments
shall be governed by the laws of the country in
GR: Lex rei sitae (Law of the place where it is which they are executed.
situated)
When the acts referred to are executed before
EXC: Intestate and testamentary succession the diplomatic or consular officials of the
a. Order of succession Republic of the Philippines in a foreign country,
b. Amount of successional rights the solemnities established by Philippine laws
c. Intrinsic validity of will shall be observed in their execution.
d. Legal capacity to succeed Prohibitive laws concerning persons, their acts
Renvoi Doctrine or property, and those which have, for their
object, public order, public policy and good
- Also known as the transmission customs shall not be rendered ineffective by
theory laws or judgments promulgated, or by
- In the common parlance, it is determinations or conventions agreed upon in
referring back to the laws of another a foreign country. (11a)
country from another.
GR: Lex loci celebrationis (forms and
solemnities of contracts, ills and other public
instruments are governed by the laws of the
country in which they are executed.

Application of the GR:

1. Art. 815 – wills made by Filipinos

abroad may be in the form established
by such country.
EXC:
a. Joint wills executed abroad is not
Forum Non Conveniens
valid in the Philippines. (Art. 17,
- A doctrine whereby a court of law par. 2)
having full jurisdiction over a case b. Wills made by an alien abroad
brought in a proper venue or district maybe executed according to
declines to determine the case on its formalities prescribed by law
merit because justice would be better where he resides, his country or
served by the trial over the case in what civil code prescribes (Art.
another jurisdiction 816)
c. Wills made by an alien in the
Long-arm Statute Philippines executed in
accordance with law of his
- Refers to authorized substituted
country or law allowed by his
service.
country.

Arranged by: Tisay

Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)
 2. Art. 26, Fam. Code – marriages Art. 18. In matters which are governed by the
contracted by Filipinos abroad in Code of Commerce and special laws, their
accordance with laws in force in the deficiency shall be supplied by the provisions of
said country. this Code. (16a)
EXC:
a. Age
b. Bigamous marriage CHAPTER II - HUMAN RELATIONS
c. Mistake of identity
Art. 19. Every person must, in the exercise of
d. Void under Art. 53
his rights and in the performance of his duties,
e. Psychological Incapacity
act with justice, give everyone his due, and
f. Incestuous marriage
observe honesty and good faith.
g. Void for reasons of public policy
Principle of Abuse of Rights
Art. 15 Art. 16 Art. 17
Lex Lex Rae Sitae Lex Loci - When the right is exercised for the
Nationalis Celebrationis purpose of prejudicing or injuring
Basis: another.
Citizenship Law of the Law of the
place where place where Requisites of Abuse of Rights
the property the contract
is situated. was a. There is legal rights or duty
executed. b. Which is exercised in bad faith
Coverage:
c. For the sole intent of prejudicing or
Real and Family rights, Only forms
personal and duties, and injuring another
property status, solemnities
condition, GR: Breach of promise to marry is not
and legal actionable
capacity
Exception: EXC: Breach of promise to marry + some acts
Capacity to Article 26, Article 26 (2) or event = Civil action for damages
succeed; paragraph 2 of Family
Intrinsic of the Family Code Doctrine of Volenti Non Fit Injuria
validity of the Code (marriage
will; involving - Self-inflicted injuries or to the consent
Amount of Filipinos to injury
successional solemnized - which precludes the recovery of
rights; abroad, when damages by one who has knowingly
Order of such are void and voluntarily exposed himself to
succession in the danger, even if he is not negligent in
Philippines);
doing so.
Intrinsic
validity of
Damnum Absque Injuria
contracts
- damage without injury
- damage resulting from the legitimate
exercise of a person’s rights is a loss
without injury.

