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Persons and Family Relations Law
Civil Code of the Philippines by Arturo M. Tolentino (Chapter Summary)
CHAPTER I: EFFECT AND APPLICATIONS OF LAWS
Article 1 This act shall be known as the“Civil Code of the Philippines.”
I. Civil Code defined
Civil Code – a collection of laws which regulate the private relations of the members of civil society,
determining their respective rights and obligations, with reference to persons, things, and civil acts.
II. Philippine Civil Code
For a long time, the civil code in force in the Philippines was the Civil Code of Spain 1889 by Royal
Decree of July 31, 1889 published in the Gaceta de Manila on November 17, 1889, and took effect on
December 7, 1889.
Purpose of Codifying a Philippine Civil Code
To make the laws conform “with the customs, traditions, and idiosyncracies of the Filipino people
and with the modern trends in legislation and the progressive principles of law.”
III. Sources of Civil Code
The following are the sources of the Present Civil Code
Civil Code of 1889 – embodied Ley de Bases, Common Law of Castilla, French C ivil Code.
Codes, laws, and juridical decisions, as well as the works of jurists of other countries
Doctrines laid down by the Supreme Court of the Philippines
Filipino Customs and Traditions
Philippine Statutes
Code Commission itself
IV. Incorporation of Customs
The customs which the Code Commission introduced into the New Civil Code are mostly infamily
relations and succession.
V. Arrangement of Code
The general arrangement of the New Civil Code is the same as that of the Civil Code of 1889 .
There are 4 Books:
Book I - Persons
Book II – Property, Ownership and Its modifications
Book III – Different Modes of Acquiring Ownership
Book IV – Obligations and Contracts
Some changes have been introduced:
Property relations of husband and wife from Book IV to Book I
Prescription from Book IV to Book III
New Subjects have been placed in the Book to which they correspond:
Human Relations in Preliminary Title
Care and Education of Children in Book I
Nuisance in Book II
Intellectual Creation in Book III
Natural Obligations, Trust, and Damages in Book IV
VI. New Rights Created
The New Code creates numerous new rights and causes of action. E.g.
Acts Contrary to Morals (Article 21)
Civil Action after Acquittal on Reasonable Doubt (Article 29)
Civil Action for Obstruction of Civil Liberty (Article 32)
Rights of Natural Children by Legal Fiction (Article 89)
Wife’s rights in case of maladministration of conjugal property by the husband (Article 167)
VII. Subjects Omitted
The New Code has omitted some subjects which were regulated in the O ld Code these are: Dowry
Censos
Use
Habitation
VIII. Arrangement Criticized
The general adherence of the new Civil Code to the arrangement of the old Code has been criticized
as unscientific.
The report of the special committee of the Philippine Bar Association assigned to study the new Code,
under the chairmanship of Justice Jose B.L. Reyes, had this to say:
The new Code’s faulty distribution resulted, inter alia, in placing the notion of the various vices
of consent (error, fraud, duress, undue influence) in Book IV on Contracts, as if they
were exclusively found in contracts, when they pervade the entire field of the Civil Law andshould therefore be dealt with in the general provisions.
IX. New Solutions Presented
The new Code contains many reforms in which the solutions given are different from or contrary to
those found in the Old Code.
X. Language of the Code
In its interpretation, English text shall prevail over any translation
The form is English; the substance is Spanish and Filipino.
Translated words should be understood, not in the light of the Anglo-American law but in that of the
Spanish-Philippine law as embodied in the New C ivil Code.
Article 2 Laws shall take effect after fifteen days following the completion of their publication in the
Official Gazette, unless it is otherwise provided. This Code shall take effect one year after
such publication.
.
I. Effectivity of the Code
The New Civil Code became effective on August 30, 1950
II. Effectivity of Laws
Where the statute provides that is shall be effective upon approval, no publications is necessary
before it becomes effective.
Article 3. Ignorance of the law excuses no one from compliance therewith
I. Presumption of Knowledge of Law
Once the law has been p romulgated and has taken effect, it is duty of everyone to know it.
