Art 1. This act shall be known as the Civil Code of the 1. Effective August 30 1950.

Philippines 2. When effectivity date is provided, statute shall

be effective upon approval; no publication is
1. Civil code – regulate relations of members of necessary to be effective.
civil society’ rights, obligations’ persons, things,
civil acts Art 3. Ignorance of the law excuses no one from
2. Conform w/ customs, traditions and compliance therewith.
idiosyncrasies of Filipinos  transformed to
positive laws 1. Presumption of knowledge of Philippine law –
3. Natural and unforced unrealistic, but law is obligatory.
4. Sources: 2. NOT FOREIGN LAW
a. Civil code of 1889 (Ley de Bases) a. Mistake of fact vs mistake of law
b. Codes, laws, judicial decisions, jurists of b. Applies to domestic (not foreign) laws.
other countries c. Judge not assumed to know
c. Doctrines of Supreme Court 3. For mandatory and prohibitory laws.
d. Fil customs 4. Our duty to know the laws.
e. Statutes 5. Injuries suffered by the ignorant [contract-
f. Code Commissions parties] are borne by them – their doing.
5. Foreign elements 6. Reasons:
a. Am culture incorporated in Fil life a. Social life is impossible if laws are only
b. Economic relations bet 2 countries will enforced due to being unknown (since
many do not know the law)
remain, anyway
b. Absurd to absolve the ignorant, then
c. Am and Eng courts developed certain
equitable rules not found in Civil Code increase obligation of the
of 1889 knowledgeable.
6. Arrangement c. Impossible to prove ignorance to law
a. Persons d. Conscience; available lawyers
b. Property 7. Exceptions:
c. Ownership and its Modifications a. Excuse of ignorance should be admitted
d. Obligations and Contracts to show good faith – when new
7. Additions provisions enforced.
b. Minors treated differently – lack of
a. Human relations
b. Care and education for children intelligence
c. Nuisance 8. Irrevocability of acts – if you did something,
d. Intellectual creation thinking you were following an instructional
e. Natural obligations law, then realized you didn’t need to do it
f. Trusts and damages anymore, you can’t undo what you did.
8. Omissions (bec not found in Ph contracts 9. Mistake of fact – you can be excused for
anyway) ignorance of fact, but not for law.
a. Dowry 10. Mistake of difficult legal questions = mistake of
b. Censos fact
c. Use a. Art. 1334 – If you both misunderstood
d. Habitation the terms, and agreed to them, can
9. Criticism: unscientific; organization vitiate consent.
10. Language b. Art. 2154 - If you receive something you
a. Some English words translated from did not order, return it.
Spanish c. Art. 2155 – If you paid/ are paid
b. Some English words not in Am laws something in confusion of terms, refund
it.
Art 2. Laws shall take effect after 15 days following the 11. Mistake of lawyer cannot cause disbarment.
completion of their publication either in the Official
Gazette, or in a newspaper of general circulation in the Art 4. Laws shall have no retroactive effect, unless the
Ph, unless it is otherwise provided. (As amended by EO contrary is provided.
200) 1. Changes/ injuries present rights
 2. Related to Art. 3 – presumed that laws are 3. Law may sometimes consider acts as criminal
promulgated, so inexcusable. Unfair to punish, (illegal) but valid; when nullifying said act is
if they have not been promulgated in the first harmful. Exceptions include:
place. a. Nullity more disadvantageous that
3. Exceptions: validity (e.g. marriage)
a. When law expressly provides b. Subject validity of act to consent of
b. Remedial statutes interested/ injured party (e.g. null
c. Curative statutes marriage).
d. Laws interpreting others c. Law declares nullity of act, but
e. Laws creating new rights recognized effects as legally existing.
f. Statute is penal in nature:
i. Favorable to accused Art 6. Rights may be waived, unless the waiver is
ii. Accused is not a habitual contrary to law, public order, public policy, orals, or
good customs, or prejudicial to a third person with a
criminal (Art. 22 RPC)
4. Unconstitutional provisions (exceptions) right recognized by law.
a. When retroactivity makes it an ex post 1. Elements of Right
fact law a. Subject (persons)
b. Cause impairment of obligation of i. Active (demand)
contract ii. Passive (obliged)
5. Remedial statutes – method of enforcing rights, b. Object (giving, receiving, doing, not
or redressing invasion of rights. doing)
a. Court procedures may be changed by c. Efficient cause (binds parties to
law, as long as it does not affect or obligation; e.g. contract/ promise)
change vested rights. 2. Kinds of Right
6. Curative statutes – cure errors and a. Political
irregularities; validating judicial or admin b. Civil
proceedings, deeds, contracts, that fail to i. Right of personality (source:
comply with technical requirements. being human)
7. Interpreting statutes – give clarifications to ii. Family rights
existing laws iii. Patrimonial rights (economic
a. Chile and Columbia laws: Laws which satisfaction)
merely interpret the law are considered 1. Real rights (things)
as incorporated in the latter; no effect 2. Personal rights
on final judicial decisions (enforceable against
8. Laws creating new right – If no other rights are persons)
prejudiced a. E.g. A owes B
Art 5. Acts executed against the provisions of money as down
mandatory or prohibitory laws shall be void, except payment for a
when the law itself authorizes their validity. car. A pledged
to pay it after a
1. Directory – matter of form, or not material, do week. B has a
not affect substantial right, do not relate to real right of
essence of thing to be done. Compliance is pledge. B also
matter of convenience. has personal
a. Impossible to violate right to be paid.