Arranged by: Tisay

Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)
 Reason of Damnun Absque Injuria c. Enrichment of defendant without just
or legal ground
- as long as a person is exercising his d. Plaintiff has no other action based on
right provided under Art. 19, he contract, quasi-contract, delict or
cannot be held liable, but if he acted quasi-delict
with abuse of rights, he can now be
held liable. Principle of Unjust Enrichment

Art. 20. Every person who, contrary to law, - One benefited thru an act or event
willfully or negligently causes damage to causing damage to another
another, shall indemnify the latter for the
same. Note:
It is a quasi contract – see Art. 719, CC
Art. 21. Any person who willfully causes loss or Art. 719. Whoever finds a movable, which
injury to another in a manner that is contrary is not treasure, must return it to its
to morals, good customs or public policy shall previous possessor. If the latter is
compensate the latter for the damage. unknown, the finder shall immediately
deposit it with the mayor of the city or
Acts Contra Bonus Mores municipality where the finding has taken
- Presupposes loss or injury, material place.
or otherwise, which one may differ as The finding shall be publicly announced
a result of such violation. by the mayor for two consecutive weeks
Elements of Acts Contra Bonus Mores in the way he deems best.

a. There is an act which is legal If the movable cannot be kept without

b. But which is contrary to morals , good deterioration, or without expenses which
customs, public order, and public considerably diminish its value, it shall be
policy sold at public auction eight days after the
c. It is done with intent to injure. publication.

Art. 22. Every person who through an act of Six months from the publication having
performance by another, or any other means, elapsed without the owner having
acquires or comes into possession of something appeared, the thing found, or its value,
at the expense of the latter without just or shall be awarded to the finder. The finder
legal ground, shall return the same to him. and the owner shall be obliged, as the
case may be, to reimburse the expenses.
Accion in Rem Verso
Art. 23. Even when an act or event causing
- Action for recovery of what has been damage to another's property was not due to
paid without just cause. the fault or negligence of the defendant, the
- Action for unjust enrichment latter shall be liable for indemnity if through
the act or event he was benefited.
Requisites:

a. Defendant has been enriched

b. Plaintiff suffered a loss

Arranged by: Tisay

Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)
Solutio Indebiti Requisites of Thoughtless Extravagance

- Something is received when there is a. There must be an acute public want

no right to demand it, and it was or emergency
unduly delivered through mistake, the b. The person seeking to stop it just be a
obligation to return arises. government or private charitable
institutions.
Negotiorum Gestio
Art. 26. Every person shall respect the dignity,
- Anyone who voluntarily take charge personality, privacy and peace of mind of his
of the agency or management of the neighbors and other persons. The following
business of property of another and similar acts, though they may not
without knowledge of the latter shall constitute a criminal offense, shall produce a
continue doing the same until the cause of action for damages, prevention and
termination of the neglect or other relief:
abandonment of said property.
(1) Prying into the privacy of another's
Note: residence:
Kinds of Quasi-Contract: (2) Meddling with or disturbing the private life
- Negotiorum Gestio or family relations of another;
- Unjust enrichment (3) Intriguing to cause another to be alienated
Whoever is benefited shall indemnify the from his friends;
one who is not benefited. (4) Vexing or humiliating another on account
Art. 24. In all contractual, property or other of his religious beliefs, lowly station in life,
relations, when one of the parties is at a place of birth, physical defect, or other
disadvantage on account of his moral personal condition.
dependence, ignorance, indigence, mental Protection of Human Dignity
weakness, tender age or other handicap, the
courts must be vigilant for his protection. - Every person shall respect the dignity,
personality, privacy and peace of
Doctrine of Parens Patriae mind of his neighbors and other
- Sovereign power of the state in persons.
safeguarding persons under disability. Art. 27. Any person suffering material or moral
Art. 25. Thoughtless extravagance in expenses loss because a public servant or employee
for pleasure or display during a period of acute refuses or neglects, without just cause, to
public want or emergency may be stopped by perform his official duty may file an action for
order of the courts at the instance of any damages and other relief against the latter,
government or private charitable institution. without prejudice to any disciplinary
administrative action that may be taken.

Arranged by: Tisay

Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)
Relief against Public Officials Reason for the Rule in Article 29

- A public officer who commits a tort or - Provides that the acquittal of the
other wrongful act, done in excess or accused on the ground that his guilt
beyond the scope of his duty, is not has not been proved beyond
protected by his office and is reasonable doubt does not
personally liable therefore like any necessarily exempt him from civil
private individuals. liability for the same act or omission.

