Republic of the Philippines 1

UNIVERSITY OF CAGAYAN VALLEY

COLLEGE OF LAW PERSONS AND FAMILY LAW
Balzain, Tuguegarao City, Cagayan

ARTICLE 1.
This Act shall be known as the “Civil Code of the Philippines.”

Republic Act No. 386 – Civil Code of the Philippines

Drafting Body: Prepared by the Roxas Code Commission, created by Executive Order No. 48 on March
20, 1947 by President Manuel Roxas.
 Chairman: Dr. Jorge C. Bocobo
 Members: Judge Guillermo B. Guevarra, Dean Pedro Y. Ylagan, and Francisco R. Capistrano.
 Additional Member: Arturo M. Tolentino (later resigned after being elected congressman; replaced by
Dr. Carmelino Alvendia).
 Work Period: Started May 8, 1947, finished December 15, 1947.
 Enactment: Passed by the Senate and House of Representatives on January 26, 1949.
 Title: “An Act to Ordain and Institute the Civil Code of the Philippines.”

ARTICLE 2.
Laws shall take effect after fifteen days following the completion of their
publication either in the Official Gazette or in a newspaper of general
circulation in the Philippines, unless it is otherwise provided.

In the Case of TAÑADA v. TUVERA

Article 2 of the New Civil Code requires publication in the Official Gazette for laws to be valid and
enforceable, even if they provide their own effectivity date. Publication is an indispensable requirement
for laws to be valid and enforceable.

Publication of presidential decrees which are “of public nature” or “general in application” shall be
published in the Official Gazette, otherwise it would violate the due process clause because it would be
unjust for people to be not given a notice of the existence of laws which restrict and regulate their acts.

Exception, Other presidential issuances which apply only to particular persons or class of persons such as
administrative and executive orders need not be published on the assumption that they have been
circularized to all concerned. Furthermore, non publication will result in the ineffectivity of the law.1

In the Case of TAÑADA v. TUVERA

“unless otherwise provided”

refers to the date of effectivity and not to the publication requirement, which cannot in any event be
omitted. 2
Publication is indispensable—it can never be omitted.

 What the clause allows is that the 15-day period after publication may be shortened or extended by the
legislature.
 It does not mean that a law can take effect immediately upon approval without publication, because
non-publication would violate due process by denying the public notice of laws that govern them.

Must be published;
 presidential decrees

1
Tañada v. Tuvera , 136 SCRA 27, 1985
2
. Tanada v. Tuvera, G.R. No. L-63915, December 29, 1986

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Republic of the Philippines 2
UNIVERSITY OF CAGAYAN VALLEY
COLLEGE OF LAW PERSONS AND FAMILY LAW
Balzain, Tuguegarao City, Cagayan
 executive orders promulgated by the President in the exercise of legislative powers whenever the same
are validly delegated by the legislature or, at present, directly conferred by the Constitution:
 Administrative rules and Regulations, if their purpose is to enforce or implement existing law pursuant
to a valid delegation.3

What are the things that need not to be published?

 Interpretative regulations and those merely internal in nature, that is, regulating only the personnel of
the administrative agency and not the public, need not be published.
 Dealing with instructions from an administrative superior to a subordinate regarding the performance of
their duties

This rule applies not only to criminal laws, but also to other types of laws, like:

 A law about prescription (how long you can file a case or claim something),

 Or any law that can affect people’s rights and obligations.

 All these laws must be communicated to the public first — through proper publication — before they
can be enforced.

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

In the case of Marbella-Bobis, she filed bigamy case against respondent Isagani Bobis, who
contracted a second marriage while his first marriage is subsisting. The court said that ignorance of the
existence of Article 40 of the Family Code cannot even be successfully invoked as an excuse. The legality of
a marriage is a matter of law and every person is presumed to know the law. 4

This rule is based not just on practicality and good policy, but on necessity — meaning, it is
absolutely necessary for the law to work. If people were allowed to say, “I didn’t know that was the law, so I
shouldn’t be punished,” then anyone could easily escape responsibility, and the law would be useless.

There is Conclusive Presumption so long as the law is published, everyone is presumed to be informed.

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

 Prospective if it is expected to happen in the future.

 Retroactive if it takes effect from a date in the past.

EXCEPTIONS TO THE RULE

The following laws have retroactive effect even if retroactivity is not expressly provided for in the law.
1. When the law is a penal statute and that it favors the accused who is not a habitual criminal, even though
at the time of the law’s enactment, final sentence has already been rendered. (See Art. 22, Revised Penal
Code.)

Note:
3
Philsa v. Secretary of Labor (G.R. No. 103144, April 2, 2001)
4
Marbella-Bobis v. Bobis G.R. No. 138509, July 31, 2000
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Republic of the Philippines 3
UNIVERSITY OF CAGAYAN VALLEY
COLLEGE OF LAW PERSONS AND FAMILY LAW
Balzain, Tuguegarao City, Cagayan
A person is called a habitual delinquent if:5
 Within 10 years from the date they were released from prison or last convicted they commit again any
of these crimes:
 Serious or less serious physical injuries
 Robo (robbery)
 Hurto (theft)
 Estafa (fraud)
 Falsification (forging documents, etc.)

 They are found guilty of any of these crimes for the third time or more.

2. When the law is procedural and that it does not affect or change vested rights.
3. When the law creates new substantive rights.
4. When the law’s purpose is to cure defects in judicial or administrative proceedings.

Note: Curative laws address past legal defects by making valid, in the eyes of the law, actions done in good faith that
failed due to technical or legal issues. They are meant to repair or validate something that was previously defective,
and if the defect is one that lawmakers could have allowed or removed from the start, they may later pass a new law to
fix it — even for past cases.

5. When the law’s purpose is to interpret other laws.

REASON TO THE RULE

Laws shall have no retroactive effect is the tendency of retroactive laws to be unjust and oppressive. They
may infringe upon vested rights or disrupt the legal effect of transactions prior to the enactment of the law.

Article 5.
Acts executed against the provisions of mandatory or prohibitory laws shall
be void, except when the law itself authorizes their validity.

Mandatory Law – a law that requires a certain act to be done; it is not optional and leaves no room for
personal choice. In legal language, mandatory provisions are usually indicated by words such as “must”,
“shall”, or “will”.

Example: NATIONAL INTERNAL REVENUE CODE OF 1997.

