Republic of the Philippines

SAMAR STATE UNIVERSITY

COLLEGE OF GRADUATE STUDIES
Catbalogan City, Samar
Telephone Nos. (055)-543-8394 / (055) 251-2139
Website: www.ssu.edu.ph

COURSE : Master in Public Management (MPM)

SUBJECT :
PROFESSOR : PROF. ARTHUR A. POBLETE
TERM : 2nd Semester SY 2017-2018
REPORTER : CHARMINE JOY A. FERWELO
TOPIC : CIVIL CODE OF THE PHILIPPINES

INTRODUCTION
A. Law may be understood in two concepts:
General or Abstract Sense
i. Law defined as “The science of moral rules, founded on the rational nature of man, which governs
his free activity, for the realization of the individual and social ends, of a nature both demandable
and reciprocal.”
Specific or Material Sense
ii. Law defined as a “Juridical proposition or an aggregate of juridical propositions, promulgated and
published by the competent organs of the State in accordance with the Constitution.”

B. Foundations of Law
 Law is a product of social life and a creation of human nature
 Law rests upon the concepts of order, co-existence, and liberty

C. Definition of Civil Law

 Civil Law – branch of law which has for its double purposes that organization of the family and
regulation of property.
 “Mass of precepts which determine and regulate the relations of assistance, authority, and
obedience among the members of a family, and those which exist among members of a
society for the protection of private interests.”

D. General Divisions of Law

In it most comprehensive sense, Law may be divided into two General Groups:
A. Divine Law – God himself is the legislator who has promulgated the law
B. Human Law – promulgated by man to regulate human relations
Human Law is divided into two Main Classes which can be further divided:
A. General or Public Law
i. International Law – governs relations bet. nations or states
ii. Constitutional Law – governs relations bet. human beings as citizens of a state and the governing
power
iii. Administrative Law – governs relations bet. officials and employees of the govt.
iv. Criminal Law – guaranties the coercive power of the law
v. Religious Law – regulates the practice of religion
B. Individual or Private Law
vi. Civil Law – regulates the relations of individuals with other individuals
vii. Mercantile Law – regulates the special relations produced by commercial transactions
viii. Procedural Law – provides for the means by which rights may be enforced

REPUBLIC ACT NO. 386: The Civil Code of the Philippines

 An act to ordain and institute the Civil Code of the Philippines.
 It is the product of codification of private law in the Philippines.
  Public law- deals with issues that affect the general public or state, the society as a whole.
 Private law- affects the rights and obligations of individuals, families, businesses and small groups
and exists to assist citizens in disputes that involve private matter. Its scope is more specific than
public law.
Civil Code of the Philippines is the basic law governing persons and family relations, property and property
rights, ownership of modifications, the modes of acquiring ownership, and the obligations and contracts.

THE CIVIL CODE OF THE PHILIPPINES

HISTORY:
 Influenced by the Spanish ‘Codigo Civil’, which was first enforced in 1889 in the Philippines.
 Remain effective until American occupation.
 In 1940, Pres. Quezon formed a commission to draft a new Civil Code, but the records were
destroyed during the Japanese invasion.
 In 1947, Pres. Roxas created a new Code Commission.
 The final draft was completed by December 1947.
 It was submitted in the Congress which enacted it into law through Republic Act 386.
 Enacted and signed in June 18, 1949
 The code took effect in 1950

THE CIVIL CODE OF THE PHILIPPINES

FEATURES:
 Preliminary Title (Articles 1 – 36) States the title itself, effects and application of laws.
 BOOK I: Persons and Family Relations (Articles 37 – 413) Persons, marriage and legal
separations, family relations
 BOOK II: Property and Property Rights (Articles 414 – 711)  Classes of property,
possession
 BOOK III: Ownership (Articles 712 – 1155)  Servitude, modes of acquiring ownership,
succession
 BOOK IV: Obligations and Contracts (Art. 1156 – 2270) Contracts, Sales, Partnerships,
Obligations

PRELIMINARY TITLE
CHAPTER 2: HUMAN RELATIONS
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.
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:
THE 19 RIGHTS
(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 a 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.