Compliance therewith becomes unavoidable, and nobody can escape its effects by alleging, in good
faith or in bad faith, that h e does not know its provisions
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II. Reasons for Article
Logical Consequences of the Conclusive Presumption of Knowledge of the Law:
If laws will not be binding until they are actually known, then social life will be impossible,
because most laws cannot be enforced due to their being unknown to many.
It is absurd to absolve those who do not know the law and increase the obligations of those who
know it.
It is almost impossible to prove the contrary, when a person claims ignorance of the law.
In our conscience, we carry norms of right and wrong, and a sense of duty, so that our reason
indicates many times what we have to do; and in more complicated juridical relations, there are
lawyers who should be consulted.
III. What Laws Covered
The laws referred to by this article are those of the Philippines. There is no conclusive presumption
of knowledge of foreign laws.
IV. No Exceptions Admitted
No Exceptions are admitted, the rule is based on public interest and is designed precisely to avoid
abuse through allegation that the law has not come to the knowledge of a party.
V. Irrevocability of Acts
If by mistake or ignorance of law, a person does an act which prejudices himself, and the injury
cannot be remedied without impairing another’s rights, the mistake cannot be corrected to the
prejudice of the latter.
E.g. A School Teacher who resigned his position in the public school system upon marriage,
pursuant to a school regulation that marriage was equivalent to resignation, cannot rescind such
resignation upon learning that a law had already been passed prior to his marriage nullifying the
school regulation.
VI. Mistake of Fact
Ignorance of fact (ignorantia facti) may excuse a party from the legal consequences of his conduct;
but not ignorance of law, for ignorantia juris neminem excusat .
VII. Difficult Questions of Law
Mistake as to difficult legal questions has been given the same effect as a mistake of fact.
VIII. Mistakes of Lawyer
It has thus been held that a lawyer cannot be disbarred for an honest mistake or error of law.
Article 4. Laws shall have no retroactive effect, unless the contrary is provided.
I. Concept of Retroactive Law
A Retroactive Law is one intended to affect transactions which occurred, or rights which accrued,
before it became operative, and which ascribes to them effects not inherent in their nature, in view
of the law in force at the time of their occurrence.
II. Reasons for Article
This article is necessarily related to the rule in Article 3. Hence, a law that has no t yet become
effective cannot be considered as conclusively known by people.
III. Application of Article
All statutes are to be construed as having only a prospective operation, unless the purpose and
intention of the legislature to give them a retrospective effect is expressly declared or is necessarilyimplied from the language used. In every case of doubt, the doubt must be resolved against the
retrospective effect.
IV. Exceptions to Rule
Statutes can be given retroactive effect in the following cases:
Law itself so expressly provides
o The presumption of law is that a statute is intended to have only prospective application; the
intention to give a statute retroactive effect must be unequivocally expressed or necessarily
implied. In case of doubt, doubt must be resolved against retroactivity.
Remedial Statutes
o Remedial Statutes are those which refer to the method of enforcing rights or obtaining redress
of their invasion. It may have a retroactive effect, so long as it does not affect or change vestedrights.
Curative Statutes
o Curative Statutes are those which undertake to cure errors and irregularities by reason of some
statutory disability or the failure to comply with some technical requirement.
o They operate on conditions already existing, and are necessarily retroactive in application
Laws interpreting others
o Similar to curative statutes are those intended to clarify doubts or interpret an existing law.
Laws creating new rights
o If a right be declared for the first time by a new law it shall take effect from the time of such
declaration, even though it has arisen from acts subject to the former laws, provided that
it does not prejudice another acquired right of th e same origin.
V. Unconstitutional Provisions
There are two exceptions to retroactivity of statutes:
Ex Post Fact Laws
When the retroactive effect of the statute will constitute an impairment of the obligation of
contract
Article 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when
the law itself authorizes their validity.
I. Mandatory or Directory Laws
In determining the peculiarity between Mandatory and Directory Laws the prime object is to
ascertain the legislative intention.