b. Can be abrogated by agreement of 3. Waiver – relinquishment of a known, existing
parties right. Requires:
2. Mandatory – relate to matters of substance, a. Actual existing right
affect rights, very essence of the things required b. Capacity to make renunciation
to be done. c. Clear and equivocal
a. Violative act is illegal and void i. If not formality, at least make
intent clear.
4. Scope of waiver:
 a. Contract prosecution under it = depriving court
b. Statute of jurisdiction.
c. constitution 8. Repeal of repealing law – the law first repealed
5. Renunciation of rights must not prejudice rights shall not be revived, unless expressly so
of others who are not involved, and does not provided.
lead to renunciation of another right. 9. But, if implied repeal yung repealing law, the
6. Laws cannot be renounced, although rights prior law will be revived (e.g. Purjery law repeal
arising from thereon may be. revived penal code provisions on perjury)
7. Doctrine of estoppel 10. Executive orders and regulations – legislative
regulations must be in harmony with provisions
Art 7. Laws are repealed only by subsequent ones and of law, and for the purpose of carrying into
their violation or non observance shall not be excused effect general provisions.
by disuse, or custom, or practice to the contrary.
Art 8. Judicial decisions applying or interpreting the
When courts declare a law to be inconsistent with the laws or the Constitution shall form a part of the legal
Constitution, the former shall be void and the latter system of the Philippines.
shall govern.
1. Jurisprudence is not independent source of law.
Administrative or executive acts, orders and 2. It is judge-made law.
regulations shall be valid only when they are not 3. This is possible even though the supposed sole
contrary to the laws or the Constitution function of Court is interpret  Court’s
construction merely establishes
1. Laws are promulgated by authority of state  contemporaneous legislative intent.
they can lose effect only thru the will of the 4. Judges formulate and declare law as applied
State. concretely to case before him.
2. Statute can lapse on its own 5. Doctrine of Stare Decisis – once a question of
a. Laws with fixed period (e.g. Martial law law has been examined and decided, it should
declarations) be deemed settled and closed to further
3. Legislative: can repeal argument
a. Express/declared repeal (found in a. Flexible. Changing conditions and
special provision of subsequent law) uselessness of law, Courts can depart
b. Implied/tacit (when provisions of from said law.
subsequent law incompatible with b. Does not mean blind adherence to
earlier law. If the laws can reasonably precedents. No matter how long the
stand together, they will be sustained. law’s been around, it must be
Requisites: abandoned when necessary.
i. Cover same subject matter
ii. Latter repugnant to earlier Art 9. No judge or court shall decline to render
4. Judicial: can declare unconstitutional judgment by reason of silence, obscurity or
5. General and special laws: if inconsistent, the insufficiency of the laws.
special law constitute a special exception to
general. 1. Not apply to criminal prosecutions. Kahit gano
6. General law does not tacitly repeal special law. ka lala ng criminal act, if there is no law to
Unless intention of legislative to do so is clearly punish it, dismissed na.
deduced form later law. a. Doctrine of stare decisis
7. Effect of repeal of law: 2. Duty of the court to decide and know and find
a. Governed by rules on retroactivity of the laws applicable.
laws. 3. Obscurity/deficiency of law. Of obscure, judge
b. Cannot affect or impair vested right, act should clarify. If insufficient, judge should fill by
done, penalty accrued, judgment resorting to customs or general principles of
already final before repeal. law. Judge should be given ample freedom to
c. Penal statutes favorable to accused resolve gaps, only when all rules of
have retroactive effect  repealing a interpretation has been exhausted when court
penal law during pendency of a criminal can create new rule on facts and within juridical
 order. New, foreign ideas when found must Art 13. When the law speak of years, months, days, or
introduce to legal system. nights, it shall be understood that…
4. Unjust laws. Judge cannot deny application of a
law simply because he finds it unjust.
a. Dura lex sed lex.
