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
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. (1a)
GR: Publication is an indispensable requisite
for the effectivity of the laws
EXC: (M-I-L-I)
a. The law is interpretative in nature
b. The law is internal in nature
c. Letters of instructions
d. Municipal Ordinances
Note:
Publication is a condition sine qua non for its
effectivity.
GR: Publication shall take place in the
following:
a. Official Gazette (OG)
b. Newspaper of General Circulation
EXC: The case of Hagonoy Market Vendor
Association vs Municipality of Hagonoy
Bulacan
In the absence of a newspaper of local
circulation in the municipality the officials
posted the ordinance in 3 conspicuous places
which is in accordance with Sec. 188 of the
Local Government Code.
Requisites before a newspaper
considered a NGC?
a. It is published for the dissemination
of local news and general information.
b. It has bona fide subscription list of
paying subscribers
c. It is published at regular intercvals
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)
profession, trade, calling, race, or
religious denomination.
“Laws shall take effect after fifteen days”
GR: If the law has an effectivity clause, follow
the effectivity clause.
EXC: if the law is silent, apply the 15-day
period counted after the publication if there
is no effectivity clause.
Purpose of Publication
- To inform the public of such law.
Art. 3. Ignorance of the law excuses no one
from compliance therewith. (2)
Presumption: Every person is presumed to
know the law, since the government has
already complied with the requirement of
publication.
GR: Ignorance of the law excuses no one from
compliance therewith.
EXC:
a. Ignorance of fact may excuse a party
from the legal consequences of his
conduct. (Ignorance of a foreign law is
a mistake of fact.)
b. Mistake as to difficult questions which
is the same as mistake of fact.
Reason of Article 3, CC
are
- If any person could successfully plead
ignorance of the law to escape the
legal consequences of their act or to
excuse non-performance of legal
duties, there would be evasion of the
law and administration of justice will
be defeated.
Doctrine of Processual Presumption
- If the foreign law is not properly
alleged and proved, the presumption
is that it is the same as our own law.
Art. 4. Laws shall have no retroactive effect,
unless the contrary is provided. (3)
Statutes are to be construed as having only
prospective operation, unless it be given
retroactive effect.
GR: Laws are prospective.
EXC: When the law is given retroactive effect.
1. Law expressly provides for its
retroactivity. But in no case shall an
ex post facto law be passed.
2. Law is curative in nature.
3. Law is remedial in nature.
4. Law is penal but favorable to the
accused
5. Laws creating new rights provided
that no vested rights are impaired
6. Emergency law – authorized by police
power of the Gov’t.
Art. 5. Acts executed against the provisions of
mandatory or prohibitory laws shall be void,
except when the law itself authorizes their
validity. (4a)
GR: Acts violating mandatory or prohibitory
laws are void.
EXC: (A-V-V)
a. When law itself authorized their
validity.
b. When law makes the act only voidable
and not void
c. When law makes the act valid but
punishes the violator
Art. 6. Rights may be waived, unless the waiver
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)
morals, or good customs, or prejudicial to a
third person with a right recognized by
law. (4a)
GR: Rights may be waived.
EXC:
a. Unless the waiver is contrary to law,
public order, public policy, morals, or
good customs.
b. Waiver is prejudicial to a third
person.
Requisites of a valid waiver
a. Vested right
b. Voluntary relinquishment of right
c. Existence of his right
Vested Right – is one whose existence,
effectivity and extent does not depend upon
events foreign to the will of the holder.
Waiver of obligations ad duties
GR: It is NOT possible to waive obligations
and duties.
EXC:
a. When authorized by law
b. When authorized by the holder of the
correlative right.
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 declared 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)
Express Repeal
- Repeal of repealing law will not revive
the old law
Implied Repeal
- The provisions of the subsequent law
are incompatible with those of the
previous law.