BOOK I
TITLE III MARRIAGE
CHAPTER 1. REQUISITES OF MARRIAGE
Article 52. Marriage is not a mere contract but an inviolable social institution. Its nature, consequences and incidents
are governed by law and not subject to stipulation, except that the marriage settlements may to a certain
extent fix the property relations during the marriage. (n)
Article 53. No marriage shall be solemnized unless all these requisites are complied with:
(1) Legal capacity of the contracting parties;
(2) Their consent, freely given;
(3) Authority of the person performing the marriage; and
(4) A marriage license, except in a marriage of exceptional character (Sec. 1a, art. 3613).
Article 54. Any male of the age of sixteen years or upwards, and any female of the age of fourteen years or upwards,
not under any of the impediments mentioned in articles 80 to 84, may contract marriage.

TITLE IV LEGAL SEPARATION

Article 97. A petition for legal separation may be filed:
(1) For adultery on the part of the wife and for concubinage on the part of the husband as defined in the
Penal Code; or
(2) An attempt by one spouse against the life of the other. (n)

TITLE VII THE FAMILY

CHAPTER 1. THE FAMILY AS AN INSTITUTION
Article 216. The family is a basic social institution which public policy cherishes and protects.
Article 217. Family relations shall include those:
(1) Between husband and wife;
(2) Between parent and child;
(3) Among other ascendants and their descendants; (4) Among brothers and sisters.
 Article 218. The law governs family relations. No custom, practice or agreement which is destructive of the family
shall be recognized or given any effect.

TITLE IX SUPPORT
Article 290. Support is everything that is indispensable for sustenance, dwelling, clothing and medical attendance,
according to the social position of the family. Support also includes the education of the person entitled to be
supported until he completes his education or training for some profession, trade or vocation, even beyond
the age of majority. (142a)
Article 291. The following are obliged to support each other to the whole extent set forth in the preceding article:
(1) The spouses;
(2) Legitimate ascendants and descendants;
(3) Parents and acknowledged natural children and the legitimate or illegitimate descendants of the latter;
(4) Parents and natural children by legal fiction and the legitimate and illegitimate descendants of the latter;
(5) Parents and illegitimate children who are not natural.
Brothers and sisters owe their legitimate and natural brothers and sisters, although they are only of the half-
blood, the necessaries for life, when by a physical or mental defect, or any other cause not imputable to the
recipients, the latter cannot secure their subsistence. This assistance includes, in a proper case, expenses
necessary for elementary education and for professional or vocational training. (143a)

TITLE XII CARE AND EDUCATION OF CHILDREN

Article 356. Every child:
(1) Is entitled to parental care;
(2) Shall receive at least elementary education;
(3) Shall be given moral and civic training by the parents or guardian;
(4) Has a right to live in an atmosphere conducive to his physical, moral and intellectual development.
Article 357. Every child shall:
(1) Obey and honor his parents or guardian;
(2) Respect his grandparents, old relatives, and persons holding substitute parental authority;
(3) Exert his utmost for his education and training;
(4) Cooperate with the family in all matters that make for the good of the same.

BOOK II
PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
TITLE I CLASSIFICATION OF PROPERTY PRELIMINARY PROVISIONS
Article 414. All things which are or may be the object of appropriation are considered either:
(1) Immovable or real property; or
(2) Movable or personal property. (333)

CHAPTER I IMMOVABLE PROPERTY

Article 415. The following are immovable property:
(1) Land, buildings, roads and constructions of all kinds adhered to the soil;
(2) Trees, plants, and growing fruits, while they are attached to the land or form an integral part of an
immovable;
(3) Everything attached to an immovable in a fixed manner, in such a way that it cannot be separated
therefrom without breaking the material or deterioration of the object;
(4) Statues, reliefs, paintings or other objects for use or ornamentation, placed in buildings or on lands by
the owner of the immovable in such a manner that it reveals the intention to attach them permanently to the
tenements;
(5) Machinery, receptacles, instruments or implements intended by the owner of the tenement for an
industry or works which may be carried on in a building or on a piece of land, and which tend directly to
meet the needs of the said industry or works;
(6) Animal houses, pigeon-houses, beehives, fish ponds or breeding places of similar nature, in case their
owner has placed them or preserves them with the intention to have them permanently attached to the land,
and forming a permanent part of it; the animals in these places are included;
 (7) Fertilizer actually used on a piece of land;
(8) Mines, quarries, and slag dumps, while the matter thereof forms part of the bed, and waters either
running or stagnant;
(9) Docks and structures which, though floating, are intended by their nature and object to remain at a fixed
place on a river, lake, or coast;
(10) Contracts for public works, and servitudes and other real rights over immovable property. (334a)

CHAPTER 2 MOVABLE PROPERTY

Article 416. The following things are deemed to be personal property:
(1) Those movables susceptible of appropriation which are not included in the preceding article;
(2) Real property which by any special provision of law is considered as personalty;
(3) Forces of nature which are brought under control by science; and
(4) In general, all things which can be transported from place to place without impairment of the real
property to which they are fixed. (335a)
Article 417. The following are also considered as personal property:
(1) Obligations and actions which have for their object movables or demandable sums; and
(2) Shares of stock of agricultural, commercial and industrial entities, although they may have real estate.
(336a)
Article 418. Movable property is either consumable or non-consumable. To the first class belong those movables
which cannot be used in a manner appropriate to their nature without their being consumed; to the second class
belong all the others. (337).

