CIVIL CODE NOTES – PRELIMS BALTEZA

Professor: Atty. Teresita Cruz. 1C

CIVIL CODE (R.A. 386) ARTICLE 3 – Ignorance of the law excuses

PRELIMINARY TITLE no one from compliance therewith.

CHAPTER 1: EFFECT AND • Ignorantia legis non excusat

APPLICATION OF LAWS • Application – applies to all kinds of laws,
whether civil or penal; whether substantive
ARTICLE 1 – This Code shall be known as the
or remedial.
Civil Code of the Philipppines.
• The maxim only applies to mandatory or
• A Code is a collection of laws of the same prohibitive laws and not to permissive or
kind. A Civil Code therefore is a collection of suppletory laws.
laws that regulate the private relations of • Processual presumption:
the members of society determining their • When the foreign law is not alleged and
respective rights and obligations with proven in court as fact, the foreign law
is presumed to be the same as
reference to persons, things and acts.
Philippine law.
• The purpose of a Preliminary title is to set
forth general principles. ARTICLE 4 – Laws shall have no retroactive
effect unless the contrary is provided.
ARTICLE 2 – Laws shall take effect 15 days
following the completion of their publication • General rule – laws shall have no
in the Official Gazette, unless it is otherwise retroactive effect; lex prospicit, non respicit
provided. This Code shall take effect one year • Exceptions:
after such publication. • Laws that provide for their retroactivity
• Remedial law – there are no vested
• E.O. 200 has modified this Article and rights in rules of procedure
allowed for publication either in the • Penal laws, provided that they are
Gazette or in a newspaper in general favorable to the accused, and the
circulation. accused is not a habitual delinquent
• General rule – laws shall take effect 15 days • Emergency laws – authorized by the
after complete publication in the Official police power of the Government
Gazette or in a newspaper of general • Substantive rights – those which are
circulation. declared for the first time, unless
• Exception – when the law provides for its vested rights are prejudiced.
own effectivity publication in the Gazette or • Curative laws – used to cure defects in a
a newspaper is no longer necessary, so long prior law or to validate proceedings,
as it is not punitive. instruments or acts of public authorities
which would have been void since it is
• What should be published:
against existing legal requirements.
• Laws, circulars, etc. because they are
punitive. ARTICLE 5 – Acts executed against the
• No need for publication: provisions of mandatory or prohibitory laws
• Mere statements of general policy, shall be void, except when the law authorizes
their validity.
which are not punitive need not be
published. • General rule – acts against mandatory laws
shall be void

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CIVIL CODE NOTES – PRELIMS BALTEZA
Professor: Atty. Teresita Cruz. 1C

• Exceptions: • Alleged rights: future inheritance

• When the law makes the act voidable at • When the waiver is prejudicial to a third
the instance of the victim person with a legal right
• Condonation of consent for
ARTICLE 7 – Laws are repealed only by
marriage through fraud
subsequent ones, and their violation or non-
• When the law makes the act void but observance shall not be excused by disuse, or
subjects wrongdoer to criminal custom, or practice to the contrary.
responsibility
• Widow married before 300 days When the courts declare a law to be
• When the act itself is void but the law inconsistent with the Constitution, the former
shall be void and the latter shall govern.
recognizes some legal effects therefrom
• the children of incestuous Administrative orders, executive acts,
marriages orders and regulations shall be valid only
• When the law makes certain acts valid, when they are not contrary to the laws or the
although they would have been void. Constitution.

ARTICLE 6 – Rights may be waived, unless • Laws are repealed:

the waiver is contrary to law, public order, • Expressly – contained in a provision of a
public policy, morals, or good customs, or subsequent law
prejudicial to a third person with a right • Impliedly – in so far as there are
recognized by law. inconsistencies with a prior and
subsequent law
• General rule – rights may be waived
• Rule in General law vs. Special law
• Exception – when the waiver is contrary to
law, public order, public policy, morals, • If the general law is enacted prior to the
good customs, or prejudicial to a third sp. Law, the sp. Law is considered the
person. exception to the general law.
• Two types of rights: • The general law is not repealed
• Real rights – enforceable against the • If the general law is enacted after the
whole world special law, the special law remains
unless:
• Personal rights – enforceable against
the individual • There is an express declaration to
the contrary
• Requisites of a valid waiver:
• There is a clear or unreconcilable
• Person must be capacitated to make
conflict
the waiver
• The general law is intended to
• Waiver must be made in a clear an
replace the special law
unequivocal manner
• Other exceptions
• Must have the right to renounce
something • Lapse of a law, when its effectivity has
expired
• An express remission of a debt owed
• If the repealing law is repealed:
• Not contrary to law, public order, public
policy, morals, good customs • When a law expressly repeals a law,
and the repealing law is repealed
• Not prejudice a third person
the original law is revived.
• Rights that may not be waived:
• Natural rights: right to life

