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New Civil Code Flashcards

1
Q

REPUBLIC ACT NO. 386

A

AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES

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2
Q

PRELIMINARY TITLE

CHAPTER 1

A

Effect and Application of Laws

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3
Q

Preliminary Title: Effect and Application of Laws

ARTICLE 1 of the New Civil Code

Book I - Persons

A

This Act shall be known as the “Civil Code of the Philippines.” (n)

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4
Q

Preliminary Title: Effect and Application of Laws

ARTICLE 2 of the New Civil Code

Book I - Persons

A

Laws shall take effect after fifteen 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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5
Q

Preliminary Title: Effect and Application of Laws

ARTICLE 3 of the New Civil Code

Book I - Persons

A

Ignorance of the law excuses no one from compliance therewith. (2)

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6
Q

Preliminary Title: Effect and Application of Laws

ARTICLE 4 of the New Civil Code

Book I - Persons

A

Laws shall have no retroactive effect, unless the contrary is provided. (3)

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7
Q

ARTICLE 5 of the New Civil Code

Book I - Persons

A

Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity. (4a)

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8
Q

Preliminary Title: Effect and Application of Laws

ARTICLE 6 of the New Civil Code

Book I - Persons

A

Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs, or prejudicial to a third person with a right recognized by law. (4a)

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9
Q

Preliminary Title: Effect and Application of Laws

ARTICLE 7 of the New Civil Code

Book I - Persons

A

“Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary.

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

Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution. (5a)”

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10
Q

Preliminary Title: Effect and Application of Laws

ARTICLE 8 of the New Civil Code

Book I - Persons

A

Judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal system of the Philippines. (n)

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11
Q

Preliminary Title: Effect and Application of Laws

ARTICLE 9 of the New Civil Code

Book I - Persons

A

No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws. (6)

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12
Q

Preliminary Title: Effect and Application of Laws

ARTICLE 10 of the New Civil Code

Book I - Persons

A

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

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13
Q

Preliminary Title: Effect and Application of Laws

ARTICLE 11 of the New Civil Code

Book I - Persons

A

Customs which are contrary to law, public order or public policy shall not be countenanced. (n)

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14
Q

Preliminary Title: Effect and Application of Laws

ARTICLE 12 of the New Civil Code

Book I - Persons

A

A custom must be proved as a fact, according to the rules of evidence. (n)

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15
Q

Preliminary Title: Effect and Application of Laws

ARTICLE 13 of the New Civil Code

Book I - Persons

A

“When the laws speak of years, months, days or nights, it shall be understood that years are of three hundred sixty-five days each; months, of thirty days; days, of twenty-four hours; and nights from sunset to sunrise.

If months are designated by their name, they shall be computed by the number of days which they respectively have.

In computing a period, the first day shall be excluded, and the last day included. (7a)”

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16
Q

Preliminary Title: Effect and Application of Laws

ARTICLE 14 of the New Civil Code

Book I - Persons

A

Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in Philippine territory, subject to the principles of public international law and to treaty stipulations. (8a)

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17
Q

Preliminary Title: Effect and Application of Laws

ARTICLE 15 of the New Civil Code

Book I - Persons

A

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. (9a)

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18
Q

Preliminary Title: Effect and Application of Laws

ARTICLE 16 of the New Civil Code

Book I - Persons

A

“Real property as well as personal property is subject to the law of the country where it is situated.

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 said property may be found. (10a)”

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19
Q

Preliminary Title: Effect and Application of Laws

ARTICLE 17 of the New Civil Code

Book I - Persons

A

“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.

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.

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. (11a)”

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20
Q

Preliminary Title: Effect and Application of Laws

ARTICLE 18 of the New Civil Code

Book I - Persons

A

In matters which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the provisions of this Code. (16a)

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21
Q

Preliminary Title: Human Relations

ARTICLE 19 of the New Civil Code

Book I - Persons

A

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.

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22
Q

Preliminary Title: Human Relations

ARTICLE 20 of the New Civil Code

Book I - Persons

A

Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same.

23
Q

Preliminary Title: Human Relations

ARTICLE 21 of the New Civil Code

Book I - Persons

A

Any 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.

