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CODALS > Civil Code > Flashcards

Civil Code Flashcards

1
Q

REPUBLIC ACT NO. 386

A

Article 1. This act shall be known as the Civil Code of the Philippines

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2
Q

EFFECTIVITY OF LAWS

A

Article 2. Laws shall take effect after 15 days following the completion of their publication EITHER in the Official Gazette, or in a newspaper of general circulation in the Philippines, unless it is otherwise provided.

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3
Q

IGNORANTIA LEGIS NON EXCUSAT

A

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

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4
Q

NON-RETROACTIVITY OF LAWS

A

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

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5
Q

MANDATORY AND PROHIBITORY LAWS

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

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6
Q

WAIVER

PROHIBITION AGAINST WAIVER

A

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

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7
Q

REPEAL

A

Article 7, Paragraph 1. Laws are repealed only by subsequent ones, and their violation and non-observance shall not be exempted by disuse, or custom, or practice to the contrary.

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8
Q

UNCONSTITUTIONAL STATUTES

PARTIAL UNCONSTITUTIONALITY OF STATUTES

A

Article 7, Paragraph 2. When courts declare a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern.

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9
Q

VALIDITY OF RULES & REGULATIONS/ ADMINISTRATIVE & EXECUTIVE ACTS

A

Article 7, Paragraph 3. Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution.

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10
Q

JUDICIAL DECISIONS

A

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

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11
Q

DUTY OF JUDGES

A

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

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12
Q

DOUBTFUL STATUTES

A

Article 10. In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail.

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13
Q

CUSTOMS

A

Article 11. Customs which are contrary to public order or public policy shall not be countenanced.

Article 12. A custom shall be proved as a fact, according to the rules of evidence.

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14
Q

COMPUTATION OF LEGAL PERIOD

In general

A

Article 13. When the law speaks of years, months, days or nights, it shall be understood that years are of 365 days, months are of 30 days, days are of 24 hours, and nights are from sunset to sunrise.

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15
Q

COMPUTATION OF LEGAL PERIOD

If months are designated by names

A

Article 13, Paragraph 2. If months are designated by names, they shall be computed by the number of days which they respectively have.

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16
Q

COMPUTATION OF LEGAL PERIOD

Counting of days

A

Article 13, Paragraph 3. In computing a period, the first day shall be excluded, and the last day included.

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17
Q

OBLIGATORY FORCE OF PENAL LAWS

A

Article 14. Penal laws and those of public security and safety shall be obligatory to all who live and sojourn in Philippine territory, subject to the principles of international law and to treaty stipulations.

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18
Q

NATIONALITY RULE

A

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

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19
Q

LAW GOVERNING REAL PROPERTIES

In general

A

Article 16, Paragraph 1. Real property as well as personal property is subject to the law of the country where it is situated.

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20
Q

LAW GOVERNING REAL PROPERTIES

Intestate and testamentary successions

A

Article 16, Paragraph 2. However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein the said property may be found.

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21
Q

VALIDITY OF PUBLIC INSTRUMENTS

A

Article 17, Paragraph 1. The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed.

22
Q

ACTS BEFORE DIPLOMATIC AND CONSULAR OFFICES

A

Article 17, Paragraph 2. When the acts referred to are executed before the diplomatic or consular officials of the Republic of the Philippines in a foreign country, the solemnities established by Philippine laws shall be observed in their execution.

23
Q

PROHIBITIVE LAWS

A

Article 17, Paragraph 3. Prohibitive laws concerning persons, their acts or property, and those which have for their object public order, public policy, and good customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign country.

24
Q

SUPPLETORY NATURE

A

Article 18. In matters which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the provisions of this Code.

25
Q

HONESTY AND GOOD FAITH

A

Article 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.

26
Q

ACTS CONTRARY TO LAW

A

Article 20. Every person who, contrary to law, wilfully OR NEGLIGENTLY causes damage to another, shall INDEMNIFY the latter for the damage.

27
Q

ACTS AGAINST MORALS, GOOD CUSTOMS, AND PUBLIC POLICY

A

Article 21. Every person who, WILFULLY causes loss or injury to another in a manner that is contrary to morals, good customs, or public policy shall COMPENSATE the latter for the damage.

28
Q

UNJUST ENRICHMENT

in general

A

Article 22. Every person who through an act of performance by another, or any other means, acquires or comes into possession of something at the expense of the latter without just or legal ground, shall return the same to him.

29
Q

UNJUST ENRICHMENT

related to damages

A

Article 23. Even when an act or event causing damage to another’s property was not due to the fault or negligence of the defendant, the latter shall be liable for indemnity if through the act or event he was benefited.

30
Q

COURT VIGILANCE

A

Article 24. In all contractual, property or other relations, when one of the parties is at a disadvantage on account of his moral dependence, ignorance, indigence, mental weakness, tender age, or other handicap, the courts must be vigilant for his protection.

31
Q

EXTRAVAGANCE DURING EMERGENCY

A

Article 25. Thoughtless extravagance in expenses 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 government or private charitable institution.