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CIVIL CODE NOTES – PRELIMS BALTEZA
Professor: Atty. Teresita Cruz. 1C

• When a law is impliedly repealed • The first duty of a judge is to apply the law,
and the repealing law is repealed whether it is wise or unwise, whether just
the original law is revived unless the or unjust, provided that there is no doubt
new repealing law so provides the int the law.
contrary.
ARTICLE 11 – Customs which are contrary
ARTICLE 8 – Judicial decisions applying or to law, public order or public policy shall not
interpreting the laws, or the Constitution be countenanced.
shall form a part of the legal system of the
• Custom – a rule of human action
Philippines
established by repeated acts, and uniformly
• This is the doctrine of stare decisis observed or practiced as a rule of society,
• Only the decisions of the Supreme Court through the implicit approval of law
and the unreversed decisions of the CA on makers, and which is therefore obligatory
cases of first impression have stare decisis and binding.
effect. • Requisites before the Courts can consider
customs
ARTICLE 9 – No judge or court shall decline
• Must be proved as fact
to render judgment by reason of the silence,
obscurity, or insufficiency of the laws. • Not contrary to law, public order or
public policy
• General rue: • Repeated acts
• The judge has a duty to render • There is judicial intent to make a rule of
judgement. He may apply any law or social conduct
decree, provided that the rule is in • There is sufficient lapse of time.
harmony with general interest, orders,
morals, public policy such as: ARTICLE 12 – A custom must be proved as a
• Customs which are not contrary to law, fact, according to the rules of evidence.
public order or policy • There is presumption that a person acts
• Decisions of foreign courts according to customs
• Opinions of highly qualified authors • A custom does not exist when does who
• Rules of statutory construction should know it, do not know it.
• Provision of another law governing the • Kinds of customs
underlying principle in the case at bar • General customs – a custom of the
• Exception: place
• Criminal cases – for there is no crime • Propter legem – in accordance with law
when there is no law punishing said act. • Contra legem – against the law
If someone is accused of such, the • Extra legem – can be a source of
ruling is to dismiss suppletory law, in absence of legislation
ARTICLE 10 – In case of doubt in the • Plurality of acts, or various
interpretation or application of laws, it is resolutions of a juridical question
presumed that the lawmaking body, intended raised repeatedly in life
right and justice to prevail. • Uniformity or identity of acts
• General practice by the majority of
• Dura lex Sed lex- the law is harsh but it is
a social group
the law

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CIVIL CODE NOTES – PRELIMS BALTEZA
Professor: Atty. Teresita Cruz. 1C

• Continued performance for a long • Treaty stipulations

period of time • Laws of preferential application
• General conviction that the practice
ARTICLE 15 – Laws relating to family rights
corresponds to a juridical necessity
and duties or to the status, condition and
or that it is obligatory
legal capacity of persons are binding upon
• The practice must not be contrary citizens of the Philippines, even though living
to law, morals, or public order. abroad.
ARTICL 13 – When the laws speak of years, • This is the nationality principle
months, days or nights, it shall be understood • Article 15 refers to:
that years are of three hundred sixty-five
• Family rights and duties
days each; months of thirty days; days, of
twenty-four hours; and nights, from sunset to • Status
sunrise. • Condition
• Legal capacity
If months are designated by their • Exceptions:
name, they shall be computed by the number
• Capacity to encumber, acquire, assign,
of days which they respectively have.
donate, or sell depends on the law
In computing a period, the first day where the property is located
shall be excluded and the last day included. • Capacity to inherit depends on the
national law of the decedent
• One year is now equal to 12 MONTHS
• Capacity to marriage depends on the
• 1 month = 30 days, unless specified
law where the marriage is to be
• 1 day = 24 hours
celebrated.
• 1 week = 7 days
• Rule if a Sunday or legal holiday ARTICLE 16 – Real property as well as
• In general contracts, if something is due personal property, is subject to the law of the
Sunday, it is due Sunday, unless country where it is situated.
stipulated. However, intestate and testamentary
• If by the Rules of Court, or order of a successions, both with respect to the order of
court, if the last day is a Sunday, or legal succession and to the amount of successional
holiday the next day shall be the last rights and to the intrinsic validity of
day. testamentary provisions, shall be regulated by
the national law of the person whose
ARTICLE 14 – Penal laws and those of succession is under consideration, whatever
public security and safety shall be obligatory may be the nature of the property and
upon all who live or sojourn in Philippine regardless of the country wherein said
Territory, subject to the principles of public property may be found.
international law and to treaty stipulations.
• Lex Rei Sitae – real or personal property is
• General rule – penal laws, and those of
governed by the law where it is situated.
public security and safety, are obligatory to
• Exception to lex rei sitae
all who are within Philippine territory
• The law of the deceased shall prevail
• Exception:
with regard to
• Principles of public international law:
• Order of succession
heads of state, ambassadors
• Amount of successional rights

