What Is The Civil Code?

The Civil Code of the Philippines is the product of the codification of private law in the Philippines. It is the
general law that governs family and property relations in the Philippines. It was enacted in 1950, and remains
in force to date with some significant amendments.

What Are The Books Of The Civil Code?

 Persons and Family relations

In 1987, President Corazón Cojuangco Aquino enacted into law The Family Code of 1987, which
was intended to supplant Book I of the Civil Code concerning persons and family relations. Work on the
Family Code had begun as early as 1979, and it had been drafted by two successive committees, the
first chaired by future Supreme Court Justice Romero, and the second chaired by former Supreme
Court Justice J.B.L. Reyes. The Civil Code needed amendment via the Family Code in order to alter
certain provisions derived from foreign sources which had proven unsuitable to Filipino culture and to
attune it to contemporary developments and trends.The Family Code covers fields of significant public
interest, especially the laws on marriage. The definition and requisites for marriage, along with the
grounds for annulment, are found in the Family Code, as is the law on conjugal property relations,
rules on establishing filiation, and the governing provisions on support, parental authority, and
adoption.
Marriage
Legal separation
Spousal rights and obligations
Marital property schemes
The Family
Paternity and filiation
Adoption
Maintenance (e.g. alimony, child support)
Parental authority
Emancipation and age of majority
Summary judicial proceedings in family law
 Property, Ownership and its Modifications
Focuses on property, which classifies and defines the different kinds of approporiable objects,
provides for their acquisitions and loss and treats the nature and consequences of real right. Ownership
is independent and general right of the person to control a thing particularly in his possession,
enjoyment, disposition, and recovery, subject to no restrictions except those imposed by the state or
private persons, without prejudice to the provisions of the law.
a. Classification of Property
b. Ownership
c. Co-Ownership
d. Special Properties
e. Possession
f. Usufruct
g. Easement and Servitudes
h. Nuissance
i. Registry of Property
 Modes of Acquiring Ownership
Ownership is acquired by occupation and by intellectual creation. Ownership and other
real rights over property are acquired and transmitted by law, by donation, by testate and
intestate succession, and in consequence of certain contracts by tradition. They may be also
acquired by acquisitive prescription.
 a. Occupation
b. Intellectual creation
c. Donation
d. Succession
e. Acquisitive prescription
 Obligations and Contracts

Law of obligations is defined as juridical necessity to give, to do or not do. A Contract is a meeting of
the minds between two persons whereby one binds himself with respect to the other to give something or to
render some service

a. Obligations
b. Contracts
c. Special contracts encompasses several classes of contracts as trusts, sales, barter, lease, loan,
deposit, aleatory contracts (a contract where an uncertain event determines the parties' rights
and obligations. For example, gambling, wagering), compromises, guaranty, agency, pledges,
mortgage, antichresis, and partnership
d. Quasi-contract - a fictional contract recognised by a court. The notion of a quasi-contract can
be traced to Roman law and is still a concept used in some modern legal systems.
e. Quasi-delict- a French legal term used in some civil law jurisdictions, encompassing the
common law concept of negligence as the breach of a non-wilful extra-contractual obligation to
third parties.

When Do Laws Take Effect? Article 2 Of The Civil Code.

Article 2. Laws shall take effect after fifteen days following the completion of their publication in the
Official Gazette, unless it is otherwise provided. This Code shall take effect one year after such publication.

Tanada V. Tuvera

Article 3 Of The Civil Code.

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

What Is The Rationale Of Article 3?

This is a necessary rule for all civilized society. Otherwise it would be impossible to

enforce the law. It is very hard to determine whether or not a person really does not

know the law. Without this rule, there would be anarchy. The law sacrifices

occasional harshness to prevent universal anarchy.

Article 4 Of The Civil Code.

Art. 4. Laws shall have no retroactive effect, unless the contrary is

provided.

What Is The Rationale Of Article 4?

Law must be applied prospectively (with consideration of or in preparation for the future)
Discuss Article 5 Of The Civil Code.
 Article 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except
when the law itself authorizes their validity.

A mandatory law is one which prescribes some element as a requirement (i.e., wills must be written –
Article 804 ; form of donations – Article 749 )

 A prohibitory law is one which forbids something (i.e., joint wills – Article 818 )  General Rule: Acts
which are contrary to mandatory or prohibited laws are void.

 Exceptions: 1. When the law itself authorized its validity (i.e., lotto, sweepstakes)

2. When the law makes the act only voidable and not void (i.e., if consent is vitiated, the
contract is voidable and not void)

3. When the law makes the act valid but punishes the violator (i.e., if the marriage is
celebrated by someone without legal authority but the parties are in good faith, the
marriage is valid but the person who married the parties is liable)

4. When the law makes the act void but recognizes legal effects flowing therefrom (i.e.,
Articles 1412 & 1413

Discuss Article 6 Of The Civil Code.