32
Q

PROTECTION OF HUMAN DIGNITY

A

Article 26. Every person shall respect the dignity, personality, privacy, 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, prevention and other relief:

(1) Prying into the privacy of another’s residence
(2) Meddling with or disturbing the private life or family relations of another
(3) Intriguing to cause another to be alienated from his friends
(4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition.

33
Q

RELIEF AGAINST PUBLIC OFFICIALS

A

Article 27. Any person suffering material or moral loss because a public servant or employee refuses or neglects, without just cause, to perform his official duty may file an action for damages and other relief against the latter, without prejudice to any disciplinary administrative action that may be taken.

34
Q

UNFAIR COMPETITION

A

Article 28. Unfair competition in agricultural, commercial or industrial enterprises or in labor through the use of force, intimidation, deceit, machination or any other unjust, oppressive or high-handed method shall give rise to a right of action by the person who thereby suffers damage.

35
Q

CIVIL ACTION

A

Article 29. When an accused in a criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted. Such action requires only a preponderance of evidence. Upon motion of the defendant, the court may require the plaintiff to require a bond to answer for damages in case the complaint should be found to be malicious.

36
Q

CIVIL OBLIGATION ARISING FROM A CRIMINAL OFFENSE

A

Article 30. When a separate civil action is brought to demand civil liability arising from a criminal offense, and no criminal proceedings are instituted during the pendency of the civil case, a preponderance of evidence shall likewise be sufficient to prove the act complained of.

37
Q

CIVIL OBLIGATION NOT ARISING FROM FELONY

A

Article 31. When the civil action is based on an obligation not arising from the act or omission complained of as a felony, such civil action may proceed independently of the criminal proceedings and regardless of the result of the latter.

38
Q

PARTICULAR WRONG OR INJURY

Public officers

A

Article 32. Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates 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.

39
Q

JUDGES “IMMUNITY”

A

Article 32, Paragraph 4. The responsibility herein set forth is not demandable from a judge unless his act of omission constitutes a violation of the Penal Code or other penal statute.

40
Q

DEFAMATION, FRAUD, and PHYSICAL INJURIES

A

Article 33. In cases of defamation, fraud, and physical injuries, a civil action for damages , entirely separate and distinct from the criminal action, may be brought by the injured party. Such civil action shall proceed independently of the criminal prosecution, and shall require only of preponderance of evidence.

41
Q

MEMBERS OF THE POLICE FORCE

A

Article 34. When a member of a city or municipal police force refuses to render aid or protection to any person in case of danger to life or property, such peace officer shall be primarily liable for damages, and and the city or municipality shall be subsidiarily responsible therefor. The civil action herein recognized shall be independent of any criminal proceedings, and a preponderance of evidence shall suffice to support such action.

42
Q

RESERVATION OF CIVIL ACTIONS

A

Article 35. When a person, claiming to be injured by a criminal offense, charges another with the same, for which no independent civil action is granted in this Code or any special law, but the justice of the peace find no reasonable ground to believe that a crime has been committed, or the persecuting attorney refuses or fails to institute criminal proceedings, the complainant may bring a civil action for damages against the alleged offender. Such civil action shall be supported by preponderance of evidence. Upon the defendant’s motion, the court may require the plaintiff to file a bond to indemnify the defendant in case the complaint should be found to be malicious.

If during the pendency of the civil action, an information should be presented by the prosecuting attorney, the civil action shall be suspended until the termination of the criminal proceedings.

43
Q

PREJUDICIAL QUESTION

A

Article 36. Prejudicial questions, which must be decided before any criminal prosecution may be instituted or may proceed, shall be governed by the rules of court which the Supreme Court shall promulgate and which shall not be in conflict with the provisions of this Code.

44
Q

JURIDICAL CAPACITY AND CAPACITY TO ACT

A

Article 37. Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost only through death. Capacity to act, which is the power to do acts with legal effect, is acquired and may be lost.

45
Q

RESTRICTIONS IN THE CAPACITY TO ACT

A

Article 38. Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction, are mere restrictions on the capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts o from property relations, such as easements.

46
Q

CAPACITY TO ACT

religious beliefs & political opinion

A

Article 39. The following circumstances, among others, modify or limit capacity or act: age, insanity, imbecility, the state of being deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency, and trusteeship. The consequences of these circumstances are governed in this Code, other codes, the Rules of Court, and in special laws. Capacity to act is not limited on account of religious beliefs, and political opinion.

A married woman, twenty-one years of age or over, is qualified for all acts of civil life, except for cases specified by law.

47
Q

COMMENCEMENT OF CIVIL PERSONALITY

A

Article 40. Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in the following article.

48
Q

LIVE BIRTH

A

Article 41. For civil purposes, the fetus is considered born if its is alive at the time it is completely delivered from the mother’s womb. However, if the fetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb.

49
Q

DEATH

A

Article 43. Civil personality is extinguished by death.

The effect of death upon the rights and obligations of the deceased is determined by law, by contract and by will.

50
Q

PROOF OF DEATH

A

Article 43. If there is doubt, as between two or more persons who are called to succeed each other, as to which of them died first, whoever alleges the death of one prior to the other, shall prove the same; in the ansence of proof, it is presumed that they died at the same time and there shall be no transmission of rights from one to the other.

CODALS (2 decks)

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