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CIVIL CODE NOTES – PRELIMS BALTEZA
Professor: Atty. Teresita Cruz. 1C

• Intrinsic validity of the provisions of • Intrinsic validity of wills shall be governed

the will by the national law of the decedent.
• Capacity to succeed.
ARTICLE 18 – In matters which are
ARTICLE 17 – The forms and solemnities of governed by the Code of Commerce and
contracts, will and other public instruments special laws, their deficiency shall be supplied
shall be governed by the laws of the country by the provisions of this Code.
in which they are executed.
• General rule – in case of conflict with the
When the acts referred to are Code of Commerce or special laws, the Civil
executed before the diplomatic or consular Code shall only be suppletory, EXCEPT if
officials of the Republic of the Philippines in a provided for under the Civil Code.
foreign country, the solemnities established • EXCEPTIONS:
by the Philippine laws shall be observed in • Common carriers – the Code of
their execution. Commerce supplies the deficiencies
Prohibitive laws concerning persons, • Insolvency – special laws supply the
their acts or property, and those which have deficiency.
for their object public order, public policy
and good customs shall not be rendered CHAPTER 2: HUMAN RELATIONS
ineffective by laws or judgements ARTICLE 19 – Every person must, in the
promulgated, or by determinations or exercise of his rights and in the performance
conventions agreed upon in a foreign country. of his duties, act with justice, give everyone
• Doctrine of Lex Loci Celebrationis his due, and observe honesty and good faith.
• The first paragraph deals with lex loci • Elements for the abuse of rights in Art. 19
celebrationis insofar as the extrinsic • There is a legal right or duty
validity is concerned. • Which is done in BAD FAITH
• Where the contract is entered into, the • For the sole INTENT OF PREJUDICING
law of that land shall prevail OR HARMING ANOTHER
• EXCEPTION: real property, since where • Article 19 lays down the rules of conduct
the property is located, the law of that governing human relations, Arts. 20-21
land will prevail. provide for the punishment.
• Rule of exterritoriality – even if the act be • BREACH OR PROMISE TO MARRY is not
done abroad, but it was executed before actionable, generally.
Philippine diplomatic and consular officials,
• EXCEPTION – causing an injury, contrary
Philippine law shall govern.
to law, morals, good customs and public
• Rule respecting prohibitive laws – third policy.
paragraph gives an exception to the lex loci
• Example: everything has been prepared
celebrationis, for reasons for public policy in
for the wedding but then one of the
the Philippines
parties backed out of the wedding, and
• In regarding intrinsic validity of contracts simply left, then he/she is liable.
• Lex loci voluntatis – the law of the place • Example: if expenses are actually
voluntarily selected incurred: where the plaintiff has
• Lex loci intentionis – law of the place actually incurred expenses for the
intended by the parties to the contract. wedding and the necessary incidents

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CIVIL CODE NOTES – PRELIMS BALTEZA
Professor: Atty. Teresita Cruz. 1C

thereof, plaintiff has the right to something at the expense of the latter, without
recover damages, money, or property just or legal ground, shall return the same to
advanced by him upon the faith of him.
promise to marry.
22.1 – Principle: Nemo cum alterius detriment
ARTICLE 20 – Every person who, contrary protest, no person should unjustly enrich himself
to law, willfully or negligently cause damage at the expense of another. Everyone has a duty to
to another, shall indemnify the latter for the return what was acquired unjustly or illegally.
same.
22.2 – Accion in Rem Verso, an action for
• Article 20 punishes illegal acts which are recovery for what was paid or delivered without
done willfully or negligently, thus damages just cause or legal ground.
should be paid to the injured party.
22.3 – Requisites of an accion in rem verso
Article 21 – Any person who willfully causes
loss or injury to another in a manner that is 1. One party must be enriched and the other
contrary to morals, good customs or public made poorer
policy shall compensate the latter for the 2. There must be a causal relationship to the
damage. two.
3. The enrichment is without just or legal
21.1 – Art. 21 distinguished from Art. 20 ground
Article 20 Article 21 4. There must be no other way to recover
Act is contrary to Act is contrary to law such loss.
good morals, 22.4 – Solutio Indebtii, if something was
customs or public received when there was no right to demand it,
policy and it was unduly delivered by mistake, the
Act is done willfully Act is done willfully obligation to return it arises.”
or negligently
22.5 – Requisites of Solutio indebtii

