CIVIL CODE OF THE PHILIPPINES

Article 1. This Act shall be known as the “Civil (1) Sources of the Civil Code
Code of the Philippines.”
(a) The Civil Code of Spain Court)
(b) The Philippine Constitution of 1935 (f) Decisions of foreign tribunals
(c) Statutes or Laws (Philippine, American, (g) Customs and traditions of our people
European)
(h) General principles of law and equity
(d) Rules of Court (local and foreign)
(i) Ideas from the Code Commission itself
(e) Decisions of local tribunals (particularly the
Supreme
NOTE: The principal basis is the Civil Code of (2) Commentators and Annotators on the Civil
Spain, which became effective in the Philippines on Code of Spain Among the famous commentators
December 7, 1889. and annotators on the Civil Code of Spain were:
(a) Justice Jose Ma. Manresa y Navarro (e) Mario Navarro Amandi (Cuestionario del
(Comentarios al Codigo Civil
Codigo Civil Español — 12 volumes) Reformado)
(b) Felipe Sanchez Roman (Estudio de Derecho (f) Colin and Capitant (French authors), De Buen
Civil) (who wrote
(c) Quintus Mucius Scaevola (pen name of a group the Spanish notes). (Curso Elemental de Derecho
of commentators borrowed from the famous Roman Civil)
juris-consultant) (Codigo Civil Comentado)
(g) Enneccerus, Kipp, and Wolff (German authors
(d) Calixto Valverde (Tratado de Derecho Civil — Derecho Civil)
Español)
(h) Chief Justice Jose Castan Tobenas
(3) Brief History of Our Civil Laws (b) Prior to the Civil Code of Spain of 1889, our
civil law was found in the Recompilation de las
a) Prior to the present Civil Code, our civil law Leyes de las Indias with the following as
was premised principally on the old Civil Code (the supplemental laws to be applied in the following
Civil Code of Spain of 1889). order:

1) the latest Spanish laws enacted for the colonies 5) Leyes de Toro (Laws of Toro)
2) La Novisima Recopilacion 6) the Siete Partidas (promulgated thru the
Ordenamiento de Alcala of 1384)
3) La Nueva Recopilacion
(4) Sources of Philippine Civil Law
4) the Royal Ordinances of Castille
(a) The 1935 and the 1973 Philippine Constitutions, (c) Administrative or general orders insofar as they
are not contrary to the laws or the Constitution. (See
(b) Statutes, laws, presidential decrees, or executive Art. 7, par. 3, Civil Code).
orders which are applicable.
(d) Customs of the place, provided they are not
contrary to existing laws, public order, or public
policy. (Art. 11, Civil Code).
1
CIVIL CODE OF THE PHILIPPINES
(e) Judicial decisions (interpreting the law), as well (h) Principles of legal hermeneutics (statutory
as judicial customs absence of applicable statutes construction).
or customs). (Art. 11, Civil Code).
(i) Equity and the general principles of law
(f) Decisions of foreign courts. (juridical standards of conduct premised on morality
and right reasoning).
(g) Principles covering analogous cases. (Cerrano v.
Tan
Chuco, 38 Phil. 932).
(5) Books of the Civil Code

a) Book I — Persons (Note — Book I is called (c) Book III — Different Modes of Acquiring
“Persons’’ instead of “Persons and Family Ownership
Relations” because juridical
(d) Book IV — Obligations and Contracts:
persons such as corporations, which are likewise
referred Other Parts:

to in Book I, have NO families.) 1) Preliminary Title

(b) Book II — Property, Ownership, and its Modifi 2) Human Relations

cations 3) Transitional Provisions
4) Repealing Clause

Art. 2. Laws shall take effect after fifteen days

following the completion of their publication in
the Offi cial Gazette, unless it is otherwise
provided. This Code shall take effect one year
after such publication.