5. Customs and jurisprudence considered as Art 14. Penal laws and those of public security and
suppletory laws. safety shall be obligatory upon all who live or sojourn
a. Customs – judicial rule from constant in the Philippine territory, subject to the principles of
and continued uniform practice by public international law and to treaty stipulations.
members of a social community,
observed as obligatory. Requisites: 1. Applicability of laws to aliens.
i. Plurality pf acts/repetition of a. Must respect laws of the counter there
resolutions, decisions are in.
ii. Uniformity b. Local and temporary allegiance to the
iii. General practice by the great gov.
mass c. Obey its laws and may be prosecuted.
iv. Continued performance for d. Enjoy civil rights guaranteed by
long period Constitution. Cv rights are independent
v. Practice corresponds to a ofc citizenship.
juridical necessity or is 2. Military personal.
obligatory
Art. 15. Laws relating to family rights and duties, or to
vi. Practice not contrary to law.
the status, condition and legal capacity of persons are
Morals, public order.
binding upon citizens of the Philippines, even though
6. General principles of law – universal juridical
living abroad.
standards dictated by correct reason; principles
of justice beyond variability or uncertainty to
Art. 16. Real property as well as personal property is
facts; foundation of positive law in each
subject to the law of the country where it is situated.
country.
However, intestate and testamentary successions,
Art 10. In case of doubt in the interpretation or
both with respect to the order of succession and to the
application of laws, it is presumed that the lawmaking
amount of successional rights and to the intrinsic
body intended right and justice to prevail
validity of testamentary provisions, shall be regulated
by the national law of the person whose succession is
1. There is a law susceptible to at least two
under consideration, whatever may be the nature of
interpretations.
the property and regardless of the country wherein
2. Assume that they had justice in mind.
said property may be found (10a).
3. Equity. No justice if no equity.
a. Can correct/modify written law
Art. 17. The forms and solemnities of contracts, will,
b. Can extend law to supply deficiencies
and other public instruments shall be governed by the
c. To temper rigor of positive law
laws of the country in which they are executed.
d. Justice sweetened with mercy
e. To seek, follow intention of legislator, When the acts referred to are executed before the
rather than bare legal provision diplomatic or consular officials of the Republic of the
f. To adapt rigid law to social life. Philippines in a foreign country, the solemnities
established by the Philippine laws shall be observed in
Art 11. Customs contrary to law, public order or public
their execution.
policy shall not be countenanced.
Prohibitive laws concerning persons, their acts or
Art 12 A custom must be proved as fact, according to
property, and those which have for their object public
the rules of evidence.
order, public policy and good customs shall not be
rendered ineffective by laws or judgments
1. Non existence of customs. When those who are
promulgated, or by determinations of conventions
supposed to know them do not know them,
agreed upon in a foreign country (11a).
presume non existence.
 long engagement, one party breaks
engagement and causes moral and
Art. 18. In matters which are governed by the Code of material injury, liable for damages.
Commerce and special laws, their deficiency shall be 9. No abuse of right if no intention to prejudice,
supplied by the provisions of this Code (16a). but damages where incurred.
a. A store after being built next to another
Art. 19. Every person must, in the exercise of his rights store, receives more customers;
and in the performance of his duties, act with justice, b. Employee dismissed for growing slow
give everyone his due, and observe honesty and good and inefficient.
faith. 10. Absolute right. Exercise of which is NEVER
BASIS OF LIABILITY.
1. You can abuse your rights and injure others. a. Parents’ right to deny consent to
2. The old rule: classical theory, he who uses a marriage of a minor.
right injures no one”; no person can be held b. Right to deprive legal heirs of an
liable for the damages to another by the inheritance by giving them to others, so
exercise of a right. long as the legit is not impaired.
3. Right disappears through abuse; you do not c. Right to set up nullity of contracts
exercise a right while prejudicing another. d. Refusal to enter into a contract (cannot
4. 3 principles why we should not abuse rights ask why you refused!)
a. Honeste vivere i. Under Art 21, if you refuse to
b. Alterum non laedere enter into contract, or
c. Jus suum quique tribuere transaction, for no reason, and
5. Test of abuse of right: abnormal exercise of you are the only accessible
rights contrary to its socioeconomic purpose; vendor in town, you are liable
excessive or unduly; intention to injure; court for depriving people to buy you
must base above on facts and circumstances. products.
6. Absence of good faith. Good faith – honest 11. Justice by own hand. NOT ALLOWED. Except:
intention to not take unconscientious a. Parents punishing child with
advantage of another. Thru technicalities of law moderation
7. Article 1. Principle of abuse of rights (Art. 19) b. Owner of land to cut off roots of trees
and acts conta bonos mores (Art. 21) match. of neighbor that penetrate his land.