Art. 28. Unfair competition in agricultural, Art. 30. When a separate civil action is brought
commercial or industrial enterprises or in to demand civil liability arising from a criminal
labor through the use of force, intimidation, offense, and no criminal proceedings are
deceit, machination or any other unjust, instituted during the pendency of the civil case,
oppressive or highhanded method shall give a preponderance of evidence shall likewise be
rise to a right of action by the person who sufficient to prove the act complained of.
thereby suffers damage.
Independent Civil Action (ICA)
Unfair Competition
- One brought distinctly and separately
- Is the employment of deception or from the criminal case.
any other means contrary to good
faith by which he shall pass off goods Art. 31. When the civil action is based on an
manufactured by him or in which he obligation not arising from the act or omission
deals, or his business, or services for complained of as a felony, such civil action may
those of the one having established proceed independently of the criminal
such goodwill, or who shall commit proceedings and regardless of the result of the
any acts calculated to produce said latter.
result. ICA based on an obligation NOT arising from
Art. 29. When the accused in a criminal felony
prosecution is acquitted on the ground that his Art. 32. Any public officer or employee, or any
guilt has not been proved beyond reasonable private individual, who directly or indirectly
doubt, a civil action for damages for the same obstructs, defeats, violates or in any manner
act or omission may be instituted. Such action impedes or impairs any of the following rights
requires only a preponderance of and liberties of another person shall be liable
evidence. Upon motion of the defendant, the to the latter for damages:
court may require the plaintiff to file a bond to
answer for damages in case the complaint (1) Freedom of religion;
should be found to be malicious.
(2) Freedom of speech;
If in a criminal case the judgment of acquittal
is based upon reasonable doubt, the court shall (3) Freedom to write for the press or to
so declare. In the absence of any declaration to maintain a periodical publication;
that effect, it may be inferred from the text of (4) Freedom from arbitrary or illegal
the decision whether or not the acquittal is due detention;
to that ground.

Arranged by: Tisay

Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)
(5) Freedom of suffrage; confession, except when the person confessing
becomes a State witness;
(6) The right against deprivation of property
without due process of law; (18) Freedom from excessive fines, or cruel
and unusual punishment, unless the same is
(7) The right to a just compensation when imposed or inflicted in accordance with a
private property is taken for public use; statute which has not been judicially declared
(8) The right to the equal protection of the unconstitutional; and
laws; (19) Freedom of access to the courts.
(9) The right to be secure in one's person, In any of the cases referred to in this article,
house, papers, and effects against whether or not the defendant's act or omission
unreasonable searches and seizures; constitutes a criminal offense, the aggrieved
(10) The liberty of abode and of changing the party has a right to commence an entirely
same; separate and distinct civil action for damages,
and for other relief. Such civil action shall
(11) The privacy of communication and proceed independently of any criminal
correspondence; prosecution (if the latter be instituted), and
mat be proved by a preponderance of evidence.
(12) The right to become a member of
associations or societies for purposes not The indemnity shall include moral damages.
contrary to law; Exemplary damages may also be adjudicated.

(13) The right to take part in a peaceable The responsibility herein set forth is not
assembly to petition the government for demandable from a judge unless his act or
redress of grievances; omission constitutes a violation of the Penal
Code or other penal statute.
(14) The right to be free from involuntary
servitude in any form; ICA based on violation of civil liberties

(15) The right of the accused against excessive Civil Actions

bail;
- When accused is acquitted in a
(16) The right of the accused to be heard by criminal case because his guilt was
himself and counsel, to be informed of the not proven beyond reasonable doubt:
nature and cause of the accusation against plaintiff may still file a civil action for
him, to have a speedy and public trial, to meet damages for the same act or omission.
the witnesses face to face, and to have
compulsory process to secure the attendance of Art. 33. In cases of defamation, fraud, and
witness in his behalf; physical injuries a civil action for damages,
entirely separate and distinct from the
(17) Freedom from being compelled to be a criminal action, may be brought by the injured
witness against one's self, or from being forced party. Such civil action shall proceed
to confess guilt, or from being induced by a independently of the criminal prosecution, and
promise of immunity or reward to make such shall require only a preponderance of evidence.

