CIVIL CODE OF THE PHILIPPINES
ARTICLE 1 - Act will be known as the Civil Code
of the Philippines
ARTICLE 2- Laws shall take effect after fifteen
days (15) following the completion of their
publication in the Official Gazette, unless
otherwise provided. This Code (Civil Code) shall
take effect one year after publication.
1950 Civil Code of the Philippines took
effect on August 30, 1950. Article 2 was
expressly amended by E.O 200, dated June
18, 1987 issued by President Corazon
Aquino.
E.O 200
Due to publication problems raised by
Tañada v. Tuvera, when it observed that
“there is much to be said of the view that
the publication need not be made in the
Official Gazette, considering its erratic
release and limited readership”. It was also
observed that “undoubtedly newspapers of
general circulation could better perform the
function of communicating the laws of the
people as such periodicals are more easily
available, have a wide circulation could
perform the function of communicating the
laws to the people as such periodicals are
more easily available, have a wide circulation
and came out regularly
According to E.O 200 issued by President
Corazon Aquino, article 2 will be amended
contending that laws to be effective must be
published either in the Official Gazette or in
a newspaper of general circulation in the
country. It shall take effect after fifteen (15)
days following the completion of their
publication either in the Official Gazette or in
a newspaper of general circulation, unless
otherwise provided.
EFFECTIVITY OF LAWS
When statute does not explicitly provide for
its effectivity, it shall have effect only after
the expiration of the 15 day period following
the completion of its publication either in an
Official Gazette or newspaper of general
circulation in the Philippines.

However, no publication is
required of the instructions issued
by [e.g.,]
 Minister of Social Welfare
on the case studies to be
made in the petitions for
adoptions or the rules laid
down by the head of
government agency on the
assignments or workload
of his personnel or the
wearing
of
office
uniforms.

Municipal ordinances are not
covered by this rule but by LGC
(Local Government Code)
 If law provides for a different
period shorter or longer than the
15-day period by Section 1 of the
Executive Order NO. 200, then
such shorter or longer period, as
the case may be, will prevail.
Effectivity provision refers to all
statutes including those local and
private laws, unless there are
special laws providing a different
effectivity
mechanism
for
particular statutes.
NEWSPAPER
OF
GENERAL
CIRCULATION (NOGC)
Jurisprudence: Metropolitan Bank and Trust
Company v. Peñafiel et.al
Requisites:to be a newspaper of general
circulation (DIBONPUAT)

It is published for the dissemination
of local news and general
information
It has a bonafide subscription list of
paying
subscribers
(HOW
MANY?) 1000
It has published at regular intervals
Must be available to the general
public and not just to a select few
chosen by the publisher. Otherwise,
the precise objective of publishing the
notice of sale in the newspaper will
not be realized.
INTERNET PUBLICATION
(Gracillan v. House of Representatives)
Although E-Commerce Law recognizes the
admissibility in evidence (for their being the
original) of electronic data messages and or/
electronic documents, it does not make the
internet a medium for publishing laws,
rules and regulations.
ARTICLE 3- Ignorance of the law excuses no one
from compliance therewith.

This legal precept is founded
not only on expediency and policy
but also on necessity (Zulueta v.
Zulueta)
 It is a conclusive presumption
that every person knows the law when law is passed by congress,
approved by the president,
published in the newspaper of
general
circulation
and
consequently effective through its
effectivity clause.
WHAT LAWS ARE APPLICABLE IN
ARTICLE 3?
 All kinds of domestic laws
whether civil or penal (De Luna
v. Linatoc)
Whether substantive or
remedial (Zulueta v. Zulueta) for reasons of expediency, policy
and necessity
 Only applies to Mandatory
and Prohibitory Laws
Mandatory Laws -laws that are imperative
and impose a duty upon those covered by the
law. Generally, these laws contain the
words “shall” or “must.” Acts contrary to
mandatory laws are void, unless there is an
exception in the law.
Prohibitory Laws - laws that forbids
something
ARTICLE 4 - Laws shall have no retroactive
effect, unless contrary is provided
NON-RETROACTIVITY OF LAWS
 Laws have no retroactive
effect unless the contrary is
provided - law looks at the future
unless legislature may have given
the effect of some legal provisions
and that statues be construed
as having only prospective
operation.
 Retrospective effect be givenexpressly declared or necessarily
implied
(RETROACTIVE
APPLICATION)
 In case of doubt, the same
must be resolved against the
retrospective effect.