Art. 8. Judicial decisions applying or
interpreting the laws or the Constitution shall
form a part of the legal system of the
Philippines. (n)
Doctrine of Stare Decisis
- It is when the SC has laid down a
principle of law as applicable to a
certain set of facts, the courts shall
adhere to that principle and apply it
to all future cases where the facts are
substantially the same.
Note:
Such rule is NOT ABSOLUTE, the
lower courts may not adhere to the
principles laid down by the Supreme
Court if it will cause patent error or
injustice to the parties.
Horizontal Stare Decisis
- A division of the SC may or may not
follow the decision of another
division.
Vertical Stare Decisis
- Courts have no option but to follow
the decision of another division.
Ratio Decidendi
- It is the principle which the case
established. It is the reason for the
decision.
Arranged by: Tisay
Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)
Obiter Dictum
- Opinions necessary to the
determination of a case not binding
and cannot have the force of juridical
precedents.
Art. 9. No judge or court shall decline to
render judgment by reason of the silence,
obscurity or insufficiency of the laws. (6)
In cases where law is silent or is obscure
or insufficient with respect to a particular
controversy
- The judge shall apply the custom of
the place
- In default thereof, the general
principles of law and justice
Art. 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. (n)
When to apply Article 10
- Only in case of doubt
Note!
It is the duty of the judge to apply the law
following the legal maxim – Dura lex sed
lex
Art. 11. Customs which are contrary to law,
public order or public policy shall not be
countenanced. (n)
Art. 12. A custom must be proved as a fact,
according to the rules of evidence. (n)
Customs
- Are rules of conduct formed by
repetition of acts, uniformly observed
as a social rule, legally binding and
obligatory
 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,

- First day excluded while the last day
is included.
If Last day falls on a Saturday, Sunday, or
Legal Holiday
a. In Ordinary Contracts – the
agreement of the parties prevails,
b. Under Rules of Court (ROC) – the time
shall run until the next working day.
Art. 14. Penal laws and those of public security
and safety shall be obligatory upon all who live
or sojourn in the Philippine territory, subject to
the principles of public international law and
to treaty stipulations. (8a)
GR: Penal Laws follows the theory of
territoriality and generality regardless of
nationality.
EXC:
a. Principles of PIL on diplomatic
immunity
b. Presence of treaty stipulations
statues, conditions, legal capacity follow the
principle of nationality
Derivative Citizenship
- An unmarried child whether
legitimate, illegitimate, or adopted,
below18 years of age of those re-
acquire Philippine Citizenship upon
effectivity of this act shall be deemed
citizens of the Philippines.
Art. 16. Real property as well as personal
property is subject to the law of the country
where it is stipulated.
However, intestate and testamentary
successions, both with respect to the order of
succession and to the amount of successional
rights and to the intrinsic validity of
testamentary provisions, shall be regulated by
the national law of the person whose
succession is under consideration, whatever
may be the nature of the property and
regardless of the country wherein said
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
- as long as a person is exercising his
right provided under Art. 19, he
cannot be held liable, but if he acted
with abuse of rights, he can now be
held liable.
Art. 20. Every person who, contrary to law,
willfully or negligently causes damage to
another, shall indemnify the latter for the
same.
Art. 21. Any person who willfully causes loss or
injury to another in a manner that is contrary
to morals, good customs or public policy shall
compensate the latter for the damage.
Acts Contra Bonus Mores
- Presupposes loss or injury, material
or otherwise, which one may differ as
a result of such violation.
Elements of Acts Contra Bonus Mores
a. There is an act which is legal
b. But which is contrary to morals , good
customs, public order, and public
policy
c. It is done with intent to injure.
Art. 22. Every person who through an act of
performance by another, or any other means,
acquires or comes into possession of something
at the expense of the latter without just or
legal ground, shall return the same to him.
Accion in Rem Verso
- Action for recovery of what has been
paid without just cause.
