Art. 1 This Act shall be known as the “Civil Code of the Art.
Art. 5 Acts executed against the provisions of mandatory
Philippines.”
Art. 2 Laws shall take effect after fifteen days following the
completion of their publication in the Official Gazette, or
in a newspaper of general circulation, unless it is otherwise
provided. This Code shall take effect one year after such
publication.
General Rule: if the law , after publication expressly provides
the date when it will take effectivity we will follow that date.
Exceptions: What if the law does not provide the date? – law
take effect after 15 days of publication (16th day) in the official
gazette or in newspaper of general circulation.
Art. 3 Ignorance of the law excuses no one from
compliance therewith.
GENERAL RULE: Everyone is presumed to know the law.
EXCEPTIONS: you can only be ignorant of the facts that are
needed to be proven.
Art. 4 Laws shall have no retroactive effect, unless the
contrary is provided.
General rule: the law is prospective not retroactive----WHY?
For the protection of vested rights (rights that you have
already acquired).
Exceptions: there are laws that are retroactive in effect.
When can laws be given retroactive effect?
1. If the law itself provides for retroactivity. Except if it
impairs vested rights.
2. In the case of penal laws----can be given retroactive
effect only if favorable to the accused
Why? Because when in doubt you rule in favor of the
accused. Because of the “presumption of innocence”
under the law. If there is no law for that crime, then
that person is innocent. –refer to art 22 of the RPC
3. When the law is merely curative law (can be cured) it
must be given retroactive effect.
4. When the law creates new substantive rights
provided that no vested rights are affected
. ex. tax laws
5. If the laws are procedural (procedural and remedial
laws). That try to guide guidelines or regulations in
court. The manner of conduct by which certain laws
are applied. There are no vested rights impaired by
procedural laws. If there is unjust enrichment in a
procedural law, it does not have any retroactive
effect.
or prohibitory laws shall be void, except when the law
itself authorizes their validity.
-Mandatory laws are laws that required the observance of
conduct. These are laws that are required and mandatory to
be followed.
-Prohibitory laws are those who prohibit certain conducts.
-Permissive laws or directory are those that direct.” You can
do this or not do it. “
General law: any act which is made or executed against the
mandatory laws or prohibitory laws those acts are void (no
legal effect).
Exceptions: when the law itself authorizes their validity.
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.
Requisites of the waived rights from Atty. Alabastro:
1. The person waiving that right must actually have
the right.—because If you do not have that right
there is nothing to waive
2. Person must have knowledge of the existence of
that right.---if you do not have any knowledge of you
right you are excused. For there to be a proper
relinquishment of right you must know about it.
3. Person must have a full legal capacity
4. The relinquishment of the right must be clear and
unequivocal. There must be no doubt in the
relinquishment.
5. Not be prejudicial of the right of the 3rd party.
Walang other rights naapakan
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.
Kinds of Repeal:
 Express – when the repealing law provides for a
provision or a repealing clause explicitly stating that a
particular existing law or part of a law is thereby
repealed.
 Implied – when there is no repealing clause in the
repealing law, but the prior law and the subsequent
law could not reconcile being substantially consistent
with one another.
 Art. 8 Judicial decisions applying or interpreting the laws
or the Constitution shall form a part of the legal system of
the Philippines.
Stare decisis
this means that when the supreme court has once laid down
a principle of law as applicable to a certain state of facts it will
adhere to that principle and apply it to all future cases where
the facts are substantially the same. This is to ensure that
there is consistency to the interpretations of the decisions of
the supreme court. This means that if you encounter a
questionable decision of the supreme court no one else can
turn over that decision other than the S.C itself because of
the principle of stare decisis.
Art. 9 No judge or court shall decline to render judgment by
reason of the silence, obscurity or insufficiency of the laws.
Limitations:
1. A judge is not free to decide according to his whims
and caprices (this refers to judicial legislation)
Judicial Legislation- judicial rulings that are suspected
of being based on personal opinion, rather than on
existing law.
. He/She must see to it that the decision is just and
equitable.
2. The judge should favor that solution which will best
promote the public welfare. The decision must be
reasonable and must not lead to absurdity.
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.
Art. 11 Customs which are contrary to law, public order,
public policy shall not be countenanced.
Art. 12 A custom must be proved as a fact, according to the
rules of evidence
Requisites to make a custom an obligatory rule:
1. Plurality of acts or the acts have been repeatedly
done;
2. It is generally practice by the great mass of the social
group;
3. The practice has been going on for a long period of
time;
4. The community accepts it as a proper way of acting,
such that it is considered obligatory upon all.