Instances
wherein
law
is
given
RETROACTIVE APPLICATION
 Law expressly provides for
retroactivity
 When the law is curative or
remedial - curative laws are not
within constitutional inhibitions
or retrospective legislation.

When
law
is
penal
in character and favourable to the
accused
Article 5 - Acts executed against the provisions of
mandatory and prohibitory laws shall be void,
except when the law itself authorizes their
validity.
Mandatory Laws -laws that are imperative
and impose a duty upon those covered by the
law. Generally, these laws contain the
words “shall” or “must.” Acts contrary to
mandatory laws are void, unless there is an
exception in the law.
 prescriptive periods provided
by law for filing particular suits
are mandatory in nature.
Prohibitory Laws - laws that forbids
something
Article 7- Laws are repealed only by
subsequent ones, and their violation or nonobservance 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.
(5a)
Repeal of a law is a legislative act of
abrogating through subsequent ones, and
their violation or non-observance shall not be
excused by disguise or custom, or practice to
the contrary.
Repeal could either be
Article 6 - Rights may be waived, unless the
waiver is contrary to law, public policy,
morals or good customs or prejudicial to a
third person with a right recognized by law.
Implied – When a new law contains
provisions contrary to or inconsistent with
those former without expressly repealing
them.
What is a waiver?
-it as in intentional relinquishment of a
known right.
Requisites of a valid Waiver: (Consti Law II
yarn? HAHA)
Expressed- literally declared by a new law,
either in specific terms as where particular
laws and provisions are named and identified
and declared to be repealed; where a
provision in a new law declares all laws and
parts of laws inconsistent therewith to be
repealed.

Right might be in existence at
the time of the waiver
 Must be exercised by a duly
capacitated
person
actually
possessing the right to make the
waiver.
 Right is waived
PROHIBITION AGAINST WAIVER
(LAWPUBOR-PUBPO-MOGO)
Rights cannot be waived if it is contrary to LAW, PUBLIC ORDER, PUBLIC POLICY,
MORALS OR GOOD CUSTOMS
PARTIAL UNCONSTITUTIONALITY –
The valid part must be so far independent so
that it can be separated from the invalid.
ARTICLE 8 - Judicial decisions applying or
interpreting the laws or the Constitution shall
form part of the legal system of the
Philippines.
JUDICIAL
CONSTRUCTION
AND
INTERPRETATION - Courts have the
principal function of not only resolving legal
controversies but also interpreting and
constructing vague provisions of a law
relative to a particular dispute.
Construction – art or process of discovering
and expounding the meaning and intention of
the authors of the law with respect to its
application of the authors of the law with
respect to its application of a given case.
Intention -rendered doubtful among others
by reason of the fact that the given case is not
explicitly provided for in the law.
Effect of Judicial Decision – Judicial
decisions applying and interpreting the law
shall form part of the legal system of the
Philippines (E.x. Tan Andal case)
-Judicial decisions although not laws, assume
same authority as the statute itself until
authoratively abandoned (Jurisprudence)
“Legis interpretation legis vim obtinet” – the
interpretation placed upon the written law by
a competent court has the force of the law.
However in People v. Jabinal - doctrine of
court is overruled and a different view is
adopted, the new doctrine should be applied
prospectively.
In People v. Licera , where new doctrine
abrogates an old rule, the new doctrine should
operate prospectively only and should not
adversely effect those favored by the old rule
especially those who relied thereon and acted
on the faith thereof
Apiag v. Cantero – judge entered into a
second marriage contract in 1986 without
having his first void marriage judicially
declared a nullity, the said contract cannot be
the basis of administrative liability against
the judge for immorality because during that
time, the subsequent marriage of the judge
was solemnized before the Supreme Court
decided the case of Weigel v. Sempio-Diy,
declaring that there was a need for Judicial
Declaration of Nullity of a void marriage.
ARTICLE 9. No judge or court shall decline to
render judgment by reason of the silence,
obscurity or insufficiency of the laws.
Judges are tasked with the dispensation of
justice in accordance with the constitutional
precept that no person shall be deprived of
life, liberty and property w/o due process of
law – Even w/o an existing law, judgement
should be rendered.
In a case where the law does not provide the
middle name of a child adopted by her
illegitimate father, SC ruled that the adopted
child can nevertheless use the surname of
biological mother because “It is a Filipino
custom” that a child uses as middle name the
surname of the mother (In the Matter of the
Adoption of Stephanie Astorga Garcia,
Honorato B. Catindig)
Court cannot engage in judicial legislation
myth was exploded under the auspices of
Article 9 of the Civil Code“No judge or court shall decline to render
judgment by reason of the silence, obscurity or
insufficiency of the laws. (Floresca v. Philex
Mining Corporation)
ARTICLE 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.