Mandatory Laws are statutory provisions which relate to matters of substance, affect substantial
rights and are the very essence of the thing required to be done.
Violation of a Mandatory or Prohibitory Statute renders the act illegal and void.
Directory Laws are statutory provisions which are not material, do not affect any substantial right,
and do not relate to the essence of the thing to be done, so compliance is a matter of convenience
rather than substance.
Violations of a Directory, Permissive, or Suppletory Laws are not nullified by this article.
II. When Law Authorizes Validity
Manresa enumerates three cases which may fall under this exception:
Violation does not refer to an essential matter; the law considers the nullity maybe more
advantageous than validity.
Law may make the validity of the act depend u pon the consent of the part y directly interested in
the nullity of such act.
Law may declare the nullity of an act, but at the same time recognize its effects as legally existing.
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Article 6. Rights may be waived, unless the waiver is contrary to law, public order, public policy,morals, or
good customs, or prejudicial to a third person with a right recognized by law.
I. Elements of Right
Every right has three elements:
Subjects
o There are two kinds of subjects:
1. Active Subject – entitled to demand the enforcement of right
2. Passive Subject – duty-bound to suffer its enforcement
Rights of the Active Subject
1. Personal Rights – imposed upon certain determinate individuals only
2. Real Rights – all persons in general; indeterminate individuals
Object
Efficient Cause
The subjects of rights are persons; rights exist only in favor of persons.
II. Kinds of Rights
Rights may be classified into:
Political refers to the participation of persons in the government of the state
Civil includes all others.
o Civil Rights may be further classified into:
1. Rights of Personality – sometimes called Human Rights. They are intended to protect the
human personality in its existence, integrity, and development, in its physical, intellectual,
and moral aspects.
2. Family Rights – all the rights of a person as a member of a family
3. Patrimonial Rights – these have property for their object.
a. There are two Kinds:
i. Real Rights - ownership, mortgage
ii. Personal Rights – right to collect a debt
The rights of personality and family rights are inherent in man, regardless of property.
III. Renunciation of Waiver
Waiver – relinquishment of a known right with both knowledge of its existence and an intention to
relinquish it.
Right must exist at the time of the waiver; there must be actual or constructive knowledge of suchexistence.
Voluntary Choice is the essence of waiver.
IV. Express or Implied
A waiver may be express or implied.
Implied waiver, when from the acts or conduct of a party the intention to relinquish a right may be
reasonably inferred.
Waiver of a right may also be implied from a failure or neglect to assert the right at the proper time
V. Requirements of Waiver
Requisites of a Waiver:
Presence of a Right
Capacity to make the renunciation
Renunciation made clear and in an unequivocal manner
VI. Scope of Waiver
The doctrine of waiver is generally applicable to all rights and privileges to which a person is legally
entitled.
It is competent for a person to waive a right guaranteed by the Constitution, and to consent to
action which would be invalid if taken against his will.
VII. Obligations
Obligations cannot be renounced. But a person may exempt himself from an obligation which is
inherent in a right, upon the renunciation of such right.
VIII. Real Rights
According to Valverde, renunciation of a personal right requires consent of the debtor
While renunciation of a real right is unilateral and depends upon the exclusive will of the owner of
the right. Effects flow from such renunciation:
If right renounced is a real right distinct from ownership, the right is merged in the owner of the
property.
If there are various holders of a real right, such as co-ownership, renunciation by one of his rights
will proportionately increase the shares of the others.
If full ownership is renounced, the thing become res nullius and may be acquired by occupation.
IX. Prohibited Waiver
Laws cannot be renounced, although the rights arising therefrom may be renounced.
Public Interest is violated by a waiver of rights created by laws of general and mandatory character.
Privileges granted to some persons by reason of their incapacity, are likewise of public order.
There can be no waiver of rights if it will prejudice third persons. However, if no right is injured, even
if they suffer actual damage by the renunciation, the renunciation is valid.
Article 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 declare 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 of the Constitution.