2
CIVIL CODE OF THE PHILIPPINES
(1) Scope of the Article on Effectivity of Laws 3. Ignorance of foreign law is not ignorance of
This Article provides for the effectivity of two the law, but ignorance of the fact because
kinds of law, namely: foreign laws must be alleged and proved as
(a) An ordinary law matters of fact, there being no judicial notice
(b) The Civil Code NOTE: When a country is of said foreign laws.
placed under martial law, the law-making authority 4. When we say “ignorance of the law,’’ we
is ordinarily vested in the Chief Executive or refer not only to the literal words of the law
President or Commander-in-Chief who usually itself, but also to the meaning or
issues: interpretation given to said law by our courts
(1) General Orders (which may sometimes be of justice.
similar to CODES) 5. While ignorance of the law is no excuse, i.e.,
(2) Presidential Decrees or Executive Orders no excuse for not complying with the law,
(which may be similar to STATUTES) ignorance of the fact eliminates criminal
(3) Letters of Instruction or Letters of intent as long as there is no negligence.
Implementation (which may be similar to 6. The Civil Code specifi cally provides that a
CIRCULARS) (4) Proclamations (which are mistake on a doubtful or diffi cult question
announcements of important things or events) of law may be the basis of good faith. (Art.
(4) Proclamations (which are announcements of 526). This does not mean, however, that one
important things or events) is excused because of such ignorance. He is
still liable, but his liability shall be
(2) Effectivity Date of an Ordinary Law An mitigated, i.e., while he will still be
ordinary law takes effect: considered as a debtor, he will be a debtor in
(a) On the date it is expressly provided to take good faith.
effect. (Art. 2, Civil Code).
(b) If no such date is made, then after 15 days Art. 4. Laws shall have no retroactive effect,
following the completion of its publication in the unless the contrary is provided. (3
Offi cial Gazette (Art. 2, Civil Code) or in a 1. In general, laws are prospective, not
newspaper of general circulation retroactive. While the judge looks
backward, the legislator must look
(3) When No Publication Is Needed forward. If the rule was that laws were
retroactive, grave injustice would occur,
“Upon approval’’ (i.e., by the President or by for these laws would punish individuals
Congress over the veto of the President), for violations of laws not yet enacted.
publication in the Offi cial Gazette is not necessary 2. Thus, a law is prospective at all times.
so long as it is not punitive in character Laws always take effect after they have
been enacted and published. A law may
(4) When Publication Is Needed only be retroactive if such retroactive
Unless otherwise provided, laws shall take effect effect is expressly provided for in the
after 15 days following the completion of the law.
publication in the Offi cial Gazette (Art. 2, Civil Art. 5. Acts executed against the provisions of
Code) or in a newspaper of general circulation. mandatory or prohibitory laws shall be void,
except when the law itself authorizes their
Art. 3. Ignorance of the law excuses no one from validity. (4
compliance therewith. (2) 1. Mandatory or Prohibitory Laws It should be
1. A familiar legal maxim is found in the Latin noted that Art. 5 refers to mandatory or
Ignorantia legis non excusat meaning prohibitory laws, as distinguished from
Ignorance of the law excuses no one. those which are merely permissive. While
2. Art. 3 applies to all kinds of domestic laws, one has to obey mandatory statutes,
whether civil or penal. otherwise his acts would generally be void,
3
CIVIL CODE OF THE PHILIPPINES
the violation of directory laws does not
result in invalid acts. Art. 7. Laws are repealed only by subsequent
 Kinds of mandatory legislation ones, and their violation or non-observance shall
a) Positive — when something must not be excused by disuse, or custom or practice
be done to the contrary. When the courts declare a law to
(b) Negative or prohibitory — be inconsistent with the Constitution, the former
when something should not be done shall be void and the latter shall govern.
Administrative or executive acts, orders and
Art. 6. Rights may be waived, unless the waiver regulations shall be valid only when they are not
is contrary to law, public order, public policy, contrary to the laws or the Constitution. (5a)
morals, or good customs, or prejudicial to a third
person with a right recognized by law. (4a) Sources of Law
(1) Rules for the Waiver of Rights General rule In general, the sources of law are given in this
— Rights may be waived Article, and in the order of preference, they are: the
Exceptions: Constitution, laws (or presidential decrees),
(a) When the waiver is contrary to law, public administrative or executive acts, orders, and
order, public policy, morals, or good customs. regulations.