21.2 Can there be an Action for breach of promise 1. A payment is made when there exists no
to marry? binding relationship between the payor,
who has no duty to pay, and the person
For actual damages, yes but for moral damages who has received the payment.
no, under the civil code. 2. When the payment is made through
mistake and not through liability.
21.3 Elements of Art. 21
Article 23 – Even when act or even causing
• There is an act which is legal
damage to another’s property was not due to
• Which is contrary to morals, good
the fault or negligence of the defendant, the
customs, public order, or public
latter shall be liable for the indemnity if
policy
through the act or event he was benefited.
• And it is done with intent to injure
• The act is done intentionally 23.1 – Duty to indemnify because of benefit
received.
Article 22 – Every person who through an act
of performance by another, or any other Example: A flood drives the cattle of A, to the
mean, acquires or comes into possession of cultivated highland of B. A’s cattle are saved but

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CIVIL CODE NOTES – PRELIMS BALTEZA
Professor: Atty. Teresita Cruz. 1C

B’s crops are destroyed in the process. Although 2. Meddling with or disturbing the private
it was not A’s fault, B should still be indemnified life or family relations of another
by A since A was benefited at the expense of B – 3. Intriguing to cause another to be
Civil Code Commission. alienated from his friends
4. Vexing or humiliating another on
Article 24 – In all contractual, property, or
account of his religious beliefs, lowly
other relations when one of the parties is at a
station in life, place of birth, physical
disadvantage on account of his moral
defect, or other personal condition.
dependence, ignorance, indigence, mental
weakness, tender age or other handicap, the 26.1 – Enshrined in Article 26 is the duty of the
court must be vigilant for his protection. State to protect and respect human dignity and
privacy. Social equality is not sought, but due
24.1 – The doctrine of parens patriae or father of
regard for decency and propriety.
the country, is enshrined in article 24 which refers
to the sovereign power of the state in 26.2 – Remedies to be sought:
safeguarding the rights of persons mentioned in
1. An action for damages,
the above article, lest injustice be served due to
2. An action for prevention
strict adherence to the law.
3. Any other action
Article 25 – Thoughtless extravagance in
Article 27 – Any person suffering material or
expenses for pleasure or display during a
moral loss because a public servant or
period of acute public want or emergency may
employee refuses or neglects, without just
be stopped by order of the courts at the
cause, to perform his official duty may file an
instance of any government or private
action for damages and other relied against
charitable institution.
the latter, without prejudice to any
25.1 – Reason: thoughtless extravagance during disciplinary administrative action that may be
dire times may incite the passions of the less taken.
fortunate.
27.1 – Genera rule: a public officer whether
25.2 – Requisites to stop such acts judicial, quasi-judicial or executive, is not
personally liable for the consequence in scope or
1. There must be acute public want
in line with the performance of his official duty.
2. Or an emergency circumstance
3. Only government or private charitable 27.2 – Exception “any person suffering material
institutions may initiate actions for the or moral loss because a public servant or officer,
stoppage of such actions. refuses to or neglects, without just cause to
perform his official duty, may file an action for
Article 26 – Every person shall respect the
damages and other relief against the latter,
dignity, personality, privacy, and peace of
without prejudice to any disciplinary
mind of his neighbors and other persons. The
administrative action that may be taken.”
following and similar acts, though they may
not constitute a criminal offense, shall produce 27.3 – Requisites:
a cause of action for damages, prevention and
1. That the defendant is a public official
other relief:
charged with official duties
1. Prying into the privacy of another’s 2. That there be a violation of an official
residence duty in favor of the individual

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Professor: Atty. Teresita Cruz. 1C

3. There is willfulness or negligence in the 29.2 – Basis for Article is “Every person who is
violation of the said duty criminally liable is also civilly liable.” The
4. That there be an injury to the plaintiff underlying principle is that when a person
commits a crim two parties are offended: 1. The
27.4 – Reason for rule: to prevent the practice of
State whose law was violated, 2. The induvial
bribery.
member of the state, whose person, right, honor,
Article 28 – Unfair competition in chastity, or property was actually directly injured
agricultural, commercial, or industrial or damaged by the same punishable act or
enterprises or in labor through the use of omission.
force, intimidation, deceit, or any other unjust
29.3 – When a person is acquitted of the criminal
or oppressive, or high-handed method shall
case by means of reasonable doubt, the offended
give rise to a right of action by the person who
party can still pursue civil action because of the
thereby suffers damages.
quantum of evidence needed. In criminal case
28.1 – Reason for Preventing Unfair beyond reasonable doubt is needed, in civil cases,
Competition: to promote a system of free only preponderance of evidence is needed to
enterprise. For the benefit of the consumer and secure conviction or indemnity for the wrong
public in general. done.