Prohibitory Law – a law that forbids or prohibits certain acts from being done. It tells people what they
cannot do. Prohibitory provisions are usually indicated by words such as “shall not”, “may not”, “cannot”,
or “no person shall”.
Example: Anti-Graft and Corrupt Practices Act (RA 3019)

Article 6.
Rights may be waived, unless the waiver is contrary to law, public policy,
morals or good customs, or prejudicial to a third person with a right
recognized by law.

In the case of michael guy v CA:

5
Par 5, section II, Art 62 of the Revised Penal Code
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Republic of the Philippines 4
UNIVERSITY OF CAGAYAN VALLEY
COLLEGE OF LAW PERSONS AND FAMILY LAW
Balzain, Tuguegarao City, Cagayan
waiver is the intentional relinquishment of a known right. Where one lacks knowledge of a right, there is
no basis upon which waiver of it can rest. Ignorance of a material fact negates waiver, and waiver cannot be
established by a consent given under a mistake or misapprehension of fact.

To be valid and effective, a waiver must:

1. be couched in clear and unequivocal terms which leave no doubt as to the intention of a party to give up a
right or benefit which legally pertains to him.

2. may not be attributed to a person when its terms do not explicitly and clearly evince an intent to abandon
a right

In the case of Cui v. Arrellano university (Landmark case):

Void contract as against public policy, a court must find that the contract as to
consideration or the thing to be done, contravenes some established interest of society, or is inconsistent
with sound policy and good morals or tends clearly to undermine the security of individual rights.
Scholarship are awarded in recognition of merit not to keep outstanding students in school to bolster its
prestige. In the understanding of that university scholarships award is a business scheme designed to
increase the business potential of an education institution. Thus conceived it is not only inconsistent with
sound policy but also good morals.

Waiver of Rights – Key Points

1. Waivers are not assumed.
 You can’t just guess or presume that someone gave up a right.
 It must be clearly proven, either:
 By an express statement (written or spoken), or
 By actions that can only mean they gave up the right.

2. The right must already exist.

You can only waive a right that is real and existing at the time of the waiver.

You can’t give up a right you don’t have yet. "nemo dat quod non habet "translates to "no one can give what
he does not have".

3. The person must have capacity.

Only someone who is legally capable and actually possesses the right can validly waive it.
Example: A minor generally can’t validly waive certain legal rights because of lack of legal capacity.

In short:
A valid waiver must be clear, intentional, and made by someone who has the right and the capacity to give it
up.

good customs
Manresa defined this, as those generally accepted principles of morality which have received some kind of
social and practical confirmation. The practice of awarding scholarships to attract students and keep them in
school is not good customs nor has it received some kind of social and practical confirmation except in some
private institutions as in Arellano University.

Article 7.
Laws are repealed only by subsequent ones, and their violation or non-
observance shall not be excused by disuse, or custom, or practice to the
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Republic of the Philippines 5
UNIVERSITY OF CAGAYAN VALLEY
COLLEGE OF LAW PERSONS AND FAMILY LAW
Balzain, Tuguegarao City, Cagayan
contrary. When the courts declare a law to be inconsistent with the
Constitution, the former shall be void and the latter shall govern.

Administrative or executive acts, orders and regulations shall be valid only

when they are not contrary to the laws or the Constitution.

In the case of Laguna Lake Dev. Aut v. Ca:

In re: Special Law over General

It is basic in statutory construction that the enactment of a later legislation which is a general law cannot be
construed to have repealed a special law. It is a well-settled rule in this jurisdiction that "a special statute,
provided for a particular case or class of cases, is not repealed by a subsequent statute, general in its terms,
provisions and application, unless the intent to repeal or alter is manifest, although the terms of the general
law are broad enough to include the cases embraced in the special law.

The Local Government Code of 1991 does not contain any express provision which categorically expressly
repeal the charter of the Authority. It has to be conceded that there was no intent on the part of the
legislature to repeal Republic Act No. 4850 and its amendments. The repeal of laws should be made clear
and expressed.

It has to be conceded that the charter of the Laguna Lake Development Authority constitutes a special law.
Republic Act No. 7160, the Local Government Code of 1991, is a general law.

In the case of Hagad v. Dadole:

Settled rule: repeals of laws by implication are not favored, and that courts must generally assume
their congruent application.

The two laws must be absolutely incompatible, and a clear finding thereof must surface, before the inference
of implied repeal may be drawn.

interpretare et concordare legibus est optimus interpretendi , every statute must

be so interpreted and brought into accord with other laws as to form a uniform system of jurisprudence. The
fundament is that the legislature should be presumed to have known the existing laws on the subject and not
to have enacted conflicting statutes.21 Hence, all doubts must be resolved against any implied repeal,22 and
all efforts should be exerted in order to harmonize and give effect to all laws on the subject.

In the case of Araullo v. Aquino

The Court had in the past exercised its power of judicial review despite the cases being rendered moot and
academic by supervening events, like:

(1) when there was a grave violation of the Constitution;

(2) when the case involved a situation of exceptional character and was of paramount public interest;

(3) when the constitutional issue raised required the formulation of controlling principles to guide the Bench,
the Bar and the public; and

(4) when the case was capable of repetition yet evading review.

1. Implied Repeal
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Republic of the Philippines 6
UNIVERSITY OF CAGAYAN VALLEY
COLLEGE OF LAW PERSONS AND FAMILY LAW
Balzain, Tuguegarao City, Cagayan
Happens when a new law has provisions that conflict with or contradict an old law, even though the new law
does not say that the old law is repealed.

The contradiction between the two laws is enough to “imply” that the old one is no longer valid on that point.

Note: Courts don’t like implied repeals — they’re not favored — unless the conflict is clear and
unavoidable.

Example:
Old law: “Shops must close at 8 PM.”
New law: “Shops may stay open until 10 PM.”
Even without saying the old law is repealed, the 8 PM rule is impliedly repealed.

2. Express Repeal
Happens when the new law clearly and directly states that certain laws or parts of laws are repealed.

Two forms:
Specific repeal – The new law names the exact law or provision to be repealed.
Example: “Republic Act No. 123, Section 5, is hereby repealed.”
General repeal – The new law says that all laws inconsistent with it are repealed.
Example: “All laws or parts of laws inconsistent with this Act are hereby repealed.”

