Civil Code Book 1 - Preliminary Title.doc

8/14/2019 Civil Code Book 1 - Preliminary Title.doc

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REPUBLIC ACT NO. 386

AN ACT TO ORDAIN AND INSTITUTE

THE CIVIL CODE OF THE PHILIPPINES

PRELIMINARY TITLE

CHAPTER I

EFFECT AND APPLICATION OF LAWS

Article 1. This Act shall be known as the"Civil Code

of the Philippines."(n)

Art. 2. Laws shall take effect after fifteen days

following the completion of their publication in the

Official a!ette" unless it is otherwise pro#ided. This

$ode shall take effect one year after such

publication. (1a)

Art. %. &gnorance of the law e'cuses no one from

compliance therewith. (2)

Art. . Laws shall ha#e no retroacti#e effect" unless

the contrary is pro#ided. (%)

Art. . Acts e'ecuted against the pro#isions of

mandatory or prohibitory laws shall be #oid" e'cept

when the law itself authori!es their #alidity. (a)

Art. *. +ights may be wai#ed" unless the wai#er is

contrary to law" public order" public policy" morals" or

good customs" or pre,udicial to a third person with a

right recogni!ed by law. (a)

Art. -. Laws are repealed only by subseuent ones"

and their #iolation or non/obser#ance shall not be


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e'cused by disuse" or custom or practice to the

contrary.

0hen the courts declared a law to be inconsistent

with the $onstitution" the former shall be #oid and

the latter shall go#ern.

Administrati#e or e'ecuti#e acts" orders and

regulations shall be #alid only when they are not

contrary to the laws or the $onstitution. (a)

Art. . udicial decisions applying or interpreting the

laws or the $onstitution shall form a part of the legal

system of the 3hilippines. (n)

Art. 4. 5o ,udge or court shall decline to render

,udgment by reason of the silence" obscurity or

insufficiency of the laws. (*)

Art. 16. &n case of doubt in the interpretation or

application of laws" it is presumed that the

lawmaking body intended right and ,ustice to pre#ail.

(n)

Art. 11. $ustoms which are contrary to law" public

order or public policy shall not be countenanced. (n)

Art. 12. A custom must be pro#ed as a fact"

according to the rules of e#idence. (n)

Art. 1%. 0hen the laws speak of years" months" days

or nights" it shall be understood that years are of

three hundred si'ty/fi#e days each7 months" of thirty

days7 days" of twenty/four hours7 and nights from

sunset to sunrise.


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&f months are designated by their name" they shall

be computed by the number of days which they

respecti#ely ha#e.

&n computing a period" the first day shall be

e'cluded" and the last day included. (-a)

Art. 1. 3enal laws and those of public security and

safety shall be obligatory upon all who li#e or so,ourn

in the 3hilippine territory" sub,ect to the principles of

public international law and to treaty stipulations.

(a)

Art. 1. Laws relating to family rights and duties" or

to the status" condition and legal capacity of persons

are binding upon citi!ens of the 3hilippines" e#en

though li#ing abroad. (4a)

Art. 1*. +eal property as well as personal property is

sub,ect to the law of the country where it is

stipulated.

8owe#er" intestate and testamentary successions"

both with respect to the order of succession and to

the amount of successional rights and to the intrinsic

#alidity of testamentary pro#isions" shall be

regulated by the national law of the person whose

succession is under consideration" whate#er may be

the nature of the property and regardless of the

country wherein said property may be found. (16a)

Art. 1-. The forms and solemnities of contracts"

wills" and other public instruments shall be go#erned

by the laws of the country in which they are

e'ecuted.


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0hen the acts referred to are e'ecuted before the

diplomatic or consular officials of the +epublic of the

3hilippines in a foreign country" the solemnities

established by 3hilippine laws shall be obser#ed in

their e'ecution.

3rohibiti#e laws concerning persons" their acts or

property" and those which ha#e" for their ob,ect"

public order" public policy and good customs shall

not be rendered ineffecti#e by laws or ,udgments

promulgated" or by determinations or con#entions

agreed upon in a foreign country. (11a)

Art. 1. &n matters which are go#erned by the $ode

of $ommerce and special laws" their deficiency shall

be supplied by the pro#isions of this $ode. (1*a)

CHAPTER 2

HUMAN RELATIONS (n)

Art. 14. 9#ery person must" in the e'ercise of his

rights and in the performance of his duties" act with

,ustice" gi#e e#eryone his due" and obser#e honesty

and good faith.

