Chapter 1 EFFECT AND APPLICATION OF LAWS Official Gazette, unless

otherwise stated.
Article 1. This Act shall be known as the
Civil Code of the Philippines. o The Civil Code itself took
effect on August 30, 1950,
one year after publication.
2. Amendment by Executive Order
1. Title of the Law: No. 200 (1987):
o The law is officially known as o Issued by President
the Civil Code of the Corazon Aquino on June
Philippines. 18, 1987.
o Republic Act No. 386 is the o Amended Article 2 to allow
official designation. publication in either the
2. Drafting Body: Official Gazette or a
o The Roxas Code newspaper of general
Commission was circulation.
responsible for drafting the o Laws shall take effect 15
Civil Code. days after such
o Created by Executive Order publication, unless a
No. 48 dated March 20, different effectivity date is
1947, by President Manuel provided.
Roxas. 3. Reason for the Amendment:
3. Members of the Commission: o Tanada v. Tuvera (1986)
o Chairman: Dr. Jorge C. highlighted issues with
Bocobo relying solely on the Official
o Members: Judge Guillermo Gazette, such as delayed
B. Guevarra, Dean Pedro Y. release and limited reach.
Ylagan, Francisco R. o Newspapers are more
Capistrano accessible and reliable in
o Arturo M. Tolentino reaching the general public.
(initially a member, later 4. Purpose of Publication:
resigned upon being elected o Publication ensures due
congressman) process by informing the
o Replacement: Dr. Carmelino public of the laws that will
Alvendia govern them.
4. Timeline: o Without publication, a law
o The Commission started its cannot be enforced.
work on May 8, 1947. 5. Interpretation of “Unless
o They completed the draft on Otherwise Provided”:
December 15, 1947. o This phrase refers only to the
o The Civil Code (RA 386) 15-day period, not to the
was passed by the Senate requirement of publication.
and House of o Publication is always
Representatives on required unless exempt
January 26, 1949. under specific exceptions.
5. Purpose of RA 386: 6. Coverage of the Rule:
o To ordain and institute a o Applies to all statutes,
unified body of civil laws including:
governing private relations in  Presidential decrees
the Philippines.  Executive orders
 Administrative rules
meant to enforce the
Article 2. Laws shall take effect after law
fifteen days following the completion of  Local and private laws
their publication in the Official Gazette,
unless it is otherwise provided. This Code o Exemptions:
shall take effect one year after publication.  Internal or
interpretative
1. Original Provision (Civil Code regulations (e.g., office
Article 2): memos, dress codes).
o Laws take effect 15 days  Municipal ordinances
after publication in the (governed by the Local
Government Code).
 7. Effectivity Timing: Published properly
o If a law provides a different (Official Gazette or
period (shorter or longer newspaper of general
than 15 days), that period circulation)
prevails.  Effective as per the
o If a law states it is “effective law or general rule
immediately,” it becomes 5. Limitations:
effective right after o Only applies to mandatory
publication, skipping the and prohibitory laws
15-day wait. (Consunji v. CA).
o Does not excuse individuals
even if they had no actual
knowledge of the law.
💡 Core Concepts: 6. Purpose and Rationale:
o Ensures order, stability,
 Due Process: Citizens must be and predictability in
informed of laws before being society.
bound by them. o Prevents people from using
 Publication as a Condition ignorance as a defense to
Precedent: A law is not validly escape legal responsibility.
effective without proper o Promotes legal awareness
publication. and the importance of due
 Public Access to Law: Laws must publication for laws.
be published in widely accessible 7. Connection to Due Process:
media to be enforceable. o Reinforced by Tanada v.
 Judicial Doctrine: The Tanada v. Tuvera: laws must be
Tuvera ruling strongly affirms the published before they can
necessity of publication and bind the public.
clarifies its scope. o Without proper publication,
Article 3 cannot apply, as
Article 3. Ignorance of the law excuses no there would be no
one from compliance therewith. (2) constructive notice.
1. Article 3 Provision:
o "Ignorance of the law
excuses no one from 💡 Core Concepts:
compliance therewith."
2. Legal Doctrine:  Constructive Notice: Once a law
o Known as “Ignorantia legis
is published, all citizens are
non excusat” — Latin for presumed to know it.
"ignorance of the law  Legal Certainty: No one can use
excuses no one." ignorance as a valid legal defense.
o It is a conclusive
 Due Process: A law cannot bind
presumption that everyone people unless it has been duly
knows the law once it is duly made known through publication.
passed, published, and  Rule of Law: Legal norms apply
effective (Tanada v. uniformly to all, regardless of one’s
Tuvera). knowledge or awareness.
3. Basis in Jurisprudence:
o Upheld in multiple cases: Article 4. Laws shall have no retroactive
 Zulueta v. Zulueta effect, unless the contrary is provided. (3)
 U.S. v. Gray
 U.S. v. Deloso 1. General Rule: Non-
 Delgado v. Alonso retroactivity of Laws
 Consunji v. CA
 Tanada v. Tuvera  Article 4 states: “Laws shall have
4. Conditions for Applicability: no retroactive effect, unless the
o The law must be: contrary is provided.”
 Passed by Congress  Laws are presumed to apply
 Signed by the prospectively, not to past actions
President or events.
  If a law is to apply retroactively, 💡 Core Concepts:
that intent must be:
o Expressly stated in the law,  Prospective Effect of Laws: By
or default, laws only apply moving
o Clearly implied from its forward from their effectivity date.
language.  Retroactive Laws: Must be clearly
intended by the legislature to look
2. Purpose of the Rule backward.
 Vested Rights: Rights already
 Ensures legal stability and acquired cannot be impaired by
fairness. new laws.
 Prevents harm to vested rights  Curative Laws: Enacted to fix
and ongoing legal relationships. errors in previous legal actions or
 Interprets legislative silence as laws, legitimizing what was once
intent not to apply defective.
retroactively.  Procedural Laws: Affect legal
processes and may apply to
3. When Retroactive Application ongoing or future proceedings.
is Allowed:  Penal Laws (Favorable to
Accused): Applied retroactively to
Retroactivity may be allowed in these benefit the accused, unless they
exceptions: are habitual offenders.