- Action for unjust enrichment
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)
c. Enrichment of defendant without just
or legal ground
d. Plaintiff has no other action based on
contract, quasi-contract, delict or
quasi-delict
Principle of Unjust Enrichment
- One benefited thru an act or event
causing damage to another
Note:
It is a quasi contract – see Art. 719, CC
Art. 719. Whoever finds a movable, which
is not treasure, must return it to its
previous possessor. If the latter is
unknown, the finder shall immediately
deposit it with the mayor of the city or
municipality where the finding has taken
place.
The finding shall be publicly announced
by the mayor for two consecutive weeks
in the way he deems best.
If the movable cannot be kept without
deterioration, or without expenses which
considerably diminish its value, it shall be
sold at public auction eight days after the
publication.
Six months from the publication having
elapsed without the owner having
appeared, the thing found, or its value,
shall be awarded to the finder. The finder
and the owner shall be obliged, as the
case may be, to reimburse the expenses.
Art. 23. Even when an act or event causing
damage to another's property was not due to
the fault or negligence of the defendant, the
latter shall be liable for indemnity if through
the act or event he was benefited.
Solutio Indebiti
- Something is received when there is
no right to demand it, and it was
unduly delivered through mistake, the
obligation to return arises.
Negotiorum Gestio
- Anyone who voluntarily take charge
of the agency or management of the
business of property of another
without knowledge of the latter shall
continue doing the same until the
termination of the neglect or
abandonment of said property.
Note:
Kinds of Quasi-Contract:
- Negotiorum Gestio
- Unjust enrichment
Whoever is benefited shall indemnify the
one who is not benefited.
Art. 24. In all contractual, property or other
relations, when one of the parties is at a
disadvantage on account of his moral
dependence, ignorance, indigence, mental
weakness, tender age or other handicap, the
courts must be vigilant for his protection.
Doctrine of Parens Patriae
- Sovereign power of the state in
safeguarding persons under disability.
Art. 25. Thoughtless extravagance in expenses
for pleasure or display during a period of acute
public want or emergency may be stopped by
order of the courts at the instance of any
government or private charitable institution.
Arranged by: Tisay
Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)
Requisites of Thoughtless Extravagance
a. There must be an acute public want
or emergency
b. The person seeking to stop it just be a
government or private charitable
institutions.
Art. 26. Every person shall respect the dignity,
personality, privacy and peace of mind of his
neighbors and other persons. The following
and similar acts, though they may not
constitute a criminal offense, shall produce a
cause of action for damages, prevention and
other relief:
(1) Prying into the privacy of another's
residence:
(2) Meddling with or disturbing the private life
or family relations of another;
(3) Intriguing to cause another to be alienated
from his friends;
(4) Vexing or humiliating another on account
of his religious beliefs, lowly station in life,
place of birth, physical defect, or other
personal condition.
Protection of Human Dignity
- Every person shall respect the dignity,
personality, privacy and peace of
mind of his neighbors and other
persons.
Art. 27. Any person suffering material or moral
loss because a public servant or employee
refuses or neglects, without just cause, to
perform his official duty may file an action for
damages and other relief against the latter,
without prejudice to any disciplinary
administrative action that may be taken.
Relief against Public Officials
- A public officer who commits a tort or
other wrongful act, done in excess or
beyond the scope of his duty, is not
protected by his office and is
personally liable therefore like any
private individuals.
Art. 28. Unfair competition in agricultural,
commercial or industrial enterprises or in
labor through the use of force, intimidation,
deceit, machination or any other unjust,
oppressive or highhanded method shall give
rise to a right of action by the person who
thereby suffers damage.
Unfair Competition
- Is the employment of deception or
any other means contrary to good
faith by which he shall pass off goods
manufactured by him or in which he
deals, or his business, or services for
those of the one having established
such goodwill, or who shall commit
any acts calculated to produce said
result.
Art. 29. When the accused in a criminal
prosecution is acquitted on the ground that his
guilt has not been proved beyond reasonable
doubt, a civil action for damages for the same
act or omission may be instituted. Such action
requires only a preponderance of
evidence. Upon motion of the defendant, the
court may require the plaintiff to file a bond to
answer for damages in case the complaint
should be found to be malicious.