8. Examples. (a) exercising a right with no c. Right to abate nuisance extrajudicially.
legitimate aim and with intent to spite another;
(b) there is no corresponding benefit to the
abuser, but there is a disadvantage to the other. Art 20. Every person who, contrary to law, willfully or
a. Pre-contractual abuse. Refusing to negligently causes damage to another, shall indemnify
receive certain guests by a hotel; racial/ the latter for the same.
sex discrimination by business owners,
employers, etc. 1. Damages to person, liberty, or property.
b. Contractual abuse. Dismissing 2. Scope. Broad enough to cover all legal wrongs
employees for no legit reason (e.g. not under violations of contract.
personal, political, union membership); 3. Moral negligence. We are required to act with
cut-throat competition; entering into a. Prudence but not charity
several contracts with competing b. Diligence not altruism
bodies. Egoism, failure to make sacrifices, and
c. Revocation of agency. If done moral fault or negligence do not
capriciously to prejudice agent, doer constitute liability.
must indemnify former for damages Failure to help a victim or a person in
latter may suffer (legal but abusive and need is not liable.
unjust).
d. Promise to marry. No obligatory force.
Breach has no liability for damages. Art 21. Any person who willfully causes loss or injury
BUT, if shortly before wedding or after a to another in a manner that is contrary to morals,
good customs or public policy shall compensate the f. Acquisition of property to prevent other
latter for the damage. who actually need it from having
property.
1. Art 19. Whose principles are basis of this g. If an execution of judgment is contrary
provisions. to equity and justice.
2. Reason: impossible to enumerate all wrongs 7. Awarding damages for unjust decisions.
which cause damage (Code comm)jh a. Does not violate res judicata
3. Effect on law of wrongs. b. Unfair if a persons enriches himself
a. Broadened. through an unjust decision at the
b. Now difficult to conceive of any expense of another
malevolent exercise of right without 8. Conflicts of interest. Unfair means employed
being checked. during a conflict of interest is liable for
c. Fills gaps of statutes, permitting the damages. Examples:
victimization of moral wrongs and a. Boycott may be immoral if purely for
moral/material damages, though legal. vengeance or self-aggrandizement, or
d. Obliterate line between morals and threatening, defaming, and with
laws (Code Comm) coercion.
4. Scope. b. Strikes immoral if based on false
a. Acts which are legal and not prohibited, assertions
but contrary to morals or good c. Own example: Calling for a boycott
customs. against a certain hospital because it
b. Right or property injury “did not treat you well”, when truly,
c. Material or immaterial injury you failed to follow their professional
d. Act or omission medical advice, simply because said
e. As long as there is willfulness and advice was “sketchy”, which may have
contravention of morals or public led to your physical deterioration
policy. 9. Illicit sexual relations.
5. Requisites.
a. Willful – there is knowledge of the A seduces 19 y.o. daughter of X. Promise of marriage
injurious effect. not made, or cannot be proved. Girl becomes pregnant.
i. Injury does not have to be the Under present law, there is no crime, as the girl is above
main purpose of act but should 18 y.o. Neither can any civil action for breach of promise
be an effect. of marriage be filed. Therefore, though a grievous moral
ii. Act does not have to be done wrong has been committed, and though the girl and her
against the person injured family have suffered incalculable moral damage, she
(basta as long as alam mong and her parents cannot bring any action for damages.
may at least isang taong But under this article, she and her parents would have
maiinjure) such a right of action.”
6. Examples.
a. Refusing to enter into a contract a. Example by Code Commission:
(although an absolute right), if for no b. Seduction = deception
reason, and if you are the only available i. If no seduction, it is a
source of resources (vendor) in town, is consensual, mutual act.
liable. Therefore no basis for
b. Burning house of X to prejudice an indemnity
insurance company. c. So long as there is a wrongful, willful act
c. Causing financial ruin to another to resulting to injury, there is civil liability,
acquire buy his property at low cost. even though it is not criminal.
d. Abuse of public office to obtain illicit 10. Breach of promise to marry is actionable in
benefits to the injury of another Art. 21. But you don’t need such breach of
e. Delay of a pending case by setting up promise to pray for acknowledgment and
defenses that are obviously. support of child from guy, if plaintiff is induced
 (encouraged, persuaded) to live with defendant 5. Monomania – insanity in one thing is not
contrary to morals and good customs. necessarily insanity in other things
11. Exception. Actor is not liable if damages are
caused by inexcusable fault or negligence of Note: If a person is under guardianship because of
victim. Doctrine of proximate cause. insanity, he is of course presumed insane if he should
12. Unjust enrichment. At expense of another. enter into a contract. But this presumption is only prima
Pioneered by German and Swiss laws. facie or rebuttable. If it can be shown that he was acting
Examples: during a lucid interval, the contract will be considered
a. Condictio indebiti valid.
b. Condictio cause data non secuta
c. Sine causa 6. Deaf-mute – sane or insane; may make a will,
d. Ex injustia causa but cannot be a competent witness to a notarial
e. Turpis causa will.