Article 5. Acts executed against the provisions of

No mandatory or prohibitory laws shall be void, except
Exception Explanation
. when the law itself authorizes their validity. (4a)
MANDATORY AND PROHIBITORY LAWS. A
Law clearly states it mandatory provision of law is one the
Express
applies retroactively omission of which renders the proceeding or
1 provision in
(e.g., Article 256 of the acts to which it relates generally illegal or
the law void. Thus, prescriptive periods provided by
Family Code).
the law for filing particular suits are
Intended to correct mandatory in character. For instance, the
Curative or
defects in prior acts Family Code provides, among others, that the
2 remedial
without impairing rights husband, in order to impugn the legitimacy of
laws a child, must file a case within one year from
(e.g., DBP v. CA).
the knowledge of the birth of the child or its
Generally apply to recording in the civil register, if he should live
Procedural pending and future within the same municipality where the birth
3 laws cases; do not affect took place or was recorded. Should the
husband file the case beyond the one-year
substantive rights.
period, such case will be dismissed.
Article 22, Revised
Penal laws Penal Code: Favorable
favorable penal laws apply even
4 1. General Rule:
to the if conviction is final
o Acts that violate mandatory
accused (unless accused is a
or prohibitory laws are void,
habitual delinquent).
meaning they have no legal
effect.
4. Judicial Support o This applies unless the law
itself allows such acts to be
 Backed by many decisions (e.g., considered valid despite the
Buyco v. PNB, Espiritu v. Cipriano, violation.
People v. Licera). 2. Mandatory Laws:
 Supreme Court clarifies that o These are laws that require
curative laws and procedural certain actions to be done in
laws are exceptions. a specific way or within a
 Even registration laws may apply set time.
to older deeds if reasonable o Non-compliance generally
safeguards are provided. makes the act void or
invalid.
o Example: The Family Code
requires a husband to file a
petition questioning a child’s
legitimacy within one year.
 If not done within this period, 2. Definition of Waiver:
the right is lost, and the act is o A waiver is the intentional
invalid. giving up of a known legal
3. Prohibitory Laws: right.
o These laws contain negative o It can be made through:
commands, indicating that  Explicit statements
an act must not be done, (express waiver), or
or must be done only in a  Actions that clearly
certain way. show the intent to
o Violation renders the act null waive the right.
and void. 3. Requirements for a Valid
o Example: The Family Code Waiver:
prohibits legal separation o The right must exist at the
based on stipulated facts time of waiver.
or confession of judgment o The person waiving the
—if done this way, the decree right must be capable of
is void. doing so (i.e., with legal
4. Exception: capacity).
o If the law expressly states o The person must have full
that even acts contrary to its knowledge of the right and
mandate are valid, such acts its consequences.
are not void. o The waiver must be clear
o The law itself may and intentional.
authorize exceptions to 4. Limitations on Waiver:
general invalidity rules. o Not valid if made:
 Against the law,
 If it violates public
interest,
💡 Core Concepts:  If it offends
morals/customs, or
Concept Explanation  If it harms third
A law requiring strict persons whose rights
Mandator compliance; failure to are recognized by law.
y Law comply renders acts void 5. Waiver and Mistake:
(e.g., deadlines, procedures). o A waiver made due to lack
A law stating what must not of knowledge, mistake, or
Prohibitor misunderstanding is not
be done; violating it nullifies
y Law valid.
the action.
o There must be awareness of
An act that produces no
the right being given up and
Void Act legal effect; it is as if it
the consequences of that
never happened.
decision.
When a law clearly
Legal authorizes a violative act to
Exception still be valid and
enforceable.
Article 6. Rights may be waived, unless 💡 Core Concepts Table:
the waiver is contrary to law, public policy,
morals or good customs, or prejudicial to a
third person with a right recognized by
Concept Explanation
law. Voluntary giving up of a
Waiver legal right with full
1. General Rule on Waiver: awareness and intent.
o Rights can be waived, but Express A waiver made through
only if the waiver does not: Waiver clear, direct statements.
 Violate the law, A waiver inferred from a
 Contradict public Implied person's actions that
policy, Waiver clearly indicate
 Offend morals or relinquishment of a right.
good customs, or Limitations A waiver is invalid if it
 Harm another person violates the law, public
with a legally policy, morals, or harms
recognized right.
 Concept Explanation Private rights may
o
third-party rights. generally be waived.
The person must know o However, rights involving
Validity their right, be capable of public morality, liberty, or
Requirement waiving it, and make the welfare (e.g., marriage,
s decision knowingly and employment, land reform)
intentionally. cannot be waived even by
mutual agreement.
1. Waivers are not absolute 6. Example on Marriage and
o A person cannot validly Morals:
waive a right if the waiver o A spousal agreement
is: allowing adultery or
 Contrary to law concubinage is void
 Against public order because it is against public
 Violative of public interest and morality,
policy even if both parties consent.
 Contrary to morals
or good customs
 Prejudicial to a third
party whose right is 💡 Core Concepts Table:
recognized by law
2. Supreme Court's position Concept Explanation
(Gongon v. CA, 32 SCRA 412): Waivers that go against
o The preferential right of a Prohibited law, public order/policy,
tenant to purchase public Waivers morals, or third-party rights
land under are invalid.
Commonwealth Act No. Refers to societal interests
539 is based on public policy. Public upheld by the law; rights
o Such right cannot be Policy granted under this cannot
waived, and any attempted be waived.
waiver is void. Legal Compensation rights are
o This reinforces that Protection non-waivable even with
statutory rights granted for documents like receipts or
to serve public welfare Workers payouts.
cannot be surrendered Rights created for public
through private Social welfare (e.g., land
agreements. Justice distribution) are not
3. Public Policy and Social Justice: Laws subject to private
o Laws like Commonwealth Act waivers.
No. 539 exist to uplift the Any agreement violating
landless and promote Morality
moral standards or
social justice, in line with and
undermining social
constitutional principles. Marriage
institutions is void.
o These objectives serve
public interest, so any Article 7. Laws are repealed only by
waiver contrary to these subsequent ones, and their violation or
goals is null and void. non-observance shall not be excused by
disuse, or custom, or practice to the
4. Labor Protection Cases: contrary.
o Signing a satisfaction When the courts declare a law to be
receipt by an injured worker inconsistent with the Constitution, the
former shall be void and the latter shall
is not a valid waiver of govern.
legal compensation rights Administrative or executive acts,
(Franklin Baker Co. v. orders and regulations shall be valid only
Alillana). when they are not contrary to the laws or
the Constitution.
o Accepting benefits like
separation pay does not
1. Laws are repealed only by
estop an employee from
subsequent laws.
contesting illegal dismissal
o A law cannot be repealed or
(San Miguel v. Cruz).
modified by:
5. General Rule on Waivability of
 Disuse
Rights:
  Custom  They conform to the
 Contrary practice law and Constitution.
o Only a later law passed by  They are issued
Congress can repeal an under lawful
existing one. authority and follow
2. Types of Repeal: proper procedures.
o Express Repeal: Clearly o Agencies cannot extend or
stated in the new law (e.g., amend a statute by
"Law X is hereby repealed"). regulation (U.S. v. Tupasi;
o Implied Repeal: Arises Teoxon v. Board of
when the provisions of a Administrators).
new law conflict with an
earlier one, even without
explicitly stating the repeal.
 Implied repeals are not 💡 Core Legal Concepts:
favored and must be
clearly established Concept Explanation
(Quimsing v. Lachica). The legislative act of
 General laws do not annulling an existing law.
repeal specific laws Repeal
Can be express or
unless expressly implied.
intended (Manila Occurs when a newer
Railroad Co. v. Implied law is inconsistent with a
Rafferty). Repeal prior one, even without
3. Unconstitutional Laws: (Disfavored) saying so directly. Must
o A law inconsistent with the be clear.
Constitution is void.
Any statute that violates
o Courts have the power to Supremacy of
the Constitution is void;
strike down the
the Constitution is the
unconstitutional laws, and Constitution
supreme law.
the Constitution shall govern
If parts of a law are
(Floresca v. Philex Mining
unconstitutional, the rest
Corp.). Severability
may survive if
o Presumption of Doctrine
separable and still
constitutionality: Courts
reflect legislative intent.
presume laws are valid
unless proven otherwise. Admin rules must be
o Subsequent events do not consistent with enabling
Administrativ
affect the constitutionality laws and constitutional
e Rule-
determined at the time of limits; agencies can't
Making
enactment (Gonzales v. expand or amend
COMELEC). statutes.
4. Partial Unconstitutionality: Laws are not repealed or
o If a portion of a law is invalidated by long-
Non-repeal
unconstitutional but standing custom or
by Custom or
severable, the remaining non-enforcement. Only
Practice
valid part may still be a subsequent statute can
enforced. do that.
o However, if the
unconstitutional part is
inseparable from the rest of ⚖️Key Case References:
the statute, the whole law
may be void (Lidasan v.  Quimsing v. Lachica – Implied
COMELEC, Barrameda v. repeals are not favored.
Moir).  Floresca v. Philex Mining –
5. Rules and Regulations Must Constitution overrides all statutes.
Align with Law and  Lidasan v. COMELEC – Entire
Constitution: statute falls if unconstitutional
o Administrative and parts are inseparable.
executive acts, rules, or  Teoxon v. Board of
orders are valid only if: Administrators – Administrative
 bodies must strictly comply with law, but clarifying what the
statutory and constitutional limits. law has always meant.
 Manila Railroad Co. v. Rafferty 5. Prospective application of new
– Special laws are not repealed by doctrines:
general laws unless the intention is o Exception to retroactivity:
clear. If a prior doctrine is
overruled, the new ruling
applies prospectively
Article 8. Judicial decisions applying or
interpreting the laws or the only.
Constitution shall form part of the legal o This protects those who
system of the Philippines, (n)
relied on the old doctrine
in good faith, especially in
1. Judicial decisions form part of criminal cases where fair
the legal system. notice is essential (People
o Article 8 declares that court v. Jabinal; People v. Licera).
decisions interpreting laws or o Example: Jabinal was
the Constitution become part absolved of criminal liability
of the Philippine legal because, at the time he
system, although they are acted, he was covered by
not laws themselves. then-prevailing doctrines that
o They bind future cases and were later overturned.
guide the interpretation 6. Application in administrative
and application of statutes cases:
(People v. Licera). o In Apiag v. Cantero, a judge
2. Judicial interpretation and who remarried based on the
construction: then-prevailing view (that a
o Courts not only resolve void marriage didn’t need a
disputes but also interpret judicial declaration of nullity)
vague or ambiguous was not held
provisions of law (Caltex, administratively liable.
Inc. v. Palomar). o This shows that even in
o Judicial construction helps administrative discipline,
determine the legislative reliance on prior
intent and ensure correct jurisprudence may shield
application of the law. from liability if the new
3. Binding force of Supreme Court doctrine came after the act.
rulings:
o Supreme Court decisions
are authoritative and Concept Explanation
binding (stare decisis). Courts clarify and
o Lower court decisions (e.g.,
apply laws,
by the CA or RTC) are Judicial
especially when
persuasive only (Secretary Interpretation
vague or
of Justice v. Catolico). ambiguous.
o Judges must follow
Legal doctrine
Supreme Court
where past judicial
interpretations of the law
Stare Decisis decisions are
(Albert v. CFI).
binding in future
4. Interpretation has
similar cases.
retrospective effect:
Decisions of the
o When the Supreme Court
Supreme Court
interprets a law, that
have the force of
interpretation is deemed Judicial Precedent
law; lower courts’
part of the law from the
decisions are
date the law was enacted
persuasive.
—not from the date the
decision was rendered Supreme Court
(People v. Licera). interpretation
Contemporaneou
o This reflects the idea that the reflects what the law
s Legislative
Court is not making new meant from the
Intent
time it was
enacted.
 Concept Explanation (Corpus v. Cabaluna, 55
New interpretations SCRA 374).
apply only to 4. Judicial legislation (in a limited
Prospective sense)
future cases, not
Application of o Although legislation is the
to those who relied
Overruled job of Congress, Article 9
on the old ruling (to
Doctrines implicitly acknowledges a
avoid injustice or
surprise). limited law-making
“The interpretation function of courts when
Interpretatio placed upon the law filling in legal gaps.
legis vim obtinet has the force of o In Floresca v. Philex
law.” Mining Corp., the Supreme
Article 9. No judge or court shall decline to Court noted that Article 9
render judgment by reason of the silence, explodes the myth that
obscurity
or insufficiency of the laws. (6) courts never legislate.
 Judges, by necessity,
1. Judges must not refuse to must sometimes
render judgment "legislate" in the sense
o Article 9 mandates that no of applying legal
judge or court may principles to
decline to decide a case unforeseen or
just because the law is uncovered situations.
silent, obscure, or  This is a pragmatic
insufficient. necessity, not a
o Even in the absence of clear usurpation of
statutory provisions, judges legislative power.
are duty-bound to decide,
using equity, justice, and
reason as guiding principles.
2. Judicial duty and equity 💡 Core Legal Concepts:
o In cases where the law is
lacking, courts may rely on Concept Explanation
natural law and equity to Courts must render a
Judicial Duty
resolve the matter justly. decision even if the law is
under Article
o Example: A wife's claim for silent, vague, or
9
reimbursement for her incomplete.
demolished paraphernal Judges may invoke
property was upheld even equitable principles like
though no law explicitly justice, fairness, and
provided for such Equity and
prevention of unjust
reimbursement, applying Natural Law
enrichment when
the equitable maxim: statutory law is
inadequate.
“No one should unjustly A Roman law maxim
enrich himself at the expense Jure naturae meaning: "It is by the law
of another.” aequum of nature fair that no one
(In re Padilla, 74 Phil. 377) est... should become richer
through another's loss."
3. Judicial reasoning over strict Interpretation is within
literalism the judiciary’s role;
o Courts are not to be Judicial
however, in cases of
restricted by a literal Interpretatio
legislative silence, courts
absence of statutory n vs.
may fill in gaps using
provision when basic Legislation
equitable principles, not
fairness and justice demand create new laws.
action. Judicial Though not lawmaking in
o A logical and reasoned
Legislation the legislative sense,
decision by a judge cannot (Qualified) courts are empowered to
be considered incompetent apply general legal
just because the law is vague principles to develop
 Concept Explanation 💡 Core Legal Concepts:
doctrine and resolve
unprovided-for cases. Concept Explanation
Each branch of Doubtful laws are
government has defined Presumption interpreted with the
Doctrine of roles; courts interpret law in Doubt presumption that justice
Separation of but must avoid making and right prevail.
Powers new law unless Clear vs. Clear laws are applied
absolutely necessary Ambiguous literally; ambiguous laws
to achieve justice. Laws require interpretation.
Article 10. In case of doubt in the
interpretation and application of laws, it is
Interpretation must align
presumed that the lawmaking body Legislative with what Congress
intended right and justice to prevail, (n) Intent intended and the law’s
objective.
1. Presumption in case of doubt Courts must avoid
o When there is doubt or Avoidance of
interpretations that lead
ambiguity in interpreting or Absurdity and
to unfair or absurd
applying a law, it is Injustice
results, even if literal.
presumed that the
Judges have a duty to
legislature intended
interpret laws so as to
justice and what is right Judicial Duty
fulfill legislative purpose
to prevail.
and uphold justice.
2. Clear laws must be applied as
written
o If the law is clear and
unambiguous, the court 🧠 Summary:
must apply it exactly as
written, without adding to or  Apply clear laws as written.
subtracting from its  If unclear, interpret to uphold
provisions. justice and legislative purpose.
o Interpretation or construction
 Reject literal interpretations
of the law comes only if the that lead to injustice or
law is unclear or absurdity.
inadequate for application. Article 11. Customs which are contrary to
3. Interpretation guided by law, public order or public policy shall not
legislative intent be countenanced, (n)
o If a law is ambiguous, the
court must interpret it 1. Customs: Refers to long-
faithfully according to the established practices or traditional
legislative purpose and the ways of doing things recognized by
objective Congress intended a community or society.
to achieve. 2. Contrary to Law: Customs that
o The interpretation should violate or conflict with existing laws
never frustrate the law’s are not acceptable.
purpose or the ends sought 3. Contrary to Public Order:
by the legislature. Customs that disrupt social peace,
4. Avoidance of literal safety, or the general welfare of
interpretation that causes the community are disallowed.
injustice or absurdity 4. Contrary to Public Policy:
o Courts must reject literal Customs that go against
interpretations that would fundamental principles or policies
result in injustice, established to protect the public
absurdity, or defeat the interest cannot be upheld.
purpose of the law. 5. Shall Not Be Countenanced:
o Judicial duty includes Such customs will not be tolerated,
construing statutes in a recognized, or given legal effect.
way that promotes justice
and avoids unjust or
absurd outcomes.
Summary: Customs that conflict with
legal statutes, disturb social harmony, or
violate public interest principles are Concept Explanation
rejected and will not be recognized or Social Social practices without
enforced by the law. Custom legal binding force.
Statutory law and Supreme
Hierarchy of
Court rules prevail over
Law over
customs, even proven
Article 12. A custom must be proved as Custom
a fact, according to the rules of evidence,
ones.
(n)\ Public Customs against law or
Policy public order cannot be
1. Definition of Custom Limitation accepted.
o A custom is a rule of
conduct formed by the
repeated and uniform 🧠 Summary:
practice of acts observed
as a social rule, which is  Customs must be proved by
legally binding and evidence in court.
obligatory.  Only juridical customs have legal
2. Custom must be proven as a effect, not mere social customs.
fact  Customs cannot override laws
o Courts do not take judicial or Supreme Court decisions.
notice of customs.  Customs contrary to public
o A custom must be order or law are invalid.
established with
competent evidence
Article 13. When the law speaks of
according to the rules of years, months, days or nights, it shall be
evidence, just like any other understood that years are of three
fact in court. hundred sixty-five days each; months, of
thirty days; days, of twenty-four hours;
3. Distinction between juridical and nights from sunset to sunrise.
and social customs If months are designated by their
o Juridical custom: A custom name, they shall be computed by the
that can be legally number of days which they respectively
have.
recognized and can
supplement statutory law In computing a period, the first day shall
be
or fill gaps where no excluded, and the last day included. (7a)
statute exists.
o Social custom: Mere social
1. Standard Measurement of Time
practices that do not have
Units in Law:
legal force and cannot be
o Year: 365 days.
relied upon as law.
o Month: 30 days (except
4. Custom cannot override law or
when the month is named,
public policy
then use actual days of that
o Customs contrary to law,
month).
public order, or public
o Day: 24 hours.
policy shall not be
o Night: From sunset to
recognized or enforced.
sunrise.
o Even if proven, a custom
2. Named Months:
cannot prevail over
o When months are designated
statutory laws or legal
by name (e.g., January,
rules established by the
April), they are computed
Supreme Court.
based on the actual number
of days in that month (e.g.,
January = 31 days, April = 30
Concept Explanation
days).
Custom must be proven 3. Counting Periods:
Custom as a with evidence in court; it is o In computing a time period,
Fact not automatically exclude the first day and
assumed. include the last day.
Legally binding custom o Example: If a law becomes
Juridical
that supplements or fills effective 20 days after
Custom
gaps in statutory law. publication on Feb 3, it
 becomes effective on Feb 23 Concept Explanation
(Feb 3 excluded, Feb 23 named months have
included). actual days.
Day = 24 Legal day is 24 hours
hours long.
Night = sunset Night period is from
💡 Legal Interpretations and to sunrise sunset to sunrise.
Examples: First day excluded, last
Period
day included in
4. Computation of Years (Garvida calculation
computing time periods.
v. Sales): Leap days do not add to
o A year is a cycle of 365 Leap years do
the 365-day legal year
days, not calendar years. not alter legal
for computation
o Age is counted by completing year
purposes.
365-day cycles.
o “Not more than 21 years old”
means having completed
Practical implication:
exactly 21 cycles of 365
days, not 21 years plus
 If a legal period is “one year,” it
some days.
means 365 days, even if that
o The law’s wording is precise
spans leap years.
and does not allow extra
 If a law is effective after “X days,”
days beyond 365 per year.
count days excluding the first and
5. Leap Years and Year
including the last.
Calculation (National Marketing
 When months are named, their
Corp. v. Tecson):
exact length applies; otherwise,
o Despite leap years adding a
assume 30 days per month.
day (366 days), the law
treats a year strictly as 365 Article 14. Penal laws and those of
days for legal computation. public security and safety shall be
obligatory upon all who live or sojourn
o The Supreme Court upheld
in Philippine territory, subject to the
that time periods calculated principles of public international law
in years are counted as and to treaty stipulations. (8a)
multiples of 365 days
regardless of leap years. 1. Universal Application of Penal
o This interpretation aligns with Laws and Public Safety
Article 13, even if it differs Regulations:
from natural or calendar o Penal laws and laws
years. concerning public security
o Any change to this policy and safety apply to all
should be done legislatively, persons — both Filipino
not judicially. citizens and foreigners —
6. Calendar vs. Civil/Solar Months: as long as they are within
o The law adopts the 30-day Philippine territory.
month rule for unspecified o This includes not just
months, not natural calendar residents, but also
months. temporary visitors
o Named months are counted (sojourners).
by their actual number of 2. Legal Principle of Territoriality:
days. o The principle implies that the
o This rule is derived from the location of the offense —
Spanish Civil Code and not the nationality of the
adapted into Philippine law. offender — determines the
applicability of the law.
o Therefore, anyone within
Concept Explanation Philippine territory is
Legal year is fixed at 365 bound by its penal and public
Year = 365 safety laws.
days, not calendar year
days
or leap year.
Month = 30 Unless named, months
days (default) are counted as 30 days;
⚖️Exceptions Based on  A foreigner caught violating
International Law and Treaties: Philippine penal laws (e.g., drug
trafficking, assault) can be
3. Diplomatic Immunity (Vienna prosecuted, unless covered by
Convention on Diplomatic diplomatic immunity.
Relations, 1961):  Foreign diplomats and heads of
o Foreign diplomatic agents state are not subject to criminal
(e.g., ambassadors, consuls) proceedings due to international
are immune from arrest agreements.
and criminal prosecution  However, these immunities are not
in the host state. absolute and depend on the
o Article 29: Diplomatic agents official capacity of the individual
are inviolable — no arrest or and treaty obligations.
detention.
Article 15. Laws relating to family rights
o Article 31: They enjoy and duties, or to the status, condition and
complete immunity from legal capacity of persons are binding upon
citizens of the Philippines, even though
criminal jurisdiction in the living abroad. (9a)
receiving state.
o These immunities apply only
1. Nationality Principle:
to those recognized under o Philippine laws govern
international law, such as family rights and duties,
accredited diplomats. as well as status,
4. Immunity of Heads of State: condition, and legal
o Heads of state on official
capacity of Filipino
visits are exempt from local citizens, even if they are
jurisdiction, including criminal residing or staying
prosecution, by customary abroad.
international law and o This principle is known as the
courtesy between sovereign nationality rule in private
states. international law.
2. Scope of Coverage:
o The law applies to:
 Family rights and
💡 Conceptual Summary: obligations (e.g.,
marriage, parental
Concept Explanation authority)
Laws apply to all persons  Status (e.g.,
Territoriality
within Philippine territory, legitimacy, filiation)
principle
regardless of citizenship.  Condition (e.g., civil
Penal/public Are binding on both status: single, married,
safety laws citizens and foreigners. widowed)
Temporary visitors are  Legal capacity (e.g.,
Sojourners equally bound by the capacity to marry, to
same legal obligations. enter into contracts)
Certain individuals are 3. Effect of Divorce Procured
Diplomatic Abroad by Filipinos:
exempt due to their
immunity o A Filipino citizen who
international legal status.
Immunities are recognized obtains an absolute divorce
Treaty where the Philippines has abroad (whether from a
obligations entered into treaties (e.g., foreign or Filipino spouse)
Vienna Convention). remains married under
Governs limitations to Philippine law.
Public o This is because divorce is
Philippine jurisdiction,
internationa not generally recognized
especially over foreign
l law in the Philippines — except
dignitaries.
under certain conditions
provided by law (e.g., Article
26 of the Family Code for
📌 Implications: alien spouses).
4. Only Alien-Initiated Divorce
May Be Recognized:
 o Under Article 26 (2) of the 📌 Implications:
Family Code, if the foreign
spouse obtains an absolute  Filipinos abroad must still
divorce abroad, which comply with Philippine
allows him/her to remarry, personal laws in family matters.
the Filipino spouse is  Absolute divorce obtained
likewise allowed to remarry abroad by Filipinos is not valid,
under Philippine law. and any subsequent remarriage
o However, if it is the Filipino could result in criminal liability.
who procures the divorce,  Only divorces initiated by the
Philippine law does not foreign spouse can be
recognize it, and the Filipino recognized, and even then, only for
remains married under the benefit of the Filipino spouse
Philippine law. under Article 26(2).