(b) When the waiver is prejudicial to a third person
with a right recognized by law. (Art. 6, Civil Code). (3) How Laws Are Repealed Laws are repealed:
(Unless, of course, such waiver has been made with (a) Expressly (b) Or impliedly (insofar as
the consent of such third persons). there are inconsistencies between a prior and
[NOTE: Art. 6 deals with the waiver of rights, not a subsequent law
the waiver of obligations or duties. Waiver of Unconstitutional Laws, Treaties, Administrative
obligations or duties would be possible only if the or Executive Orders
person being possessed of certain rights, and (a) Rule under the 1935 Constitution
resultant obligations or duties waives the said rights; To declare a law or a treaty unconstitutional, eight
or if the law itself authorizes such waiver (e.g., if a Justices of the Supreme Court out of eleven must so
person who has a right renounce the same, in a declare. (Sec. 9, Judiciary Act of 1948). A simple
sense he is exempting himself from the obligations majority (six Justices out of eleven) would suffice
that may have ensued from the exercise of the to declare an executive or administrative order
right).]. unconstitutional. (Sec. 9, Judiciary Act of 1948).
This simple majority would likewise be sufficient to
(2) Definitions hold a municipal ordinance unconstitutional.
(a) Right — the power or privilege given to (b) Rule under the 1973 Constitution
one person and as a rule demandable of The Supreme Court shall be composed of a Chief
another Justice and fourteen Associate Justices. It may sit en
Rights may be: banc or in two divisions. (Sec. 2[3], Art. X). All
1) real rights (jus in re, jus in rem) — cases involving the constitutionality of a treaty,
enforceable against the whole world executive agreement, or law shall be heard and
(absolute rights); decided by the Supreme Court en banc, and no
2) personal rights (jus in personam, jus ad treaty, executive agreement or law may be declared
rem) — enforceable against a particular unconstitutional without the concurrence of at least
individual (relative rights). ten Members. All other cases, which under its rules
(b) Waiver — the intentional or voluntary are required to be heard en banc, shall be decided
relinquishment of a known right, or such conduct as with the concurrence of at least eight Members.
warrants an inference of the relinquishment of such (c) Rule under the 1987 Constitution
right. (Christenson v. Carleton, 69 Vt. 91). Thus, a The Supreme Court shall be composed of a Chief
waiver may be express or implied. (Black’s Law Justice and fourteen Associate Justices. It may sit en
Dictionary, pp. 1827-1828) banc or in its discretion, in divisions of three, fi ve,
4
CIVIL CODE OF THE PHILIPPINES
or seven members. Any vacancy shall be filled (b) Decisions of foreign and local courts on similar
within ninety days from the occurrence thereof. All cases.
cases involving the constitutionality of a treaty, (c) Opinions of highly qualified writers and professors.
international or executive agreement, or law, which (d) Rules of statutory construction.
(e) Principles laid down in analogous instances
shall be heard by the Supreme Court en banc, and
all other cases which under the Rules of Court are Art. 10. In case of doubt in the interpretation or
required to be heard en banc, including those application of laws, it is presumed that the
involving the constitutionality, application, or lawmaking body intended right and justice to prevail.
operation of presidential decrees, proclamations, (n)
orders, instructions, ordinances, and other
regulations shall be decided with the concurrence of (1) Dura Lex Sed Lex “The law may be harsh, but it
a majority of the members who actually took part in is still the law.” Hence, the fi rst duty of the
the deliberations on the issues in the case and voted judge is to apply the law — whether it be wise
thereon. or not, whether just or unjust — provided that
the law is clear, and there is no doubt. It is the
sworn duty of the judge to apply the law without
Supremacy of the Constitution
fear or favor, to follow its mandate, not to
According to the Code Commission, the last temper with it. What the law grants, the court
paragraph of Art. 7 (re administrative or executive cannot deny.
acts) “asserts the supremacy of law and the Art. 11. Customs which are contrary to law, public
Constitution over administrative or executive acts. order or public policy shall not be countenanced. (n
Though, this is an undisputed theory, it is wise to
formulate it as a clear-cut legal provision by way of A custom is a rule of human action (conduct) established
a constant reminder to not a few public officials. by repeated acts, and uniformly observed or practiced as
The disregard of this principle is one of the main a rule of society, thru the implicit approval of the
sources of abuse of power by administrative lawmakers, and which is therefore generally obligatory
officials.” and legally binding.