28.2 – Test of unfair competition: whether certain 29.4 – Section 2, Rule 111 of the Revised Rules
goods have been intentionally clothed with an of Criminal Procedure: “The extinction of the
appearance which is likely to deceive the penal action does not carry with it extinction of
ordinary purchasers exercising ordinary care. the civil action. However, the civil action based
on delict shall be deemed extinguished if there is
Article 29 – When the accused in a criminal a finding in a judgment in the criminal action that
prosecution is acquitted on the ground that his the act or omission from which the civil liability
guilt has not been proved beyond reasonable may arise did not exist.”
doubt, a civil action for damages for the same
act or omission may be instituted. Such action Article 30 – When a separate civil action is
requires only a preponderance of evidence. brought to demand civil liability arising from
Upon motion of the defendant, the court may a criminal offense, and no criminal
require the plaintiff to file a bond to answer proceedings are instituted during the
for damages in case the complaint should be pendency of the civil case, a preponderance of
found to be malicious. evidence shall likewise suffice to prove the act
If in a criminal case the judgement of acquittal complained of.
is based upon reasonable doubt, the court shall
declare. In the absence of any declaration to 30.1 – Rule of implied Institution: when a
that effect, it can be inferred from the text of criminal action is instituted, and the offended
the decision whether or no the acquittal is due party does not waive the right to suspend the civil
to that ground. action, after, or separately from the criminal
action, the former shall be deemed instituted in
29.1 – Delict is one of the sources of obligations. the same criminal action.
Every person who is criminally liable is also
civilly liable. 30.2 – When a civil action is initiated, but the
fiscal has not raised any criminal action, only a

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Professor: Atty. Teresita Cruz. 1C

mere preponderance of evidence is needed to 7. The right to just compensation when

prove the civil claim thereof. private property is taken for public use
8. The right to the equal protection of the
Article 31 – When the civil action is based on
laws
an obligation not arising from the criminal
9. The right to be secure in one’s person,
action complained of as a felony, such civil
house, papers, and effects against
action may proceed independently of the
unreasonable searched and seizures
criminal proceedings and regardless of the
10. The liberty of abode and of changing
result of the latter.
the same
31.1 – Meaning of Independent Civil Action, one 11. The privacy of communication and
that is brought distinctly and separately from a respondence
criminal case allowed for considerations of public 12. The right to become a member of
policy, because the proof needed for a civil action associations or societies for purposes
is LESS than that of a criminal action. The not contrary to law
bringing of a civil action is PERMISSIVE, not 13. The right to take part in a peaceable
COMPULSORY. assembly to petition the government
for redress or grievances
31.2 – Scope of Article 31, it contemplates a case 14. The right to be free from involuntary
where the obligation does not arise from a crime servitude in any form
but from some other ac – like contract, quasi- 15. The right of the accused against
contract, quasi-delict, or legal duty. excessive bail
31.3 – Article 31 explained: it is not an 16. The right of the accused to be heard by
independent civil action as defined in Articles 32, himself and counsel, to be informed of
33, and 34. Rather it is a quasi-delict punishable the nature and cause of the accusation
under the Civil Code, which is different from against him, to have a speedy and
criminal negligence under the RPC. Which will public trial, to meet the witness face to
allow a civil action to proceed regardless of the face, and to have compulsory process
result of the criminal action. to secure the attendance of the witness
on his behalf
Article 32 – Any public officer or employee, or 17. Freedom from being compelled to be a
any private individual, who directly or witness against one’s self or from being
indirectly obstructs, defeats, violates, or in any forced to confess guilt or from being
manner impedes or impairs any of the induced by a promise of immunity or
following rights and liberties of another reward to make such confession except
person shall be liable to the latter for damages: when the person confessing becomes a
1. Freedom of religion State witness
2. Freedom of speech 18. Freedom from excessive fines or cruel
3. Freedom to write for the press or to and unusual punishment, unless the
maintain periodical publication same is imposed or inflicted in
4. Freedom from arbitrary or illegal accordance with a statute which has
detention not been judicially declared
5. Freedom of suffrage unconstitutional, and
6. The right against deprivation of 19. Freedom of access to the courts
property without due process of law