Article 16. Real property as well as personal

property is subject to the law of the country
Concept Explanation where it is situated.
The personal laws
(status, family rights,
Nationality
capacity) of a person
Principle However, intestate and testamentary
follow his/her nationality, successions,both with respect to the order of
regardless of residence. succession and to the amount of successional
rights and to the intrinsic validity of
Status (e.g., married or testamentary provisions, shall be regulated by
Status and single) and capacity (e.g., the national law of the person whose
succession is under consideration, whatever
Legal to marry) are governed may be the nature of the property and
Capacity by the citizen’s national regardless of the country wherein said
law. property may be found. (10a)

Divorces obtained by
Filipinos abroad are not 1. Lex Situs Rule (First
Divorce Non- recognized unless the Paragraph):
o Real and personal
recognition foreign spouse initiated
the divorce under Article property is governed by the
26 of the Family Code. law of the country where
it is located (lex situs).
A Filipino who remarries
o This applies to all matters
based on a foreign
involving ownership,
Legal divorce decree may be
possession, and rights
Consequence liable for bigamy,
over property.
adultery, or
2. Succession Rule (Second
concubinage.
Paragraph):
o In cases of intestate (no
will) or testamentary (with
📚 Key Case: a will) succession, the
national law of the
 Tenchavez v. Escaño (15 SCRA deceased governs:
355):  (a) Order of
o A Filipino husband obtained a
succession
divorce abroad and  (b) Amount of
remarried. successional rights
o The Philippine Supreme Court
 (c) Intrinsic validity
ruled that the divorce was of testamentary
not recognized, and he was provisions
still considered married  (d) Capacity to
under Philippine law. succeed (per Article
o Thus, his second marriage 1039)
was invalid, and he could be o This applies regardless of
held liable under criminal where the property is
laws. located (in the Philippines or
abroad) and regardless of
whether it is real or
personal property.
 Concept Explanation
Property matters are ⚖️Implications:
Lex situs
governed by the law of the
(law of the
country where the property  Property Law:
place)
is situated. o If a foreigner owns land in
Inheritance matters are the Philippines, Philippine
governed by the law of property law applies.
Nationality  Succession Law:
the decedent’s
rule in o If a foreigner dies with
nationality, even if the
succession property in the Philippines,
property is outside his/her
home country. his national law governs
Testate Succession where the how his estate is distributed
succession deceased left a valid will. — not Philippine law, even
Intestate Succession where no will if he executed a will in the
succession was left. Philippines.
 Testamentary Intent vs. Legal
Validity of the will’s
Limitations:
contents — such as how
Intrinsic o Even if a foreigner intends to
the estate is distributed —
validity have Philippine law apply,
according to the national
that intention cannot
law of the decedent.
override the mandatory
Whether someone can
Capacity to rule that his national law
inherit depends on the
succeed applies in succession
national law of the
(Art. 1039) matters.
deceased.

