article 1 31
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Article of The New Civil Code:
1. This Act shall be known as the new civil code of the Philippines.2. Laws shall take eect 15 das followin! the co"pletion of their p#blication in
the $%cial !a&ette or in news paper of !eneral circ#lation #nless otherwise
provided. This code shall take eect 1 ear after p#blication. A#!#st '()
1*5('. +!norance of the law) e,c#ses on one fro" co"pliance therewith-. Laws shall have no retroactive eect #nless contrar is provided.5. Acts e,c#ted a!ainst the provision of "andator or prohibitor laws shall be
void e,cept when the law itself a#thori&es its validit.. /i!hts "a be waived #nless it is contrar to p#blic polic) p#blic order)
"orals) !ood c#sto"s or pre0#dicial to a third person whos wri!hts is
reco!ni&ed b law.. Laws are repealed onl b s#bse3#ent ones and their violations and non
observance shall not be e,c#se b dis#se or c#sto"s or practice to the
contrar..4. #dicial decision applin! or interpretin! the law shall for" a part of the
Philipines le!al sste".*. No 0#d!e or co#rt shall decline to render 0#d!"ent b reason of silence)
obsc#rit or ins#%cienc of the law.1(.+n case of do#bt in the interpretation of the law) it is pres#"ed that the law
"akin! bod intended ri!ht and 0#stice to prevail.
11. C#sto"s which are contrar to the law) p#blic poli) p#bkic order shall not be
co#ntenanced.
12. C#sto"s "#st be proved as fact accordin! to the r#les of evidence.
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1-. Penal law and those of p#blic sec#rit and safet shall be obli!ator #pon all
who live or so0o#rn in Philippine territor s#b0ect to treat stip#lation and p#blic
international law.
15. Laws relatin! to fa"il ri!hts and d#ties) stat#s or condition and le!al
capacit of persons are bindin! #pon the citi&en of the Philippines even tho#!h
livin! abroad.
1. /eal propert as well as personal propert is s#b0ect to the law of the co#ntr
where it is stip#lated.
+ntestate or testa"entar s#ccession) both with respect to order of s#ccession
and a"o#t of s#ccessional ri!hts and intrinsic validit of testa"entar provison
shall be bo#nded #pon the national law of the person whose s#ccession is #der
consideration. /e!ardless of the nat#reof the propert or where the propert is
sit#ated.
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1. The for"s and sole"nities of contract) wills and p#blic instr#"ent shall be
!overn b law of the co#ntr in which the are e,ec#ted.
6hen the act refered are e,c#ted in diplo"atic and cons#lar o%cils of the
re7#blic of the Philippines. The sole"nities established b Philippine law) shall be
observed in their e,ec#tion.
Prohivitive laws shall not be rendered ineefective b the laws and 0#d!e"ent
pro"#l!ated in a forei!n co#ntr.
14. +n "atters which are !overned b the code of co""erce and special law)
their de8cienc shall be s#pplied b the provison of this code.
1*. 9verone person) "#st in e,ercise of his ri!hts and d#ties act with 0#stice)
!ive everone his d#e and observe honest and !ood faith
2() 9ver person wh) contrar to the law) wilf#ll or ne!li!entl ca#ses da"a!e
to another) shall inde"inif the latter for the sa"e.
21)An person) who wilf#ll ca#ses lose or inh0#r to another in a "anner that is
contra to "orals) !ood c#sto"s or p#blic polic shall co"pensate the latter for
the da"a!e.
22. 9ver person) who thro#!h an act of perfor"ance b another or an other
"eans) ac3#irin! or co"es to possession of so"ethin! at the e,pense of the
latter witho#t 0#st or le!al !ro#nd shall ret#rn the sa"e to hi".
2'. 9ven when an act or event ca#sin! da"a!e to anothers propert was not
d#e to the fa#lt or ne!li!ence of the defendant) the latter shall be liable for
inde"nit if tho#!h an act or event he was bene8ted.
2-. +n all contract#al) propert or other relations) when one of the parties is at
disadvanta!e on acco#nt of his "oral dependence) i!norance) indi!ence) "ental
weakness) tender a!e or other handicap) the co#rt "#st be vi!ilant for his
protection.
25. Tho#!htless e,trava!ance in e,penses for pleas#re or displa d#rin! a
period of ac#te p#blic want or e"er!enc "a be stopped b order of the co#rts
at the instance of an !overn"ent or private charitable instit#tion.
2. 9ver person shall respect the di!nit) personalit) privac and peace of
"ind of his nei!hbo#rs and other persons. The followin! and si"ilar acts) tho#!h
the "a not constit#te a cri"inal oense) shall prod#ce a ca#se of action forda"a!es) prevention and other relief.
Prin! into the privac of another residence
eddlin! with or dist#rbin! personal or fa"il realations of another
+ntri!#in! to ca#se another to be alienated fro" his friend.
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;e,in! or h#"iliatin! another on the acco#nt of his reli!io#s beliefs) lowl staion
in life) place of birt0) phsical defect or another personal condition.
2. An person) s#erin! "aterial or "oral loss beca#se a p#blic servant or
e"ploee ref#ses or ne!lects witho#t 0#st ca#se to perfor" his o%cial d#t "a
8le an action for da"!es and other relief a!ainst the latter) witho#t pre0#dice to
an disciplinar ad"inistrative action that "a be talken.
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