Rule in Statutory Construction – Special Law vs. General Law

A special law that applies to a specific case or group of cases is not repealed just because a later general law
covers the same subject.
It will only be repealed if the intent to repeal is clear and unmistakable from the lawmakers.

Example
Special Law: A law specifically for teachers’ retirement benefits.
Later General Law: A new retirement law that applies to all government employees.
As a Rule: The special law for teachers still applies unless the new general law clearly says it replaces it.

Unconstitutional Statutes
The Constitution is the highest and most important law of the Philippines. Hence, there should be no regular
law (statute) can go against the Constitution. (Floresca v. Philex Mining Corp.) When courts check if a law
is constitutional, they start with the assumption that the law is valid. If possible, courts will interpret a law in
a way that avoids conflict with the Constitution. (Noblejas v. Teehankee)

Note: Whether a law is constitutional or not depends on the situation when it was passed, not on later events
or how it is enforced. (Gonzales v. COMELEC)

Partial Unconstitutionality
If the valid part can stand on its own and still reflect the lawmakers’ intent, it can remain in effect.
(Barrameda v. Moir). But…If the parts of the law are so connected and dependent on each other that
lawmakers probably wouldn’t have passed one without the other, then the whole law falls. (Lidasan v.
COMELEC)

Example:

Law: “All public schools must offer free lunch and free bus service to students.”
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Republic of the Philippines 7
UNIVERSITY OF CAGAYAN VALLEY
COLLEGE OF LAW PERSONS AND FAMILY LAW
Balzain, Tuguegarao City, Cagayan
If the free bus service part is unconstitutional:
If separable: Free lunch can still stay if lawmakers would have passed it alone.
If inseparable: If lawmakers only wanted free lunch with free bus service, then both parts are void.

ARTICLE 8.
Judicial decisions applying or interpreting the laws or the Constitution shall
form part of the legal system of the Philippines.

doctrine of stare decisis et non quieta movere (to adhere to precedents and
not to unsettle things which are established) is embodied in Article 8 (Lazatin, et.al. v. Desierto and
Sandigandayan).

Enjoins adherence to judicial precedents. It requires courts in a country to follow the rule established in a
decision of the Supreme Court thereof. That decision becomes a judicial precedent to be followed in
subsequent cases by all courts in the land (Fermin v. People)

Based on the principle that once a question of law has been examined and decided, it should be deemed
settled and closed to further argument.

Importance
Grounded on the necessity for securing certainty and stability of judicial decisions, thus:

It is a very desirable and necessary judicial practice that when a court has laid down a principle of law as
applicable to a certain state of facts, it will adhere to that principle and apply it to all future cases in
which the facts are substantially the same.

Stare decisis et non quieta movere. Stand by the decisions and disturb not
what is settled.
It ensures certainty in the law by applying the same conclusion in later cases if the facts are substantially the
same, even if the parties differ. The principle is that like cases should be decided alike, unless there are
strong reasons to do otherwise.

Thus, where the same questions relating to the same event have been put forward by the parties similarly
situated as in a previous case litigated and decided by a competent court, the rule of stare decisis is a bar to
any attempt to relitigate the same issue.

Abandonment of the Doctrine

The doctrine has assumed such value in our judicial system that the Court has ruled that "abandonment
thereof must be based only on strong and compelling reasons, otherwise, the becoming virtue of
predictability which is expected from this Court would be immeasurably affected and the public's
confidence in the stability of the solemn pronouncements diminished.

Courts may set aside the doctrine of stare decisis only upon showing that circumstances attendant in a
particular case override the great benefits derived by our judicial system from the doctrine of stare decisis.

In the case People v. Jabinal

The settled rule supported by numerous authorities is a restatement of the legal maxim “legis interpretatio
legis vim obtinet” — the interpretation placed upon the written law by a competent court has the force of
law.

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UNIVERSITY OF CAGAYAN VALLEY
COLLEGE OF LAW PERSONS AND FAMILY LAW
Balzain, Tuguegarao City, Cagayan
Judicial decisions of the Supreme Court are authoritative and precedent-setting while those of the inferior
courts and the Court of Appeals are merely persuasive. Indeed, it is the duty of judges to apply the law as
interpreted by the Supreme Court (Secretary of Justice v. Catolico.

It is consequently clear that a judicial interpretation becomes a part of the law as of the date that law was
originally passed, subject only to the qualification that when a doctrine of this Court is overruled and a
different view is adopted, and more so when there is a reversal thereof, the new doctrine should be applied
prospectively and should not apply to parties who relied on the old doctrine and acted in good faith
(Doctrine of Operative Fact).

To hold otherwise would be to deprive the law of its quality of fairness and justice then, if there is no
recognition of what had transpired prior to such adjudication.

ARTICLE 9.
No judge or court shall decline to render judgment by reason of the silence,
obscurity or insufficiency of the laws.

“Jure naturae aequum est, meminem cum alterius detrimento et injuria fi eri locupletiorem”
Ancient maxim of the Roman law,

Restated by the Partidas in these terms: “Ninguno non deue enriquecerse tortizeramente con dano de
otro.” When the statutes are silent or ambiguous, this is one of those fundamental principles which the
courts invoke in order to arrive at a solution that would respond to the vehement urge of conscience (In re
Padilla, 74 Phil. 377)

Article 5 of the Revised Penal Code outlines the court's duty to report to the Chief Executive through the
Department of Justice any acts deemed worthy of punishment but not yet codified by law, while also
submitting similar statements regarding excessive penalties without suspending the sentence. This provision
serves two key functions: to suggest new legislation for unpunished acts and to seek relief from clearly
unjust penalties that would result from strict application of the law.
Duty to Recommend New Legislation

For Unpunished Acts:

If a court identifies an act that it believes should be punished but is not covered by existing law, the court
must render the appropriate decision based on current law

ARTICLE 10. In case of doubt in the interpretation or application of laws, it

is presumed that the lawmaking body intended right and justice to prevail.
(n)

Note: If there is ambiguity in the law, interpretation of the law requires fidelity to the legislative purpose.
What Congress intended is not to be frustrated. Its objective must be carried out. Even if there be doubt as to
the meaning of the language employed, the interpretation should not be at war with the end sought to be
attained (Republic Flour Mills, Inc. v. Commissioner of Customs, 39 SCRA 269).