Arranged by: Tisay

Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)
ICA based on defamation, fraud, and physical (A) Article 100, RPC, Person criminally
injuries liable is also civilly liable

Art. 34. When a member of a city or municipal GR: Extinction of penal action does
police force refuses or fails to render aid or not carry extinction of civil action.
protection to any person in case of danger to
life or property, such peace officer shall be Reason: Quantum of Evidence in civil
primarily liable for damages, and the city or case is not equal or the same in a
municipality shall be subsidiarily responsible criminal case
therefor. The civil action herein recognized
shall be independent of any criminal EXC: If acquittal is based on a finding
proceedings, and a preponderance of evidence that the accused did not commit the
shall suffice to support such action. criminal acts imputed to him. (As
ICA is based on a police who refuses/ fails to discussed in Western vs Salas)
render aid or protection to any person in case
of danger to life or property. Note!
In Western vs Salas, the acquittal is on
Art. 35. When a person, claiming to be injured a finding that the defendant did not
by a criminal offense, charges another with the commit the crime complained of, a
same, for which no independent civil action is civil action “ex-delicto” cannot
granted in this Code or any special law, but the prosper. Acquittal in a criminal action
justice of the peace finds no reasonable bars the civil action arising therefrom
grounds to believe that a crime has been where the judgment of acquittal holds
committed, or the prosecuting attorney refuses that the accused did not commit the
or fails to institute criminal proceedings, the criminal acts imputed to him.
complaint may bring a civil action for damages
against the alleged offender. Such civil action (B) Effect of Death of the Accused to the
may be supported by a preponderance of Civil Liability
evidence. Upon the defendant's motion, the - Death of the defendant during the
court may require the plaintiff to file a bond to appeal or before the judgment of
indemnify the defendant in case the complaint conviction by the lower court
should be found to be malicious. becomes final and executor
extinguished his criminal liability but
If during the pendency of the civil action, an his civil liability remains. (People vs
information should be presented by the Sendaydiego)
prosecuting attorney, the civil action shall be (C) Section 1, Rule 111 of Rules of
suspended until the termination of the criminal Court
proceedings. - If a person files a criminal case, the
Reservation of Civil Action should be made civil cases that arise from the criminal
before the prosecution presents evidence offense is deemed to be instituted.

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
Arranged by: Tisay
Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)
promulgate and which shall not be in conflict Art. 31 **Without Reservation
with the provisions of this Code. 32
33 **Rationale:
34 Civil cases are independent
Prejudicial Question 2180 from criminal cases.

- One which must be decided first

before a criminal action may be
instituted or may proceed because a Sources of Obligation
decision therein is vital to the a. Law
judgment in the criminal case. b. Contracts
c. Quasi-contracts
Elements of a Prejudicial Question: d. Delcits
e. Quasi-delicts
a. Civil action involves an issue similar
or intimately related to the issue Question:
raised in the criminal action Can a person file an independent Civil
b. Resolution of such issue determines Action without reservation?
whether or not the criminal action Yes, a person may institute an
may proceed. independent case without reservation.
c. Jurisdiction to try said issue must be Applying Article 1157 of the Civil
lodged in another tribunal Code with Article 100 of the Revised Penal
d. Civil action must be filed first before Code and Rule 111, Sec. 1 of Rules of Court. It
the criminal action. provides in Article 1157 that obligations may
NOTES: arise from (1) Law; (2) Contracts; (3) Quasi-
Contracts; (4) Delicts; and (5) Quasi-Delicts.
The degree of evidence need to establish Article 100 of the Revised Penal Code which
in a CRIMINAL ACTION is “proof beyond provides that every person criminally liable
reasonable doubt” while in a CIVIL for a felony is also civilly liable. Rule 111, Sec.
ACTION, “preponderance of evidence” 1 of Rules of Court also provides that if a
person files a criminal case, the civil cases
Notes from Discussion that arise from the criminal offense is deemed
to be instituted.
Art. 29 **With Reservation
Considering the abovementioned
30
provisions, a person may file an independent
35 **Relate to Art. 100 of the
civil action without reservation if the source if
RPC and Sec. 111 of the
action is from law, contract, quasi-contract,
Rules of Court
and quasi-delict except civil liability arising
from a delict.
**Rationale:
A person criminally liable
is also civilly liable. Such
may arise from tort.