📚 Important Cases: 📌 Bottom Line:

1. Minciano v. Brimo (50 Phil.  Property: Governed by law of the
867): location (lex situs).
o A Turkish citizen tried to
 Succession: Governed by law of
apply Philippine law to the nationality of the deceased,
dispose of his property in a not by the location of the property
will. or by the decedent’s ( namatay na
o The Court ruled that Turkish
tao ) choice.
law must govern, not  Wills by foreigners referring to
Philippine law — even if the Philippine law are invalid if they
property is in the Philippines. conflict with Article 16.
o A clause in a foreigner’s will
directing Philippine law to Article 17. The forms and solemnities of
apply is invalid. contracts, wills, and other public instruments
shall be governed by the laws of the country in
2. Beilis v. Beilis (20 SCRA 358): which they are executed.
o A U.S. (Texas) citizen
executed wills covering
When the acts referred to are executed before
property in both Texas and the diplomatic or consular officials of the
the Philippines. Republic of the Philippines in a foreign country,
the solem-nities established by Philippine laws
o The Court applied Texas law
shall be observed in their execution.
(his national law) to both
estates.
o Since Texas does not Prohibitive laws concerning persons, their acts
require legitimes or property, and those which have for their
(compulsory shares), object public order, public policy and good
customs shall not be rendered ineffective by
Philippine law on laws or judgments promulgated, or by
legitimes could not be determinations or conventions agreed upon in
a foreign country. (11a)
enforced.
o The argument that Philippine
law should govern the local
estate was rejected.
1. Extrinsic Validity of Public remarries, Philippine law
Documents still considers her married
to the first husband.
 General Rule: The form and o In such a case, the original
solemnities of contracts, wills, husband may file for legal
and other public instruments are separation for adultery.
governed by the laws of the o Case reference: Tenchavez
place where they are executed v. Escaño, 15 SCRA 355.
(locus regit actum).
 Example: A holographic will
made in Japan is valid under
Philippine law even if the date isn't 💡 Summary:
handwritten—if such is allowed
under Japanese law. Concept Rule
 ✅ This emphasizes respect for Governed by the law of
Forms of
foreign formalities in legal the country where
documents
instruments executed abroad. executed
Executed
before PH Must follow Philippine
officials formalities
2. Acts before Philippine abroad
Diplomatic or Consular Officials Cannot be overridden
Prohibitive by foreign laws,
 Exception: If acts are executed laws judgments, or
before a Philippine diplomatic agreements
or consular official abroad, they
must follow Philippine law on Article 18. In matters which are governed by
form and solemnities. the Code of Commerce and special laws, their
deficiency shall be supplied by the provisions
 Rationale: Diplomatic/consular of this Code. (16a)
offices are considered extensions
of Philippine territory under 📜 Article 18: Supplementary
international law. Application of Civil Code
 Application: A marriage
between two Filipinos at a “In matters which are governed by the
Philippine consulate abroad must Code of Commerce and special laws,
comply with Philippine their deficiency shall be supplied by the
marriage laws, including issuance provisions of this Code.”
of a marriage license, duties of
the registrar, etc.
🔑 Key Concepts and Points:

3. Prohibitive Laws
1. ✅ Suppletory Nature of the
 Non-waivable Rule: Prohibitive Civil Code
laws regarding:
o persons,  General Rule: If a matter is
o their acts or property, governed by the Code of
o public order, Commerce or special laws (e.g.,
o public policy, Insurance Law, Carriage of Goods
o good customs by Sea Act), and these laws lack
→ cannot be nullified or provisions on a particular issue,
avoided by foreign laws, the Civil Code fills in the gaps.
judgments, or agreements.  Purpose: To ensure no legal
 Example: vacuum exists when special laws
o Philippine law does not are silent or incomplete.
recognize absolute
divorce between Filipinos
obtained abroad.
o Even if a Filipina wife gets 2. ⚖️Case Illustration: Insular
divorced abroad and Life v. Sun Life (41 Phil. 269)
  Issue: Perfection of a life annuity o Emphasized the importance
contract. of fast resolution in
 Holding: The Insurance Act had maritime commerce.
no rules on contract perfection.  Exception: When the case
 Resolution: The Supreme Court involves misdelivery or
applied the Civil Code’s rules on conversion, Civil Code periods
contracts (e.g., offer and (10 years or 4 years) may apply
acceptance under Article 1262). instead of COGSA.
 ➤ Key Rule Applied: Acceptance
via letter binds the offeror only
when it comes to his knowledge 🧠 Summary Table
(from the Civil Code, not the Code Key Rule /
of Commerce). Concept Implication
Case
Suppletory Civil Code fills
Role of Civil Art. 18 in gaps in
Code special laws
3. 🚢 Application to Carriage of Perfection of Civil Code
Goods by Sea Act (COGSA) Insular v.
Contract governs offer-
Sun Life
(Insurance) acceptance
 Case: Ang v. American Civil Code can
Steamship Agencies (19 SCRA Definition of Ang v.
be used to
631) "Loss" in American
interpret
o The term “loss” in COGSA COGSA Steamship
COGSA
was interpreted using Civil
Civil Code’s Art.
Code provisions (e.g., Prescription Dole v.
1155 does not
Article 18) when COGSA Not Tollable Maritime
apply to
lacked a specific definition. Under Co., Yek
maritime cases
 Limitation: Not all deficiencies in COGSA Tong Lin
under COGSA
COGSA can be filled in by the Civil
Civil Code
Code.
Exceptions applies in non-
Ang v. ASA
to COGSA COGSA claims
like misdelivery
4. 🚫 Non-Applicability in Tolling
of Prescription HUMAN RELATIONS
Article 19. Every person must, in the
exercise of his rights and in the
 Case: Dole Philippines, Inc. v. performance of his duties, act with justice,
Maritime Co. of the Philippines give everyone his due, and observe
honesty and good faith.
(148 SCRA 119)
o Issue: Whether the 1-year
prescription in COGSA can be 1. ✅ Principle of Abuse of Rights
tolled (interrupted) by
extrajudicial demand (as per  While people have rights, they
Article 1155, Civil Code). must not exercise them in a
o Ruling: No. Civil Code manner that causes harm or
cannot extend the injustice to others.
prescriptive period in COGSA.  Rights are not absolute—they
Doing so would undermine are limited by the rights of others
the purpose of speed in and by societal norms of fairness
maritime claims. and good conduct.

5. 📌 Doctrine from Earlier Cases: 2. ⚖️Elements Required Under

Article 19:
 Yek Tong Lin v. American
President Lines: When exercising rights or performing
o Even if an extrajudicial duties, a person must:
demand is made, it does not
toll the 1-year prescriptive  Act with justice – fairness and
period in COGSA. equity.
  Give everyone his due – respect 🧠 Summary Table
others' lawful claims or Key
entitlements. Explanation
Requirement
 Observe honesty and good Act with Be fair and equitable to
faith – be truthful and sincere in Justice others.
dealing with others. Give Everyone Respect others' rights,
His Due claims, and property.
Observe Act truthfully and
Honesty & without intention to
3. 🛑 Application: Preventing Good Faith deceive or harm.
Legal Wrongdoing Despite Prohibits Even lawful acts can
Lawful Acts Abuse of result in liability if done
Rights to harm others.
Even if an act is technically legal, if it is
done maliciously or in bad faith, it can
give rise to civil liability under the Article 20. Every person who, contrary
“abuse of rights” doctrine. to law, willfully or negligently causes
damage to another, shall indemnify the
latter for the same.

4. 📚 Related Concepts:
1. ✅ General Rule on Civil
 Malice or Bad Faith is not always Liability
required, but intent to injure or
lack of justification often triggers  A person who violates a law and
liability. causes damage—whether by
 Acts that are legal but done to intent (willfully) or by fault
cause harm or violate fairness can (negligently)—must compensate
be sanctioned. the injured party.

⚖️Jurisprudence Illustrations:
2. ⚖️Requisites for Liability
➤ Case: Velayo v. Shell (G.R. No. under Article 20:
L-18909)
To hold someone liable under this article,
 A company terminated a dealership the following elements must be present:
without clear cause.
 Held: Though termination was 1. An act or omission by a person
legal, it was done in bad faith, 2. Contrary to law (i.e., violation of
violating Article 19. a specific legal provision)
3. Done either willfully (with intent)
➤ Case: Azucena v. Potenciano or negligently (without due care)
4. Damage or injury suffered by
(G.R. No. 168776)
another
5. A causal connection between the
 Filing multiple harassing lawsuits
act/omission and the damage
was deemed an abuse of rights
under Article 19.

3. 🔍 Types of Fault:
💡 Purpose of Article 19:
 Willful acts – Intentional violation
 Serves as a general guiding of the law (e.g., fraud, malicious
principle for behavior in both acts)
public and private affairs.  Negligence – Failure to observe
 Bridges law and ethics, ensuring due care or diligence required by
that people act not only legally law
but also morally.
 policy shall compensate the latter for the
4. 🛑 Application: damage.

 This provision applies regardless

of the relationship between the
✅ Article 21: Acts Contra Bonus Mores
parties.
( Against good moral “ or “ Against good
 It is a general clause that
customs”
supports tort law (quasi-delict),
distinct from contractual
 Nature: Addresses acts not
obligations.
specifically prohibited by law,
but which are immoral,
unethical, or against public
policy.
5. 📚 Examples in Jurisprudence:  Purpose: To fill gaps in statutory
law, recognizing that not all
➤ Cangco v. Manila Railroad Co. wrongful acts are criminal or
specifically illegal, yet they can
 A man was injured by jumping from cause harm.
a moving train due to the  Elements (Albenson Enterprises v.
conductor’s negligence. CA, 217 SCRA 16):
 Held: The company is liable under 1. An act which is legal;
Article 20 (then Article 1902 of old 2. But contrary to morals,
Civil Code). good customs, public
order, or public policy;
➤ People v. Bayotas (civil aspect) 3. And done with intent to
injure another.
 Even if a person dies before final
conviction in a criminal case, civil
liability for the wrongful act
under Article 20 may still be
🧠 III. Application of Articles 19–
pursued separately.
21 (Interrelationship)

Provisi Requisite Basis of

Liability
on Act Fault
🧠 Summary Table
Any exercise Bad faith Damage
Element Explanation of a right or or malice s due to
Art. 19
performance (intention abuse
Contrary to There must be a violation
of duty al) of right
Law of a legal duty or statute
Violation of Damage
Willful or The act was done with Can be
a specific s due to
Negligent intent or lack of due care Art. 20 willful or
legal unlawfu
Damage/ Actual harm or loss negligent
provision l act
Injury suffered by another
Not
There must be a direct unlawful, Intention
Causal Link connection between the Damage
but al, done
act and the damage s due to
Art. 21 immoral or with
The wrongdoer must moral
socially moral
Indemnity compensate the injured wrongs
unaccepta fault
party ble act

🔎 Distinction: Article 20 includes

💡 Purpose of Article 20: negligent acts, while Articles 19 and
21 require intent or bad faith.
 To promote accountability for
unlawful acts
 To ensure just compensation for
individuals harmed by violations of 🧾 IV. Jurisprudence Highlights
law
 Wassmer v. Velez (1964):
Article 21. Any person who willfully causes loss
or injury to another in a manner that is Backing out of a wedding last-
contrary to morals, good customs or public minute, after all preparations, was
 held contrary to good customs expense of another without any
(Art. 21). valid legal reason or
 Gashem Shookat Baksh v. CA justification, it is called unjust
(1993): Fraudulent promise to enrichment.
marry used to seduce a woman =  The enrichment must be without
actionable under Art. 21 for moral just or legal ground — meaning
seduction. no contract, no gift, no law
 Magbanua v. LAC: Denial of permitting it.
irrigation water to pressure farmers
to vacate land = willful injury
(Art. 21).
 Vda. de Laig v. CA: Public officials 2. ⚖️Obligation to Return or
enabling a fraudulent double sale Restitution
of land = liable under Arts. 19,
20, and 21.  The person who gained the benefit
is obligated to return or
restore it to the rightful owner.
 The return may be in the form of
📌 V. Moral and Public Policy the thing itself or its value if the
Dimension original thing is no longer available.