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.

 What one can waive are rights and not obligations. Example, a creditor can waive the

loan but the debtor may not.

 There is no form required for a waiver since a waiver is optional. You can waive by

mere inaction, refusing to collect a debt for example is a form of waiver.

 General Rule: Rights can be waived.

 Exceptions:

1. If waiver is contrary to law, public order, public policy, morals or good customs

2. If the waiver would be prejudicial to a 3rd party with a right recognized by law.

(e.g., If A owes B P10M, B can‘t waive the loan if B owes C and B has no other

assets.)

 Examples of waivers which are prohibited:

1. Repudiation of future inheritance

2. Waiver of the protection of pactum commissorium

3. Waiver of future support

4. Waiver of employment benefits in advance

5. Waiver of minimum wage

6. Waiver of the right to revoke a will

What Is Right?
 an entitlement to something, whether to concepts like justice and due process, or to ownership of
property or some interest in property, real or personal. These rights include various freedoms, protection
against interference with enjoyment of life and property, civil rights enjoyed by citizens such as voting and
access to the courts, natural rights accepted by civilized societies, human rights to protect people throughout
the world from terror, torture, barbaric practices and deprivation of civil rights and profit from their labor, and
such American constitutional guarantees as the right to freedoms of speech, press, religion, assembly and
petition.

What Is Waiver?

Waiver definition law involves an act where one person will surrender their legal rights. The legal right
they surrender could be:

Constitutional

Statutory

Contractual

What Are The Requirements For A Valid Waiver?

 Requisites of a valid waiver (Herrera vs. Boromeo)

1. Existence of a right

2. Knowledge of the existence of the right

3. An intention to relinquish the right (implied in this is the capacity to dispose of the

right)

Generally, rights may be waived given that:

1. The person making the waiver is capacitated to do so. Meaning not a minor or Insane.

2. The waiver must be made clearly but not necessarily express.

3. The person must have the right he is renouncing,

4. It must comply to formalities if it calls for one.

5. The waiver must concur with Art. 6.

What Are The Kinds Of Repeal?

Art. 7, New Civil Code. 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 ony when they are not
contrary to laws or the constitution.

How laws are repealed:

1. Expressly- by direct act of congress.

 Impliedly- occurring inconsistencies on all points between a prior and a subsequent law.

Only subsequent laws can repeal prior laws either through:

1. A repealing clause

2. Incompatibility of the subsequent and prior laws

 The violation of a law is not justified even if:

1. No one follows the law (i.e., nonpayment of taxes)

2. There is a custom to the contrary

 The 2nd par. of Article 7 is judicial review in statutory form

Discuss Article 8 Of The Civil Code.

Art. 8. Judicial decisions applying or interpreting the laws or the

Constitution shall form a part of the legal system of the Philippines.

This is a new provision taken from common law. Under the civil law tradition, the

court merely applies the law. However since the Philippine legal system is a

combination of civil law and common law, courts apply statutes as well as resort to

the doctrine of precedent.

What Is The Doctrine Of Stare Decisis?

Stare decisis is a Latin term. It means 'to stand by things decided.' Stare decisis is a doctrine used in all
court cases and with all legal issues. A doctrine is simply a principle, or an instruction, but it's not necessarily a
rule that cannot ever be broken.

The doctrine of stare decisis means that courts look to past, similar issues to guide their decisions. The
past decisions are known as precedent. Precedent is a legal principle or rule that is created by a court
decision. This decision becomes an example, or authority, for judges deciding similar issues later. Stare decisis
is the doctrine that obligates courts to look to precedent when making their decisions. These two principles
allow American law to build case-by-case, and make our legal system a common law system.

So, stare decisis is essentially 'the rule of precedent.' Courts cite precedent when a court has already
considered a particular legal issue and the court has already issued a ruling.

Discuss Article 9 Of The Civil Code.

Art. 9. No judge or court shall decline to render judgment by reason of

the silence, obscurity or insufficiency of the laws.

Discuss Article 10 Of The Civil Code.

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.

What if the law is silent? The court should render a decision based on justice as

stated in Article 10.

Discuss Article 15 Of The Civil Code.

Art. 15. Laws relating to family rights and duties, or to the status,

condition and legal capacity of persons are binding upon citizens of the
Philippines, even though living abroad.

Art. 2. Application of its provisions. — Except as provided in the treaties and laws of preferential

application, the provisions of this Code shall be enforced not only within the Philippine Archipelago,

including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction,

against those who:

1. Should commit an offense while on a Philippine ship or airship;

2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations

and securities issued by the Government of the Philippine Islands;

3. Should be liable for acts connected with the introduction into these islands of the

obligations and securities mentioned in the presiding number;

4. While being public officers or employees, should commit an offense in the exercise of their

functions; or

5. Should commit any of the crimes against national security and the law of nations, defined

in Title One of Book Two of this Code.