7. Civil interdiction – restrictions do not extinguish
CIVIL PERSONALITY capacity to act. They merely restrict or limit the
same; incapacitated person in not exempt from
Art. 37. Juridical capacity, which is the fitness to be the certain obligations arising from his acts.
subject of legal relations, is inherent in every natural
person and is lost only through death. Capacity to act, Art. 39. The following circumstances, among others,
which is the power to do acts with legal effect, is modify or limit capacity to act: age, insanity,
acquired and may be lost. imbecility, the state of being a deaf-mute, penalty,
prodigality, family relations, alienage, absence,
1. Kind of Capacity. insolvency and trusteeship. The consequences of these
a. Juridical Capacity (a.k.a. legal capacity circumstances are governed in this Code, other codes,
and personality). Aptitude to hold and the Rules of Court, and in special laws. Capacity to act
enjoy rights. is not limited on account of religious belief or political
i. Mere fact of being a human. opinion.
Existed in all humanity.
b. Capacity to act. Exercise of/power to A married woman, twenty-one years of age or over, is
act on rights. Depending on state/ qualified for all acts of civil life, except in cases
condition. specified by law.
i. Conditional and variable.
Requires intelligence and will. 1. Broader than Art. 38 (restrictions on capacity to
2. Capacity and incapacity are not rights, but act). Art. 9. Includes not only restrictions of
qualities of persons, and cannot be alienated. limitations but also circumstances that modify
capacity to act.
Art. 38. Article 38. Minority, insanity or imbecility, the 2. Example: Acc. to Code Commission, a father has
state of being a deaf-mute, prodigality and civil generally full civil capacity and in not as such
interdiction are mere restrictions on the capacity to restricted under Art. 38; however, because he is
act, and do not exempt the incapacitated person from a father, his capacity to alienate his property is
certain obligations, as when the latter arise from his modified in the sense that he cannot impair the
acts or from property relations, such as easements. legitime of his compulsory heirs.
(32a). 3. Family relations. Man cannot marry his mom,
sister, first cousin. The fact that a man is the
1. Prodigality – state of squandering money or dad of the fam creates an obligation to give
property with a morbid desire to prejudice the support to his fam and give children their
heirs of a person legitime.
2. Civil interdiction – deprivation by the court of a 4. Alienage – cannot generally acquire private or
person’s right public agricultural lands, including those
3. Minority – has restricted capacity to act residential in nature, except thru hereditary
4. Insanity/imbecility – condition where a succession.
person’s mind is sick; feeble-mindedness, or a a. Alien Corps cannot under law own said
person thinks like a small child lands, at all.
b. Alien cannot vote or be voted
 c. Fil who married to a foreigner and who 3. Test of life. From extra-uterine life, child must
acquires his citizenship cannot acquire have independent life, not just continuation of
land in Ph. intra-uterine life (i.e. complete respiration,
5. Absence. Fact that one has been absent for crying, lungs float when in water).
several years and his whereabouts cannot be 4. Viability (functionable, practicable organs) not
determined, subjects his property to required.
administration by order of court, though his 5. If pre-mature (<7 mos intra-uterine), must have
capacity to act is not limited. survived for at least 24 hours. Otherwise, no
6. Married women. Being a wife modifies capacity judicial personality, even if it were killed and
to dispose of conjugal property or to bring an would have survived if not killed.
action, though her capacity to act is not limited 6. Child is assumed alive in case of doubt, and
in the sense that a minor’s capacity is limited. burden of proof is placed on the opposer.
7. Parents can recover for damages when fetus
Art 40. Birth determines personality; but the conceived dies before birth due to inflicted injury – moral
child shall be considered born later with the conditions and exemplary damages. Not pecuniary
specified in the following article. damages.

1. Birth. Removal of fetus from mother’s womb. Art 42. Civil personality is extinguished by death. The
2. Before birth, fetus is not a person, but part of effect of death upon the rights and obligations of the
internal organs. Because of expectancy of its deceased is determined by law, by contract, and by
birth, the law protects it and its rights, and if it will.
should be born, it’s legal existence retroact to
the moment of conception (first 120 of 300 1. Only for natural/ physical death.
days preceding birth). 2. Rights and obligations are extinguished, or
3. Conceived child is considered born for purposes inherited by successor, depending on the law,
favorable to it. contract, or will.
4. Legal personality is: 3. Estate. Personality if deemed to continue in his
a. Limited to the purposes favorable to estate. Estate of legal person has legal
the child personality independent of heirs.
b. Conditional, depends upon the child a. Assets the deceased left is vested with
being born alive later. In not alive, rights and obligations, which survive
personality disappears as if it never after his demise. Rights and obligs may
existed. only be fulfilled by his estate.