 Article 21 transforms moral

norms into actionable legal
standards. 3. 🛑 Scope of Application
 Ensures people are not left
without remedy simply because  Applies regardless of the intent
no law specifically criminalizes or or fault of the person who
prohibits the wrongful act. acquired the possession.
 Law and morality converge,  Focus is on restitution, not
especially where harm is caused punishment.
without violating a specific statute.  Prevents a person from being
unjustly enriched at another's
expense.

✅ In Summary:

 Article 21 is a safety net for acts 4. 🔍 Means of Acquisition

that are not illegal per se but
morally reprehensible.  The gain may occur through:
 It complements Articles 19 and o An act or performance by the
20, which address the abuse of other person (e.g., services
rights and legal violations, rendered).
respectively. o Any other means (e.g.,
 Together, they form a framework mistake, accident, or even
for civil liability under the through third parties).
principle of human relations,
ensuring justice, fairness, and
ethical conduct.
5. 📚 Related Doctrine:
Article 22. Every person who through an act or
performance by another, or any other means,
acquires or comes into possession of  The principle prevents unjust
something at the expense of the latter without enrichment, which is a general
just or legal ground, shall return the same to
him. principle in civil law to maintain
fairness and equity.
- Talks about Restitution for
unjust enrichment.

1. ✅ Unjust Enrichment 🧠 Summary Table

 When a person benefits or gains
possession of something at the
 Element Explanation  Even if the damage was accidental
Acquisition of Gaining possession or or not caused by defendant’s fault,
Benefit advantage liability attaches because of the
At Expense of The other party suffers unjust benefit received.
Another a loss or cost
Without Just or No valid contract, gift,
Legal Ground or legal justification
Must restore the 4. 📋 Policy Reasoning
Obligation to
benefit or its equivalent
Return  To prevent unjust enrichment and
value
promote fairness.
 Encourages responsible behavior
when benefiting at another’s
💡 Purpose of Article 22:
expense.
 To prevent unjust enrichment
and ensure fairness in dealings.
 To require restitution when one
person benefits unfairly at
🧠 Summary Table
another's expense.
Element Explanation
Damage to There is harm or loss to
Property another person’s property
ARTICLE 23. Even when an act or event The defendant did not
causing damage to another’s property No Fault or cause the damage
was not due to the fault or negligence of Negligence through fault or
the defendant, the latter shall be liable negligence
for indemnity if through the act or event Defendant gained or
Benefit to
he was benefited. profited from the act or
Defendant
event causing damage
1. ⚠️Liability Without Fault Defendant must
Liability to
(Strict Liability) compensate the injured
Indemnify
party despite lack of fault
 The defendant may be held liable
even if there was no fault,
negligence, or intent on their 💡 Purpose of Article 23:
part.
 This is strict liability based on  To hold persons accountable for
benefit derived from the act or benefits gained from events
event. causing damage, even absent fault.
 To ensure equity by making sure
those who profit at another’s loss
compensate fairly.
2. 💰 Indemnity for Damage
ARTICLE 24. In all contractual, property
 The defendant who benefited or other relations, when one of the
from the act or event causing parties is at a disadvantage on account
damage must compensate or of his moral dependence, ignorance,
indemnify the injured party. indigence, mental weakness, tender age
 Indemnity means making good the or other handicap, the courts must be
loss suffered by the damaged vigilant for his protection.
party.
1. ⚖️Court’s Duty of Vigilance
and Protection

3. 🔄 Causal Connection & Benefit  Courts have a special duty to be

vigilant and protect parties who are
 The key condition is that the disadvantaged or vulnerable.
defendant must have benefited  Protection aims to ensure fairness
from the act or event that caused and prevent exploitation or
damage. injustice.
2. 🛡️Disadvantaged Parties 6. 💼 No Protection If Party Is
Experienced or Benefitted
 Those at a disadvantage may be so
due to:  Protection under Article 24 does
o Moral dependence not apply if:
(reliance on others) o The party is experienced,
o Ignorance knowledgeable, and capable
o Indigence (poverty) (e.g., good in business).
o Mental weakness o The party has benefitted
o Tender age (minors) from the contract or relation.
o Other handicaps (any o There were thorough
similar conditions causing negotiations before contract
vulnerability) execution.

🧠 Summary Table
3. 📜 Liberal Construction of Laws Element Explanation
and Pleadings Due to moral
dependence, ignorance,
 Courts should apply a liberal and Disadvantage
poverty, mental
equitable approach to protect d party
weakness, age, or
the disadvantaged. handicap
 Avoid dismissing claims on Vigilant protection and
technicalities when such would Court’s role liberal interpretation to
cause injustice. ensure justice
 The focus should be on
Prefer deciding on merits
substantial justice rather than Avoid
rather than procedural
procedural formalities. technicalities
dismissals
Available especially
Equitable when legal delays or
relief unfair tactics affect the
4. 📖 Jurisprudential Application disadvantaged
No protection if party is
 In cases like De Lima v. Laguna
Limitations experienced, capable, or
Tayabas Company:
benefited
o The Supreme Court granted
relief even on points not
formally appealed due to the
indigent status and 💡 Purpose of Article 24:
vulnerability of the claimants.
o Emphasized courts should  To safeguard vulnerable
avoid legal technicalities that individuals in legal and
deny justice. contractual relations.
 To ensure that justice is served
beyond strict legal technicalities.
 To promote fairness in dealings
5. 🕰️Long Delays and Equitable involving parties with unequal
bargaining power.
Relief
ARTICLE 25. Thoughtless
 When court delays or oppressive
extravagance in expenses for pleasure
tactics occur (e.g., long pendency
or display during a period of acute
of cases), courts may grant
public want or emergency may be
equitable relief to disadvantaged
stopped by order of the courts at the
parties.
instance of any government or private
 Protection also includes ensuring
charitable institution.
that rights are not lost due to
procedural hurdles.
1. 🚫 Prohibition of Extravagance
During Emergencies
  The law prohibits reckless or
ostentatious spending for
pleasure or showiness during times
of:
o Acute public want (severe
poverty or need)
o Emergency situations
(natural disasters, war, crisis)

2. ⚖️Court’s Power to Stop

Extravagance

 Courts can issue orders

(injunctions) to stop such
extravagance if requested.

3. 🏛️Who Can Request Court

Intervention?

 Only certain entities have legal

standing to ask the court to
intervene:
o Government institutions
o Private charitable
institutions

4. 🎯 Purpose of the Provision

 To promote social responsibility

and sensitivity during crises.
 To prevent behaviors that are
inconsiderate or offensive to
those suffering public hardship.

🧠 Summary Table
Element Explanation
Extravagance Thoughtless spending
prohibited on pleasure or display
Times of acute public
During
need or emergency
Can stop such expenses
Court's role
via court order
Government or private
Who may ask charitable institutions
only
Protect public interest
Goal and promote social
conscience
ARTICLE 26. Every person shall respect 4. Protection Against
the dignity, personality, privacy and Humiliation and Vexation
peace of mind of his neighbors and other
persons. The following and similar acts,  Acts of vexation or humiliation
though they may not constitute a based on personal characteristics
criminal offense, shall produce a cause of (religion, social status, birthplace,
action for damages, prevention and other physical defects, etc.) are
relief: actionable.
 The law seeks to protect individuals
(1) Prying into the privacy of another’s from social contempt or humiliation
residence; that falls short of criminal
defamation but causes harm.
(2) Meddling with or disturbing the
private life or family relations of another;
dumrrI
5. Civil Action Even Without
(3) Intriguing to cause another to be
Criminal Offense
alienated from his friends;
 The article explicitly states that
(4) Vexing or humiliating another on
such acts may not be criminal
account of his religious beliefs, lowly
offenses but still justify civil
station in life, place of birth, physical
claims for damages, injunction, or
defect, or other personal condition.
other relief.
 This addresses gaps where penal
1. Respect for Human Dignity laws may be inadequate to protect
and Personality human dignity.

 The law recognizes the

inviolability of a person’s
dignity and personality as 6. Judicial Recognition and
fundamental.
Application
 Acts that undermine these, even if
not criminal, are grounds for civil
 Courts are urged to uphold these
action.
protections to preserve human
dignity and social harmony.
 Example: In RCPI v. Verchez,
damages were awarded when a
2. Right to Privacy telegraph company’s negligence
caused family distress, disturbing
 The privacy of one’s home is peace of mind.
inviolable.
 Prying into another’s residence is
actionable even if not criminally
punishable.
🧠 Summary Table
Concept Explanation
Dignity & Must be respected;
Personality basis of all just laws
3. Protection of Private and Privacy of Inviolable; prying is
Family Life Residence actionable
Family/Private Meddling/disturbing
 Interfering in or disturbing Life is actionable
another’s family or private life can Causing
Alienation from
cause moral damage and legal estrangement is
Friends
liability. actionable
 This includes acts like poisoning Based on religion,
Vexation/
family relations or alienating social status, birth,
Humiliation
someone from friends. defects, etc.
Exists even if no
Civil Liability
criminal offense
 Concept Explanation 4. Judicial Precedents
Court’s Role
Provide damages, Illustrating Liability
injunction, relief
 Ledesma v. Court of Appeals: A
state college president wrongfully
ARTICLE 27. Any person suffering refused to grant honors to a
material or moral loss because a public deserving student despite official
servant or employee refuses or neglects, directives, resulting in liability for
without just cause, to perform his official damages.
duty may file an action for damages and  Vda. de Laig v. Court of
other relief against the latter, without Appeals: A register of deeds
prejudice to any disciplinary involved in fraudulent acts was
administrative action that may be taken. liable for damages.
 Liability applies to various public
1. Public Servants’ Duty to officials including police chiefs and
Perform Official Functions mayors when they neglect or
refuse official duties.
 Public officials and employees are
agents or representatives of
the government.
 They have an obligation to 5. Principle of Accountability
diligently perform their official
duties to ensure effective  Public servants must act with
government service. circumspection, good faith, and
regard for the rights of others.
 Refusal or neglect of duty that
harms another person breaches
2. Grounds for Legal Action this duty and justifies legal
recourse.
 If a public servant willfully or
negligently refuses or neglects
to perform his official duty
without just cause, and this Concept Explanation
causes material or moral Duty of Must perform official
damage to a person, that person Public duties diligently and in
can: Servants good faith
o File an action for damages Refusal or neglect
and other relief against the Cause of
without just cause
public servant. Action
causing damage
o This is independent of any
Relief Action for damages and
disciplinary or Available other remedies
administrative action that
Officials liable personally
may also be taken against Personal
if acting beyond their
the official. Liability
authority
Civil action does not bar
Independent
administrative or
Actions
disciplinary action
3. Personal Liability of Public
Case Ledesma v. CA, Vda. de
Officials Examples Laig v. CA, among others
 Public officials can be held
ARTICLE 28. Unfair competition in
personally liable for wrongful
agricultural, commercial or industrial
acts or omissions done in excess or
enterprises or in labor through the use of
beyond their official duties.
force, intimidation, deceit, machination
 They are not immune from civil
or any other unjust, oppressive or
liability simply because of their
highhanded method shall give rise to a
office.
right of action by the person who thereby
suffers damage.