ARTICLE 11. Customs which are contrary to law, public order or public policy shall not be countenanced.
(n)
ARTICLE 12. A custom must be proved as a fact, according to the rules of evidence. (n)

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Republic of the Philippines 9
UNIVERSITY OF CAGAYAN VALLEY
COLLEGE OF LAW PERSONS AND FAMILY LAW
Balzain, Tuguegarao City, Cagayan

In the Case Co Giok Lun v. Jose Co

Custom is a rule of conduct developed by repeated actions, consistently followed by people as if it were law.

Proof: Courts do not automatically recognize customs. They must be proven in court like any other fact,
using proper evidence.

Types:
Juridical custom – legally binding; can supplement the law or be applied when there is no law.
Social custom – just a common practice; not legally binding.
Limits:
Customs against the law, public order, or public policy are not valid.

Note: Even if proven, a custom cannot override a law or a Supreme Court ruling. (Ozaeta, Romulo case)

Resort to Equity
Equity jurisdiction aims to do complete justice in cases where a court of law is unable to adapt its judgments
to the special circumstances of a case because of the inflexibility of its statutory or legal
jurisdiction.[24] Equity is the principle by which substantial justice may be attained in cases where the
prescribed or customary forms of ordinary law are inadequate

ARTICLE 13.
When the laws speak of years, months, days or nights, it shall be understood
that years are of three hundred sixty-five days each; months, of thirty days;
days, of twenty-four hours; and nights from sunset to sunrise.

If months are designated by their name, they shall be computed by the number of
days which they respectively have.

In computing a period, the first day shall be excluded, and the last day included.
(7a)

Year: 365 days

Month: 30 days (unless the law names the month, then use its actual number of days)
Day: 24 hours
Night: Sunset to sunrise

Rule 22 (Computation of Time)

Section 1 – How to compute time
Counting periods:
Exclude the first day.
Include the last day

BUT if the last day falls on a Saturday, Sunday, or holiday, the deadline moves to the next working day.

Example: If you’re given 10 days starting from March 1, you start counting on March 2. The 10th day is
March 11. If March 11 is a Sunday, the deadline is moved to March 12 (Monday).

Section 2 – Effect of interruption

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UNIVERSITY OF CAGAYAN VALLEY
COLLEGE OF LAW PERSONS AND FAMILY LAW
Balzain, Tuguegarao City, Cagayan
 If something happens that pauses or interrupts the running of time (like a motion filed that needs to be
resolved first), the countdown stops.

 The clock resumes the day after you receive notice that the interruption is over.

 The day when the interruption happened is not counted.

Example: You have 10 days to file an appeal. After 3 days, something interrupts the period (say, a motion
for reconsideration is filed). The clock stops. Once the court resolves the motion and you’re notified, the
clock resumes the next day — so you still have the remaining 7 days.

The difference in civil code and the Administrative code:

In leap year:
Starting Date: Feb 29, 2024
After two years;
Civil Code: Feb 29, 2026 (using 730 days rule)
Admin Code: Feb 29, 2026 (2years calendar month)

If non leap year

Starting Date: March 1, 2023
After two years;
Civil Code: Feb 29, 2025 (using 730 days rule)
Admin Code: March 1, 2025 (2years calendar month)

ARTICLE 14.
Penal laws and those of public security and safety shall be obligatory upon all who live
or sojourn in Philippine territory, subject to the principles of public international law
and to treaty stipulations. (8a)

In the case PP v. Galacgac

Generality means that the criminal law of the country governs all persons who lives or sojourns in the
Philippines (Article 14, NCC), subject to certain exceptions brought about by international agreement.
Ambassadors, chiefs of states and other diplomatic officials are immune from the application of penal laws
when they are in the country where they are assigned Acts performed should be in official capacity and
performance of his duty (G.R. No. 125865. January 28, 2000).

Exception: Immunity from Criminal Prosecution, because of international agreements or diplomatic

immunity. Based on the 1961 Vienna Convention on Diplomatic Relations:

Diplomatic agents (like ambassadors or diplomatic staff)

Diplomatic agent is:
The head of a mission or
A member of diplomatic staff

Heads of State is:

Foreign presidents or monarchs on official visits to the Philippines also enjoy criminal immunity.

Subject to PH
Person Can Be Prosecuted?
Penal Laws?
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Republic of the Philippines 11
UNIVERSITY OF CAGAYAN VALLEY
COLLEGE OF LAW PERSONS AND FAMILY LAW
Balzain, Tuguegarao City, Cagayan

Subject to PH
Person Can Be Prosecuted?
Penal Laws?
Filipino
✅ Yes ✅ Yes
Citizens
Foreigners
✅ Yes ✅ Yes
(regular)
Foreigners
✅ Yes ❌ No (if covered by treaty)
(diplomats)
Visiting Heads
✅ Yes ❌ No
of State

In the case Perkins vs. Dizon,

Doctrine:
General rule: Philippine courts have no jurisdiction over non-residents who are not served personally within
the country.

Exception: If the case is in rem or quasi in rem involving property located in the Philippines, jurisdiction
over the property is enough, and summons by publication is valid.

For a court to exercise power over a res (the property), it is not necessary for the court to physically take
control of it. It is enough that the court has potential custody, which exists when the law recognizes the
court’s authority over the property because of the nature of the case.
Example: In land registration proceedings, the court does not take physical possession of the land. Instead, at
the request of the person claiming ownership, the court assumes jurisdiction in rem over the land and
decides who owns it, with the judgment binding against the whole world.

1. In Personam (against the person)- A case directed against a specific person to enforce
personal rights and obligations.

The court must have jurisdiction over the person (usually through personal service of summons).

The court only needs jurisdiction over the property (res), not over the person.

Judgment binds the person (you must be summoned personally).

2. In Rem (against the thing)

A case directed against a property or status, not against a particular person.

The court only needs jurisdiction over the property (res), not over the person.

Judgment binds the whole world regarding the status/property (e.g., land registration).

3. Quasi In Rem (against a person through the thing)

A case against a person but only to the extent of his interest in a property.

Jurisdiction over the property located in the Philippines is enough.