Arranged by: Tisay

Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)
 BOOK I – PERSONS Judicial Capacity Capacity to Act (CA)
TITLE I – CIVIL PERSONALITY (JC)
CHAPTER I: General Provisions Aptitude of the Aptitutde for the
subject for the mere exercise of such rghts
holdings or and to consummate
Art. 37. Juridical Capacity, which is the fitness enjoyment of rights juridical acts
to be the subject of legal relations, is inherent As defined by the
Civil Code: The power to do acts
in every natural person and is lost only
The fitness to be the with legal effects.
through death. Capacity to act, which is the subject of legal
power to do acts with legal effects, is acquired relations
and may be lost. As per the condition
of subject: Dynamic subject
Juridical Capacity (JC) Static subject Dynamic – always
Static – showing active or changing
- Fitness to be the subject of legal little or no change, (Mirriam Webster)
relations action or progress
- Inherent in every NATURAL person (Mirriam Webster)
- Lost ONLY through DEATH Aptitude to be the The power to give life
subject of rights and to juridical acts, to
Capacity to Act (CA) obligations, the execute acts with legal
abstract possibility effects.
- The power to do acts with legal effects of receiving legal
- It is acquired and MAY be lost effects.
One, indivisible, Does not exist in all
Persons irreducible, and men nor doesn’t exist
essentially the same to the same extent.
- Any being susceptible of rights and always and for all
obligations or being the subject of men
legal relations. It is enough that the
Intelligence and
person exist volition is required
Kinds of Persons Inherent Merely acquired
Lost only through May b lost through
1. Natural Persons death other means and
- Also known as “physical persons” circumstances
- They are human beings Cannot be limited or Can be limited or
restricted restricted by certain
2. Judicial Persons
circumstances
- Also known as “artificial persons”
- An entity authorized by law with
duties and rights recognized as legal Note: BOTH JC and CA constitutes FULL civil
authority and having distinct identity. capacity

Personality Note:

- Is the aptitude to be the subject, active When Juridical Personality does commence?
or passive, of juridical relations
- Juridical Personality commences
when the SEC certifies it.

Arranged by: Tisay

Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)
Art. 38. Minority, insanity or imbecility, the Incapacity – is the restriction of a person’s
state of being a deaf-mute, prodigality and civil capacity to act.
interdiction are mere restrictions on capacity
to act, and do not exempt the incapacitated Restrictions on Capacity to Act
person from certain obligations, as when the (M-I-I-D-P-I)

NATURAL INCAPACITY
latter arise from his acts or from property
relations, such as easements. (32a) 1. Minority (Due to lack of development)
2. Insanity or Imbecility (Due to
Art. 39. The following circumstances, among disease)
others, modify or limit capacity to act: age, 3. State of deaf-mute (Due to a disease)

CIVIL INCAPACITY
insanity, imbecility, the state of being a deaf- 4. Prodigality (Due to a crime)
mute, penalty, prodigality, family relations, 5. Civil Interdiction (Due to public
alienage, absence, insolvency and trusteeship. policy)
The consequences of these circumstances are
governed in this Code, other codes, the Rules of 1. Minority
Court, and in special laws. Capacity to act is - The state of a person who is under the
not limited on account of religious belief or age of legal majority.
political opinion.
Minor
A married woman, twenty-one years of age or - is a person below 18 years of age
over, is qualified for all acts of civil life, except since majority commences upon
in cases specified by law. (n) attaining the age of 18.
Note: - He may not enter into a contract as a
Article 38 – enumerates the RESTRICITONS on general rule.
one’s capacity to act .
Article 39 – enumerate the CIRCUMSTANCES 2. Insanity or Imbecility
WHICH MODIFY one’s capacity to act. An IMBECILE is a person who while in
age has the mental capacity
comparable to that of a child between
Incapacities to Act Special
Disqualifications 2 to 7 years of age.
Limitations or Restrictions on An INSANE is a person whose mental
restrictions on capacity to act. facilities are diseased.
capacity to act
Based on subjective Based on reasons of Note: An insane person is not exempt
circumstances of morality from liability if not proven
certain persons
which compel the
law to withhold or 3. Deaf – mutism
suspend for a Generally a deaf-mute may not give
certain juridical his consent to a contract nor be a
acts witness; however, he may if he knows
Restricts the Restrict the enjoyment how to read or write may validly
excersice of the of the right itself. enter into a contract.
exercise of the
rights