5. Rights of conceived child. 4. Corpse is not a person.
a. Receive donations a. Cannot be subject of rights, since
b. Inherit by will or intestacy juridical capacity is extinguished by
c. Compensation for personal injuries death.
inflicted (extinguished when born dead b. Law is regulation of human social life
– e.g. aborted). and behavior.
c. Becomes a “thing”, susceptible to
Art 41. For civil purposes, the fetus is considered born control.
if it is alive at the time it is completely delivered from
the mother’s womb. However, if the fetus had an Art. 43. If there is a doubt, as between two or more
intra-uterine life of less than seven months, it is not persons who are called to succeed each other, as to
deemed born if it dies within 24 hours after its which of them died first, whoever alleges the death of
complete delivery form the maternal womb. one prior to the other, shall prove the same; in the
absence of proof, it is presumed that they died at the
1. Separation from mother cutting of umbilical same time and there shall be no transmission of rights
cord. from one to other.
2. Alive at birth. Law requires that child is alive at
the time of complete separation. Art. 44. The following are judicial persons:
a. For juridical personality, enough that
child lives even for an instant. 1. The state and its political subdivisions;
 2. Other corporations, institutions, and entities CHAPTER 7: VOIDABLE CONTRACTS
for public interest or purpose, created by law;
their personality begins as soon as they have Art. 1390. The following contracts are voidable or
been constituted according to law; annullable, even though there may have been no
3. Corporations, partnerships, and associations damage to the contracting parties.
for private interest or purpose to which the (1) Those where one of the parties is incapable of
law grants a juridical personality, separate and giving consent to a contract;
distinct from that of each shareholder. Partner,
or member. (2) Those where consent is vitiated by mistake,
violence, intimidation, undue influence or
Art. 45. Juridical persons mentioned in Nos. 1 and 2 of fraud.
preceding article are governed by the laws creating or
Art. 1397. The action for annulment of contracts may
recognizing them.
be instituted by all who are thereby obliged principally
Private corporations are regulated by laws of general or subsidiarily. However, persons who are capable
cannot allege the incapacity of those with whom they
applications on the subject.
contracted; nor can those who exerted intimidation,
Partnerships and associations for private interest or violence, or undue influence, or employed fraud, or
purpose are governed by the provisions of this Code caused mistake base their action upon these flaws of
concerning partnerships. the contract (1302a)
Art. 1399. When the defect of the contract consists in
Art. 46. Juridical persons may acquire and possess the incapacity of one of the parties, the incapacitated
property of all kinds, as well as incur obligations and person is not obliged to make any restitution except
bring civil or criminal actions, in conformity with the insofar as he has been benefited by the thing or price
laws and regulations of their organization. received by him. (1304)
Art. 47. Upon the dissolution of corporations, CHAPTER 8: UNENFORCEABLE CONTRACTS
institutions and other entities for public interest or
purpose mentioned in No. 2 of Article 44, their Art. 1403. The following contracts are unenforceable,
property and other assets shall be disposed of in unless they are ratified:
pursuance of law or the charter creating them. If
nothing has been specified on this point, the property (1) Those entered into in the name of another
and other assets shall be applied to similar purposes person by one who has been given no
for the benefit of the region, province, city or authority or legal representation, or who has
municipality which during the existence of the acted beyond his powers.
institution derived the principal benefits from the (2) Those who do not comply with the Statute of
same. Frauds as set forth in this number. In the
CHAPTER 2: ESSENTIAL REQUISITES OF CONTRACTS following cases an agreement hereafter made
shall be unenforceable by action, unless the
GENERAL PROVISIONS same, or some note or memorandum thereof,
be in writing and subscribed by the party
SECTION 1: CONSENT charged, or by his agent; evidence, therefore, o
Art. 1327. The following cannot give consent to a the agreement cannot be received without the
contract. writing, or a secondary evidence of its
contents:
(1) Unemancipated minors;
(a) An agreement that by its terms is
(2) Insane or demented persons, and deaf-mutes not to be performed within a year
who do not know how to write (1263a) from the making thereof;
Art. 1328. Contracts entered into during a lucid (b) A special promise to answer for the
interval are valid. Contracts agreed to in a debt, default, or miscarriage of
state of drunkenness of during a hypnotic spell another;
are voidable.
 (c) An agreement made in sale, saving the modifications contained in the
consideration of miscarriage, other following articles.
than a mutual promise to marry.