Judgment binds only the interests of specific persons in the property (e.g., foreclosure, attachment).
Comparison Table of Civil Actions
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Republic of the Philippines 12
UNIVERSITY OF CAGAYAN VALLEY
COLLEGE OF LAW PERSONS AND FAMILY LAW
Balzain, Tuguegarao City, Cagayan

Aspect Action in Rem Action in Personam Action Quasi in Rem

Directed against the res Directed against a specific person Directed against a person but limited to
Definition /
(property or status), not a to enforce a personal his property or interest, not imposing
Nature
person. duty/liability. general personal liability.
Land registration Attachment/garnishment
Breach of contract
proceedings

Foreclosure in rem Partition suits

Examples Specific performance
Probate/settlement of estate
Recovery of damages
Annulment or nullity of Foreclosure affecting only the
Collection suits (sum of money)
marriage mortgaged property
Court acquires jurisdiction over Court acquires jurisdiction over the
Court acquires jurisdiction
the defendant’s person only after property by attachment, garnishment, or
over the res once the case is
Jurisdiction valid service of summons statutory notice; summons may be by
filed and publication/notice
(personal, substituted, or publication if defendant is outside
requirements are met.
extraterritorial in limited cases). jurisdiction.
Must be personal/substituted May be publication or attachment of
Service of Usually by publication and
service within the forum; property; personal service not strictly
Summons / posting to notify all
extraterritorial only if allowed by required if the property is already under
Notice claimants.
Rules. court control.
Binding only between the parties with
Effect of Binding erga omnes (upon Binding only upon the parties respect to the property; no general
Judgment the whole world). properly served (not third parties). personal liability unless personal
summons was validly served.
Rule 2 & Rule 14 Rule 14, Sec. 15 (extraterritorial
Rule 14 (modes of service of
Relevant Rules (summons by publication, service) + attachment/garnishment
summons).
jurisdiction over res). provisions.
Biaco v. PCRB (2008) – limited to
Key Land registration and Domagas v. Jensen (2006) –
property; De Pedro v. Romasan (2016)
Jurisprudence probate rulings necessity of valid summons
– extraterritorial service

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UNIVERSITY OF CAGAYAN VALLEY
COLLEGE OF LAW PERSONS AND FAMILY LAW
Balzain, Tuguegarao City, Cagayan

ARTICLE 15. Laws relating to family rights and duties, or to the status, condition
and legal capacity of persons are binding upon citizens of the Philippines, even though
living abroad. (9a)

Under Nationality Rule/ Principle, Philippine laws continue to apply to Filipino citizens when it comes to
their "family rights and duties... status, condition and legal capacity" even if they do not reside in the
Philippines.

In the same manne, the Philippines respects the national personal laws of aliens and defers to them when it
comes to succession issues and "the intrinsic validity of testamentary provisions.

In the Case of Tenchavez v. Escano

The Supreme Court ruled that a foreign divorce obtained by a Filipino is not valid under Philippine law.

Recognized in
Scenario Legal Effect in PH
PH?
Filipino gets divorce abroad ❌ No Still considered married
Foreigner spouse divorces Filipino abroad (Art. Filipino can remarry in the
✅ Yes
26) Philippines

In the Case of Board of Commissioners vs. Dela Rosa Wether the William Gatchalian is a Filipino Citizen
and the his marriage n China is valid or should be recognized in the Philippines.

Lex loci celebrationis is a conflict of laws principle that comes into play when there are substantive issues
relating to a contract celebrated in a place other than the parties’ country of citizenship.6. It adheres to the
rule that a marriage formally valid where celebrated is valid everywhere.7

The Philippine courts apply the same principle not only with respect to marriage but also to other contracts,
in order to determine the applicable law in resolving disputes that may arise therefrom.8

Along this line, it is important to emphasize that when a marriage is celebrated abroad, its validity does not
depend solely on foreign law. Although it may be recognized in the jurisdiction where it was solemnized, it
may still be deemed invalid in the Philippines if it falls under the instances enumerated in paragraph 1,
Article 26 of the Family Code, such as incestuous or bigamous marriages. Moreover, regardless of the place
of celebration, Philippine laws continue to govern Filipino citizens with respect to family rights and duties,
status, condition, and legal capacity. Consequently, any controversy arising therefrom must be resolved in
accordance with Philippine law.

In the Case of Koh vs. CA

On May 21, 1970, Francisco T. Koh filed a forcible entry and detainer case against Coloma over a house in
Mandaluyong, but they later entered into a court-approved compromise where Coloma agreed to pay
₱3,125.00 secured by a postdated check. Coloma failed to fund the check by its due date, leading Koh to
forcibly evict him and his family the next day, February 28, 1971. Koh then filed a criminal case for the
bounced check and even acted as private prosecutor, but the Court of First Instance of Rizal dismissed the
criminal complaint on September 26, 1972.

Doctrine on venue of personal actions

6
Ambrose vs. Suque-Ambrose G.R. No. 206761, June 23, 2021
7
Board of Commissioners vs. Dela Rosa, G.R. Nos. 95122-23 (May 31, 1991)
8
Ambrose vs. Suque-Ambrose G.R. No. 206761, June 23, 2021
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UNIVERSITY OF CAGAYAN VALLEY
COLLEGE OF LAW PERSONS AND FAMILY LAW
Balzain, Tuguegarao City, Cagayan

Where he actually resided or where he may be found at the time he brought the action, to comply
substantially with the requirements of Sec. 2 (b) of Rule 4, Rules of Court

The Doctrine of Legal Standing

Legal standing, also known as locus standi, refers to the right of a person to initiate a lawsuit in court. In the
Philippines, the concept of legal standing is rooted in the broader doctrine of judicial review and is used to
determine who is permitted to bring a case to court.

Requirements for Legal Standing

The typical requirements to establish legal standing include: 1) a direct injury or imminent threat of harm; 2)
a causal connection between the injury and the conduct being challenged; and 3) a likelihood that a
favorable court decision will redress the injury. In other words, the individual or entity must be directly
affected by the legal issue at hand and must stand to benefit or suffer from the court’s judgment.

ARTICLE 16. Real property as well as personal property is subject to the law of the country where it is
situated.

However, intestate and testamentary successions, both with respect to the order of succession and to the
amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by
the national law of the person whose succession is under consideration, whatever may be the nature of the
property and regardless of the country wherein said property may be found. (10a)

Lex Rei Sitae as applied in the Philippines requires that any legal issues involving immovable property
located within the Philippines are governed exclusively by Philippine law. This principle reflects a universal
recognition of the inherent connection between real property and its location, ensuring consistency in the
application of property law. The doctrine applies across property transactions, succession, inheritance, and
judicial enforcement, underscoring the territorial nature of real property law and providing a clear
framework for resolving legal conflicts involving immovable property in a globalized world.