If in a criminal case the judgment of acquittal
is based upon reasonable doubt, the court shall
so declare. In the absence of any declaration to
that effect, it may be inferred from the text of
the decision whether or not the acquittal is due
to that ground.
Arranged by: Tisay
Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)
Reason for the Rule in Article 29
- Provides that the acquittal of the
accused on the ground that his guilt
has not been proved beyond
reasonable doubt does not
necessarily exempt him from civil
liability for the same act or omission.
Art. 30. When a separate civil action is brought
to demand civil liability arising from a criminal
offense, and no criminal proceedings are
instituted during the pendency of the civil case,
a preponderance of evidence shall likewise be
sufficient to prove the act complained of.
Independent Civil Action (ICA)
- One brought distinctly and separately
from the criminal case.
Art. 31. When the civil action is based on an
obligation not arising from the act or omission
complained of as a felony, such civil action may
proceed independently of the criminal
proceedings and regardless of the result of the
latter.
ICA based on an obligation NOT arising from
felony
Art. 32. Any public officer or employee, or any
private individual, who directly or indirectly
obstructs, defeats, violates or in any manner
impedes or impairs any of the following rights
and liberties of another person shall be liable
to the latter for damages:
(1) Freedom of religion;
(2) Freedom of speech;
(3) Freedom to write for the press or to
maintain a periodical publication;
(4) Freedom from arbitrary or illegal
detention;
(5) Freedom of suffrage;
(6) The right against deprivation of property
without due process of law;
(7) The right to a just compensation when
private property is taken for public use;
(8) The right to the equal protection of the
laws;
(9) The right to be secure in one's person,
house, papers, and effects against
unreasonable searches and seizures;
(10) The liberty of abode and of changing the
same;
(11) The privacy of communication and
correspondence;
(12) The right to become a member of
associations or societies for purposes not
contrary to law;
(13) The right to take part in a peaceable
assembly to petition the government for
redress of grievances;
(14) The right to be free from involuntary
servitude in any form;
(15) The right of the accused against excessive
bail;
(16) The right of the accused to be heard by
himself and counsel, to be informed of the
nature and cause of the accusation against
him, to have a speedy and public trial, to meet
the witnesses face to face, and to have
compulsory process to secure the attendance of
witness in his behalf;
(17) Freedom from being compelled to be a
witness against one's self, or from being forced
to confess guilt, or from being induced by a
promise of immunity or reward to make such
Arranged by: Tisay
Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)
confession, except when the person confessing
becomes a State witness;
(18) Freedom from excessive fines, or cruel
and unusual punishment, unless the same is
imposed or inflicted in accordance with a
statute which has not been judicially declared
unconstitutional; and
(19) Freedom of access to the courts.
In any of the cases referred to in this article,
whether or not the defendant's act or omission
constitutes a criminal offense, the aggrieved
party has a right to commence an entirely
separate and distinct civil action for damages,
and for other relief. Such civil action shall
proceed independently of any criminal
prosecution (if the latter be instituted), and
mat be proved by a preponderance of evidence.
The indemnity shall include moral damages.
Exemplary damages may also be adjudicated.
The responsibility herein set forth is not
demandable from a judge unless his act or
omission constitutes a violation of the Penal
Code or other penal statute.
ICA based on violation of civil liberties
Civil Actions
- When accused is acquitted in a
criminal case because his guilt was
not proven beyond reasonable doubt:
plaintiff may still file a civil action for
damages for the same act or omission.
Art. 33. In cases of defamation, fraud, and
physical injuries a civil action for damages,
entirely separate and distinct from the
criminal action, may be brought by the injured
party. Such civil action shall proceed
independently of the criminal prosecution, and
shall require only a preponderance of evidence.
