Comprehensive Study Guide for the Civil Code of the Philippines

CIVIL CODE OF THE PHILIPPINES (REPUBLIC ACT NO. 386)

PRELIMINARY TITLE: EFFECT AND APPLICATION OF LAWS AND HUMAN RELATIONS

  • Effectivity and Publication (Art 2): Laws take effect fifteen days after completion of publication in the Official Gazette, unless otherwise provided. This Code took effect one year after such publication.
  • Ignorance and Retroactivity: Ignorance of the law excuses no one from compliance (Art 3). Laws generally have no retroactive effect unless provided otherwise (Art 4).
  • Mandatory and Prohibitory Laws (Art 5): Acts executed against these laws are void, unless the law authorizes their validity.
  • Waiver of Rights (Art 6): Rights can be waived unless the waiver is contrary to law, public order, policy, morals, or good customs, or is prejudicial to a third person with a legal right.
  • Repeal of Laws (Art 7): Laws are repealed only by subsequent ones. Disuse or custom does not excuse non-observance. If a law is inconsistent with the Constitution, the former is void. Administrative acts must not contradict laws or the Constitution.
  • Judicial Decisions (Art 8): Applying or interpreting laws or the Constitution forms part of the Philippine legal system.
  • Judicial Duty (Art 9): No judge may decline to render judgment due to silence, obscurity, or insufficiency of the laws.
  • Interpretation Rules (Art 10): In case of doubt, the presumption is that the lawmaking body intended right and justice to prevail.
  • Customs (Arts 11–12): Customs contrary to law or public policy are not recognized. A custom must be proved as a fact according to the rules of evidence.
  • Computation of Periods (Art 13):
    • Year: 365365 days each.
    • Month: 3030 days (unless designated by name, then by their actual days).
    • Day: 2424 hours.
    • Night: Sunset to sunrise.
    • Rule: Exclude the first day, include the last day.
  • Conflict of Laws:
    • Penal laws apply to all in Philippine territory (Art 14).
    • Nationality Principle (Art 15): Laws relating to family rights, duties, status, and capacity bind citizens even if living abroad.
    • Lex Rei Sitae (Art 16): Real and personal property are subject to the law of the country where they are situated. Successions (order, amount, validity) are regulated by the national law of the decedent.
    • Lex Loci Celebrationis (Art 17): Forms and solemnities of contracts/wills follow the law of the country where they are executed.
  • Chapter 2: Human Relations (Arts 19–36):
    • Basic Standard (Art 19): Every person must act with justice, give everyone his due, and observe honesty and good faith.
    • Liability (Arts 20–21): Wilful/negligent illegal damage requires indemnification. Wilful injury contrary to morals/customs/policy requires compensation.
    • Unjust Enrichment (Arts 22–23): Possession at the expense of another without legal ground must be returned. Benefits derived from an event causing damage to another's property require indemnity.
    • Vigilance for the Disadvantaged (Art 24): Courts must protect parties at a disadvantage due to ignorance, indigence, mental weakness, or age.
    • Cause of Action for Privacy and Dignity (Art 26): Damages can be claimed for prying into privacy, meddling in family relations, alienating friends, or vexing/humiliating based on religious beliefs, lowly station, or defects.
    • Public Servant Liability (Art 27): Damages for refusal or neglect to perform official duty without cause.
    • Independent Civil Actions (Arts 32–33): Separate civil actions proceed independently of criminal cases for violations of civil liberties (religion, speech, detention, etc.) and for defamation, fraud, and physical injuries.

BOOK I: PERSONS AND CIVIL PERSONALITY

  • Capacity (Art 37):
    • Juridical Capacity: Fitness to be subject of legal relations (inherent in natural persons, lost only by death).
    • Capacity to Act: Power to do acts with legal effect (acquired and may be lost).
  • Restrictions on Capacity (Arts 38–39): Minority, insanity, imbecility, deaf-mute status, prodigality, and civil interdiction. Religious belief or political opinion does not limit capacity.
  • Natural Persons (Arts 40–43):
    • Personality begins at birth, but conceived children are considered born for purposes favorable to them if born alive later.
    • If fetus had intra-uterine life of less than 77 months, it is not deemed born if it dies within 2424 hours of delivery.
    • Commorientes (Art 43): If two persons die who were to succeed each other, and there is doubt as to who died first, they are presumed to have died at the same time absent proof.
  • Juridical Persons (Arts 44–47): Includes the State, public corporations created by law, and private corporations/partnerships/associations.
  • Domicile (Arts 50–51): Habitual residence for natural persons. For juridical persons, it is the place of legal representation or principal functions.