Where necessaries are sold and delivered to a minor or
(d) an agreement for the sale of goods, other person without capacity to act, he must pay a
chattels or things in action, at a price reasonable price therefor. Necessaries are those
not less than 500 pesos, unless the referred to in Article 290. (1457)
buyer accept and receive part of such
goods and chattels, or the evidence, or 1. Art. 290. Support is everything that is
some of them, of such things in action indispensable for sustenance, dwelling,
or pay at the time some part of the clothing, and medical attendance, according to
purchase money; but when a sale is the social position of the family. Support also
made by auction and entry is made by includes the education of the person entitled to
the auctioneer in his sales book, at the be supported until he completes his education
time of the sale, of the amount and or training for some profession, trade or
kind of property sold, terms of sale, vocation, even beyond age of majority. (124a)
price, names of the purchasers and
Art 2176. Whoever by act or omission causes damage
person on whose account the sale is
to another, there being fault or negligence, is obliged
made, it is sufficient memorandum.
to pay for the damage done. Such fault or negligence,
(e) An agreement of the leasing for a if there is no pre-existing contractual relation between
longer period than a year, or for the the parties, is called a quasi-delict and is governed by
sale of real property or of an interest the provisions of this Chapter.
therein;
1. Quasi-delict. A negligent act or omission
(f) A representation as to the credit of causing harm to person or property of another;
a third person. exposes person to civil liability as if the act or
(3) Those where both parties are incapable of omission is intentional.
giving consent to a contract.

TITLE III: NATURAL OBLIGATIONS

Art. 1426. When a minor between 18 and 21 years or
age who has entered into a contract without consent of
the parent or guardian, after the annulment of the
contract voluntarily returns the whole thing or price
received, notwithstanding the fact that he has not been
benefited thereby, there is no right to demand the
things or price thus returned.
Art. 1427. When a minor between 18 and 21 years of
age, who has entered into a contract without consent
of the parent or guardian, voluntarily pays a sum of
money or delivers a fungible thing in fulfillment of the
obligation, there shall be no right to recover the same
from the oblige who has spent o consumed it in good
faith. (1160A)
TITLE VI: SALES
CHAPTER 2: CAPACITY TO BUY OR SELL
Art. 1489. All persons who are authorized in this Code
to obligate themselves, may enter into a contract of
 are for adultery,

FAMILY CODE concubinage and legal

separation.

Once marriage has been properly solemnized and

FAMILY CODE Art 1. Marriage is a special contract of
obligations of marriage undertaken, validity cannot be
permanent union between a man and a woman
affected by antenuptial agreement not to live together,
entered into in accordance with the law for the
nor by an agreement previously entered into that the
establishment of conjugal and family life. It is the
marriage should not be valid and binding, nor because
foundation of the family and an inviolable social
one or both parties did not intend it to be a permanent
institution whose nature, consequences, and incidents
relation.
are governed by law and not subject to stipulation,
except that marriage settlements may fix the property
5. Principal effects:
relations during the marriage within the limits
a. Personal and economic relations - bet.
provided by this Code (52a).
Parties; source
1. Based on Article 52 Civil Code, saying it is not a b. Legit sexual union and family
mere contract. c. Personal and econ rel. between parent
2. Marriage; social institution. Institution of public and child – giving considerable rights
order, founded on custom and morality. and duties
a. Sui generis; has a social characters; d. Family relationship – from which flow
with consent of parties various juridical consequences (i.e.
b. juridical act for purposes of procreation impediments to marriage; right to
and other material and moral ends. support and inheritance)
c. Foundation of domestic relations of e. Emancipation – of spouses from
utmost importance to civilization and parental authority
social progress; why state is deeply f. No donations – between spouses.
concerned about its purity and g. No testifying – of spouses against each
integrity. other
3. Characteristics. h. Modified criminal liability
a. Civil: established by state; i. Exemption – when one spouse
secular/irreligious defends other from unlawful
b. Public order or policy: governed by aggression or is his accessory
rules of law, not subject to stipulation after the fact
of parties. ii. Mitigation – when crime is
c. Natural: objective to satisfy intimate committed in vindication of
sentiments and needs of human beings grave offense against spouse
for organic perpetuation of man. iii. Aggravation – when injured is
4. Marriage v ordinary contracts spouse of offender
Similarity: Consent of both parties 6. Contract to marry. When spouses mutually
Ordinary Contract Marriage agree at some future time; a.k.a. engagement
agreement; executory contract
Any number of persons One man and one
a. Promise cannot be forced by court;
can enter woman
consent of actual marriage is purely or
Agreement of parties Law fixes duties and
VOLUNTARY.
have force of law rights of the parties
b. no ceremony or formality required
between them (readily-made contract?)
c. BUT has to be believable enough to
Terminated by mutual Cannot be terminated,
injured party (e.g. persistence,
agreement eve though one party
repetition of offer that give sign to
subseq. fails to do his
sincerity).
part
d. If, after breaking up, the couple make
Breach of contract  Breach of obligations of
up, say “no more misunderstandings”,
action for damages spouse  no action;
etc., it is considered continuation of
penal and civil sanctions
contract to marry.
