Republic Act No.

386
June 18, 1949

The Civil Code of the Philippines

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

PRELIMINARY TITLE

CHAPTER I
EFFECT AND APPLICATION OF LAWS

Article 1. This Act shall be known as the "Civil Code of the Philippines." (n)

Art. 2. Laws shall take effect after fifteen days following the completion of their
publication in the Official Gazette, unless it is otherwise provided. This Code shall
take effect one year after such publication. (1a)

Art. 3. Ignorance of the law excuses no one from compliance therewith. (2)

Art. 4. Laws shall have no retroactive effect, unless the contrary is provided. (3)

Art. 5. Acts executed against the provisions of mandatory or prohibitory laws shall
be void, except when the law itself authorizes their validity. (4a)

Art. 6. 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)

Art. 7. Laws are repealed only by subsequent ones, and their violation or non-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 declared 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)

Art. 8. Judicial decisions applying or interpreting the laws or the Constitution

shall form a part of the legal system of the Philippines. (n)

Art. 9. No judge or court shall decline to render judgment by reason of the

silence, obscurity or insufficiency of the laws. (6)

Art. 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. (n)
Art. 11. Customs which are contrary to law, public order or public policy shall not
be countenanced. (n)

Art. 12. A custom must be proved as a fact, according to the rules of evidence. (n)

Art. 13. 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)

Art. 14. Penal laws and those of public security and safety shall be obligatory
upon all who live or sojourn in the Philippine territory, subject to the principles of
public international law and to treaty stipulations. (8a)

Art. 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. (9a)

Art. 16. Real property as well as personal property is subject to the law of the
country where it is stipulated.

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)

Art. 17. 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)
 Art. 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. (16a)

CHAPTER 2
HUMAN RELATIONS (n)

Art. 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.

Art. 20. Every 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 injury to another in a manner that
is contrary to morals, good customs or public policy shall compensate the latter
for the damage.

Art. 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.

Art. 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.

Art. 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.

Art. 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.

Art. 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.

Art. 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 he latter, without prejudice to
any disciplinary administrative action that may be taken.

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

Art. 29. 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.

Art. 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.

Art. 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.

Art. 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:

(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;

(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 mat 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.

Art. 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 a preponderance of evidence.

Art. 34. When a member of a city or municipal police force refuses or fails 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 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.

Art. 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 finds no reasonable grounds
to believe that a crime has been committed, or the prosecuting attorney refuses
or fails to institute criminal proceedings, the complaint 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.

Art. 36. 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.

BOOK I
PERSONS
Title I. - CIVIL PERSONALITY
CHAPTER 1
GENERAL PROVISIONS
Art. 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. (n)

Art. 38. 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)

Art. 39. 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)

CHAPTER 2
NATURAL PERSONS

Art. 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. (29a)

Art. 41. For civil purposes, the fetus is considered born if it 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. (30a)

Art. 42. 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)

Art. 43. 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)

CHAPTER 3
JURIDICAL PERSONS
Art. 44. 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)

Art. 45. 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)

Art. 46. 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)

Art. 47. 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)

Title II. - CITIZENSHIP AND DOMICILE

Art. 48. 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)

Art. 49. Naturalization and the loss and reacquisition of citizenship of the
Philippines are governed by special laws. (n)

Art. 50. 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)

Art. 51. 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)