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Professor: Atty. Teresita Cruz. 1C

In any of the cases referred to in this article the criminal action, may be brought by the
whether or not the defendant’s act or omission injured party. Such civil action shall proceed
constitutes a criminal offense, the aggrieved independently of the criminal prosecution and
party has a right to commence an entirely shall require only a preponderance of
separate and distinct civil action for damages, evidence.
and for other relief. Such civil action shall
33.1 – Article 31 contemplates a civil action for
proceed independently of any criminal
recovery of damages that is purely unrelated to
prosecution (if the latter be instituted), and
the criminal aspect of the case. This is the reason
may be proved by a preponderance of
why only a preponderance of evidence is and not
evidence
proof beyond reasonable doubt is deemed
The indemnity shall include moral damages. sufficient in such civil action. An acquittal in the
Exemplary damages may also be adjudicated. criminal case does not bar a charge for damages
under the Civil Code, for one may not be
The responsibility herein set forth is not
criminally liable but civilly liable. Thus, the
demandable from a judge unless his act or
outcome of the criminal case will be completely
omission constitutes a violation of the Penal
inconsequential and will be of no moment to the
Code or other penal statute.
civil action.
32.1 – Article 32 is an implementation of the
33.2 – Art. 33 speaks of:
Constitutional Civil Liberties. This is so that,
those liberties which are violated, and not 1. Defamation (or libel or slander, or intrigue
punishable under the revised penal code, can be against honor)
prosecuted. Another reason for Article 32 is so to
2. Fraud (estafa or swindling)
prevent government prosecutors from not
prosecuting other government officials, or having 3. Physical injuries including consummated,
the excuse of too many cases to handle. Even frustrated and attempted homicide, murder
though the remedy through a criminal action is parricide, infanticide – so long as there was
present the required proof of beyond reasonable physical injury.
doubt is much harder than one through a civil
remedy which only requires preponderance of This is because the above terms are used in their
evidence. Lastly, direct and open violation of the generic significations, thus under the RPC
RPC is not done. But done through indirect and physical injuries is distinguished from murder, in
cunning ways so as to not let the aggrieved whose that in the latter there is intent to kill, a
Constitutional Rights had been trampled upon, requirement not found in the former.
without a remedy. 33.3 – The civil action instituted through Art. 33
32.2 – Good faith, not a defense: the main is ex-delicto.
purpose of this Article is to protect the individual Article 34 – When a member of city or
rights. Public officials in the past have used good municipal police refuses or fails to render aid
faith as a defense, the object of this Article to put or protection to any person in case of danger
an end to such a defense. to life property, such peace officer shall be
ARTICLE 33 – In cases of defamation fraud primarily liable for damages and the city or
and physical injuries, a civil action for municipality shall be subsidiarily responsible
damages, entirely separate and distinct from thereof. The civil action herein recognized
shall be independent of any criminal

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Professor: Atty. Teresita Cruz. 1C

proceedings, and preponderance of evidence 35.2 – Application: the principle is applied when
shall suffice to support such action. a person accuses another of a crime and the fiscal
refuses to institute criminal proceedings. The
34.1 – Art. 34 speaks of independent civil actions
aggrieved may bring an action for damages under
regarding members of the city or municipal
the Civil Code. However during the pendency of
police force.
such action, the fiscal files an information
1. Primary liability is assessed to a member regarding criminal proceedings, the civil action
of the police force who fails or refuses to shall be suspended until the termination of the
render aid or protection criminal proceedings.
2. Subsidiary liability is imposed on the city
Article 36 – Prejudicial questions, which must
or municipality concerned in case of
be decided before any criminal prosecution
insolvency
may be instituted or may proceed, shall be
34.2 – Exception: The Article only applies to city governed by the Rules of Court which the
or municipal police force, and not to PNP or Supreme Court shall promulgate, and which
national police force. shall not be in conflict with the provisions of
this Code.
Article 35 – When a person, claiming to be
injured by a criminal offense, charges another 36.1 – Definition of a Prejudicial Question: A
with the same, for which no independent civil prejudicial question is a question which is based
action is granted in this Code or in any special on a fact distinct and separate from the crime but
law, but the justice of the peace finds no so intimately connected with it that its resolution
reasonable grounds to believe that a crime has is determinative of the guilt or innocence of the
been committed, or the prosecuting attorney accused.
refuses or fails to institute criminal
36.2 – Requisites of a Prejudicial Question:
proceedings, the complainant my bring a civil
action for damages against the alleged 1. The prior civil case involves facts or
offender. Such civil action may be supported issues that are similar or intimately
by a preponderance of evidence. Upon the connected to the criminal case
defendant’s motion the court may require the 2. In the resolution of the issues the guilt or
plaintiff to file a bond to indemnify the innocence of the accused would be
defendant in case the complaint should be necessarily determined; and
found to be malicious. 3. Jurisdiction to try said question must be
lodged in another tribunal
If during the pendency of the civil action an
information should be presented by the 36.3 – Exception: There is no prejudicial question
prosecuting attorney, the civil action shall be if the civil and criminal action can proceed
suspended until the termination of the independently of each other.
criminal proceedings.