BOOK I: MARRIAGE, LEGAL SEPARATION, AND FAMILY RELATIONS

  • Nature of Marriage (Art 52): An inviolable social institution, not a mere contract.
  • Requisites (Art 53): Legal capacity, free consent, authority of solemnizing officer, and a marriage license.
  • Age Requisites (Art 54): Male 1616+; Female 1414+.
  • Solemnizing Officers (Art 56): Judges, Justices, Mayors, registered religious leaders, ship captains/airplane chiefs (in articulo mortis), and consuls/vice-consuls (abroad).
  • Marriage License (Art 63–65): Application requires 10-day public notice. Valid for 120120 days from issuance.
  • Marriages of Exceptional Character (Arts 72–79):
    • In Articulo Mortis: On the point of death, no license required.
    • Remote Places: 1515+ kilometers from municipal building with no transport links.
    • Cohortation (Art 76): A man and woman living together as husband and wife for at least 55 years without impediment may marry without a license.
  • Void Marriages (Arts 80–83): Examples include those under age, unauthorized solemnizer, no license, bigamous/polygamous, and incestuous (ascendants/descendants, siblings, or collaterals within the 4th4^{th} degree).
  • Voidable Marriages (Art 85): Causes for annulment include lack of parental consent (age 16−2016-20 for male, 14−1814-18 for female), insanity, fraud, force/intimidation, or physical incapacity to entry the married state (impotence).
  • Legal Separation (Arts 97–108):
    • Grounds: Adultery by wife, concubinage by husband, or attempt by one spouse on the life of the other.
    • Residence Rule: Petitioner must reside in the Philippines for 11 year prior (unless cause occurred in PH).
    • Cooling-off Period (Art 103): No trial before 66 months from filing.
  • Property Relations (Arts 118–215):
    • Regimes: Marriage settlements (contracts before marriage), absolute community, conjugal partnership of gains (default), or complete separation.
    • Donations Propter Nuptias (Arts 126–134): Made before marriage in consideration of the same. Limited to 1/51/5 of present property between spouses.
    • Paraphernal Property (Arts 135–141): Property brought or acquired by the wife during marriage as her own. She retains ownership and administration unless transferred to the husband.
    • Conjugal Partnership of Gains (Arts 142–189): Spouses place fruits of separate property and income from work in a common fund, divided equally upon dissolution.
  • The Family Home (Arts 223–251): Dwelling house and land, exempt from execution/forced sale (with exceptions for taxes, debts prior to recording, or mortgages). Judicial value limit: 20,00020,000 pesos (30,00030,000 in chartered cities).

BOOK I: PATERNITY, FILIATION, AND SUPPORT

  • Legitimate Children (Arts 255–264): Born after 180180 days of marriage and before 300300 days of dissolution. Only physical impossibility of access by the husband can contest legitimacy.
  • Legitimated Children (Arts 269–275): Natural children born out of wedlock to parents who could have married, legitimated by subsequent marriage.
  • Illegitimate Children (Arts 276–289): Entitled to support and successional rights. Recognition by parents can be voluntary or compulsory.
  • Support (Arts 290–304): Everything indispensable for sustenance, dwelling, clothing, medical attendance, and education.
    • Order of liability: Spouse, descendants (nearest degree), ascendants (nearest degree), brothers and sisters.
  • Parental Authority (Arts 311–326): Jointly exercised by father and mother over unemancipated children.
  • Emancipation (Arts 397–401): Occurs by marriage, attainment of majority (2121 years), or parental concession (at 1818 years via public instrument).

BOOK II: PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS

  • Classifications (Arts 414–425):
    • Immovable: Land, buildings, fixed structures, trees, machinery for industry.
    • Movable: Personal property, transportable items, shares of stock.
    • Ownership: Public dominion (public use/service) vs. Private ownership.
  • Ownership Rights (Arts 427–438): Right to enjoy, dispose, and recover. Includes right to exclude via reasonable force. Hidden treasure belongs to owner of land, or 1/21/2 to finder if found by chance on another's land (unless trespasser).
  • Accession (Arts 440–475): Right to what property produces (fruits) and what is attached to it.
  • Co-ownership (Arts 484–501): Undivided thing belongs to multiple persons. Shares presumed equal. Resolution by majority of interest.
  • Possession (Arts 523–561): Holding of a thing/right. Can be in good faith or bad faith. Possession for 1010 years (for immovables) can lead to ordinary prescription of ownership.
  • Usufruct (Arts 562–612): Right to enjoy property of another with obligation to preserve its form/substance. Maximum duration for towns/corps: 5050 years.
  • Easements (Arts 613–693): Real rights over another's land (servient estate) for the benefit of a dominant estate. Includes right of way, water, party walls, and light/view.
  • Nuisance (Arts 694–707): Acts/conditions injuring safety, offending senses, or disregarding decency. Public can be abated by city/municipal mayor; private by the injured party.

