Republic Act No. 386AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINESPRELIMINARY TITLECHAPTER IEFFECT AND APPLICATION OF LAWSArticle 1. This Act shall be known as the "Civil Code of the Philippines." (n)Art. 2. Lawsshalltakeeffectafterfteendaysfollowingthecompletionoftheirpublicationinthe Ofcial Gazette, unless it is otherwise provided. This Code shall take effect one year aftersuch 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.Actsexecutedagainsttheprovisionsofmandatoryorprohibitorylawsshallbevoid,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.Lawsarerepealedonlybysubsequentones,andtheirviolationornon-observanceshall not be excused by disuse, or custom or practice to the contrary.WhenthecourtsdeclaredalawtobeinconsistentwiththeConstitution,theformershallbevoid and the latter shall govern.Administrative or executive acts, orders and regulations shall be valid only when they are notcontrary to the laws or the Constitution. (5a)Art. 8. Judicial decisions applying or interpreting the laws or the Constitution shall form a partof the legal system of the Philippines. (n)Art. 9. No judge or court shall decline to render judgment by reason of the silence, obscurity orinsufciency of the laws. (6)Art.10.Incaseofdoubtintheinterpretationorapplicationoflaws,itispresumedthatthelawmaking body intended right and justice to prevail. (n)Art.11.Customswhicharecontrarytolaw,publicorderorpublicpolicyshallnotbecountenanced. (n)Art. 12. A custom must be proved as a fact, according to the rules of evidence. (n)Art.13.Whenthelawsspeakofyears,months,daysornights,itshallbeunderstoodthatyearsareofthreehundredsixty-vedayseach;months,ofthirtydays;days,oftwenty-fourhours; and nights from sunset to sunrise.If months are designated by their name, they shall be computed by the number of days whichthey respectively have.In computing a period, the rst 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 liveor sojourn in the Philippine territory, subject to the principles of public international law and totreaty stipulations. (8a)Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacityof 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 itis situated.However, intestate and testamentary successions, both with respect to the order of successionandtotheamountofsuccessionalrightsandtotheintrinsicvalidityoftestamentaryprovisions,shallberegulatedbythenationallawofthepersonwhosesuccessionisunderconsideration,whatevermaybethenatureofthepropertyandregardlessofthecountrywherein said property may be found. (10a)Art.17.Theformsandsolemnitiesofcontracts,wills,andotherpublicinstrumentsshallbegoverned by the laws of the country in which they are executed.WhentheactsreferredtoareexecutedbeforethediplomaticorconsularofcialsoftheRepublic of the Philippines in a foreign country, the solemnities established by Philippine lawsshall be observed in their execution.Prohibitivelawsconcerningpersons,theiractsorproperty,andthosewhichhave,fortheirobject, public order, public policy and good customs shall not be rendered ineffective by lawsorjudgmentspromulgated,orbydeterminationsorconventionsagreeduponinaforeigncountry. (11a)Art.18.InmatterswhicharegovernedbytheCodeofCommerceandspeciallaws,theirdeciency shall be supplied by the provisions of this Code. (16a)CHAPTER 2Page 2HUMAN 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.Everypersonwho,contrarytolaw,wilfullyornegligentlycausesdamagetoanother,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 tomorals, good customs or public policy shall compensate the latter for the damage.Art.22.Everypersonwhothroughanactofperformancebyanother,oranyothermeans,acquiresorcomesintopossessionofsomethingattheexpenseofthelatterwithoutjustorlegal 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 thefault or negligence of the defendant, the latter shall be liable for indemnity if through the act orevent he was beneted.Art.24.Inallcontractual,propertyorotherrelations,whenoneofthepartiesisatadisadvantageonaccountofhismoraldependence,ignorance,indigence,mentalweakness,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 acutepublicwantoremergencymaybestoppedbyorderofthecourtsattheinstanceofanygovernment or private charitable institution.Art.26.Everypersonshallrespectthedignity,personality,privacyandpeaceofmindofhisneighbors and other persons. The following and similar acts, though they may not constitute acriminal 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, placeof birth, physical defect, or other personal