I. Reason for Article
Since laws are promulgated by the competent authority of the Stat e, the can cease to have effect
only through the will of the State; the statute may lapse by its own terms, or it maybe repealed by
the legislative department, or declared unconstitutional by the judicial branch
II. Lapse of Laws
There are laws which, without any repeal, cease to have effect because they lapse by their own
terms.
Without express provision, the intent of the law may indicate that its effectivity shall be for a limited
period. E.g. Emergency Powers Act (Com. Act No. 689, as amended by Rep. Act No.66)
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III. Repeal of Laws
There are two kinds of repeal of a law:
Express or Declared Repeal
Implied or Tacit Repeal – In case a conflict accrued between an old and new law, so that
observance of one excludes the other, conflict must be resolved in favor of the later law.
o There are many laws enacted by the legislative body containing a final article providing that “all
previous laws inconsistent with the present law are hereby repealed.”
o Implied repeals are not to be favored, because they rest only on the p resumption that because
the old and new laws are incompatible with each other, there is an intention to repeal the o ld.
o If both laws can by reasonable construction stand together, both will be sustained.o Requisites for Implied Repeal:
Laws cover the same subject matter Latter is repugnant to the earlier
IV. Rule Applied
In all cases where two statutes co ver, in whole or in part, the same matter, but they are not
absolutely irreconcilable, the duty of the court – no purpose to repeal being clearly indicated or
expressed – is, if possible, to give effect to both.
V. General and Special laws
A General Law in conflict with the special act or provision, special must be taken as intended to
constitute an exception to the general act or provision.
A subsequent general statute will not be held to repeal a prior special one, unless there is a clear and
necessary conflict between the two.
VI. Effect of Codification
A general law does not tacitly repeal a special law, unless the intention of the legislature to make
repeal is clearly deduced from the object or the spirit of the later law.
Where a statute purports to cover the whole subject-matter, it supersedes former laws on the same
subject matter.
VII. Effect of Repeal of Law
The effect of a repealing act must generally be governed by the rules on retroactivity of laws.
Repeal of a Penal Law during the pendency of a criminal prosecution under it, has the effect of
depriving the court of jurisdiction with the case, which must be dismissed.
VIII. Repeal of Repealing Law
IX. Determination of Constitutionality
The criterion for determining the validity of statute must be sought in the Constitution itself.
Judicial power cannot be used to declare a statute void simply because it violates the spirit of ourinstitutions, or impairs any of those rights which it is the object of a free government to protect, or
because the court considers the statute to be wrong and unjust.
X. Executive Orders and Regulations
Regulations must be in harmony with provisions of the law, and for the sole purpose of carrying into
effect its general provisions.
Article 8. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the
legal system of the Philippines.
I. Decisions not Source of Law Jurisprudence, in our system of government, cannot be considered as an independent source of law;
it cannot create law.
II. Role of Jurisprudence
Courts can formulate and declare the law as applied concretely to the case before him.
Double Function of Courts:
Fill the deficiencies of legislation and provide a rule for the facts of a given case for which there is
neither positive provision of law nor established custom.
Adapt and adjust rigid and inflexible provisions of law.
III. Doctrine of Stare Decisis
The Doctrine of Stare Decisis enjoins adherence to juridical precedents.
It requires courts in a country to follow the rule established in a decision of the Supreme Court.
The Doctrine is flexible, courts may depart from it.
Stare Decisis is a principle of policy and not a mechanical formula. It does not mean blind adherence
to precedents.
Stare Decisis should not apply when there is conflict between the law and precedent.
Article 9. No judge or court shall decline to render judgment by reason of the silence, obscurity
or insufficiency of the laws.
I. Applicability of Article
This article does not apply to criminal prosecutions, because when there is no law punishing an act,
the case must be dismissed.
II. Duty of Court to Decide
Not knowing the rules applicable to a certain matter, and where to find the law relative to the case
are not reason for dismissing the case without deciding the issues.