ICA based on defamation, fraud, and physical
injuries
Art. 34. When a member of a city or municipal
police force refuses or fails to render aid or
protection to any person in case of danger to
life or property, such peace officer shall be
primarily liable for damages, and the city or
municipality shall be subsidiarily responsible
therefor. The civil action herein recognized
shall be independent of any criminal
proceedings, and a preponderance of evidence
shall suffice to support such action.
ICA is based on a police who refuses/ fails to
render aid or protection to any person in case
of danger to life or property.
Art. 35. When a person, claiming to be injured
by a criminal offense, charges another with the
same, for which no independent civil action is
granted in this Code or any special law, but the
justice of the peace finds no reasonable
grounds to believe that a crime has been
committed, or the prosecuting attorney refuses
or fails to institute criminal proceedings, the
complaint may bring a civil action for damages
against the alleged offender. Such civil action
may be supported by a preponderance of
evidence. Upon the defendant's motion, the
court may require the plaintiff to file a bond to
indemnify the defendant in case the complaint
should be found to be malicious.
If during the pendency of the civil action, an
information should be presented by the
prosecuting attorney, the civil action shall be
suspended until the termination of the criminal
proceedings.
Reservation of Civil Action should be made
before the prosecution presents evidence
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)
(A) Article 100, RPC, Person criminally
liable is also civilly liable
GR: Extinction of penal action does
not carry extinction of civil action.
Reason: Quantum of Evidence in civil
case is not equal or the same in a
criminal case
EXC: If acquittal is based on a finding
that the accused did not commit the
criminal acts imputed to him. (As
discussed in Western vs Salas)
Note!
In Western vs Salas, the acquittal is on
a finding that the defendant did not
commit the crime complained of, a
civil action “ex-delicto” cannot
prosper. Acquittal in a criminal action
bars the civil action arising therefrom
where the judgment of acquittal holds
that the accused did not commit the
criminal acts imputed to him.
(B) Effect of Death of the Accused to the
Civil Liability
- Death of the defendant during the
appeal or before the judgment of
conviction by the lower court
becomes final and executor
extinguished his criminal liability but
his civil liability remains. (People vs
Sendaydiego)
(C) Section 1, Rule 111 of Rules of
Court
- If a person files a criminal case, the
civil cases that arise from the criminal
offense is deemed to be instituted.
promulgate and which shall not be in conflict
with the provisions of this Code.
Prejudicial Question
- One which must be decided first
before a criminal action may be
instituted or may proceed because a
decision therein is vital to the
judgment in the criminal case.
Elements of a Prejudicial Question:
a. Civil action involves an issue similar
or intimately related to the issue
raised in the criminal action
b. Resolution of such issue determines
whether or not the criminal action
may proceed.
c. Jurisdiction to try said issue must be
lodged in another tribunal
d. Civil action must be filed first before
the criminal action.
NOTES:
The degree of evidence need to establish
in a CRIMINAL ACTION is “proof beyond
reasonable doubt” while in a CIVIL
ACTION, “preponderance of evidence”
Notes from Discussion
Art. 29 **With Reservation
30
35 **Relate to Art. 100 of the
RPC and Sec. 111 of the
Rules of Court
**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)
Art. 31 **Without Reservation
32
33 **Rationale:
34 Civil cases are independent
2180 from criminal cases.
Sources of Obligation
a. Law
b. Contracts
c. Quasi-contracts
d. Delcits
e. Quasi-delicts
Question:
Can a person file an independent Civil
Action without reservation?
Yes, a person may institute an
independent case without reservation.
Applying Article 1157 of the Civil
Code with Article 100 of the Revised Penal
Code and Rule 111, Sec. 1 of Rules of Court. It
provides in Article 1157 that obligations may
arise from (1) Law; (2) Contracts; (3) Quasi-
Contracts; (4) Delicts; and (5) Quasi-Delicts.
Article 100 of the Revised Penal Code which
provides that every person criminally liable
for a felony is also civilly liable. Rule 111, Sec.
