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Civil Code Prelim

This document outlines several provisions from the Civil Code of the Philippines relating to laws taking effect, rights and duties, succession, and family rights. Key points include: laws take effect 15 days after publication unless otherwise specified; ignorance of the law is no excuse; rights can be waived unless against public policy; judicial decisions help form the legal system; and in questions of child custody, the child's welfare is paramount.

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G-one Paisones
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30 views

Civil Code Prelim

This document outlines several provisions from the Civil Code of the Philippines relating to laws taking effect, rights and duties, succession, and family rights. Key points include: laws take effect 15 days after publication unless otherwise specified; ignorance of the law is no excuse; rights can be waived unless against public policy; judicial decisions help form the legal system; and in questions of child custody, the child's welfare is paramount.

Uploaded by

G-one Paisones
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Civil Code Prelim Operations

Codal Provisions
Art. 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.

Art. 3. Ignorance of the law excuses no one from compliance therewith.

Art. 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.

Art. 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 Laws are repealed only by subsequent ones, and their violation or non-observance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 or the Constitution. (5a)

Art. 8. Judicial decisions applying or interpreting the laws or the Constitution shall form a
part of the legal system of the Philippines.

Art. 13. When the laws speak of years, months, days or nights, it shall be understood that
years are of three hundred sixty-five days each; months, of thirty days; days, of
twentyfour hours; and nights from sunset to sunrise. If 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 the last day included.

Art. 15. Laws relating to family rights and duties or to the status, condition and legal
capacity of persons are binding upon citizens of the Philippines, even though living
abroad.

Art. 19. Every person must, in the exercise of his rights and in the performance of his
duties, act with justice, give everyone his due, and observe honesty and good faith.

Art. 42. Civil personality is extinguished by death. The effect of death upon the rights
and obligations of the deceased is determined by law, by contract and by will.
Art. 43. If there is a doubt, as between two or more persons who are called to succeed
each other, as to which of them died first, whoever alleges the death of one prior to the
other, shall prove the same; in the absence of proof, it is presumed that they died at the
same time and there shall be no transmission of rights from one to the other.

Art. 305. The duty and the right to make arrangements for the funeral of a relative shall
be in accordance with the order established for support, under Article 294 (now Article
199 of the Family Code). In case of descendants of the same degree, or of brothers and
sisters, the oldest shall be preferred. In case of ascendants, the paternal shall have a better
right.

Art. 306. Every funeral shall be in keeping with the social position of the deceased.

Art. 307. The funeral shall be in accordance with the expressed wishes of the deceased. In
the absence of such expression, his religious beliefs or affiliation shall determine the
funeral rites. In case of doubt, the form of the funeral shall be decided upon by the person
obliged to make arrangements for the same, after consulting the other members of the
family.

Art. 356. Every child:


(1) Is entitled to parental care;
(2) Shall receive at least elementary education;
(3) Shall be given moral and civic training by the parents or guardian;
(4) Has a right to live in an atmosphere conducive to his physical, moral and
intellectual development.

Art. 357. Every child shall:


(1) Obey and honor his parents or guardian;
(2) Respect his grandparents, old relatives, and persons holding substitute parental
authority;
(3) Exert his utmost for his education and training:
(4) Cooperate with the family in all matters that make for the good of the same.

Art. 358. Every parent and every person holding substitute parental authority shall see to
it that the rights of the child are respected and his duties complied with, and shall
particularly, by precept and example, imbue the child with highmindedness, love of
country, veneration for the national heroes, fidelity to democracy as a way of life, and
attachment to the ideal of permanent world peace.
Art. 363. In all questions on the care, custody, education and property of children, the
latter’s welfare shall be paramount. No mother shall be separated from her child under
seven years of age, unless the court finds compelling reasons for such measure.

Art. 364. Legitimate and legitimated children shall principally use the surname of the
father.

Art. 371. In case of annulment of marriage, and the wife is the guilty party, she shall
resume her maiden name and surname. If she is the innocent spouse, she may resume her
maiden name and surname. However, she may choose to continue employing her former
husband’s surname, unless:
(1) The court decrees otherwise, or
(2) She or the former husband is married again to another person.

Art. 390. After an absence of seven years, it being unknown whether or not the absentee
still lives, he shall be presumed dead for all purposes, except for those of succession.
The absentee shall not be presumed dead for the purpose of opening his succession till
after an absence of ten years. If he disappeared after the age of seventy-five years, an
absence of five years shall be sufficient in order that his succession may be opened.

Art. 391. The following shall be presumed dead for all purposes, including the division of
the estate among the heirs:
(1) A person on board a vessel lost during a sea voyage or an aeroplane which is missing,
who has not been heard of for four years since the loss of the vessel or aeroplane;
(2) A person in the armed forces who has taken part in war, and has been missing for four
years;
(3) A person who has been in danger of death under other circumstances and his
existence has not been known for four years.

Art. 392. If the absentee appears, or without appearing his existence is proved, he shall
recover his property in the condition in which it may be found, and the price of any
property that may have been alienated or the property acquired therewith; but he cannot
claim either fruits or rents.

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