What Is The Nationality Principle?

Theories on Personal Law:

1. Domiciliary theory - the personal laws of a person are determined by his

domicile

2. Nationality theory - the nationality or citizenship determines the personal laws

of the individual

Under Article 15, the Philippines follows the nationality theory. Family rights and

duties, status and legal capacity of Filipinos are governed by Philippine law.

Under Article 15, the Philippines follows the nationality theory. Family rights and

duties, status and legal capacity of Filipinos are governed by Philippine law.

 General Rule: Under Article 26 of the Family Code, all marriages solemnized outside

the Philippines in accordance with the laws in force in the country where they were

solemnized and valid there as such, is also valid in the Philippines.

 Exception: If the marriage is void under Philippine law, then the marriage is void

even if it is valid in the country where the marriage was solemnized .

Exception to the exception:

1. Article 35, S.2, Family Code

Art. 35. The following marriages shall be void from the beginning: (2) Those solemnized by any person not
legally authorized to perform marriages unless such marriages were contracted with either or both parties
believing in good faith that the solemnizing officer had the legal authority to do so;

2. Article 35, S.3, Family Code

Art. 35. The following marriages shall be void from the beginning:

(3) Those solemnized without license, except those covered the preceding Chapter; Even if the foreign
marriage did not comply with either ¶s 2 and 3 of Article 35, Philippine law will recognize the marriage as valid
as long as it is valid under foreign law.

What Is Marriage?

marriage is a contract made in conjunction with the law, where a free man and a free woman
reciprocally engage to live with each other during their joint lives, in the union which ought to exist between
husband and wife. By the terms, freeman and freewoman in this definition are meant, not only that they are
free and not slaves, but also that they are clear of all bars to a lawful marriage.

To make a valid marriage, the parties must be:

 Able to contract, and have actually contracted.

 They must be willing to contract.

Who May Contract Marriage?

Art. 54. Any male of the age of sixteen years or upwards, and any female of the age of fourteen years
or upwards, not under any of the impediments mentioned in Articles 80 to 84, may contract marriage.

Silverio V The Republic Of The Philippines.

Republic Of The PH V. Cagandahan

What Are The Essential Requisites Of Marriage?

Article 2. No marriage shall be valid, unless these essential requisites are present:

 Legal capacity of the contracting parties who must be a male and a female; and
 Consent freely given in the presence of the solemnizing officer.

What Are The Formal Requisites Of Marriage?

Article 3
The formal requisites of marriage are:

1. Authority of the solemnizing officer;

2. A valid marriage license except in the cases provided for in Chapter 2 of this Title; and
3. A marriage ceremony which takes place with the appearance of the contracting parties before the
solemnizing officer and their personal declaration that they take each other as husband and wife in the
presence of not less than two witnesses of legal age.

Discuss Article 6 Of The Family Code.

Article 6
 No prescribed form or religious rite for the solemnization of the marriage is required. It shall be necessary,
however, for the contracting parties to appear personally before the solemnizing officer and declare in the
presence of not less than two witnesses of legal age that they take each other as husband and wife. This
declaration shall be contained in the marriage certificate which shall be signed by the contracting parties and
their witnesses and attested by the solemnizing officer.

In case of a marriage in articulo mortis, when the party at the point of death is unable to sign the marriage
certificate, it shall be sufficient for one of the witnesses to the marriage to write the name of said party, which
fact shall be attested by the solemnizing officer.

Discuss Article 7 Of The Family Code.

Article 7
Marriage may be solemnized by:

1. Any incumbent member of the judiciary within the court's jurisdiction;

2. Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by his church or religious
sect and registered with the civil registrar general, acting within the limits of the written authority granted by
his church or religious sect and provided that at least one of the contracting parties belongs to the
solemnizing officer's church or religious sect;
3. Any ship captain or airplane chief only in the case mentioned in Article 31;
4. Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a
military operation, likewise only in the cases mentioned in Article 32;
5. Any consul-general, consul or vice-consul in the case provided in Article 10.

Discuss Article 8 Of The Family Code.

Article 8
The marriage shall be solemnized publicly in the chambers of the judge or in open court, in the church, chapel
or temple, or in the office the consul-general, consul or vice-consul, as the case may be, and not elsewhere,
except in cases of marriages contracted on the point of death or in remote places in accordance with Article 29
of this Code, or where both of the parties request the solemnizing officer in writing in which case the marriage
may be solemnized at a house or place designated by them in a sworn statement to that effect.

Navarra V Damagtoy

Discuss Article 26 Of The Family Code.

Article 26
 All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where
they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under
Articles 35 (1), (4), (5) and (6), 3637 and 38. (17a)

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter
validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have
capacity to remarry under Philippine law. (As amended by Executive Order 227)

What is a mixed marriage?

An interracial marriage is a marriage between members of different races.

Republic v Manalo