Exceptions, nationality law applies:

legal and testamentary successions, in respect to the order of succession as well as to the extent of the
successional rights and the intrinsic validity of their provisions, shall be regulated by the national law of the
person whose succession is in question, whatever may be the nature of the property and the country in which
it is found.

Para sa bobong version ko:

1. Lex Situs Rule (Where Property is Located)
If the issue involves ownership or transfer of real estate, the law of the country where it is located applies.
Example: If a property is in the Philippines, Philippine laws apply to its sale, mortgage, or ownership, even
if the owner is a foreigner.

2. Nationality Rule in Succession (Article 16, par. 2)

When it comes to succession (inheritance), the national law of the deceased governs matters such as:
Who inherits,
How much they inherit,
Validity of will provisions.
Example:
A Turkish citizen dies leaving property in the Philippines. The distribution of his estate will follow Turkish
law, not Philippine law—even for his properties located in the Philippines.
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UNIVERSITY OF CAGAYAN VALLEY
COLLEGE OF LAW PERSONS AND FAMILY LAW
Balzain, Tuguegarao City, Cagayan

In Minciano v. Brimo (50 Phil. 867), a Turkish national specified in his will that Philippine law would
govern his estate.
Held: Invalid. The law applicable is that of his nationality (Turkey). A foreigner cannot override this by
merely choosing Philippine law in his will.

In Bellis v. Bellis
Amos Bellis, a U.S. citizen, left wills for property in Texas and the Philippines.

Philippine legitime laws (compulsory heir provisions) do not apply to foreigners. The laws of Texas (his
nationality and domicile) govern succession, and Texas has no forced heirship.

Also clarified that Article 17 (public policy clause) does not override the clear rule in Article 16(2).

Bottom Line:
 Property-related matters = law of the place (lex situs).
 Succession-related matters = law of the nationality of the deceased.
 Even if a foreigner owns property in the Philippines, his succession is determined not by Philippine law,
but his own national law.

This is a conflict of laws principle used to resolve legal questions involving multiple jurisdictions.

Renvoi Doctrine applies when a court faces a conflict of laws and must consider not just the foreign
law itself but also that foreign state’s conflict of law rules. In succession cases, this can determine which
country’s law governs inheritance. 9

In the Christensen case, the Supreme Court held that since the deceased, a Californian, was domiciled in the
Philippines, the validity of his will should be governed by Philippine law (as required by California’s
conflict rules under Art. 946 of its Civil Code), not California’s internal law.

In short: The doctrine made the Philippine court apply its own law because California law referred the
matter back to the law of domicile (Philippines).

Transmission Theory – If the foreign law refers to a third country, then the laws of that country
should govern. This situation is a variety of the renvoi doctrine. For example, if B, a Canadian national
residing in the Philippines who owns properties in Switzerland, dies, his estate shall be governed by the laws
of Canada pursuant to Article 15. However, if Canadian law provides that the law of the place where the
property is situated should apply, then the laws of the third country (Switzerland) will govern the
distribution of his estate.

Doctrine of Processual Presumption

When a case involves foreign law but that law is not properly pleaded and proved in court, Philippine courts
will presume that the foreign law is the same as Philippine law 10

Aspect Renvoi Doctrine Processual Presumption

When it When foreign law is pleaded and proved, but that foreign When foreign law is NOT pleaded and proved in
applies law itself refers the matter back to the law of domicile court.

9
Aznar vs. Garcia GR No. L-16749
10
Crescent Petroleum Ltd. vs. M/V “Lok Masheshwari” the Shipping Corp. of India et al (G.R. No. 155014, November 11, 2005)
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UNIVERSITY OF CAGAYAN VALLEY
COLLEGE OF LAW PERSONS AND FAMILY LAW
Balzain, Tuguegarao City, Cagayan

Aspect Renvoi Doctrine Processual Presumption

(Philippines) or to a third country.
Court follows the “referral” in the foreign conflict rules →
Court presumes the foreign law is the same as
Effect may end up applying Philippine law (or another law,
Philippine law and applies Philippine law directly.
depending on referral).
Basis / In re: Christensen – California law referred succession back Crescent Petroleum v. M/V Lok Maheshwari –
Example to the law of domicile (Philippines), so Philippine law Canadian law not proven, so it was presumed the
Case governed the will. same as Philippine law.
“We know the foreign law, but it points us back to “We don’t know the foreign law, so we assume it’s
Key Idea
Philippine law.” just like Philippine law.”

Multiple-contact Test In Lauritzen v. Larsen as cited in the case of Crescent.

In holding that Danish law and not the Jones Act was applicable, the Supreme Court adopted a multiple-
contact test to determine, in the absence of a specific Congressional directive as to the statute’s reach, which
jurisdiction’s law should be applied.

The following factors were considered: (1) place of the wrongful act; (2) law of the flag; (3) allegiance or
domicile of the injured; (4) allegiance of the defendant shipowner; (5) place of contract; (6) inaccessibility
of foreign forum; and (7) law of the forum.

Mobilia sequuntur personam- movable property follows the law of the owner.

upon which the rule rests, has been described as a mere “fiction of law, having its origin in considerations of
general convenience and public policy, and not intended to limit or control the right of the State to tax
property within its jurisdiction” (State Board of Assessors v. Comptoir National D'Escompte, 191 U.S. 388,
403–404). It must instead “yield to the established fact of legal ownership, actual presence, and control
elsewhere, and cannot be applied if, in doing so, it would result in inescapable and patent injustice” (Safe
Deposit & Trust Co. v. Virginia, 280 U.S. 83, 91–92). Thus, there is a marked shift from artificial postulates
of law, formulated for reasons of convenience, to the actualities of each case.11

ARTICLE 17. The forms and solemnities of contracts, wills, and other
public instruments shall be governed by the laws of the country in which they
are executed.

When the acts referred to are executed before the diplomatic or consular
officials of the Republic of the Philippines in a foreign country, the solemnities
established by Philippine laws shall be observed in their execution.