35.1 – Art. 35 applies, to cases when there is no

independent civil action, such that the liability
sought to be recovered arises from a crime, and
not tortious action such as that provided for under
Art. 33

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CIVIL CODE NOTES – PRELIMS BALTEZA
Professor: Atty. Teresita Cruz. 1C

TITLE I. CIVIL PERSONALITY capacity to act, and do not exempt the

General Provisions incapacitate person from certain obligation, as
when the latter arise from his acts or from
Definitions:
property relations, such as easements.
1. Person – any being natural, or artificial,
38.1 Restrictions on Capacity to Act – Art. 38
capable of possessing legal rights and
enumerates some of the restrictions on one’s
obligations
capacity to act. Restriction does not mean that a
2. There are 2 kinds of persons
person so described does not have capacity to act
a. Natural Person – human beings
but rather such capacity is restricted. An example
created by God through the
is minor who has capacity to act but such capacity
intervention of parents
is restricted.
b. Juridical Person – those created
by law. 38.2 Minority – The age of minority has been
lowered from 21 to 18. A minor needs parental
Article 37 – Juridical capacity, which is the
consent before he can enter into an ordinary
fitness to be the subject of legal relations, is
contract. If the minor goes into the contract
inherent in every natural person, and is only
without consent, the contract is not void or invalid
lost through death. Capacity to act, which is
but rather it is voidable. Thus, a minor has
the power to do acts with legal effect, is
capacity to act, but it is restricted.
acquired and may be lost.
A contract where one of the parties is unable to
37.1 – Definitions:
give consent thereto is voidable, the same
1. Juridical Capacity – the fitness to be the subject contract may be ratified by the legal guardian or
of legal relations. when the minor reaches the age of majority. In
contrast a contract where both parties are minors
2. Capacity to Act – the power to do acts with or are unable to give consent to, such contract is
legal effect. unenforceable. When such a contract is ratified
37.2 – Distinctions: by the legal guardian of one party, such contract
becomes voidable, when ratified by both legal
Juridical Capacity Capacity to Act guardians of the parties, such contract is valid
Passive Active from inception.
Inherent Merely acquired
Lost only through Through death and 38.3 Insanity or Imbecility
death other restrictions Insanity is a condition where the person’s mind is
Can exist without Exists always with sick.
capacity to act juridical capacity
Imbecility is feeble-mindedness or where a
37.3 – Full Definition: person thinks like small child, perhaps between
the ages of 2 and 7 years old.
• The union of the two kinds of capacity is
termed as, full civil capacity 38.4 Insanity – insane people are able to enter into
contracts that are valid, only during lucid
Article 38 – Minority, insanity, imbecility, the intervals, which must be proven as a matter of
state of being a deaf-mite, prodigality, and fact. Insane people, generally cannot give
civil interdiction are mere restrictions on

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Professor: Atty. Teresita Cruz. 1C

