Civil Code of the Philippines: Preliminary Title and Human Relations

Practice flashcards in Question and Answer format covering Articles 1 through 36 and Articles 1156-1430 of the New Civil Code of the Philippines based on the lecture transcripts by Atty. Ruther Marc P. Narcida.

What Republic Act is known as the Civil Code of the Philippines under Article 1?

Republic Act No. 386.

On what dates was Republic Act No. 386 enacted and when did it take effect?

It was enacted on June 18, 1949, and took effect on August 30, 1950.

Under Article 2, when do laws generally take effect after their publication in the Official Gazette?

Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided.

What is the Effectivity of Laws Principle regarding the Civil Code's effectivity date after publication?

The Civil Code shall take effect one year after its publication in the Official Gazette.

What Latin maxim is associated with Article 3, and what does it state?

"Ignorantia Legis Non Excusat", which means ignorance of the law excuses no one from compliance therewith.

What is the general rule and what are the two exceptions regarding the retroactivity of laws under Article 4?

The general rule is that laws shall have no retroactive effect. The exceptions are: 1. Unless otherwise provided by the law itself, and 2. When it would be beneficial to the accused.

Under what qualifications is a retroactive law disallowed even if provided for by law?

It is not allowed (unconstitutional) if it would not benefit the accused or if it would impair the obligations of contracts.

What does Article 5 state regarding acts executed against mandatory or prohibitory laws?

Such acts shall be void, except when the law itself authorizes their validity.

According to Article 6, when are waivers of rights not allowed?

When 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 are the two types of repeal of laws recognized under Article 7?

1) Express repeal, and 2) Implied repeal.

What is the rule on disuse, custom, or practice contrary to a law under Article 7?

Violation or non-observance of a law shall not be excused by disuse, or custom or practice to the contrary; a law remains applicable unless it is repealed.

What is the Hierarchy of Laws rule when a law or executive act conflicts with the Constitution?

When courts declare a law inconsistent with the Constitution, the law shall be void and the Constitution shall govern. Administrative or executive acts are valid only when not contrary to laws or the Constitution.

What is the significance of judicial decisions under Article 8?

Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines (jurisprudence as a source of law).

What is a judge or court required to do under Article 9 if the law is silent, obscure, or insufficient?

No judge or court shall decline to render judgment by reason of the silence, obscurity, or insufficiency of the laws; disputes brought before the courts must be resolved.

What principle is associated with Article 10, and what does it mean?

The principle of "DURA LEX SED LEX", which means "The law may be harsh but it is still the law."

According to Articles 11 and 12, what is required for customs to form part of the law, and how must they be proved?

Customs must not be contrary to law, public order, or public policy (must be a "Good" custom), and under Article 12, a custom must be proved as a fact according to the rules of evidence.

How does Article 13 define years, months, days, and nights, and how is a period computed?

Years are $365\,days$ each, months are $30\,days$, days are $24\,hours$, and nights are from sunset to sunrise. When computing a period, the first day shall be excluded, and the last day included.

What is the Territoriality of Laws Principle under Article 14?

Penal laws and those of public security and safety are obligatory upon all who live or sojourn in Philippine territory, subject to principles of public international law and treaty stipulations.

What is the Nationality Principle under Article 15 of the Civil Code?

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.

What principle governs real and personal property under Article 16, and what is its exception?

The principle of Lex Situs or Lex Rei Sitae (property is subject to the law of the country where it is situated). The exception is succession, where the Nationality Principle applies.

What is the principle of Lex Loci Celebrationis under Article 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.

What rule applies when acts, contracts, or wills are executed before Philippine diplomatic or consular officials in a foreign country?

The solemnities established by Philippine laws shall be observed in their execution.

What is the rule regarding the application of the New Civil Code to the Code of Commerce and special laws under Article 18?

In matters governed by the Code of Commerce and special laws, their deficiency shall be supplied by the provisions of the New Civil Code (suppletory application).

What principle is embodied in Article 19 of the Civil Code?

The Abuse of Right Principle, which states that every person must, in the exercise of his rights and performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.

How do Article 20 and Article 21 differ regarding indemnity for damages?

Article 20 covers willfully or negligently causing damage to another contrary to law. Article 21 covers willfully causing loss or injury in a manner contrary to morals, good customs, or public policy.

What does the legal principle "Damnum Absque Injuria" mean?

It means "damage absent injury," describing a situation where a person suffers real loss or harm, but no legal right or duty was violated, so the injured person cannot claim money or win a lawsuit.

What does the legal maxim "Volenti Non Fit Injuria" mean?

It means "to a willing person, injury is not done," specifying that a person who knowingly and voluntarily accepts a risk cannot sue for any resulting damage or injury.

What is the Unjust Enrichment principle as set forth in Articles 22 and 23?

No one shall unfairly enrich himself at the expense of impoverishment of another without just or legal ground. One who acquires possession at another's expense must return it, or indemnify if benefited by an event causing property damage.

What mandate does Article 24 place upon courts regarding disadvantaged parties?

Courts must be vigilant for the protection of a party who is at a disadvantage on account of moral dependence, ignorance, indigence, mental weakness, tender age, or other handicap.

What primary slogan represents Social Justice and Equity in the lecture notes?

"Those who have less in life must have more in law."

Under Article 31, how does a civil action proceed if it is based on an obligation not arising from a felony?

The civil action may proceed independently of the criminal proceedings and regardless of the result of the criminal proceedings.

Which article range in the Civil Code covers Obligations Proper?

Articles 1156-1430.