1. Scope of Article 28
  Applies to agricultural, proved beyond reasonable doubt, a
commercial, or industrial civil action for damages for the same
enterprises, and also to labor act or omission may be instituted.
activities. Such action requires only a
 Covers actions that use force, preponderance of evidence. Upon
intimidation, deceit, motion of the defendant, the court
machination, or any other may require the plaintiff to file a bond
unjust, oppressive, or to answer for damages in case the
highhanded methods. complaint should be found to be
malicious.
2. Right of Action
If in a criminal case the judgment of
 The person who suffers damage acquittal is based upon reasonable
due to these unfair practices has doubt, the court shall so declare. In
the right to take legal action (a the absence of any declaration to that
cause of action arises). effect, it may be inferred from the text
of the decision whether or not the
3. Nature of Unfair Competition acquittal is due to that ground

 Unfair competition is characterized 1. Civil Action After Criminal Acquittal

by methods that are unjust or
oppressive, preventing fair  If an accused is acquitted due to
competition. reasonable doubt, a civil action
for damages can still be filed for
4. Purpose and Justification the same act or omission.
 Standard of proof in criminal
 The 1947 Civil Code Commission cases: beyond reasonable
included this provision to uphold doubt.
the principles of free  Standard of proof in civil cases:
enterprise. preponderance of evidence (i.e.,
 It protects the fairness of the more convincing evidence).
economic system by ensuring no
one uses unfair means to deprive 2. Court’s Declaration of Reasonable
others of a fair chance to Doubt
engage in business or earn a living.
 The Commission warned that  The court must expressly
without such protection, declare that acquittal is based on
democracy becomes reasonable doubt.
meaningless when certain  If there is no express
persons or groups unjustly declaration, it may still be
monopolize opportunities. inferred from the wording or
reasoning in the judgment.

3. Bond Requirement
Summary of Concepts:
 The court may require the plaintiff
to file a bond, if the civil
 Unfair competition involves
complaint is possibly malicious, to
illegal or unethical practices that
answer for damages in case the
harm others’ business or labor
complaint fails.
opportunities.
 Legal remedy is available for
4. Nature of Liability
those damaged by unfair
competition.
 An accused may still have civil
 The law aims to maintain a fair
liability even if no criminal
and democratic economic
liability was proven.
environment where everyone has
 Example: Estafa acquittal may still
equal opportunity to succeed.
lead to a civil case for damages if
deceit caused loss.
ARTICLE 29. When the accused in a
criminal prosecution is acquitted on
the ground that his guilt has not been
⚖️LEGAL CONCEPTS AND ARTICLE 30. When a separate civil
JURISPRUDENCE action is brought to demand civil
liability arising from a criminal
▪ Proof Beyond Reasonable Doubt vs. offense, and no criminal
Preponderance of Evidence proceedings are instituted during
the pendency of the civil case, a
 Criminal: Requires moral certainty preponderance of evidence shall
of guilt. likewise be sufficient to prove the
 Civil: Requires the greater act complained of.
weight of evidence.
1. Independent Civil Action Based on
▪ Philippine National Bank v. Catipon a Criminal Act

 An acquittal based on lack of proof  A civil case can be filed

beyond reasonable doubt does not independently of any criminal
bar a civil action. proceedings to demand civil
liability arising from a criminal
▪ Republic v. Asaad offense.

 Acquittal is not evidence of 2. No Criminal Case Needed

innocence and does not
preclude civil liability.  If no criminal proceedings are
 A civil case may proceed even if instituted while the civil case is
based on the same facts. ongoing, the civil case may still
proceed.
▪ Mendoza v. Alcala
3. Standard of Proof
 Even without an express
reservation of civil action in the  In this civil action, the required
criminal case, a civil case can standard is preponderance of
proceed if: evidence, not proof beyond
o Filed before final judgment reasonable doubt.
in the criminal case.
o Nature of the offense (like
fraud in estafa) falls under
exceptions allowing an ⚖️LEGAL CONCEPTS
independent civil action.
▪ Preponderance of Evidence

 The burden of proof in civil cases

🧠 CORE CONCEPTS TO is met when the plaintiff's evidence
REMEMBER is more convincing and probable
than that of the defendant.
 Article 29 of the Civil Code  It is a lesser standard than the
ensures that victims of wrongful “beyond reasonable doubt”
acts can still seek redress even if required in criminal law.
the accused is acquitted, so
long as the acquittal is not ▪ Civil Liability from a Crime
based on a finding that no
wrongful act occurred.  A wrongful act (like theft or
 The principle is rooted in the physical injury) may give rise to
distinction between criminal both criminal liability and civil
liability (public wrong) and civil liability.
liability (private wrong).  Even if the state does not
 Independent civil actions pursue the crime, the victim can
safeguard victims’ rights when still pursue damages through
technicalities or insufficient civil action.
criminal evidence prevent a
conviction. ▪ Practical Example
  If someone is physically injured but same act or omission — e.g.,
no criminal case is filed, the victim both from criminal and quasi-
may still sue the wrongdoer for delict grounds.
damages in a civil court, and
only needs to prove liability by
preponderance of evidence. 💡 Examples to Illustrate the
Distinction:

 Under Article 30:

🧠 CORE CONCEPTS TO A victim sues for damages for
REMEMBER physical injuries (a criminal
offense), but no criminal case is
 Civil cases based on crimes can filed. The civil case proceeds, and
stand alone even without a the victim only needs to show a
criminal case. preponderance of evidence.
 The civil liability component is  Under Article 31 (Quasi-delict):
treated as a private dispute A bus hits a pedestrian. The bus
requiring only the lighter burden driver is acquitted in a criminal
of proof. case for lack of proof beyond
 This provision protects the rights reasonable doubt. The pedestrian
of victims, allowing them to seek can still sue the bus company in a
compensation even if the criminal civil case based on quasi-delict.
justice system does not act.  Under Article 31 (Culpa
contractual):
ARTICLE 31. When the civil action is A passenger is injured in a bus
based on an obligation not arising crash. Even if the driver is
from the act or omission complained acquitted in a criminal case, the
of as a felony, such civil action may passenger may sue the bus
proceed independently of the criminal company for breach of contract
proceedings and regardless of the of carriage (failure to bring safely
result of the latter. to destination).

📌 Key Concepts:
📘 Summary Table
1. Civil Action Not Based on Can
Criminal Act Proce
o This article refers to civil Type
ed
obligations not tied directly of
Artic Standard of Witho
to the crime, such as: Civil Basis
le Proof ut
 Quasi-delict (Article Actio
Crimin
2176) n
al
 Culpa contractual Case?
(breach of contract) Civil
2. Independent and Autonomous liabilit
o Civil actions may proceed Preponderan
Articl y Crime
independently, whether or ce of ✅ Yes
e 30 from (delict)
not there’s a criminal case, evidence
a
and regardless of its crime
outcome (even if the Civil
accused is acquitted). liabilit Quasi-
3. Important Distinction y delict Preponderan
o Quasi-delict (culpa Articl
from or ce of ✅ Yes
aquiliana) is different from e 31
other contrac evidence
criminal negligence. sourc t
o Culpa contractual arises
es
from breach of a
contractual duty, not a
ARTICLE 32. Any public officer or
criminal act.
employee, or any private individual, who
4. No Double Recovery Rule
directly or indirectly obstructs, defeats,
o A party cannot recover
violates or in any manner impedes or
damages twice from the
impairs any of the following rights and (17) Freedom from being compelled to
liberties of another person shall be liable be a witness against one’s self, or from
to the latter for damages: being forced to confess guilt, or from
being induced by a promise of immunity
(1) Freedom of religion; or reward to make such confession,
except when the person confessing
(2) Freedom of speech; becomes a State witness;