24
Q

Preliminary Title: Human Relations

ARTICLE 22 of the New Civil Code

Book I - Persons

A

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.

25
Q

Preliminary Title: Human Relations

ARTICLE 23 of the New Civil Code

Book I - Persons

A

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.

26
Q

Preliminary Title: Human Relations

ARTICLE 24 of the New Civil Code

Book I - Persons

A

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.

27
Q

Preliminary Title: Human Relations

ARTICLE 25 of the New Civil Code

Book I - Persons

A

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.

28
Q

Preliminary Title: Human Relations

ARTICLE 26 of the New Civil Code

Book I - Persons

A

“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; dumrrI

(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.”

29
Q

Preliminary Title: Human Relations

ARTICLE 27 of the New Civil Code

Book I - Persons

A

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.

30
Q

Preliminary Title: Human Relations

ARTICLE 28 of the New Civil Code

Book I - Persons

A

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 highhanded method shall give rise to a right of action by the person who thereby suffers damage.

31
Q

Preliminary Title: Human Relations

ARTICLE 29 of the New Civil Code

Book I - Persons

A

“When the 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 file a bond to answer for damages in case the complaint should be found to be malicious.

If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court shall so declare. In the absence of any declaration to that effect, it may be inferred from the text of the decision whether or not the acquittal is due to that ground.”

32
Q

Preliminary Title: Human Relations

ARTICLE 30 of the New Civil Code

Book I - Persons

A

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.

33
Q

Preliminary Title: Human Relations

ARTICLE 31 of the New Civil Code

Book I - Persons

A

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.

34
Q

Preliminary Title: Human Relations

ARTICLE 32 of the New Civil Code

Book I - Persons

A

“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:

(1) Freedom of religion;

(2) Freedom of speech;

(3) Freedom to write for the press or to maintain a periodical publication;

(4) Freedom from arbitrary or illegal detention;

(5) Freedom of suffrage;

(6) The right against deprivation of property without due process of law;

(7) The right to a just compensation when private property is taken for public use;

(8) The right to the equal protection of the laws;

(9) The right to be secure in one’s person, house, papers, and effects against unreasonable searches and seizures;

(10) The liberty of abode and of changing the same;

(11) The privacy of communication and correspondence; cd

(12) The right to become a member of associations or societies for purposes not contrary to law;

(13) The right to take part in a peaceable assembly to petition the Government for redress of grievances;

(14) The right to be free from involuntary servitude in any form;

(15) The right of the accused against excessive bail;

(16) 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 have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witness in his behalf;

(17) Freedom 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, except when the person confessing becomes a State witness;

(18) Freedom from excessive fines, or cruel and unusual punishment, unless the same is imposed or inflicted in accordance with a statute which has not been judicially declared unconstitutional; and

(19) Freedom of access to the courts.

In any of the cases referred to in this article, whether or not the defendant’s act or omission constitutes a criminal offense, the aggrieved party has a right to commence an entirely separate and distinct civil action for damages, and for other relief. Such civil action shall proceed independently of any criminal prosecution (if the latter be instituted), and may be proved by a preponderance of evidence.

The indemnity shall include moral damages. Exemplary damages may also be adjudicated.

The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes a violation of the Penal Code or other penal statute. Pnamei”

35
Q

Preliminary Title: Human Relations

ARTICLE 33 of the New Civil Code

Book I - Persons

A

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 a preponderance of evidence.

36
Q

Preliminary Title: Human Relations

ARTICLE 34 of the New Civil Code

Book I - Persons

A

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 a preponderance of evidence.

37
Q

Preliminary Title: Human Relations

ARTICLE 35 of the New Civil Code

Book I - Persons

A

“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 finds no reasonable grounds to believe that a crime has been committed, or the prosecuting attorney refuses or fails to institute criminal proceedings, the complainant may bring a civil action for damages against the alleged offender. Such civil action may be supported by a 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.”