Prohibitive laws concerning persons, their acts or property, and those which
have for their object public order, public policy and good customs shall not
be rendered ineffective by laws or judgments promulgated, or by
determinations or conventions agreed upon in a foreign country. (11a)

Lex Loci Intentionis- This refers to the law intended by the parties. When the parties stipulate that
the contract be governed by a specific law, such will be recognized unless there are cogent reasons for not
doing so.

11
Wells Fargo Bank & Union Trust Co., vs. Collector

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UNIVERSITY OF CAGAYAN VALLEY
COLLEGE OF LAW PERSONS AND FAMILY LAW
Balzain, Tuguegarao City, Cagayan

Lex Loci Celebrationis (Extrinsic Validity):

The form and solemnities of contracts, wills, and public instruments are governed by the law of the country
where they are executed.

Exception – Acts Before Philippine Diplomats:

If the act (e.g., marriage, will, contract) is executed before Philippine diplomatic or consular officials abroad,
it must follow Philippine law.

Prohibitive Laws Cannot Be Circumvented:

Any foreign law, judgment, or agreement cannot override Philippine prohibitive laws, especially concerning
persons, their acts or property, and those intended to safeguard public order, public policy, and good
customs.12

1. Extrinsic Validity of Public Acts (Lex Loci Celebrationis)

The extrinsic validity of the will is governed by the law of the country where the will was executed and
presented for probate. A contract, will, or public document executed abroad is valid in the Philippines if it
conforms to the form required by the foreign country.

✅ Example:
A holographic will made in Japan is valid even if the date is not in the testator's handwriting, as required in
Japan, even though in the Philippines, it must be handwritten under Art. 810 of the Civil Code.

2. intrinsic validity of the will "or the manner in which the properties were apportioned," refers
to whether the order and allocation of successional rights are in accordance with law. It can also refer to
whether an heir has not been disqualified from inheriting from the decedent.

Doctrines that will govern Intrinsic Validity of Contracts:

1. Lex Loci Contractus - This refers to the law of the place where the contract is executed or to be
performed. It controls the nature, construction, and validity of the contract and it may pertain to the law
voluntarily agreed upon by the parties or the law intended by them either expressly or implicitly.

2. Lex Loci Solutionis-This refers to the law of the place of performance. All matters relating to the time,
place, manner, and sufficiency of performance, as well as valid excuses for non-performance, are
determined by lex loci solutionis because it is undoubtedly related to the contract in a significant way.

3. Lex Loci Intentionis- This refers to the law intended by the parties. When the parties stipulate that the
contract be governed by a specific law, such will be recognized unless there are cogent reasons for not
doing so.

Diplomatic and Consular Acts Must Follow Philippine Law

Contracts or marriages executed before Philippine embassies or consulates abroad are subject to Philippine
laws, because:
The premises of embassies are under Philippine jurisdiction (under international law).
Diplomats act as representatives of the Philippine government.

12
Del Socorro v. Van Wilsem, G.R. No. 193707 (December 10, 2014)
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UNIVERSITY OF CAGAYAN VALLEY
COLLEGE OF LAW PERSONS AND FAMILY LAW
Balzain, Tuguegarao City, Cagayan
✅ Example:
If two Filipinos are married in Italy before a Philippine consul, the marriage must:
Comply with the Philippine Family Code
Have a marriage license
Be officiated by the consul under Article 10 of the Family Code

3. Prohibitive Laws and Public Policy Cannot Be Avoided

Example – Divorce:
For example, if a Filipina gets a divorce abroad and marries an American, her Filipino husband in the
Philippines can still sue her for legal separation for committing adultery—because, legally speaking, the
divorce is not valid here (Tenchavez v. Escano, 15 SCRA 355).

Only foreign spouses of Filipinos can validly obtain a recognized divorce abroad (under Article 26, Family
Code).
A Filipina who gets a foreign divorce and remarries may be liable for adultery under Philippine law.

Tenchavez v. Escaño, 15 SCRA 355

A Filipino husband obtained a divorce abroad, but the Supreme Court held that the Philippine law still
considers him married. This is because divorce decrees abroad are not recognized unless covered by Article
26 (for foreign spouses only)
His remarriage could lead to criminal liability

Summary Points:
Legal Rule Application
Lex loci celebrationis Form of public documents follows the law of the country where it was executed
Consular exception Acts before Philippine diplomats must follow Philippine law
Prohibitive laws override Public policy laws in the Philippines cannot be negated by foreign laws or rulings

Situs or Eclectic Theory – The capacity, status, and family relations of a person are governed not
necessarily by the law of his nationality or domicile, but by the law of the place (situs) where an important
element of the issue occurs or is situated.

ARTICLE 18. In matters which are governed by the Code of Commerce and special laws, their deficiency
shall be supplied by the provisions of this Code. (16a)
Supploroty provision

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UNIVERSITY OF CAGAYAN VALLEY
COLLEGE OF LAW PERSONS AND FAMILY LAW
Balzain, Tuguegarao City, Cagayan

CHAPTER 2
Human Relations (Article 19 to 51 )
Article 19. “Every person must, in the exercise of his rights and in the performance of his duties, act with
justice, give everyone his due, and observe honesty and good faith.”

Principle of Abuse of Rights

Sets certain standards which may be observed not only in the exercise of one’s rights but also in the
performance of one’s duties.
The law recognizes that all rights have limits. In exercising any right, the standards of proper behavior in
Article 19 must be followed. Even if a right is legal, it can still lead to wrongdoing if used in a way that
violates these standards and causes harm to others. In such cases, the person who misused the right will be
held liable.

These standards are the following:

 to act with justice;
 to give everyone his due; and
 to observe honesty and good faith.

The court in Albenson Enterprises Corp. v. Court of Appeals laid down the Elements of an Abuse of
Right are the following:
(1) There is a legal right or duty;
(2) which is exercised in bad faith;
(3) for the sole intent of prejudicing or injuring another

Even when the act is legal, but done in bad faith, you are still liable for damages. The following will
elucidate the aforementioned:

In Llorente v. Sandiganbayan, unfair discrimination in enforcing rules where a government officer singled
out one employee (Mr. Curio) for strict compliance with retirement rules while letting others similarly
situated pass with leniency. Even if his acts followed legal procedures, he was found liable under Art. 19 for
unfairness and lack of good faith.

ARTICLE 20. Every person who, contrary to law, wilfully or negligently causes damage to another, shall
indemnify the latter for the same.