III. Obscurity or Deficiency of Law
When Law is vague or obscure, the court should clarify it in the light of rules of statutor y
construction; it silent or insufficient, the court should fill the deficiency by resorting to customs or
general principles of law.
IV. Unjust Laws
Court cannot adopt a policy different from that of law.
Judge cannot refuse to apply a law just because he considers it unjust.
If the law is clear, it must be applied.
V. Rules Suppletory to Law
There is not express provision in the present code with respect to suppletory rules in case of
deficiency in the law.
In spite of this, suppletory rules must be considered existing.
Revive when expressedExpressed
Repealing Law (2)
Repealing LawPrior Law
ReviveImplied
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VI. Concept of Customs
Custom – juridical rule which results from a constant and continued uniform practice by members of
a social community, with respect to a particular state of facts, and observed with a conviction that
is juridically obligatory.
In order that custom may have the fo rce of suppletory rule, it must have the following requisites:
Plurality of Acts
Uniformity or Identity of Acts
General Practice by great mass of the social group
Continued performance of these acts for a long period of time General conviction that the practice corresponds to a juridical necessity or that it is obligatory
Practice must not be contrary to law, morals or public order.
VII. Custom distinguished from Law
CUSTOM LAW
ORIGIN Comes from society Comes from governmental
power of the state
FORM Tacit Expressed, manifested in solemn
and official form
Unwritten Law Written Law
Spontaneous Conscious Creation
VIII. What Custom Applied Domicile of the parties applies over the location of the court.
When parties have separate domicile, the custom of the place for the performance or
consummation of the juridical act shall apply.
IX. General Principles of Law
Valverde and Sanchez Roman “General principles are universal juridical standard dictated by correct
reason; or those principles of justice b eyond the variability and uncertainty of facts, those high
standards which serves as a foundation of positive law, those rules accepted by juri-consults which
constitute real axioms for all those who intervene in juridical life, and which form a law superior to
that which enacted.”
It is “the principles which serve as the basis for positive law in each country.” – Buron, DeDiego,
Castan de Buen
Limitation in the Application of the General Principles of Law :
It should not be in conflict with the general or particular provision of the law. Court should firstlook into the general principles underlying the positive law of the land; and when these have
exhausted, then it should proceed to apply the rules that it may deem most reasonable and just,
provided that they do not violate the fundamental concepts of the law, custom, or established
doctrines.
The General Principles of Law is admissible, when there is no law applicable to the point in
controversy, without showing a law or decision which sanctions it.
Article 10. In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking
body intended right and justice to prevail.
I. Applicability of Article
It is applied only in case of doubt, an d when all other rules of interpretation fail.
When law is clear, it must be applied even if it does not conform to his concept of right and justice.
Article 11. Customs which are contrary to law, public order or public policy shall not be compensated.
I. Application of Rule
No man or set of men can c reate custom for their benefit and give it force paramount to that of an
express law.
Article 12. A custom must be proved as a fact, according to the rules of evidence.
I. Non-existence of Custom When the alleged custom or usage is not known to those who, from business connections, have the
best means of knowing it, this ignorance is, in some sense, positive evidence of its non-existence.
Article 13. When the laws speak of years, months, days, or nights, it shall be understood that the years
are of three hundred sixty five days each; months, of thirty days; days, of twenty-four hours;
and nights from sunset to sunrise. I f months are designated by their name, they shall be
computed by the number of days which they respectively have .In computing a period, the first
day shall be excluded, and last day included.
I. Meaning of “Week”
It means a period of seven consecutive days without regard to the day of the week on whichit
begins.
II. Meaning of “Month”
Strictly in a legal sense, it is a period composed of thirty days.
III. Computation of Time
Present article of the Code does not contain the exception referring to Sundays and legal holidays.
When the act and the period are contractual, the exception referring to Sunday an holidays does not
apply, act must be done on the last day, even if the latter should be Sunday or a holiday.
IV. Date Specified
There is no necessity for computation when the date is fixed; that is, when the act is to take place at
a specified future date.