‘Law’ Distinguished from ‘Custom’ While ordinarily a

Art. 8. Judicial decisions applying or law is written, consciously made, and enacted by
interpreting the laws or the Constitution shall Congress, a custom is unwritten, spontaneous, and
form a part of the legal system of the Philippines. comes from society. Moreover, a law is superior to a
(n) custom as a source of right. While the courts take
cognizance of local laws, there can be no judicial notice
Art. 9. No judge or court shall decline to render of customs, even if local. (Art. 12, Civil Code).
judgment by reason of the silence, obscurity, or
insufficiency of the laws. (6 Art. 12. A custom must be proved as a fact, according
(1) Duty of a Judge if the Law is Silent to the rules of evidence. (n
A judge must give a decision, whether he knows what Art. 13. When the laws speak of years, months, days
law to apply or not. or nights, it shall be understood that years are of
(2) Old Codal Provision three hundred sixty-fi ve days each; months, of thirty
Under the old Civil Code, we had the provision that days; days, of twentyfour hours; and nights from
“when there is no law exactly applicable to the point in sunset to sunrise. If months are designated by their
controversy, the custom of the place shall be applied, name, they shall be computed by the number of days
and in default thereof, the general principles of law.” which they respectively have. In computing a period,
Apparently, the judge may apply any rule he desires as the fi rst day shall be excluded, and the last day
long as the rule chosen is in harmony with general included. (7a)
interest, order, morals, and public policy.
Among such rules may be the following: Art. 14. Penal laws and those of public security and
(a) Customs which are not contrary to law, public order, safety shall be obligatory upon all who live or sojourn
and public policy. (See Art. 11, Civil Code). in Philippine territory, subject to the principles of

5
CIVIL CODE OF THE PHILIPPINES
public international law and to treaty stipulations. However, intestate and testamentary successions,
(8a) both with respect to the order of succession and to
the amount of successional rights and to the intrinsic
(1) Theories of Territoriality and Generality validity of testamentary provisions, shall be regulated
We adhere in the Philippines to that doctrine in criminal by the national law of the person whose succession is
law known as the theory of territoriality, i.e., any offense under consideration, whatever may be the nature of
committed within our territory offends the state. the property and regardless of the country wherein
Therefore, any person, whether citizen or alien, can be said property may be found. (10a
punished for committing a crime here. Thus, the
technical term generality came into being it means that 1) Conflicts Rules on Property (Lex Rei Sitae)
even aliens, male or female come under our territorial Property, whether real or personal, is as a rule
jurisdiction. This is because aliens owe some sort of governed by the lex rei sitae (law of the place where
allegiance even if it be temporary. the property is situated). (Art. 16, par. 1)
It is inevitable that the rule should be thus for real
(2) Exceptions property, for after all, real property is attached to
a. Firstly, the principles of public the land, and a contrary rule may render a
international law judgment on the land ineffective or incapable of
Examples are the immunities granted to diplomatic
enforcement.
officials and visiting heads of states, immunity.
b. Secondly, the presence of treaty
Art. 17. The forms and solemnities of contracts, wills,
stipulations.
(Thus, we have the Philippine-United States Military and other public instruments shall be governed by the
Bases Agreement, dated Mar. 14, 1947 [43 O.G. No. 3, laws of the country in which they are executed. When
pp. 1020-1034], which contains some provisions the acts referred to are executed before the diplomatic
exempting certain members of the armed forces of the or consular offi cials of the Republic of the Philippines
United States from the jurisdiction of our courts.) in a foreign country, the solemnities established by the
Philippine laws shall be observed in their execution.
Prohibitive laws concerning persons, their acts or
Art. 15. Laws relating to family rights and duties or to property, and those which have for their object public
the status, condition and legal capacity of persons are order, public policy and good customs shall not be
binding upon citizens of the Philippines, even though rendered ineffective by laws or judgments
living abroad. (9a promulgated, or by determi-nations or conventions
agreed upon in a foreign country. (11a
(1) ‘Status’ Defined
a. The status of a person in civil law includes
personal qualities and relations, more or less
permanent in nature, and not ordinarily
terminable at his own will, such as his being
married or not, or his being legitimate or
illegitimate.
b. Status as the sum total of a person’s rights,
duties, and capacities.
(2) Scope of Art. 15 (Nationality Principle)
Art. 15 refers to:
(a) Family rights and duties (including parental
authority, marital authority, support);
(b) Status;
(c) Condition;
(d) Legal capacity. (But there are various
exceptions to this rule on legal capacity.)
Art. 16. Real property as well as personal property is
subject to the law of the country where it is situated.
6