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 twenty-four 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.
Obiter Dictum – an opinion expressed by a court upon some
question of law which is not necessary to the decision or the
case before it.
**TAKE NOTE OF THIS ARTICLE**
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.
 Civil laws do not apply to aliens who are governed by
their national law.
 Penal laws equally apply to aliens who live or sojourn
in the Philippines.
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.
Classifications of Capacity:
1. Testamentary capacity – to make a legally effective
will.
2. Contractual capacity – to enter into a legally binding
contract.
3. Marital capacity – to enter into a valid marriage.
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.
General rule – the 1st paragraph talks about the rule of the
place where the property is situated.
Exception: 2nd paragraph it will not be the law of the place
where the property is located that will govern but the
national law of the decedent (the person who died)
Art. 17 The forms and solemnities of contracts, wills, and
other public instruments shall be governed by the laws of
the country in which they are executed.
When the acts referred to are executed before the
diplomatic or consular officials of the Republic of the
Philippines in a foreign country, the solemnities established
by Philippine laws shall be observed in their execution.
 Prohibitive laws concerning persons, their acts or property,
and those which have for their object public order, public
policy and good customs shall not be rendered ineffective
by laws or judgments promulgated, or by determinations or
conventions agreed upon in a foreign country.
Principle of Lex Loci Celebrationis – “matters bearing upon the
execution, interpretation and validity of a contract are
determined by the law of the place where the contract is
made.”
Art. 18 In matters which are governed by the Code of
Commerce and special laws, their deficiency shall be
supplied by the provisions of this Code.
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.
- Referred to as the “Golden Rule”
- Under this article is the “Principle of Abuse of Rights”
- Elements: 1. There must be a legal right or duty/
2. which is exercised in bad faith
3. for the intent of prejudicing someone.
What is the difference between: (based from Fareast bank vs
Pacilan)
Damages vs. Injury
-The result of the injury -illegal invasion of a legal rights
The compensation awarded for
the damage suffered
Damnum Absque Injuria- exercising your legal right and not
award damage for the one injured.
- The consequences must be borne by the injured
person alone, the law affords no remedy for
damages resulting form an act which does not
amount to a legal injury or wrong.
In Article 19 of the New Civil Code:
- A person must not use his right unjustly or contrary
to honesty and good faith otherwise he opens
himself to liability.
- This article seeks to preclude the use of a legal right
as a means to unjust ends.
- There is an abuse of rights when it is exercised solely
to prejudice someone (Uypitching vs Quiamco)
Art. 20 Every person who, contrary to law, will fully or
negligently causes damage to another, shall indemnity the
latter for the same.
- Concerns on violations of existing laws as basis for an
injury. There is recovery If such acts were
committed willfully or negligently. Willfully may refer
to the intention to do the act and the desire to
achieve the outcome which is considered by the
plaintiff in tort action as injurious. Negligence may
refer to a situation where the act was consciously
done but without intending the result which the
plaintiff considers as injurious ( St. martin polyclinic
vs LWV construction)
Negligence defined: the failure to observe the protection of
the interests of another person , that degree of care,
precaution and vigilance which the circumstances justly
demand ,whereby such other persons suffers injury.
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.
Public policy means principle of law which holds that no
subject or citizen can lawfully do that which has a tendency to
be injurious to the public or against the public good.
- Concerns injuries that may be caused by acts which
are not necessarily prescribed by the law.
this article requires that the act be willful and that
there was an intention to do the act and a desire to
to achieve the outcome.
- There is a need that the act is willful and hence done
in complete freedom. (Buenaventura vs
Buenaventura)
- Acts that are violated under Article 21 are the acts
that is contrary to morals, good customs and public
policy.
- A right though by itself is legal but must not become
the source of liability. (Cebu Country club.
Elizagaque)
- When the right is exercised arbitrarily a legal wrong
is committed.
If in case it was proven that Article 19 was violated in
relation to Article 20 or 21 damages may be recovered
thorough the following:
Article 2217- moral damages may be granted when there is
physical suffering, mental anguish, firght, serious anxiety,
wounded feelings, moral shock and similar injury . (People of
the Philippines vs Dionaldo)
Article 2219 of the new civil code- moral damages are
recovered when violating Article 21 and Article 28.
- Can also be awarded when there is illegal detention
(People of the Philippines vs Dionaldo)
 - Moral damages may be awarded in culpa contractual
or breach of contracts acted in bad faith
Article 2229- exemplary damages for the correction of public
goods.
- Exemplary damages can only be awarded if there is
