ART 1-36 CIVIL CODE

CHAPTER I CODE EFFECT AND APPLICATION OF LAWS

Article 1. This Act shall be known as the the "Civil  "Civil Code of the Philippines." (n) Art. 2. Laws shall take effect effect after fifteen days following following the completion of their publication publication in the Official a!ette" unless unless it is otherwise pro#ided. This $ode shall take effect effect one year after such such publication. (1a) Art. %. &gnorance of the law e'cuses no one from compliance compliance therewith. therewith.

(2)

Art. . Laws shall ha#e no retroacti#e effect" unless the contrary is pro#ided.

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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 t hird person with a right recogni!ed by law. (a) Art. -. Laws are repealed only by subseuent ones" and their #iolation or non/obser#anc non/obser#ance e shall not be e'cused by disuse" or custom or practice to the contrary. 0hen the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 applying or interpreting the laws or the $onstitution shall shall form a part of the legal system of the 3hilippines. (n) Art. 4. 5o ,udge or court shall decline to render ,udgment ,udgment by reason of the silence" obscurity or insufficiency of the laws. (*) Art. 16. &n case of doubt in the interpretation interpretation or application application of laws" it is presumed that the lawmaking body intended right and ,ustice to pre#ail. (n) Art. 11. $ustoms which are contrary contrary to law" public order order or public policy shall not 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 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.

&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. 0hen the acts referred to are e'ecuted before the diplomatic or consular officials of t he +epublic of the 3hilippines in a foreign country" t he 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)

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(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 i n,ury to another in a manner that is contrary to morals" good customs or public policy shall compensate the latter for the damage. Art. 22. 9#ery person who through an act of performance by another" or any other means" acuires or comes into possession of something at the e'pense of the latter without ,ust or legal ground" shall return the same to him.

Art. 2%. 9#en when an act or e#ent causing damage to another=s property was not due to the fault or negligence of the defendant" the latter shall be l iable for indemnity if through the act or e#ent he was benefited. Art. 2. &n all contractual" property or other relations" when one of t he parties is at a disad#antage on account of his moral dependence" ignorance" indigence" mental weakness" tender age or other handicap" the courts must be #igilant for his protection. Art. 2. Thoughtless e'tra#agance in e'penses for pleasure or display during a period of acute public want or emergency may be stopped by order of the courts at the instance of any go#ernment or pri#ate charitable institution. Art. 2*. 9#ery person shall respect the dignity" personality" pri#acy and peace of mind of his neighbors and other persons. The following and similar acts" though they may not constitute a criminal offense" shall produce a cause of action for damages" pre#ention and other relief> (1) 3rying into the pri#acy of another=s residence> (2) ;eddling with or disturbing the pri#ate life or family relations of another7 (%) &ntriguing to cause another to be alienated from his friends7 () ?e'ing or humiliating another on account of his religious beliefs" lowly station in life" place of birth" physical defect" or other personal condition. Art. 2-. Any person suffering material or moral loss because a public ser#ant or employee refuses or neglects" without ,ust cause" to perform his official duty may file an action for damages and other relief against he latter" without pre,udice to any disciplinary administrati#e action that may be taken. Art. 2. :nfair competition in agricultural" commercial or industrial enterprises or in labor through the use of force" intimidation" deceit" machination or any other un,ust" oppressi#e or highhanded method shall gi#e rise to a right of action by the person who thereby suffers damage. Art. 24. 0hen the accused in a criminal prosecution is acuitted on the ground that his guilt has not been pro#ed beyond reasonable doubt" a ci#il action for damages for the same act or omission may be instituted.
Art. %2. Any public officer or employee" or any pri#ate indi#idual" who directly or indirectly obstructs" defeats" #iolates or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages> (1) @reedom of religion7 (2) @reedom of speech7 (%) @reedom to write for the press or to maintain a periodical publication7 () @reedom from arbitrary or illegal detention7 () @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 eual 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 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
(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.