When the law is clear, it must be applied
according to its unambiguous provisions. It must
be taken devoid as it is devoid of Judicial addition
and subtraction.
If there is ambiguity in the law, interpretation of
the law requires fidelity of the legislative
purpose. What Congress intended is not to be
frustrated. Its objective must be carried out. Even
if there be doubt as to the language employed, the
interpretation should not be at war with the end
sought to be attained.
ARTICLE 11. Customs which are contrary to
law, public order or public policy shall not be
countenanced. (n) [not acceptable]
Year – 12 calendar months
Month – 30 days (unless it refers to a specific
calendar month in which it shall be computed
according to the number of days the specific
month contains (Ex. Feb, 28-29 days)
Day – 24 hrs.
ARTICLE 12. A custom must be proved as a fact,
according to the rules of evidence.
Night – from sunrise to sunset
Custom -rule of conduct formed by repetition
of acts, uniformly observed (practiced) as a
social rule, legally binding and obligatory.
Calendar month – a month designated in the
calendar without regard to the number of
days it may contain.
It must be proved as a fact according to the
rules of evidence. A local custom as a source
of right cannot be considered by a court of
justice unless such custom is properly
established by competent evidence like any
other fact.
It is the period of time running from the
beginning of a certain numbered day up to,
but not including, the corresponding
numbered day of the next month, and if there
is not a sufficient number of days in in the
next month and if there is not a sufficient
number of days in the next month, then up to
and including the last day of the month
Juridical custom must be differentiated from
social custom.
To illustrate:
Custom, even if proven, cannot prevail over
a statutory rule or even legal rule enunciated
by SC. (In the Matter of the Petition for
Authority to Continue of the Firm name
“Ozaeta, Romulo, etc.)
One calendar month from December 31,
2007 will be from Jan, 1 2008 to Jan 31, 2008
; one calendar month from Jan 31, 2008 from
February 1, 2008 until Feb. 29, 2008.
ARTICLE 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 twentyfour hours; and nights from sunset to sunrise.
ARTICLE 14. Penal laws and those of public
security and safety shall be obligatory upon
all who live or sojourn in Philippine territory,
subject to the principles of public
international law and to treaty stipulations.
If months are designated by their name, they
shall be computed by the number of days
which they respectively have.
OBLIGATORY FORCE OF PENAL LAWS
– Citizens and foreigners are subject to
Penal laws and all other laws designed to
maintain public security and safety.
In computing a period, the first day shall be
excluded, and the last day included. (7a)
ARTICLE 13 WAS REPEALED
Administrative Code of 1987 –
by
 Liability for any violation of the said
laws will even attach regardless of
whether a foreigner is merely
sojourning the Philippines.
EXCEPTION:
Foreigners may be liable for committing
offenses in violation of Penal laws of those of
public security and safety HOWEVER they
may be IMMUNED from suit and therefore
cannot be criminally prosecuted in the
Philippines because the Phils. waived
criminal jurisdiction over them on basis of
the principle of the international law.
Under 1961 Vienna Convention on
Diplomatic Relations of which Philippines is
signatory – the person of the diplomatic agent
shall be inviolable and he shall not be liable
to any form of arrest or detention (Art. 29 of
Vienna Convention) He shall enjoy immunity
from criminal jurisdiction of the receiving
state.
 Art.1 Diplomatic Agent – Head of the
mission or member of the diplomatic
staff of the mission.
 Heads of other state visiting in the
Philippines are immune from
Philippine criminal jurisdiction. (Na
ani Article 2 sa RPC)
ARTICLE 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. [Nationality Rule]
Nationality Rule – Regardless of where a
Philippine citizen maybe, he/she will be
governed by Philippine laws with respect to
family rights, status, condition and legal
capacity
Absolute divorce
obtained on
marriages of
Filipino to Filipino
abroad.
Not recognized in the
Philippine law (They are
still married in the eyes of
Philippine Laws because
Philippines does not
recognize Absolute
Divorce)
Absolute divoce
obtained on
marriages of
Filipino to a
Foreigner
Recognized under
Philippine law
In Del Socorro v. Van Wilsen – SC ruled on
the basis of Article 15, foreigner whose
country’s law does not require support for
children will generally be followed. However
if a suit is filed in the Philippines, such
foreigner has to plead and prove such foreign
law. Otherwise because of the Processual
presumption rule, Philippine Law will be
considered the same as the foreign law.