1 of Rules of Court also provides that if a
person files a criminal case, the civil cases
that arise from the criminal offense is deemed
to be instituted.
Considering the abovementioned
provisions, a person may file an independent
civil action without reservation if the source if
action is from law, contract, quasi-contract,
and quasi-delict except civil liability arising
from a delict.
 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)

latter arise from his acts or from property
relations, such as easements. (32a)
Art. 39. The following circumstances, among
others, modify or limit capacity to act: age,
NATURAL INCAPACITY
1. Minority (Due to lack of development)
2. Insanity or Imbecility (Due to
disease)
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
A PRODIGAL is a person incapable of
managing their affairs and of the
obligations which is attached to him
as a consequence of his bad conduct.
5. Civil Interdiction
It is an accessory penalty imposed
upon an accused who is sentenced to
a principal penalty not lower than
reclusion temporal.
Its effect includes:
(1) Deprivation of rights of parental
authority or guardianship
(2) Deprivation of marital authority
(3) Deprivation of the right to manage
his property
(4) Deprivation of the right to dispose
of his property by an act or any
conveyance inter vivos.
CHAPTER II: Natural Persons
Art. 40. Birth determines personality; but the
conceived child shall be considered born for all
purposes that are favorable to it, provided it be
born later with the conditions specified in the
following article. (29a)
Art. 41. For civil purposes, the fetus is
considered born if it is alive at the time it is
completely delivered from the mother's womb.
However, if the fetus had an intra-uterine life
of less than seven months, it is not deemed
born if it dies within twenty-four hours after its
complete delivery from the maternal
womb. (30a)
What Determines Personality
GR: Birth determines personality
EXM: A conceived child should be considered
born for all purposes favourable to it.
When a Person Deemed “BORN”
Arranged by: Tisay
Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)
The foetus is considered born if it is alive at
the time it is completely delivered from the
mother’s womb.
Note:
Complete Delivery means the cutting of the
umbilical cord so that if after the cutting of
the umbilical cord the child is ALIVE, even
only for a few hours, is considered as a
PERSON.
This rule applies ONLY if the foetus had an
intra-uterine of at least seven months.
If the foetus had an intra-uterine life of less
than seven months, it is not deemed born if it
dies within twenty-four hours after its
complete delivery from the maternal womb.
GR: For civil purposes, the foetus is
considered born if it is alive at the time it is
completely delivered from the mother’s
womb.
EXC: If the foetus had an intrauterine life of
less than 7 months, it is NOT deemed born if
it dies within 24 hours after its complete
delivery from the maternal womb.
Illustration:
When Jamica was on her eighth month of
pregnancy, she accidentally fell off the
stairs causing her to have a premature
delivery of her child whose name would be
Jericho. The baby was born alive but thirty
minutes later, died.
Question: Can the baby be considered a
natural person?
Answer: Yes. The baby can be considered a
natural person. Under the law, conceived
child is deemed to have possessed provisional
personality if a testate or donation is made in
his/her favour. It is also clear that the CC
provides that a child that is born, alive, ageing
seven months or more has already acquired
conclusive personality. In fact, it is said that if
the baby was born alive although died later
on, as long as it cried during its delivery – it
has possessed personality. It does not need to
live 24 hour for him to acquire conclusive
personality unlike intra-uterine babies or
babies born less than seven months which
need to live for at least 24 hours in order to
acquire personality.
Note:
Acknowledgement = Presumptive Personality
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. (32a)
GR: Civil personality of a natural person is
extinguished by death.
EXM: the personality of a person may be
extended even beyond his death and in this
case his estate is considered of his
personality.
Note: In this jurisdiction, the estate of a
deceased person is also considered a having
legal personality independent of their heirs.
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. (33)
Article 43 applies ONLY when the question of
survivorship involves persons “who are
called upon to succeed each other”. It is not
applicable when there is no question of
succession.
Arranged by: Tisay
Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)
Application of Rule on Survivorship under
the ROC
If the question of survivorship involves
persons who are not called upon to succeed
each other, it is the rule on survivorship
under the ROC that shall govern and not Art.