BOOK III: MODES OF ACQUIRING OWNERSHIP

  • Modes (Art 712): Occupation, intellectual creation, law, donation, tradition (contracts), and prescription.
  • Occupation (Arts 713–720): Taking possession of things without an owner (e.g., wild animals). Land cannot be acquired by occupation.
  • Donation (Arts 725–773): Act of liberality.
    • Inter vivos: Effective during donor's life.
    • Mortis causa: Partakes of nature of wills; effective on death.
    • Form: Immovable donation must be in a public document (Art 749).
  • Succession (Arts 774–1105): Transmission of property/rights/obligations through death.
    • Wills (Arts 783–839): Must be in writing.
      • Notarial: Subscribed by testator and 33+ witnesses, acknowledged before notary.
      • Holographic: Entirely handwritten, dated, and signed by testator.
    • Legitime (Arts 886–914): Reserved portion for compulsory heirs.
      • Legitimate children: 1/21/2 of estate.
      • Surviving spouse: Varies (1/41/4 to 1/21/2 depending on children).
      • Free Portion: Remainder that can be willed to anyone.
    • Disinheritance (Arts 915–923): Depriving a compulsory heir of legitime for legal causes (e.g., attempt on life, maltreatment, groundless accusation of crime).
    • Intestate Succession (Arts 960–1014): In default of a will. Follows descending line, then ascending, then survivors (spouse, illegitimate children, collateral relatives).
    • The State (Art 1011): Inherits in default of all other persons.

BOOK IV: OBLIGATIONS AND CONTRACTS

  • Obligations (Arts 1156–1230):
    • Sources: Law, contracts, quasi-contracts, crimes, quasi-delicts.
    • Delay (Art 1169): Debtor incurs delay from time of demand.
    • Liability (Art 1170): Damages for fraud, negligence, or delay.
  • Extinguishment of Obligations (Art 1231): Payment, loss of thing, condonation, confusion, compensation, or novation.
  • Contracts (Arts 1305–1422): Meeting of minds to give or render service.
    • Requisites: Consent, Object, Cause.
    • Void Contracts (Art 1409): Illegal, simulated, or prohibited by law; cannot be ratified.
  • Sales (Arts 1458–1637): Transfer of ownership for a price certain.
    • Equitable Mortgage Presumption (Art 1602): If price is unusually inadequate or vendor remains in possession.
    • Conventional Redemption: Period cannot exceed 1010 years by agreement, or 44 years without.
  • Leases (Arts 1642–1712): Max duration: 9999 years. Includes special rules for household service and labor.
  • Common Carriers (Arts 1732–1766): Bound to observe extraordinary diligence for cargo and passenger safety. Presumed negligent in case of death/injury/loss.
  • Partnership (Arts 1767–1867): Common fund for profits. Capital of 3,0003,000+ needs public instrument/registration.
  • Agency (Arts 1868–1932): Representation of another. Special Power of Attorney required for acts of strict dominion (e.g., selling land).
  • Loans (Arts 1933–1961):
    • Commodatum: Non-consumable, essentially gratuitous, bailor retains ownership.
    • Mutuum: Money/consumable, ownership passes to borrower, interest must be willed in writing.
  • Damages (Arts 2195–2235):
    • Actual: Pecuniary loss duly proved.
    • Moral: Physical/mental suffering.
    • Nominal: Vindicate a right.
    • Temperate: Pecuniary loss but hard to prove exact amount.
    • Liquidated: Pre-agreed in contract.
    • Exemplary: Corrective/example for public good.
  • Quasi-delicts (Arts 2176–2194): Liability for fault/negligence absent a contract. Vicarious liability for parents, guardians, employers, and the State.
  • Preference of Credits (Arts 2236–2251): Order of priority for claims against a debtor's property (e.g., taxes and laborers' wages are high priority).