Foreigner will be required to support the
child in the Philippines.
KARL WILLIAM YUTA MAGNO
SUZUKI
A.KA YUTA HAYASHI- Petitioner VS.
OFFICE OF THE SOLICITOR GENERAL,
respondent Ponente: INTING, J
FACTS: Petitioner, Karl William Yuta Magno
Suzuki a.k.a Yuta Hayashi seeks to reverse the
RTC decision of dismissing his petition for
Judicial Recognition of Foreign Adoption
Decree.
Petitioner's parents were Sadao Kumai Suzuki
Father (Japanese), Ms. Lorlei Lopez MagnoMother (Filipino) who got divorced and
Magno, his mom married another Japanese
national, Mr. Hikaru Hayashi.
-Petitioner was adopted by Hikaru Hayashi
under Japanese Law.
Previous RTC Decision: Motion to further
proceedings was DENIED for lack of merit.
Petition was Dismissed
Reasons for Dismissal: The petition was
contrary to the ff Laws: • EO 91 • RA 8043
(Inter-Country Adoption Act of 1995) • RA
8552 -Petitioner filed for a motion of
consideration for the said petition but was
again, denied.
ISSUE: WON The RTC decision of dismissing
the petition for Judicial Recognition of Foreign
Adoption Decree by Yuta Hayashi can be
reversed.
RULING: RTC dismissal of the Petition was
erroneous. Petition for reversing the RTC
dismissal decision was GRANTED.
It emphasized that there are two parties
involved in the adoption, the adoptor and
adoptee. Lower court failed to consider that
Hayashi, the adopter was a Japanese
Citizen. Eventhough abroad, owing to the
Nationality principle, Philippine laws are
binding on the petitioner.
HOWEVER, with respect to the case of
Hayashi, a Japanese citizen – Philippine courts
are precluded from deciding on his “family
rights and duties or in his status condition and
legal capacity” concerning the foreign
judgement adoption obtained by Hayashi, it is
proven that Philippine courts are limited to the
determination of whether to extend its effect to
petitioner, the Filipino party.
For Philippine courts to judicially
recognize a foreign judgement relating
to status of an adoption where one of
the parties is a citizen of a foreign
country, the petitioner only needs to
prove the foreign judgement as a fact
under the Rules of Court.
ARTICLE 16. Real property as well as personal
property is subject to the law of the country where
it is situated.
However, intestate and testamentary successions,
both with
o
o
o
respect to the order of succession and to
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.
LAW GOVERNING REAL PROPERTIES –
The law of the country where the real property is
situated.
HOWEVER, with respect to the order of
succession, and the amount of successional
rights, whether intestate or testamentary
succession, they shall be regulated by the
National Law of the deceased. This is applicable
REGARDLESS of the nature of the property.
In Miciano v. Brimo where a Turkish citizen
made out a last will and testament providing that
his property shall be disposed pursuant to
Philippine Laws, SC ruled that it is void applying
Nationality Rule. (Turkish Law > Philippine
Law)
Legal Jargons:
Testate- Valid will before one dies.
Executor- person named in a will or appointed
by a court to wind up the persons financial
affairs after death.
The one who takes care of property, paying
bills and taxes and seeing to it that assests are
transferred to new rightful owners.
Project of Partition- A document prepared by
the executor or administrator setting forth the
manner in which the estate of the deceased is to
be distributed among the heirs.
RULING: SC ruled that the Texas Law must be
applied
Amor Bellis, executed a will in the Philippines
in which he directed that after all his bill, taxes,
other
obligations,
and
expenses
of
administration are paid, his distribute estates
should be divided to his wife, illegitimate and
legitimate sons and daughters.
Court Justification of Rulings: • The parties did
not submit the case on or discuss the Doctrine
of renvoi. (Legal Doctrine which applies when
the court is faced with a conflict of Law and
must consider the Law of another state, referred
to as Private International Law) given that there
is a conflict of Laws between Philippine Law
and Texas Law.
• Appellants would also point out that the
decedent executed two wills, one to govern his
Texas Estate and the other his Philippine estate.
Arguing that the Philippine Law would govern
his Philippine will but his national law cannot
be ignored in regard to those matters that Art.
10 now Art. 16 of the Civil Code states said
national law should govern.