condition.Art.27.Anypersonsufferingmaterialormorallossbecauseapublicservantoremployeerefusesorneglects,withoutjustcause,toperformhisofcialdutymayleanactionfordamages and other relief against he latter, without prejudice to any disciplinary administrativeaction that may be taken.Page 3Art.28.Unfaircompetitioninagricultural,commercialorindustrialenterprisesorinlaborthroughtheuseofforce,intimidation,deceit,machinationoranyotherunjust,oppressiveorhighhandedmethodshallgiverisetoarightofactionbythepersonwhotherebysuffersdamage.Art.29.Whentheaccusedinacriminalprosecutionisacquittedonthegroundthathisguilthas not been proved beyond reasonable doubt, a civil action for damages for the same act oromissionmaybeinstituted.Suchactionrequiresonlyapreponderanceofevidence.Uponmotionofthedefendant,thecourtmayrequiretheplaintifftoleabondtoanswerfordamages 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 shallso declare. In the absence of any declaration to that effect, it may be inferred from the text ofthe 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 criminaloffense,andnocriminalproceedingsareinstitutedduringthependencyofthecivilcase,apreponderance of evidence shall likewise be sufcient to prove the act complained of.Art.31.Whenthecivilactionisbasedonanobligationnotarisingfromtheactoromissioncomplainedofasafelony,suchcivilactionmayproceedindependentlyofthecriminalproceedings and regardless of the result of the latter.Art.32.Anypublicofceroremployee,oranyprivateindividual,whodirectlyorindirectlyobstructs,defeats,violatesorinanymannerimpedesorimpairsanyofthefollowingrightsand 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) Therighttobesecureinone'sperson,house,papers,andeffectsagainstunreasonablesearches and seizures;Page 4(10) The liberty of abode and of changing the same;(11) The privacy of communication and correspondence;(12) Therighttobecomeamemberofassociationsorsocietiesforpurposesnotcontrarytolaw;(13) The right to take part in a peaceable assembly to petition the government for redress ofgrievances;(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 natureandcauseoftheaccusationagainsthim,tohaveaspeedyandpublictrial,tomeetthewitnesses face to face, and to have compulsory process to secure the attendance of witnessin his behalf;(17) Freedom from being compelled to be a witness against one's self, or from being forced toconfessguilt,orfrombeinginducedbyapromiseofimmunityorrewardtomakesuchconfession, except when the person confessing becomes a State witness;(18)Freedomfromexcessivenes,orcruelandunusualpunishment,unlessthesameisimposedorinictedinaccordancewithastatutewhichhasnotbeenjudiciallydeclaredunconstitutional; and(19) Freedom of access to the courts.Inanyofthecasesreferredtointhisarticle,whetherornotthedefendant'sactoromissionconstitutesacriminaloffense,theaggrievedpartyhasarighttocommenceanentirelyseparateanddistinctcivilactionfordamages,andforotherrelief.Suchcivilactionshallproceedindependentlyofanycriminalprosecution(ifthelatterbeinstituted),andmatbeproved 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 omissionconstitutes 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, entirelyseparate and distinct from the criminal action, may be brought by the injured party. Such civilactionshallproceedindependentlyofthecriminalprosecution,andshallrequireonlyapreponderance of evidence.Art.34.Whenamemberofacityormunicipalpoliceforcerefusesorfailstorenderaidorprotectiontoanypersonincaseofdangertolifeorproperty,suchpeaceofcershallbePage 5primarilyliablefordamages,andthecityormunicipalityshallbesubsidiarilyresponsibletherefor. The civil action herein recognized shall be independent of any criminal proceedings,and a preponderance of evidence shall sufce to support such action.Art. 35. When a person, claiming to be injured by a criminal offense, charges another with thesame, for which no independent civil action is granted in this Code or any special law, but thejustice of the peace nds no reasonable grounds to believe that a crime has been committed,or the prosecuting attorney refuses or fails to institute criminal proceedings, the complaint maybringacivilactionfordamagesagainsttheallegedoffender.Suchcivilactionmaybesupportedbyapreponderanceofevidence.Uponthedefendant'smotion,thecourtmayrequire the plaintiff to le a bond to indemnify the defendant in case the complaint should befound to be malicious.Ifduringthependencyofthecivilaction,aninformationshouldbepresentedbytheprosecutingattorney,thecivilactionshallbesuspendeduntiltheterminationofthecriminalproceedings.Art. 36. Pre-judicial questions which must be decided before any criminal prosecution may beinstituted or may proceed, shall be governed by rules of court which the Supreme Court shallpromulgate and which shall not be in conict with the provisions of this Code.BOOK IPERSONSTitle I. - CIVIL PERSONALITYCHAPTER 1GENERAL PROVISIONSArt. 