(3) Freedom to write for the press or to (18) Freedom from excessive fines, or
maintain a periodical publication; cruel and unusual punishment, unless
the same is imposed or inflicted in
(4) Freedom from arbitrary or illegal accordance with a statute which has not
detention; been judicially declared unconstitutional;
and
(5) Freedom of suffrage;
(19) Freedom of access to the courts.
(6) The right against deprivation of
property without due process of law; In any of the cases referred to in this
article, whether or not the defendant’s
(7) The right to a just compensation act or omission constitutes a criminal
when private property is taken for public offense, the aggrieved party has a right
use; to commence an entirely separate and
distinct civil action for damages, and for
(8) The right to the equal protection of other relief. Such civil action shall
the laws; proceed independently of any criminal
prosecution (if the latter be instituted),
(9) The right to be secure in one’s and may be proved by a preponderance
person, house, papers, and effects of evidence.
against unreasonable searches and
seizures; The indemnity shall include moral
damages. Exemplary damages may also
(10) The liberty of abode and of changing be adjudicated.
the same;
The responsibility herein set forth is not
(11) The privacy of communication and demandable from a judge unless his act
correspondence; cd or omission constitutes a violation of the
Penal Code or other penal statute.
(12) The right to become a member of
associations or societies for purposes not
contrary to law; 1. Protection of Constitutional
Rights:
(13) The right to take part in a peaceable o Article 32 lists specific civil
assembly to petition the Government for liberties (19 in total)
redress of grievances; protected under the
Constitution (e.g., freedom of
(14) The right to be free from involuntary speech, due process, right to
servitude in any form; privacy, etc.).
o Violation of these rights,
(15) The right of the accused against whether direct or indirect,
excessive bail; by a public officer or a
private individual, creates
(16) The right of the accused to be heard civil liability.
by himself and counsel, to be informed of 2. Independent Civil Action:
the nature and cause of the accusation o The aggrieved party may file
against him, to have a speedy and public an independent civil
trial, to meet the witnesses face to face, action for damages,
and to have compulsory process to regardless of whether:
secure the attendance of witness in his  A criminal action is
behalf; filed.
 The act constitutes a
criminal offense.
 3. Proof Required:  Ruling:
o Civil liability under Article 32 o Good faith is not a
requires only a defense under Article 32.
preponderance of o Public officials cannot hide
evidence, not proof beyond behind the claim of
a reasonable doubt. performing duties in good
4. Inclusion of Damages: faith if they violate rights.
o Moral and exemplary o Exception: A subordinate
damages may be awarded. may be excused if he
5. Limitation for Judges: reasonably believed the
o Judges are not civilly liable order was lawful.
under Article 32 unless their
act or omission violates a 4. Judicial Immunity:
penal statute (i.e., is
criminal in nature).  Esguerra v. Gonzales-Asdala
and Ang v. Quilala:
o Judges enjoy judicial
immunity for acts done in
🏛️Key Doctrines from the performance of their
Jurisprudence: duties in good faith and
within their jurisdiction.
1. Vinzons-Chato v. Fortune Tobacco o Liability only arises from acts
(2008): done fraudulently,
corruptly, or with gross
 Distinction between: ignorance or bad faith.
o Duties to the public at
large (e.g., tax regulation).
o Duties to particular
individuals (e.g., sheriff ⚖️Underlying Purpose of Article
serving a writ). 32:
 A civil suit under Article 32
requires:  To ensure accountability for
o A specific and personal violations of civil liberties.
injury, not just general  Created because:
grievance from public policy. o Criminal remedies were
o Injury alone is not enough often insufficient or
— it must violate a specific unavailable.
right of the plaintiff. o Subtle violations (not penal
in nature) still caused harm.
2. Aberca v. Ver (1988): o An independent civil
remedy helps uphold
 Public officials (military personnel) democracy and the rule of
violated constitutional rights during law.
a raid.
 SC ruled:
o Article 32 applies even if
officials claim they acted 🧠 Summary:
under lawful orders.
o Even indirect participation Article 32 serves as a civil rights
(e.g., a commanding officer) enforcement mechanism under the
can make a person liable. Civil Code, distinct from criminal law, and
o Good faith is not a aims to:
defense under Article 32.
o Accountability is  Deter abuse of power by public
broadened, reinforcing officials.
democratic safeguards.  Provide accessible remedies for
individuals whose constitutional
3. Lim v. Ponce de Leon (1975): rights have been violated.
 Promote accountability and
 Fiscal and police impounded preserve democratic freedoms
property without a warrant. even against state actors.
 aid or protection to any person in case of
danger to life or property, such peace officer
ARTICLE 33. In cases of defamation, shall be primarily liable for damages, and the
fraud, and physical injuries, a civil action city or municipality shall be subsidiarily
for damages, entirely separate and responsible therefor. The civil action herein
distinct from the criminal action, may be recognized shall be independent of any
brought by the injured party. Such civil criminal proceedings, and a preponderance of
action shall proceed independently of the evidence shall suffice to support such action.
criminal prosecution, and shall require
only a preponderance of evidence.
1. Primary Liability of Police Officers:
1. Independent Civil Action for o If a member of the city or
Damages municipal police force:
 Refuses or fails to give aid
 Article 33 allows an injured or protection to a person
party to file a civil action for  During a situation where
damages separately from the there is danger to life or
criminal case in the following property
cases: o That police officer becomes
o Defamation (e.g., libel, primarily liable for civil damages.
slander) 2. Subsidiary Liability of the Local
o Fraud (e.g., estafa) Government Unit (LGU):
o Physical injuries (including o The city or municipality (employer
homicide or death) of the peace officer) is subsidiarily
 This civil case is entirely liable for the damages.
separate and distinct from the o This means the injured party may go
criminal action. after the LGU if the officer is
 The standard of proof in this civil unable to satisfy the judgment.
action is only a preponderance of 3. Nature of the Civil Action:
evidence, unlike in criminal cases o The civil action is independent of
where the standard is proof any criminal proceedings that may
beyond reasonable doubt. arise from the same act or omission.
o The standard of proof required is
only a preponderance of evidence,
not proof beyond reasonable doubt.
Rationale Behind Article 33:

 The Code Commission

emphasized individual initiative 💡 Key Concepts:
and self-reliance:
o Citizens should not rely solely 1. Public Duty and Accountability:
on the government (or public o Police officers have a duty to
prosecutors) to vindicate protect life and property.
their rights. o Their inaction, when action is clearly
o The injured party, not the necessary, can lead to personal civil
State, suffers the actual harm liability.
and thus should have the 2. Enforcement of Civil Rights:
o This provision empowers citizens to
right to seek compensation
directly. hold public officers accountable for
 Inspired by legal systems in gross neglect or refusal to perform
England and the United States, their public duty.
o It reinforces the idea that state
where tort actions for wrongs like
assault, libel, and deceit can agents are not immune from
proceed independently of criminal private suit when rights are violated.
3. Independent Civil Action:
cases.
o Like Article 33, Article 34
 Promotes freedom, civil courage,
recognizes an independent civil
and self-reliance, rather than a
action for damages.
paternalistic legal system.
o This promotes self-reliance by
allowing individuals to seek justice
ARTICLE 34. When a member of a city or
without waiting for criminal
municipal police force refuses or fails to render
conviction.
 4. Subsidiary Responsibility: damages against the alleged
o The city or municipality, as offender.
employer of the negligent officer, is 2. Burden of Proof:
not primarily liable, but o The civil action requires only a
secondarily responsible. preponderance of evidence, not
o This is consistent with the proof beyond a reasonable doubt.
employer’s duty to oversee the acts 3. Security for Damages (Bond):
of its personnel, under the principle o Upon the defendant’s motion, the
of vicarious liability. court may require the plaintiff
(complainant) to post a bond, to
cover potential damages if the suit is
later found to be malicious.
📝 Explanation Example: 4. Suspension of Civil Action Upon Criminal
Filing:
If someone is being attacked or robbed and a police o If, during the civil action, the
officer nearby refuses to help, the victim can sue prosecutor later files a criminal
that officer for damages. If the officer cannot pay, case, the civil action is suspended
the municipality or city government may have to until the criminal case is resolved.
cover the costs, even if no criminal case is filed or
won.
💡 Key Concepts:

1. Access to Civil Justice Despite Lack of

ARTICLE 35. When a person, claiming to be Criminal Prosecution:
injured by a criminal offense, charges another o Article 35 allows victims of
with the same, for which no independent civil wrongful acts to still seek civil
action is granted in this Code or any special compensation even if the State
law, but the justice of the peace finds no refuses to prosecute. It recognizes
reasonable grounds to believe that a crime has the victim's personal interest in
been committed, or the prosecuting attorney obtaining redress.
refuses or fails to institute criminal 2. Preponderance of Evidence vs. Probable
proceedings, the complainant may bring a civil Cause:
action for damages against the alleged o Even when the State finds no
offender. Such civil action may be supported by probable cause to prosecute
a preponderance of evidence. Upon the (criminal threshold), the injured
defendant’s motion, the court may require the person can still try to prove damages
plaintiff to file a bond to indemnify the in civil court, where a lower
defendant in case the complaint should be standard applies (preponderance of
found to be malicious. evidence).
3. Check Against Malicious Civil Suits:
If during the pendency of the civil action, an o The requirement of a bond
information should be presented by the discourages frivolous or retaliatory
prosecuting attorney, the civil action shall be suits. It protects the alleged offender
suspended until the termination of the criminal from being harassed by groundless
proceedings. civil claims.
4. Doctrine of Suspension:
o If a criminal case is later filed, the
1. Independent Civil Action Allowed: civil action is paused to avoid
o If a person claims to be injured by a conflicting judgments. Once the
crime, but: criminal case concludes, the civil
 No independent civil action case can resume.
is specifically granted by the
Civil Code or any special law
(e.g., not under Articles 32, ⚖️Connection with Rule 111 of the
33, or 34), and:
Rules of Court:
 The judge or prosecutor
refuses to file or pursue the
1. Civil and Criminal Actions Normally Go
criminal case due to lack of
Together:
probable cause,
o Rule 111 generally joins civil
→ Then the complainant
liability with the criminal action
may file a civil action for
unless:
  The civil case is filed first;
 The offended party waives or ⚖️Legal Definition and Elements
reserves the civil case.
2. Consolidation of Cases: As clarified in jurisprudence and Rule 111, Section
o If a civil action is already filed, it 7 of the Rules of Court:
can be consolidated with the
criminal case upon motion. Evidence ✅ Two Requisites of a Prejudicial Question:
from the civil case can be reused in
the criminal trial. 1. The civil action involves an issue similar
3. When Civil Action May Proceed or intimately related to the issue raised in
Independently: the criminal case.
o Rule 111, Sec. 3 confirms that
2. The resolution of that issue is
Articles 32, 33, 34, and 2176 of the determinative of whether the criminal
Civil Code permit independent civil action may proceed.
actions that may proceed regardless
of the criminal case.
4. Effect of Death of the Accused:
o If the accused dies before
🧠 Conceptual Clarification
arraignment, the criminal case is
dismissed, but the civil action may 🔄 General Rule:
proceed against the estate or legal
representatives.  A criminal case usually proceeds first
5. Judgment in Civil Not a Bar to Criminal: because the public interest is involved.
o A civil judgment absolving a
defendant doesn’t bar the filing of a ❗ Exception:
criminal case for the same act.
 If a civil issue logically and legally
determines the criminal liability, it must be
📝 Example: decided first → thus, a prejudicial
question exists.
 A man accuses another of theft, but the
fiscal (prosecutor) finds no probable cause
and refuses to file a case. 🧑‍⚖️Case Examples and Doctrinal
 The accuser may still file a civil suit under Applications
Article 35 to claim damages.
 If, later on, the fiscal changes his mind and ✅ When There IS a Prejudicial Question:
files a criminal case, the civil case is put on
hold until the criminal case ends. 1. Fortich-Celdran v. Celdran (19 SCRA
502):
ARTICLE 36. Pre-judicial questions, which o Issue: A motion allegedly falsified in
must be decided before any criminal a civil case was the basis for a
prosecution may be instituted or may criminal charge of falsification.
proceed, shall be governed by rules of court o Ruling: Civil court must first
which the Supreme Court shall promulgate determine the authenticity of the
and which shall not be in conflict with the document; the outcome determines
provisions of this Code. guilt in the criminal case →
Prejudicial Question exists.
1. Definition of Prejudicial Question: 2. Zapanta v. Mendoza (Bigamy Case):
o A prejudicial question is a legal o If the accused claims he was forced
issue in a civil case that must be into a second marriage and files for
resolved before a criminal case annulment on that basis, the
(which arises from the same facts) annulment case becomes crucial to
can proceed. determining whether there was valid
2. Suspension of Criminal Case: consent → Prejudicial Question
o When a prejudicial question exists, exists.
the criminal case must be
suspended until the civil question is
resolved.
3. Governing Rules: ❌ When There Is NO Prejudicial Question:
o The handling of prejudicial questions
is governed by the Rules of Court, 1. Jimenez v. Averia (22 SCRA 1380):
not directly by the Civil Code.
 o Civil case challenged the validity of General Provisions
a receipt; criminal case was for
estafa (fraud). ARTICLE 37. Juridical capacity, which is the
o Ruling: The guilt could still be fitness to be the subject of legal relations, is
proven by other evidence, even if the inherent in every natural person and is lost only
receipt is void → No prejudicial through death. Capacity to act, which is the
question. power to do acts with legal effect, is acquired
2. Landicho v. Relova (22 SCRA 731): and may be lost. (n)
o Bigamy case where the second
spouse filed annulment of the second 1. Juridical Capacity ( Natural Person &
marriage. Juridical Person )
o Ruling: Until the first marriage is o It means the ability or fitness of a
declared null, it is presumed valid → person to be the subject of legal
No prejudicial question. rights and obligations.
3. Beltran v. People (GR No. 137567, 2000): o This capacity is inherent in every
o Civil case filed for declaration of natural person.
nullity of marriage. o It is acquired at birth and lasts until
o Wife filed criminal case for death (ends only upon death).
concubinage. o Even an unborn child can have a
o Ruling: Declaration of nullity not a provisional juridical capacity for
prerequisite to concubinage certain purposes (like receiving
prosecution. No prejudicial support or donations).
question. 2. Capacity to Act
o It refers to the power or ability to
perform acts that have legal effects
📋 Procedural Notes (from Rule 111): (e.g., signing contracts, making
decisions).
1. Where to File a Petition for Suspension: o This capacity is not inherent or
( Sec. 6, Rule 111) automatic; it is acquired or conferred
o If still in preliminary investigation by law.
→ prosecutor. o It can be lost or gained during a
o If already filed in court → same person’s lifetime, depending on legal
criminal court. conditions.
2. When to File: ( Sec. 6 ) o Death or other lawful reasons can
o Any time before the prosecution cause loss of this capacity.
rests its case. (anytime before the
prosecution presenting its evidence) Concepts:

 Juridical Capacity: Basic legal existence

🧾 Summary Table and ability to hold rights/duties.
 Capacity to Act: Ability to exercise rights
Yes (PQ No (PQ Does
Requirement and do legal acts that have consequences.
Exists) Not Exist)
 Provisional Personality: An unborn child’s
Civil case issue limited recognition under the law for
determines criminal ✅ ❌
specific protections or benefits.
liability?
Same facts, but civil ARTICLE 38. Minority, insanity or imbecility,
case not crucial to ❌ ✅ the state of being a deaf-mute, prodigality and
guilt? civil interdiction are mere restrictions on
Accused uses civil case capacity to act, and do not exempt the
❌ ✅
to delay criminal case? incapacitated person from certain obligations,
Jimenez, as when the latter arise from his acts or from
Fortich,
Examples Landicho, property relations, such as easements. (32a)
Zapanta
Beltran
1. Restrictions on Capacity to Act
o Conditions like minority (being
underage), insanity or imbecility
(mental incapacity), deaf-mutism,
prodigality (wastefulness), and civil
Civil Personality interdiction are restrictions on a
person’s capacity to act.
CHAPTER 1
 oThese conditions limit the person’s o The effects or limitations caused by
ability to perform legal acts. these circumstances are governed not
2. No Exemption from Certain Obligations only by the Civil Code but also by:
o Despite these restrictions, the person  Other codes,
is not exempt from all obligations.  The Rules of Court, and
o They are still responsible for  Special laws.
obligations that arise from their own 3. Capacity to Act Not Limited by Religious
acts or from property relations (for Belief or Political Opinion:
example, easements or property o Importantly, no one’s capacity to act
rights and duties). is restricted based on religion or
political views.
Concepts: 4. Status of Married Women:
o A married woman 21 years old or
 Capacity to Act: The ability to legally above is generally qualified for all
perform actions that affect rights and acts of civil life, except where the
obligations. law explicitly provides exceptions.
 Restriction vs. Exemption: Having a
limitation (restriction) does not mean being
completely freed (exempted) from all legal 🔍 Relationship to Article 38
responsibilities.
 Civil Interdiction: A legal ruling declaring  Article 38 deals with restrictions on
a person incapable of managing themselves capacity to act — i.e., those who are legally
or their property, usually due to mental incapable or restricted from acting.
incapacity.  Article 39 is broader and focuses on
modifications — situations that limit or
ARTICLE 39. The following circumstances, modify capacity but do not necessarily
among others, modify or limit capacity to act: completely bar legal capacity.
age, insanity, imbecility, the state of being a  Both articles aim to give an overview of the
deaf-mute, penalty, prodigality, family relations, qualifications and limitations affecting a
alienage, absence, insolvency and trusteeship. person’s ability to engage in legal acts.
The consequences of these circumstances are  These provisions guide how relationships
governed in this Code, other codes, the Rules (among people, juridical entities,
of Court, and in special laws. Capacity to act is government) are legally recognized and
not limited on account of religious belief or regulated.
political opinion.

A married woman, twenty-one years of age or Concept Article 38 Article 39

over, is qualified for all acts of civil life, except Restricts
in cases specified by law. (n) Modifies or limits
Scope capacity
capacity
outright
1. Circumstances That Modify or Limit Who cannot
Capacity to Act: Circumstances
Purpose act or is
o The law recognizes certain affecting capacity
limited
conditions or statuses that modify or
Minors, Age, insanity, deaf-
limit a person's capacity to act (i.e.,
Examples insane mute, alienage,
to legally perform acts that produce
persons insolvency, etc.
legal effects).
Restriction
o These circumstances include: Effect on Modification or
or
 Age Capacity limitation
incapacity
 Insanity
 Imbecility
Civil Code, other
Legal basis of Civil Code,
 Being a deaf-mute
codes, Rules of Court,
consequences other laws
 Penalty
special laws
 Prodigality (wastefulness) Capacity not limited
 Family relations by religion or political
Additional
 Alienage (being a foreigner) - opinion; Married
notes
 Absence women 21+ generally
 Insolvency fully capable
 Trusteeship
2. Legal Consequences Governed by
Various Laws: CHAPTER 2
 Natural Persons completely delivered from the mother’s womb.
However, if the foetus had an intra-uterine life
ARTICLE 40. Birth determines personality; but of less than seven months, it is not deemed
the conceived child shall be considered born born if it dies within twenty-four hours after its
for all purposes that are favorable to it, complete delivery from the maternal womb.
provided it be born later with the conditions (30a)
specified in the following article. (29a)
1. Definition of Birth for Civil Purposes
1. Birth as the Determinant of Personality:
o A person's legal personality begins  A foetus is considered born for civil
at birth. purposes if it is alive when completely
o This means that the law recognizes delivered from the mother’s womb.
an individual as a person with rights  Alive at birth means showing signs of life
and obligations only once they are upon complete delivery.
born.
2. Exception for the Conceived Child 2. Exception for Premature Birth
(Nasciturus):
o The conceived child (the unborn  If the foetus had an intra-uterine life of less
child still in the womb) is considered than seven months, it is not considered
born for all purposes favorable to born if it dies within 24 hours after
it. delivery.
o This means the law grants certain  This condition limits the legal personality of
protections or benefits to the unborn very premature infants who do not survive
child as if it were already born. shortly after birth.
3. Condition of Actual Birth:
o The unborn child must actually be 3. Civil Personality Commencement
born later for these rights or
benefits to apply.  Civil personality (legal recognition of
o This condition is further clarified in personhood) begins from conception for all
the following article (usually Article purposes favorable to the child, subject to
41), which typically sets out the Article 41’s conditions (i.e., live birth).
requirements for the child’s survival  This means the unborn child enjoys
or viability. provisional personality for favorable
purposes (inheritance, support rights,
donations, etc.).
🔍 Concepts
4. Legal Doctrine and Case Law
 Personality: Refers to the legal recognition
of a human being as a subject of rights and  The unborn child (nasciturus) has rights
duties. provisionally recognized before birth,
 Nasciturus Doctrine: A legal principle that assuming eventual live birth.
protects the rights of the unborn child,  Example: In Quimiguing v. Icao, the court
assuming birth occurs. ruled the unborn child has a right to support
 Favorable Purposes: Rights or benefits that even before birth.
the law provides to protect the interests of  The law protects the unborn child for
the unborn child (e.g., inheritance rights). inheritance, donations, support, and other
legal benefits.
 Support obligations extend to conceived but
📝 Summary unborn children, rejecting arguments that
Concept Explanation support only applies to born children.
Legal Personality A person acquires legal
Begins at Birth personality only after being born. 5. Conditions on Rights of the Unborn
The unborn child is legally Child
Conceived
considered born only for
Child's Rights Article 41 sets the condition precedent that
benefits that favor the child. 
The child must be actually born the child must be born alive according to the
Condition criteria stated.
later for these rights to apply.
 This birth condition is declarative, not
creating the rights but confirming their
ARTICLE 41. For civil purposes, the foetus is effectivity.
considered born if it is alive at the time it is
6. Limitations ARTICLE 42. Civil personality is extinguished
by death.
 The unborn child cannot claim damages for
wrongful death if the conditions of live birth 1. Civil Personality Ends at Death
are not met (as ruled in Geluz v. Court of o Death extinguishes a person’s legal
Appeals). existence or civil personality.
 However, parents may claim damages for o After death, a person no longer has
distress caused by wrongful abortion under legal capacity to acquire or transmit
certain circumstances. rights and obligations.
2. Effect of Death on Rights and Obligations
7. Birth Certificate and Registration o The rights and obligations of the
deceased are governed by:
 The birth certificate is the best evidence of  Law (statutes and Civil Code)
birth, registered in the local civil registry.  Contractual agreements
 Registration is mandatory and includes  Will or testamentary
detailed facts like date, hour, sex, dispositions
nationality, parents’ details, and place of 3. Example of Rights Transmission After
birth. Death
 Birth certificates are prima facie evidence o Heirs may acquire rights (e.g., co-
but can be rebutted by other evidence. ownership) derived from the
 For illegitimate children, the father's name is decedent's estate, but cannot acquire
excluded if he refuses acknowledgment. new rights or rights that did not exist
before death.
8. Confidentiality of Birth Records o In the case discussed, heirs’
redemption rights arose after the
 Birth records are strictly confidential and death and were personal rights, not
not disclosed except in specified cases. inherited from the deceased.
 Access is limited to the individual, 4. Death Certificate
authorized persons, court orders, or in case o The local civil registrar must keep
of death, nearest kin. death certificates.
 Unauthorized disclosure is penalized by o Burial cannot occur without a proper
imprisonment or fines. death certificate.
o The certificate includes vital
information like date, place, cause of
death, identity details, etc.
o During epidemics, burials are
Concept Explanation
allowed with certificates, which must
Foetus considered born if alive be registered within five days.
Live Birth
at complete delivery. 5. Post-Death Regulation of Rights
Less than 7 months gestation + o Contracts, wills, and laws continue to
Premature Infant
death within 24 hours = not regulate the rights and obligations
Exception
legally born. related to the deceased’s estate.
Begins at conception, subject to o Creditors may claim debts from the
Civil Personality
Article 41’s live birth estate before distribution to heirs.
Start
condition. o A testator may disinherit heirs for
Unborn child has provisional valid legal reasons through a will.
Rights of
rights (support, inheritance) if o Legal protection exists against
Nasciturus
eventually born alive. disrespect or wrongful interference
Cases confirm support with the dead or their funeral
Legal Precedent obligation extends to unborn (damages may be claimed).
children.
No wrongful death claims if
Limitations on
child not born alive, but parents
Claims
may claim distress damages. Summary
Primary evidence of birth,
Birth Certificate
registered and confidential. Death ends the civil personality, but the rights
Birth records protected by law; and obligations of the deceased continue to be
Confidentiality disclosure limited and managed through laws, contracts, and wills, with
punishable if unauthorized. proper certification and legal formalities ensuring
orderly succession and respect for the deceased.
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. (33)