According to Albenson Enterprises Corp. v. Court of Appeals, Article 20 provides the general penalty for
violations of laws that do not have their own specific sanctions. This means that anyone who, whether
intentionally or through negligence, causes damage to another while exercising a legal right or duty must
compensate the victim for the harm suffered.

In Development Bank of the Philippines v. Court of Appeals, the Supreme Court said:

Good faith refers to the state of the mind which is manifested by the acts of the individual concerned. It
consists of the intention to abstain from taking an unconscionable and unscrupulous advantage of
another.

Bad faith does not simply connote bad judgment or simple negligence, dishonest purpose or some moral
obliquity and conscious doing of a wrong, a breach of known duty due to some motives or interest or ill-
will that partakes of the nature of fraud.

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Balzain, Tuguegarao City, Cagayan
Malice connotes ill-will or spite and speaks not in response to duty. It implies an intention to do ulterior and
unjustifiable harm. Malice is bad faith or bad motive.

ARTICLE 21. Any person who willfully causes loss or injury to another in a manner that is contrary to
morals, good customs or public policy shall compensate the latter for the damage.

The court in Albenson Enterprises Corp. v. Court of Appeals laid down the Elements of an Acts contra
bonus mores (against good morals) are the following:
1) There is an act which is legal;
2) but which is contrary to morals, good customs, public order, or public policy;
3) and it is done with intent to injure (

Note: It presupposes loss or injury, material or otherwise, which one may suffer as a result of such violation
(Cogeo-Cubao Operators and Drivers Association v. Court of Appeals)

Velayo v. Shell
G. R. No. L-7817
A moral wrong or injury, even if it does not constitute a violation of a statute law, should be compensated
by damages. In this case, the defendant clearly acted in bad faith when it schemed and effected the
attachment of the C-54 plane of its debtor CALI by assigning its credit to its sister company in the US.
Therefore, the defendant is liable to pay damages.

FACTS: Shell supplies fuel needs of CALI. However, due to financial crisis CALI failed to pay Shell and
its other creditors. Thus, they entered into an agreement that they would present suits against the corporation
but to strive for a pro-rata division of the assets, and only in the case of non-agreement would the creditors
file insolvency proceedings. However, when Shell PH assigned the credit to Shell Oil, its American Sister
Corporation, the latter filed a case against CALI for the collection of assigned Credit attaching the C-54
plane of CALI which the creditors opposed and filed damages against Shell for breach of their agreement.

ISSUE: Whether or not Shell shall be liable for damages. (YES)

Article 21 of the Civil Code states that any person who wilfully causes loss or injury to another in a manner
that is contrary to morals, good customs or public policy shall compensate the latter for the damage. This is
the legal remedy for that untold numbers of moral wrongs which is impossible for human foresight to
provide for specifically in the statutes.

Relation of the Article 19, 20 and 21.

Art. 19 and 21 → act must be intentional. While Article 20 covers both intentional (willful) and negligent
acts.
·
Even if an act is legal, if it is done unfairly, in bad faith, negligently, or with intent to harm, it can be
actionable under Articles 19–21, and damages may be awarded. These provisions broaden the scope of tort
law in the Philippines to cover moral wrongs not specifically listed in statutes.

The term “damages” was defined by the Supreme Court in the case of MEA Builders, Inc. v. Court of
Appeals, G.R. No. 121484, 31 January 2005), as the sum of money which the law awards or imposes as a
pecuniary compensation, a recompense, or satisfaction for an injury done or a wrong sustained as a
consequence either of a breach of a contractual obligation or a tortious act.
TYPES OF DAMAGES

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Balzain, Tuguegarao City, Cagayan
Moral damages are awarded to enable the injured party to obtain means, diversions or amusements that will
serve to alleviate the moral suffering he has undergone, by reason of the defendant’s culpable
action. (Kierulf vs. Court of Appeals, G.R. No. 99301, 13 March 1997)

Article 2229 of the Civil Code provides that exemplary or corrective damages are imposed, by way of
example or correction for the public good, in addition to moral, temperate, liquidated or compensatory
damages. Article 2231 of the same Code further states that in quasi-delicts, exemplary damages may be
granted if the defendant acted with gross negligence. (Mariano Mendoza vs. Leonora Gomez, G.R. No.
160110, June 18, 2014)

Under Article 2221 of the Civil Code, nominal damages may be awarded in order that the plaintiff’s right,
which has been violated or invaded by the defendant, may be vindicated or recognized, and not for the
purpose of indemnifying the plaintiff for any loss suffered. Nominal damages are ‘recoverable where a
legal right is technically violated and must be vindicated against an invasion that has produced no actual
present loss of any kind or where there has been a breach of contract and no substantial injury or actual
damages whatsoever have been or can be shown. (Seven Brothers Shipping Corporation vs. DMC-
Construction Resources, Inc., G.R. No. 193914, 26 November 2014)

Under Article 2224 of the New Civil Code, temperate damages may be recovered when pecuniary loss
has been suffered but the amount cannot, from the nature of the case, be proven with certainty. In such cases,
the amount of the award is left to the discretion of the courts, according to the circumstances of each case,
but the same should be reasonable, bearing in mind that temperate damages should be more than nominal
but less than compensatory. (Republic of the Philippines vs. Alberto Looyuko, G.R. No. 170966, 22 June
2016)

Actual or compensatory damages are those awarded in satisfaction of, or in recompense for, loss or injury
sustained. They simply make good or replace the loss caused by the wrong. (Mariano Mendoza vs. Leonora
Gomez, G.R. No. 160110, June 18, 2014)

Under Article 2226 of the Civil Code, liquidated damages are those agreed upon by the parties to a
contract, to be paid in case of breach thereof. the parties to a contract are allowed to stipulate on liquidated
damages to be paid in case of breach. It is attached to an obligation in order to ensure performance and has a
double function: (1) to provide for liquidated damages, and (2) to strengthen the coercive force of the
obligation by the threat of greater responsibility in the event of breach. The amount agreed upon answers
for damages suffered by the owner due to delays in the completion of the project. As a pre-condition to such
award, however, there must be proof of the fact of delay in the performance of the obligation. (Atlantic
Erectors, Inc., vs. Court of Appeals, G.R. No. 170732, 11 October 2012)

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COLLEGE OF LAW PERSONS AND FAMILY LAW
Balzain, Tuguegarao City, Cagayan

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