• The intrinsic validity of the provision of the
will and amount of successional rights are to be
determined under Texas Law, the Philippine.
Law of Legitimes cannot be applied on the
testacy of Amos G. Bellis.
Amor G. Bellis died a resident of San
Antonio, Texas.




Executor, paid bequests (gifts that are
made as part of the will) including all
amounts in the form of stocks to his
wife and 3 illegitimate children.
Executioner submitted its Executer's
Final
Account,
Report
of
Administration and Project of Partition.
Previous Lower court decision: Issued
an order overruling the opposition and
approving the Executor's Final
Account, Report and Administration
and Project of Partition. Reasons of the
overrule:
They relied upon the Art. 16 of Civil
Code (Real property and as well as
personal property is subject to the law
of the country where it is situated)
applying the National Law of the
decedent (deceased) which in this case
is Texas Law which did not provide for
the legitimes (compulsory heir
recieves) -Motions of reconsideration
of Apellants was denied by lower
courts.
ISSUE: Which Law must be applied in the said
testacy dispute, whether Philippine Law or
Texas Law.
ARTICLE 1039 – Capacity to succeed is
governed by the law of the nation of the
decedent
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.
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.
EXTRINSIC VALIDITY – Law provides clearly
that the forms and solemnities of public
instruments, wills and contracts shall be governed
by the laws of the country where they are
executed.
Thus, if in Japan it is required that for a
holographic will to be valid, the date thereof need
not to be in the handwriting of the testator “then”
such will is valid even under Philippine Laws.
ACTS
BEFORE
DIPLOMATIC
CONSULAR OFFICIALS
AND
PROHIBITIVE LAWS under our law,
concerning persons, 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 judgements promulgated
or determinations or conventions agreed upon in
a foreign country
Thus when a Filipina wife who obtained an
absolute divorce abroad against his/her Filipino
spouse will remain in the eyes of the Philippine
law, married.
Diplomatic and Consular officials are
representatives of the state. Hence, any act or
contract made in a foreign country BEFORE THE
DIPLOMATIC AND CONSULAR OFFICIALS
MUST CONFORM TO THE SOLEMNITIES
UNDER PHILIPPINE LAWS.
 Marriages between two Filipinos
solemnized by a consular official abroad
MUST be made following the Philippine
Laws. Issuance of ML and duties of local
civil registrar and solemnizing officers
with regards to marriages will be
solemnized by a consul-general, consul
or vice-consul abroad.
In the case of Del Socorro v. Van Wilsen – SC
ruled on the basis of Article 15, foreigner
whose country’s law does not require support
for children will generally be followed.
However if a suit is filed in the Philippines,
such foreigner has to plead and prove such
foreign law. Otherwise because of the
Processual presumption rule, Philippine Law
will be considered the same as the foreign
law. Foreigner will be required to support the
child in the Philippines.
However in this article, SC did not approve
of the Nationality rule raised by the foreigner
for a reason that “When a foreign law,
judgement or contract is contrary to a sound
and established public policy of the forum,
the said foreign law, judgement or order
SHALL NOT BE APPLIED.
In case of contrary to public policy: Foreign
law < Philippine Law
Injustice:
Foreign Law < Philippine Law
o Foreign law should not be applied
when its application would work
undeniable injustice to the citizens or
residents of the forum.
ARTICLE 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.
SUPPLETORY NATURE – law clearly
provides that in matters which are governed
by the Code of Commerce or by Special laws,
any deficiency in the latter shall be supplied
by the provisions of the Civil Code.
CHAPTER 2
Human Relations
ARTICLE 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.
Every person in the exercise of his rights and
in the performance of his duties



Act with justice
Give everyone his due
Observe honesty and Good faith
Articles 19, 20, 21 – enunciates the “abuse of
right” doctrine.
Elements of an abuse of right under Art. 19
are the ff:
(a) There is a legal right or duty
(b) Which is exercised in bad faith
(c) For the sole intent of prejudicing or
injuring another
To be liable for damages under Article
19, there MUST be a showing of BAD
FAITH
BAD FAITH – state of ill-will to intently
cause wrongful act.
ARTICLE 20. Every person who, contrary to
law, wilfully or negligently causes damage to
another, shall indemnify the latter for the
same.
INDEMNIFICATION OF DAMAGES
ARTICLE 21. Any person who wilfully
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.
Contra bonus mores
(1) There is an act which is legal
(2) But which contrary to morals,
good customs, public order, or
public policy
(3) Done with intent to injure