7. Breach of promise. damages representing the salary
a. Contracts to marry usually consist of you should have earned.
several promises made at different b. Possible to base an action upon
times; BUT there is only one breach – carnal knowledge of plaintiff by
that is the ultimate breach of contract. defendant, separate from breach of
b. Request to postpose for a reasonable promise, under Quasi-delict (Art
cause is NOT a breach or repudiation of 2176) and Art 21)
contract and oblig’s. i. Because carnal does NOT
c. Repudiation. Exists when, before constitute a promise to
marriage, one party backs out, refuses marry. Marriage contract is
to further communicate or to maintain a mutual consideration, and
relationship, marries another. is not made upon carnal
8. Damages of breach relations.
There used to be an entire chapter on this in the ii. Promise to marry is a
original CC, but the Code Com eliminate all 10 means of seduction.
articles. In De Jesus v Syquia, CC says there is iii. It is also a breach of trust.
not action for breach of promise to marry in Civil iv. Subsequent marriage
Law apart from right to recover money or pardons this, but refusal to
property advanced by plaintiff upon the faith of marry makes seduction
promise. VERY WRONG and
injurious.
The Com eliminated this but intended to Unfortunately, the doctrine is worded so
maintain such rule, to avoid abuse of such broadly, making it look like it is the
rights of action (reason for Heart Balm Act in woman’s fault for having faith is the
Paccininni v Hajus). man she thought was her hubby-to-be.
3. Abuse of right (Art 19).
1. Can you recover damages after BOPM? a. Can be filed against under Art 19
a. If purely based on breach: No even in absence of seduction.
seduction = no cause of action b. Capriciously abandoning contract
i. Emotional and mental for no reason, causing moral and
anguish = moral damages material damage has liability,
(acc. Art. 2217 NCC); NOT especially when done just before
actionable. marriage and after long
b. If based on tort or quasi delict engagement.
(negligent act or omission causing 4. Unjust enrichment (Art 22).
harm): actionable under Arts. 19, a. Includes gifts, money, etc., which
21, 22. are legally conditional, may be
2. Effect of Seduction. recovered
Before NCC, promises or marriage based on b. Absolute gifts (e.g. Christmas,
carnal relations is of unlawful consideration; valentines, etc.) not recoverable.
not actionable. Reason: if carnal intercourse 5. Oral agreement.
between parties is a crime, it is common to a. Consideration of marriage. to be
both parties, against which Article 1411 (old actionable, it has to be proven by
1305) bars recovery. If not a crime, then written agreement.
immoral (Art. 1412/1306). Art. 2176 (1902) b. Promise to marry. Does not need
says no recovery can be made if person written proof; there is presumption
causes damage to another through that it is a mutual promise to marry
negligent act or omission, since the woman i. Parents of aggrieved bride
participated in the act. cannot sue, therefore, since
a. Other ways to recover. Ex., if guy they are not part of the
urges you to quit job upon promise, and promise is not
pregnancy, and you do, and the guy mutual on their part.
leaves you, the guy is liable for
 ii. Statute of Frauds. Only knowledgeArt. 47 MARRIAGE Void and
apply to enforcement of Voidable Marriages
contract, not breach.
of the other’s insanity; by any relative,
Art. 5. Any male or female of the age of eighteen years guardian or person having legal charge of the
or upwards not under any of the impediments insane, at any time before the death of either
mentioned in Articles 37 and 38, may contract party; or by the insane spouse during a lucid
marriage. (54a) interval or after regaining sanity;

Art. 35. The following marriages shall be void from the (3) For causes mentioned in Number 3 of Article
beginning: 45, by the injured party, within fi ve years after
the discovery of the fraud;
(1) Those contracted by any party below eighteen
years of age even with the consent of parents (4) For causes mentioned in Number 4 of Article
or guardians; 45, by the injured party, within fi ve years from
the time the force, intimidation or undue infl
(2) Those solemnized by any person not legally uence disappeared or ceased;
authorized to perform marriages unless such
marriages were contracted with either or both (5) For causes mentioned in Numbers 5 and 6 of
parties believing in good faith that the Article 45, by the injured party, within fi ve
solemnizing offi cer had the legal authority to years after the marriage. (87a)
do so;
(3) Those solemnized without a license, except
those covered by the preceding Chapter;
(4) Those bigamous or polygamous marriages not
falling under Article 41;
(5) Those contracted through mistake of one
contracting party as to the identity of the
other; and
(6) Those subsequent marriages that are void
under Article 53.

Art 42. The subsequent marriage referred to in the

preceding Article shall be automatically terminated by
the recording of the affidavit of reappearance of the
absent spouse, unless there is a judgment annulling
the previous marriage or declaring it void ab initio.
Art 47. The action for annulment of marriage must be
fi led by the following persons and within the periods
indicated herein:
(1) For causes mentioned in Number 1 of Article
45, by the party whose parent or guardian did
not give his or her consent, within five years
after attaining the age of twenty-one; or by
the parent or guardian or person having legal
charge of the minor, at any time before such
party reached the age of twenty-one;
(2) For causes mentioned in Number 2 of Article
45, by the sane spouse who had no