Art. 26. 9#ery person who" contrary to law" wilfully or

negligently causes damage to another" shall

indemnify the latter for the same.

Art. 21. Any person who wilfully causes loss or in,ury

to another in a manner that is contrary to morals"

good customs or public policy shall compensate the

latter for the damage.


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(2)


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() @reedom of suffrage7

(*) The right against depri#ation of property

without due process of law7

(-) The right to a ,ust compensation when

pri#ate property is taken for public use7

() The right to the eual protection of the

laws7

(4) The right to be secure in one:s person"

house" papers" and effects against

unreasonable searches and sei!ures7

(16) The liberty of abode and of changing the

same7

(11) The pri#acy of communication and

correspondence7

(12) The right to become a member of

associations or societies for purposes not

contrary to law7

(1%) The right to take part in a peaceable

assembly to petition the go#ernment for

redress of grie#ances7

(1) The right to be free from in#oluntary

ser#itude in any form7

(1) The right of the accused against

e'cessi#e bail7

(1*) The right of the accused to be heard by

himself and counsel" to be informed of the

nature and cause of the accusation against


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him" to ha#e a speedy and public trial" to meet

the witnesses face to face" and to ha#e

compulsory process to secure the attendance

of witness in his behalf7

(1-) @reedom from being compelled to be a

witness against one:s self" or from being forced

to confess guilt" or from being induced by a

promise of immunity or reward to make such

confession" e'cept when the person confessing

becomes a ?tate witness7

(1) @reedom from e'cessi#e fines" or cruel

and unusual punishment" unless the same is

imposed or inflicted in accordance with a

statute which has not been ,udicially declared

unconstitutional7 and

(14) @reedom of access to the courts.

&n any of the cases referred to in this article" whether

or not the defendant:s act or omission constitutes a

criminal offense" the aggrie#ed party has a right to

commence an entirely separate and distinct ci#il

action for damages" and for other relief. ?uch ci#il

action shall proceed independently of any criminal

prosecution (if the latter be instituted)" and mat be

pro#ed by a preponderance of e#idence.

The indemnity shall include moral damages.

9'emplary damages may also be ad,udicated.

The responsibility herein set forth is not demandable

from a ,udge unless his act or omission constitutes a

#iolation of the 3enal $ode or other penal statute.


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Art. %%. &n cases of defamation" fraud" and physical

in,uries a ci#il action for damages" entirely separate

and distinct from the criminal action" may be brought

by the in,ured party. ?uch ci#il action shall proceed

independently of the criminal prosecution" and shall

reuire only a preponderance of e#idence.

Art. %. 0hen a member of a city or municipal police

force refuses or fails to render aid or protection to

any person in case of danger to life or property" such

peace officer shall be primarily liable for damages"

and the city or municipality shall be subsidiarily

responsible therefor. The ci#il action herein

recogni!ed shall be independent of any criminal

proceedings" and a preponderance of e#idence shall

suffice to support such action.

Art. %. 0hen a person" claiming to be in,ured by a

criminal offense" charges another with the same" for

which no independent ci#il action is granted in this

$ode or any special law" but the ,ustice of the peace

finds no reasonable grounds to belie#e that a crime

has been committed" or the prosecuting attorney

refuses or fails to institute criminal proceedings" the

complaint may bring a ci#il action for damages

against the alleged offender. ?uch ci#il action may

be supported by a preponderance of e#idence. >pon

the defendant:s motion" the court may reuire the

plaintiff to file a bond to indemnify the defendant in

case the complaint should be found to be malicious.

&f during the pendency of the ci#il action" an

information should be presented by the prosecuting


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attorney" the ci#il action shall be suspended until the

termination of the criminal proceedings.

Art. %*. 3re/,udicial uestions which must be decided

before any criminal prosecution may be instituted or

may proceed" shall be go#erned by rules of court

which the ?upreme $ourt shall promulgate and which

shall not be in conflict with the pro#isions of this

$ode.

Civil Code Book 1 - Preliminary Title.doc

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