Arranged by: Tisay

Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)
 4. Prodigality The foetus is considered born if it is alive at
A PRODIGAL is a person incapable of the time it is completely delivered from the
managing their affairs and of the mother’s womb.
obligations which is attached to him Note:
as a consequence of his bad conduct. Complete Delivery means the cutting of the
umbilical cord so that if after the cutting of
5. Civil Interdiction the umbilical cord the child is ALIVE, even
It is an accessory penalty imposed only for a few hours, is considered as a
upon an accused who is sentenced to PERSON.
a principal penalty not lower than This rule applies ONLY if the foetus had an
reclusion temporal. intra-uterine of at least seven months.
If the foetus had an intra-uterine life of less
Its effect includes: than seven months, it is not deemed born if it
(1) Deprivation of rights of parental dies within twenty-four hours after its
authority or guardianship complete delivery from the maternal womb.
(2) Deprivation of marital authority
(3) Deprivation of the right to manage GR: For civil purposes, the foetus is
his property considered born if it is alive at the time it is
(4) Deprivation of the right to dispose completely delivered from the mother’s
of his property by an act or any womb.
conveyance inter vivos. EXC: If the foetus had an intrauterine life of
less than 7 months, it is NOT deemed born if
CHAPTER II: Natural Persons it dies within 24 hours after its complete
Art. 40. Birth determines personality; but the delivery from the maternal womb.
conceived child shall be considered born for all
purposes that are favorable to it, provided it be Illustration:
born later with the conditions specified in the When Jamica was on her eighth month of
following article. (29a) pregnancy, she accidentally fell off the
stairs causing her to have a premature
Art. 41. For civil purposes, the fetus is delivery of her child whose name would be
considered born if it is alive at the time it is Jericho. The baby was born alive but thirty
completely delivered from the mother's womb. minutes later, died.
However, if the fetus had an intra-uterine life Question: Can the baby be considered a
of less than seven months, it is not deemed natural person?
born if it dies within twenty-four hours after its Answer: Yes. The baby can be considered a
complete delivery from the maternal natural person. Under the law, conceived
womb. (30a) child is deemed to have possessed provisional
personality if a testate or donation is made in
What Determines Personality his/her favour. It is also clear that the CC
GR: Birth determines personality provides that a child that is born, alive, ageing
EXM: A conceived child should be considered seven months or more has already acquired
born for all purposes favourable to it. conclusive personality. In fact, it is said that if
the baby was born alive although died later
When a Person Deemed “BORN” on, as long as it cried during its delivery – it

Arranged by: Tisay

Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)
has possessed personality. It does not need to Application of Rule on Survivorship under
live 24 hour for him to acquire conclusive the ROC
personality unlike intra-uterine babies or
babies born less than seven months which If the question of survivorship involves
need to live for at least 24 hours in order to persons who are not called upon to succeed
acquire personality. each other, it is the rule on survivorship
under the ROC that shall govern and not Art.
Note: 43.
Acknowledgement = Presumptive Personality Note:

Art. 42. Civil personality is extinguished by When two persons perish in the same
death. calamity, such as wreck and it is not shown
who died first, the survivorship is determined
The effect of death upon the rights and from the probabilities resulting from the
obligations of the deceased is determined by strength and age of sexes.
law, by contract and by will. (32a)
RULE 131, ROC – gives the presumption as to
GR: Civil personality of a natural person is who died ahead of whom.
extinguished by death.
CHAPTER III – Juridical Persons
EXM: the personality of a person may be
extended even beyond his death and in this Art. 44. The following are juridical persons:
case his estate is considered of his
personality. (1) The State and its political subdivisions;