a wanton act, fraudulent, reckless , oppressive or
malevolent manner.
Art 2208- Attorney fees and litigation expenses can be
awarded WHEN exemplary damages were awarded first.
Article 224-Compensaory damages may be awarded in the
concept of Temperate damages for damages for injury to
business reputation or business standing , loss of goodwill
and loss of customers who shifted their patronage to
competitors.
Temperate damages may be awarded when the court finds
out that some pecuniary loss (money related) has been
suffered but is amount can not from the nature of the case be
provided with certainty. (coca cola bottlers vs spouses
benardo)
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.
Principle of Unjust enrichment – this exists when “a person
unjustly retains a benefit to the loss of another, or when a
person retains money or a property of another against the
fundamental principle of justice, equity and good conscience”
(filinvest land vs. nadjer)
Requisites of Principle of Unjust Enrichment:
1. A person is unjustly benefited
2. Such benefit is derived at the expense of another
Doctrine of In Pari Delicto- If two parties in a dispute are
equally at fault then the party in possession of the contested
property gets to retain it (gonzalo vs tarnate)
NOTE: the application of Doctrine of In pari delicto is rigid.
There is an execption when there is a well established public
policy violated (gonzalo vs tarnate)
Doctrine of Immutability of Judgement- a decision that has
acquired finality becomes immutable and unalterable, and
may no longer be modified in any respect, even if the
modification is meant to correct erroneous conclusions of
fact and law, and whether it be made by the court that
rendered it or by the Highest Court of the land. (bliss
development vs tapay)
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 even he was 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.
Principle of Gross Ignorance of the Law
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.
Requisites for Filing of Actions to Stop Extravagance:
1. There is thoughtless extravagance in expenses;
2. The extravagance is for pleasure or display;
3. There is a period of acute public want or emergency;
and
4. The case is filed in court by a governmental institution
or private charitable institution.
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
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; (castro vs tan)
4. Vexing or humiliating another on account of his religious
belief, lowly station in life, place of birth, physical defect,
or other personal condition
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. (Ledesma vs CA)
Example Scenario: (Campugan vs constante)
The respondent is acquitted because the acts which the
Attorney did were according to his Ministerial Duties.
Ministerial Duties- duties required by the law for the public
officers to follow.
Discretionary Duties- it is up to the public officer if he will
follow such duties.
Art. 28 Unfair competition in agricultural, commercial or
industrial enterprise or in labor through the use of force,
deceit, machination or any other unjust oppressive or high-
handed method shall give rise to a right of action by the
person who thereby suffers damages.
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 the ground.
 Our law states that every person criminally liable for
a felony is also civilly liable. This civil liability ex
delicto may be recovered through a civil action
which, under our Rules of Court, is deemed
instituted with the. criminal action.
2 kinds of acquittal: (Daluraya vs Oliva)
1. Acquittal based on reasonable doubt – means that if
the guilt of the accused has not been satisfactorily
established, he is not exempted from civil liability.
2. Acquittal based on the ground that the accused is
not the author of the act or omission, thus the
closing of the door to be civilly liable- this occurs
when the prosecution failed to sufficiently establish
that the accused is criminally liable.
*If you are proven to be criminally liable, then you are also
civilly liable
*If the court gave a ruling that the accused is not the author
of the crime or did not produce such acts then the accused is
also not civilly liable.
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 enough to prove the act of complained of.
-you can file a separate civil action to demand civil liability
arising from a criminal offense (frias vs sison)
This article recognizes an alternative and separate civil action
which may be brought to demand civil liability arising from a
criminal offense independently of any criminal action. In the
event that no criminal proceedings are instituted during the
pendency of the civil case a preponderance of evidence is
only needed. (People of the Philippines vs. Bayotas)
Civil liability may arise as a result of the same act or omission:
1.law
2. contracts
3. quasi-contracts
4. quasi delicts
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.
-when the civil action is based on an obligation or OTHER
SOURCES NOT ARISING FROM A FELONY the civil action may
proceed independently of the criminal proceedings. (frias vs
sison)
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 a 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 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 may 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.
Art. 33 In case 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.
- It should be stressed that the extinction of civil
liability follows the extinction of the criminal liability
under Article 89, only when the civil liability arises