43.
Note:
When two persons perish in the same
calamity, such as wreck and it is not shown
who died first, the survivorship is determined
from the probabilities resulting from the
strength and age of sexes.
RULE 131, ROC – gives the presumption as to
who died ahead of whom.
CHAPTER III – Juridical Persons
Art. 44. The following are juridical persons:
(1) The State and its political subdivisions;
(2) Other corporations, institutions and
entities for public interest or purpose, created
by law; their personality begins as soon as they
have been constituted according to law;
(3) Corporations, partnerships and
associations for private interest or purpose to
which the law grants a juridical personality,
separate and distinct from that of each
shareholder, partner or member. (35a)
Art. 45. Juridical persons mentioned in Nos. 1
and 2 of the preceding article are governed by
the laws creating or recognizing them.
Private corporations are regulated by laws of
general application on the subject.
Partnerships and associations for private
interest or purpose are governed by the
provisions of this Code concerning
partnerships. (36 and 37a)
Art. 46. Juridical persons may acquire and
possess property of all kinds, as well as incur
obligations and bring civil or criminal actions,
in conformity with the laws and regulations of
their organization. (38a)
Art. 47. Upon the dissolution of corporations,
institutions and other entities for public
interest or purpose mentioned in No. 2 of
Article 44, their property and other assets shall
be disposed of in pursuance of law or the
charter creating them. If nothing has been
specified on this point, the property and other
assets shall be applied to similar purposes for
the benefit of the region, province, city or
municipality which during the existence of the
institution derived the principal benefits from
the same. (39a)
Juridical Persons
- Are artificial beings to which the law
grants a personality distinct and
separate from each individual
member composing it suspectible of
rights and obligations, or of being the
subject of legal relations.
Note: The personality begins from the
moment the law recognizes them or
creates them unless the law provides
otherwise and such personality is
extinguished only in accordance with law.
Corporations
- is formed and organized under the
Corporation Code
- commences to have corporate
existence and juridical personality
and is deemed incorporated from the
date the SEC issues certificate of
certificate of incorporation.
Arranged by: Tisay
Persons and Family Relations under Atty. Liza Lopez- Rosario
(Taken from Rabuya, San Beda Notes , LR Notes)
Partnership
- is defined by law as one where two or
more persons bind themselves to
contribute money, property, or
industry to a common fund, with the
intention of dividing the profits
among themselves.
Note: A Sole Proprietorship is DOES
NOT possess a juridical personality
separate and distinct from the personality
of the owner of the enterprise.
Title II - CITIZENSHIP AND DOMICILE
Art. 48. The following are citizens of the
Philippines:
(1) Those who were citizens of the Philippines
at the time of the adoption of the Constitution
of the Philippines;
(2) Those born in the Philippines of foreign
parents who, before the adoption of said
Constitution, had been elected to public office
in the Philippines;
(3) Those whose fathers are citizens of the
Philippines;
(4) Those whose mothers are citizens of the
Philippines and, upon reaching the age of
majority, elect Philippine citizenship;
(5) Those who are naturalized in accordance
with law. (n)
Art. 49. Naturalization and the loss and
reacquisition of citizenship of the Philippines
are governed by special laws. (n)
Art. 50. For the exercise of civil rights and the
fulfillment of civil obligations, the domicile of
natural persons is the place of their habitual
residence. (40a)
Art. 51. When the law creating or recognizing
them, or any other provision does not fix the
domicile of juridical persons, the same shall be
understood to be the place where their legal
representation is established or where they
exercise their principal functions. (41a)
Domicile – there is an element of
permanence, place where one intends to
return.
Residence – temporary in character
citizenship without taking the oath of
allegiance.
- If the child is not a minor, he must
then follow the naturalization act.
NOTE:
Dual Citizen Act – act of reacquisition
and retention of Philippine citizenship or
nationality.

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)