38
Q

Title I: Civil Personality - General Provision

ARTICLE 36 of the New Civil Code

Book I - Persons

A

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

39
Q

Title I: Civil Personality - General Provision

ARTICLE 37 of the New Civil Code

Book I - Persons

A

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. (n)

40
Q

Title I: Civil Personality - General Provision

ARTICLE 38 of the New Civil Code

Book I - Persons

A

Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts or from property relations, such as easements. (32a)

41
Q

Title I: Civil Personality - General Provision

ARTICLE 39 of the New Civil Code

Book I - Persons

A

“The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the state of being a 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 belief or political opinion.

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

42
Q

Title I: Civil Personality - Natural Persons

ARTICLE 40 of the New Civil Code

Book I - Persons

A

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. (29a)

43
Q

Title I: Civil Personality - Natural Persons

ARTICLE 41 of the New Civil Code

Book I - Persons

A

For civil purposes, the foetus is considered born if it is alive at the time it is completely delivered from the mother’s womb. However, if the foetus 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. (30a)

44
Q

Title I: Civil Personality - Natural Persons

ARTICLE 42 of the New Civil Code

Book I - Persons

A

“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. (32a)”

45
Q

Title I: Civil Personality - Natural Persons

ARTICLE 43 of the New Civil Code

Book I - Persons

A

If there is a 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 absence 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. (33)

46
Q

Title I: Civil Personality - Juridical Persons

ARTICLE 44 of the New Civil Code

Book I - Persons

A

“The following are juridical persons:

(1) The State and its political subdivisions;

(2) Other corporations, institutions and entities for public interest or purpose, created by law; their personality begins as soon as they have been constituted according to law;

(3) Corporations, partnerships and associations for private interest or purpose to which the law grants a juridical personality, separate and distinct from that of each shareholder, partner or member. (35a)”

47
Q

Title I: Civil Personality - Juridical Persons

ARTICLE 45 of the New Civil Code

Book I - Persons

A

“Juridical persons mentioned in Nos. 1 and 2 of the preceding article are governed by the laws creating or recognizing them.

Private corporations are regulated by laws of general application on the subject.

Partnerships and associations for private interest or purpose are governed by the provisions of this Code concerning partnerships. (36 and 37a)”

48
Q

Title I: Civil Personality - Juridical Persons

ARTICLE 46 of the New Civil Code

Book I - Persons

A

Juridical persons may acquire and possess property of all kinds, as well as incur obligations and bring civil or criminal actions, in conformity with the laws and regulations of their organization. (38a)

49
Q

Title I: Civil Personality - Juridical Persons

ARTICLE 47 of the New Civil Code

Book I - Persons

A

Upon the dissolution of corporations, institutions and other entities for public interest or purpose mentioned in No. 2 of article 44, their property and other assets shall be disposed of in pursuance of law or the charter creating them. If nothing has been specified on this point, the property and other assets shall be applied to similar purposes for the benefit of the region, province, city or municipality which during the existence of the institution derived the principal benefits from the same. (39a)

50
Q

Title II: Citizenship and Domicile

ARTICLE 48 of the New Civil Code

Book I - Persons

A

“The following are citizens of the Philippines:

(1) Those who were citizens of the Philippines at the time of the adoption of the Constitution of the Philippines;

(2) Those born in the Philippines of foreign parents who, before the adoption of said Constitution, had been elected to public office in the Philippines;

(3) Those whose fathers are citizens of the Philippines;

(4) Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship;

(5) Those who are naturalized in accordance with law. (n)”

51
Q

Title II: Citizenship and Domicile

ARTICLE 49 of the New Civil Code

Book I - Persons

A

Naturalization and the loss and reacquisition of citizenship of the Philippines are governed by special laws. (n)

52
Q

Title II: Citizenship and Domicile

ARTICLE 50 of the New Civil Code

Book I - Persons

A

For the exercise of civil rights and the fulfillment of civil obligations, the domicile of natural persons is the place of their habitual residence. (40a)

53
Q

Title II: Citizenship and Domicile

ARTICLE 51 of the New Civil Code

Book I - Persons

A

When the law creating or recognizing them, or any other provision does not fix the domicile of juridical persons, the same shall be understood to be the place where their legal representation is established or where they exercise their principal functions. (41a)

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