from the criminal acts as its only basis.
- The rule established was that the survival of the civil
liability depends on whether the same can be
predicated on sources of obligations other than
delict. The claim for civil liability is also extinguished
together with the criminal action if it were solely
based thereon ex. Civil liability ex delicto (People of
the Philippines vs. Bayotas)
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 preponderance of evidence shall
suffice to support such action.
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.
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 promulgate and which shall be in
conflict with the provisions of this Code.
An independent civil action BASED ON FRAUD (refer to Art.
33) initiated by the defrauded party does not raise a
prejudicial question to stop the proceedings in a pending
criminal prosecution of the defendant for estafa through
falsification (Consing vs People of the Philippines)
Pre-judicial question requisites:
1. A civil action is first filed followed by a criminal action
2. The civil action have intimately related issues with the
criminal action that must first be resolved before the
criminal action can proceed. (there are the same facts
between the civil action and the criminal action)
Example scenario:
1. A Civil action was filed for payment of the value of
the checks and damages that was inflicted by the
petitioner for issuing dishonored checks.
Subsequently, a criminal action was filed on the
ground of the violation of BP 22. = NO PREJUDICIAL
QUESTION why? Because, violation of BP 22 is in
itself is an offense. It is an independent case that
does not need the decision w/n the payment for the
dishonored checks can or cannot be given because
the mere issuing of worthless checks is already an
offense itself. (Yap vs Cabales)
2. A petition was filed for a declaration of nullity of
marriage by the husband. Consequently, the wife
filed a criminal case for concubinage. There is no
prejudicial question because the civil case does not
determine if the criminal case can proceed because
under Article 36 prejudicial question only exists if
the 2 requisites are present which is first, the civil
action must be filed first before the criminal action.
Second, the resolution of the civil action will
determine the resolution of the criminal case. In this
case, the civil action will not determine the
resolution of the criminal action because even if in
the marriage was declared void, it does not mean
that the act of concubinage will exonerate because
concubinage is a crime that is committed before the
nullification of a marriage. (Beltran vs People of the
Philippines)
Elements of BP 22: (Dreamwork construction vs Janiola)
1. The making , drawing and issuance of any checks to
apply for account of for value
2. The maker of the said checks knows that there is no
sufficient funds.
3. Subsequent dishonor of the check by the drawee
bank for insufficiency of funds or credit.
Article 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.
Art. 41 For civil purposes, the foetus is considered born if
it is alive at the time it is completely delivered from the
mother's womb. However, 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.
Intra-uterine Life- a fetus who is born at least 7 months it is
considered born even if it only lived for a few minutes. The
child is considered normal.
The law considers a baby normal who weighs 2,275 grams.
 Still-birth when the child has not breathed or has not
shown any sign of life after being completely
separated from the mother’s womb.
Article 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.
 As birth brings forth personality, death extinguishes
it. However, the rights and obligations of the
deceased are not necessarily extinguished by his
death.
Article 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.
Presumption on Survivorship
Article 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.
Article 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.
Juridical person- their existence is only legal fiction, meaning
they exist only in contemplation (observation) of law. We do
not actually physically see them. They are susceptible of
rights and obligations, or of being subject of juridical relations
Article 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.
*The principle or rule on what a juridical person can do.*
Article 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.
 What requisite in establishing one’s domicile is not
present in the requisite of residence? ---The
intention to remain is said place.
Residence- is referred to a place, where one person lives.
- is of a more temporary nature compared to
domicile. An individual’s present physical location of
stay is residence
Requisites:
1. Intention to reside in the particular place; and
2. Personal or physical presence in that place, coupled
with conduct indicative of such intention.
Article 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.

Article 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.

Article 49. Naturalization and the loss and reacquisition of

citizenship of the Philippines are governed by special laws.

Naturalization – is the process of acquiring the citizenship of

another country through procedures

Article 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.

Domicile- a person’s permanent place of dwelling. It is a legal

relationship between a person and a locality.

Requisites:
1. The fact of residing or personal presence in a
particular place;
2. The intention to remain in said place permanently
(animus manendi).