consent. Likewise, imbecile, insane, or demented 39.2 Family Relations – a man cannot marry his
if entering contracts renders the same as voidable. mother, sister, or even his first cousin. A father
has the obligation to support his family and give
38.5 Deaf, mutism and its effects – deaf-mutes
to his children their legitime
may enter into contracts if they are able to write.
While a contact entered into by a deaf-mute who 39.3 Alienage – an alien cannot generally,
does not know how to write is either voidable or acquire private or public agricultural lands,
unenforceable, depending on whether one of the including residential land, except through
parties are incapacitated. inheritance. The same also applies to alien
corporations, even limited time ownership.
38.6 Civil Interdictions – it is an accessory
Aliens are not allowed to practice medicine or
penalty to a principal penalty not lower than
law except in exceptional circumstances. Nor can
reclusion perpetua. It has the following effcts (1)
an alien be voted or vote.
deprivation of rights of parental authority or
guardianship, (2) deprivation of marital authority, 39.4 Absence – if one has been absent for several
(3) deprivation of the right to manage his years his property is subject to administration by
property, (4) deprivation of his right to dispose of order of the court although capacity to act is not
his property by any act or any conveyance inter limited.
vivos.
39.5 Married Woman – a married woman over the
38.7 Prodigality – the state of squandering money age of 18 is qualified for all acts of civil life
or property with a morbid desire of prejudicing except in those specified by law. Furthermore, a
the heirs of a person. Prodigality in itself does not married woman, under the age of 21 is considered
limit capacity to act, it is only limited when the a married minor, therefore she cannot dispose or
person is placed under guardianship. By doing so encumber her real property without parental
the prodigal person will need the consent of the consent.
guardian to enter into contracts.
CHAPTER 2: NATURAL PERSONS
Article 39 – The following circumstances
Article 40 – Birth determines personality; but
among others, modify or limit the capacity to
the conceived child shall be considered born
act: age, insanity, imbecility, the state of being
for all purposes that are favorable to it,
deaf-mute, penalty, prodigality, family
provided it be born later with the conditions
relations, alienage, absence, insolvency, and
specified in the following Article.
trusteeship. The consequences of these
circumstances are governed in this Code, 40.1 What determines personality – according to
other codes, the rules of Court, and in special the Civil Code a person has to be born to acquire
laws. Capacity to act is not limited on account personality in accordance with requisites required
of religious belief or political opinion. by law. The exception is that although a fetus not
yet born but conceived may be given personality
A married woman, twenty-one years of age or
so long as it is favorable to it and complies with
over, is qualified in all acts of civil life, except
law.
in cases specified by law.
40.2 When is a person considered born - a person
39.1 Art. 39 provides modifications or
is born when it is completely delivered from the
limitations to capacity to act.
mother’s womb and the umbilical cord is cut.
However this only applies to fetuses with a pre-

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Professor: Atty. Teresita Cruz. 1C

natal life of more than 7 months. If the fetus had 42.1 Extinction of Civil Personality – according
an intra-uterine life of less than 7 months, it is to the article civil personality is extinguished by
deemed born, if after delivery the fetus survives death (physical death); civil interdiction (civil
for more than 24 hours after complete delivery. death) is only restrictive and does not extinguish.
However it may be allowed for the estate of a
40.3 Beginning of Personality – Personality does
deceased to continue as an extension of the
not begin at birth, it begins at inception. This
deceased’s personality for purposes of settling
personality is called presumptive personality. It is
obligations (Linjuco v. Estate of Pedro Fragnate)
essential though that the fetus be born later, if not
born the fetus is deemed to not have acquired Article 43 – If there is doubt, as between two
personality. or more persons who are called to succeed
each other, as to which of them died first,
Article 41 – For civil purposes, the foetus is
whoever alleges the death of one prior to the
considered born if it is alive at the time it is
other, shall prove the same; in the absence of
completely delivered from the mother’s womb.
proof it is presumed that they died at the same
However, if the foetus had an intra-uterine life
time and there shall be no transmission of
of less than seven months, it is not deemed
rights from one to another.
born if it dies within 24 hours after its
complete delivery from the maternal womb. 43.1 – Application of Art. 43: it applies only to
persons who are called to succeed each other.
41.1 – Rights of a Conceived Child – (1) the
unborn child has a right to support from its 43.2 – If the question of survivorship involves
progenitors even if the child is only “env entre de persons who are not called upon to succeed each
sa mere’ (2) it may receive donation in other it is Rule 131 sec. 5 (jj) of the Rules of Court
accordance with Article 42 of the Civil Cod (3) it which reads: When two persons in the same
may not be ignored by the parent in his testament calamity, such as a wreck, battle, or
for it may result in a preterition of a forced heir conflagration, and it is not shown who died first,
that annuls the institution of the testamentary and there are no particular circumstances from
heir, even if such child is born after the death of which it can be inferred, the survivorship is
the testator. presumed from the probabilities resulting from
the strength and age of the sexes according to the
41.2 Two Kinds of Children:
following rules:
• Ordinary – with an intra-uterine life of at
a) If both were under the ag of fifteen the
least 7 months
older is presumed to have survived;
• Extraordinary – if the intra-uterine life be b) If both were over the age of 60 the
less than seven months (child must have younger is presumed to have survived;
lived for more than 24 hours after c) If one be under 15 and the other over 60
complete delivery. the former is presumed to have survive
41.3 A fetus is considered born, only for d) If both be over 15 and under 60 and the
beneficial purposes, otherwise it is not. sexes be different, the male is presumed
to have survived; if the sexes be the same,
Article 42 – Civil personality is extinguished then the older;
by death. The effect of death upon the rights e) If one be under 15 or over 60, and the
and obligations of the deceased is determined other is between those ages, the latter is
by law, by contract, or by will. presumed to have survived.

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