37. Juridical capacity, which is the tness to be the subject of legal relations, is inherent inevery natural person and is lost only through death. Capacity to act, which is the power to doacts with legal effect, is acquired and may be lost. (n)Art.38.Minority,insanityorimbecility,thestateofbeingadeaf-mute,prodigalityandcivilinterdictionaremererestrictionsoncapacitytoact,anddonotexempttheincapacitatedpersonfromcertainobligations,aswhenthelatterarisefromhisactsorfrompropertyrelations, such as easements. (32a)Art.39.Thefollowingcircumstances,amongothers,modifyorlimitcapacitytoact:age,insanity,imbecility,thestateofbeingadeaf-mute,penalty,prodigality,familyrelations,alienage, absence, insolvency and trusteeship. The consequences of these circumstances aregoverned in this Code, other codes, the Rules of Court, and in special laws. Capacity to act isnot limited on account of religious belief or political opinion.Page 6A married woman, twenty-one years of age or over, is qualied for all acts of civil life, except incases specied by law. (n)CHAPTER 2NATURAL PERSONSArt.40.Birthdeterminespersonality;buttheconceivedchildshallbeconsideredbornforallpurposes that are favorable to it, provided it be born later with the conditions specied in thefollowing article. (29a)Art. 41. For civil purposes, the fetus is considered born if it is alive at the time it is completelydeliveredfromthemother'swomb.However,ifthefetushadanintra-uterinelifeoflessthansevenmonths,itisnotdeemedbornifitdieswithintwenty-fourhoursafteritscompletedelivery 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, bycontract and by will. (32a)Art. 43. If there is a doubt, as between two or more persons who are called to succeed eachother, as to which of them died rst, whoever alleges the death of one prior to the other, shallprovethesame;intheabsenceofproof,itispresumedthattheydiedatthesametimeandthere shall be no transmission of rights from one to the other. (33)CHAPTER 3JURIDICAL PERSONSArt. 44. The following are juridical persons:(1) The State and its political subdivisions;(2)Othercorporations,institutionsandentitiesforpublicinterestorpurpose,createdbylaw;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 lawgrantsajuridicalpersonality,separateanddistinctfromthatofeachshareholder,partnerormember. (35a)Art. 45. Juridical persons mentioned in Nos. 1 and 2 of the preceding article are governed bythe laws creating or recognizing them.Private corporations are regulated by laws of general application on the subject.Page 7Partnerships and associations for private interest or purpose are governed by the provisions ofthis Code concerning partnerships. (36 and 37a)Art.46.Juridicalpersonsmayacquireandpossesspropertyofallkinds,aswellasincurobligationsandbringcivilorcriminalactions,inconformitywiththelawsandregulationsoftheir organization. (38a)Art. 47. Upon the dissolution of corporations, institutions and other entities for public interest orpurpose mentioned in No. 2 of Article 44, their property and other assets shall be disposed ofinpursuanceoflaworthechartercreatingthem.Ifnothinghasbeenspeciedonthispoint,the property and other assets shall be applied to similar purposes for the benet of the region,province, city or municipality which during the existence of the institution derived the principalbenets from the same. (39a)Title II. - CITIZENSHIP AND DOMICILEArt. 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 ofthe Philippines;(2)ThoseborninthePhilippinesofforeignparentswho,beforetheadoptionofsaidConstitution, had been elected to public ofce in the Philippines;(3) Those whose fathers are citizens of the Philippines;(4)ThosewhosemothersarecitizensofthePhilippinesand,uponreachingtheageofmajority, elect Philippine citizenship;(5) Those who are naturalized in accordance with law. (n)Art.49.NaturalizationandthelossandreacquisitionofcitizenshipofthePhilippinesaregoverned by special laws. (n)Art.50.Fortheexerciseofcivilrightsandthefulllmentofcivilobligations,thedomicileofnatural persons is the place of their habitual residence. (40a)Art.51.Whenthelawcreatingorrecognizingthem,oranyotherprovisiondoesnotxthedomicileofjuridicalpersons,thesameshallbeunderstoodtobetheplacewheretheirlegalrepresentation is established or where they exercise their principal functions. (41a)Title III. - MARRIAGECHAPTER 1Page 8