Note: In this jurisdiction, the estate of a (2) Other corporations, institutions and
deceased person is also considered a having entities for public interest or purpose, created
legal personality independent of their heirs. by law; their personality begins as soon as they
have been constituted according to law;
Art. 43. If there is a doubt, as between two or
more persons who are called to succeed each (3) Corporations, partnerships and
other, as to which of them died first, whoever associations for private interest or purpose to
alleges the death of one prior to the other, shall which the law grants a juridical personality,
prove the same; in the absence of proof, it is separate and distinct from that of each
presumed that they died at the same time and shareholder, partner or member. (35a)
there shall be no transmission of rights from Art. 45. Juridical persons mentioned in Nos. 1
one to the other. (33)
and 2 of the preceding article are governed by
Article 43 applies ONLY when the question of the laws creating or recognizing them.
survivorship involves persons “who are Private corporations are regulated by laws of
called upon to succeed each other”. It is not
general application on the subject.
applicable when there is no question of
succession. Partnerships and associations for private
interest or purpose are governed by the
provisions of this Code concerning
partnerships. (36 and 37a)

Arranged by: Tisay

Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)
Art. 46. Juridical persons may acquire and Partnership
possess property of all kinds, as well as incur
obligations and bring civil or criminal actions, - is defined by law as one where two or
in conformity with the laws and regulations of more persons bind themselves to
their organization. (38a) contribute money, property, or
industry to a common fund, with the
Art. 47. Upon the dissolution of corporations, intention of dividing the profits
institutions and other entities for public among themselves.
interest or purpose mentioned in No. 2 of
Article 44, their property and other assets shall Note: A Sole Proprietorship is DOES
be disposed of in pursuance of law or the NOT possess a juridical personality
charter creating them. If nothing has been separate and distinct from the personality
specified on this point, the property and other of the owner of the enterprise.
assets shall be applied to similar purposes for Title II - CITIZENSHIP AND DOMICILE
the benefit of the region, province, city or
municipality which during the existence of the Art. 48. The following are citizens of the
institution derived the principal benefits from Philippines:
the same. (39a)
(1) Those who were citizens of the Philippines
Juridical Persons at the time of the adoption of the Constitution
of the Philippines;
- Are artificial beings to which the law
grants a personality distinct and (2) Those born in the Philippines of foreign
separate from each individual parents who, before the adoption of said
member composing it suspectible of Constitution, had been elected to public office
rights and obligations, or of being the in the Philippines;
subject of legal relations.
(3) Those whose fathers are citizens of the
Note: The personality begins from the Philippines;
moment the law recognizes them or
creates them unless the law provides (4) Those whose mothers are citizens of the
otherwise and such personality is Philippines and, upon reaching the age of
extinguished only in accordance with law. majority, elect Philippine citizenship;

Corporations (5) Those who are naturalized in accordance

with law. (n)
- is formed and organized under the
Corporation Code Art. 49. Naturalization and the loss and
- commences to have corporate reacquisition of citizenship of the Philippines
existence and juridical personality are governed by special laws. (n)
and is deemed incorporated from the
Art. 50. For the exercise of civil rights and the
date the SEC issues certificate of fulfillment of civil obligations, the domicile of
certificate of incorporation. natural persons is the place of their habitual
residence. (40a)

Arranged by: Tisay

Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)
Art. 51. When the law creating or recognizing citizenship without taking the oath of
them, or any other provision does not fix the allegiance.
domicile of juridical persons, the same shall be - If the child is not a minor, he must
understood to be the place where their legal then follow the naturalization act.
representation is established or where they
exercise their principal functions. (41a)
NOTE:
Domicile – there is an element of Dual Citizen Act – act of reacquisition
permanence, place where one intends to and retention of Philippine citizenship or
return. nationality.
Residence – temporary in character

RESIDENCE DOMICILE
Used to indicate a Denotes a FIXED
PLACE OF ABOVE, PERMANENT
whether permanent RESIDENCE, which
or temporary when absent, one has
the intention of
returning
There can be several There can only be
places of residence ONE place of domicile

Elements of Domicile

a. Physical presence in a fixed place

b. Intention to remain permanently

Kinds of Domicile (O-C-C)

1. Domicile of origin – received by a

person at birth
2. Domicile of choice – the place freely
chosen by a person sui juris.
3. Constructive domicile – assigned to a
child by law at the time of birth.

Note:

Derivative Citizenship

- If the parents reacquire PH

nationality for as long as the child is a
minor, whether legitimate or not, the
child is also deemed to acquire
Arranged by: Tisay
Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)