TITLE III CO-OWNERSHIP

Article 484. There is co-ownership whenever the ownership of an undivided thing or right belongs to different
persons.
In default of contracts, or of special provisions, co-ownership shall be governed by the provisions of this
Title.
Article 485. The share of the co-owners, in the benefits as well as in the charges, shall be proportional to their
respective interests. Any stipulation in a contract to the contrary shall be void.
The portions belonging to the co-owners in the co-ownership shall be presumed equal, unless the contrary
is proved.

BOOK III
DIFFERENT MODES OF ACQUIRING OWNERSHIP
Preliminary Provision
Article 712. Ownership is acquired by occupation and by intellectual creation.
Ownership and other real rights over property are acquired and transmitted by law, by donation, by testate
and intestate succession, and in consequence of certain contracts, by tradition.
They may also be acquired by means of prescription. (609a)

TITLE IV SUCCESSION
CHAPTER 1 General Provisions
Article 774. Succession is a mode of acquisition by virtue of which the property, rights and obligations to the extent of
the value of the inheritance, of a person are transmitted through his death to another or others either by his
will or by operation of law. (n)
Article 775. In this Title, "decedent" is the general term applied to the person whose property is transmitted through
succession, whether or not he left a will. If he left a will, he is also called the testator. (n)
Article 776. The inheritance includes all the property, rights and obligations of a person which are not extinguished by
his death.
Article 777. The rights to the succession are transmitted from the moment of the death of the decedent. (657a)
Article 778. Succession may be:
(1) Testamentary;
(2) Legal or intestate; or
(3) Mixed. (n)
Article 779. Testamentary succession is that which results from the designation of an heir, made in a will executed in
the form prescribed by law. (n) Article 780. Mixed succession is that effected partly by will and partly by
operation of law. (n)
Article 781. The inheritance of a person includes not only the property and the transmissible rights and obligations
existing at the time of his death, but also those which have accrued thereto since the opening of the
succession. (n)
Article 782. An heir is a person called to the succession either by the provision of a will or by operation of law.
Devisees and legatees are persons to whom gifts of real and personal property are respectively given by
virtue of a will. (n)

BOOK IV
OBLIGATIONS AND CONTRACTS
GENERAL PROVISIONS
Article 1156. An obligation is a juridical necessity to give, to do or not to do. (n) Article 1157. Obligations arise from:
(1) Law; (4) Acts or omissions punished by law; and
(2) Contracts; (5) Quasi-delicts. (1089a)
(3) Quasi-contracts;
Article 1158. Obligations derived from law are not presumed. Only those expressly determined in this Code or in
special laws are demandable, and shall be regulated by the precepts of the law which establishes them; and
as to what has not been foreseen, by the provisions of this Book. (1090)

TITLE II CONTRACTS
Article 1305. A contract is a meeting of minds between two persons whereby one binds himself, with respect to the
other, to give something or to render some service. (1254a)
Article 1306. The contracting parties may establish such stipulations, clauses, terms and conditions as they may
deem convenient, provided they are not contrary to law, morals, good customs, public order, or public
policy. (1255a)

TITLE VIII LEASE

CHAPTER 1
GENERAL PROVISIONS

ARTICLE 1642. The contract of lease may be of things, or of work and service. (1542)
ARTICLE 1643. In the lease of things, one of the parties binds himself to give to another the enjoyment or use of a
thing for a price certain, and for a period which may be definite or indefinite. However, no lease for more
than ninety-nine years shall be valid. (1543a)
ARTICLE 1644. In the lease of work or service, one of the parties binds himself to execute a piece of work or to
render to the other some service for a price certain, but the relation of principal and agent does not exist
between them. (1544a)
ARTICLE 1645. Consumable goods cannot be the subject matter of a contract of lease, except when they are merely
to be exhibited or when they are accessory to an industrial establishment.

TITLE IX PARTNERSHIP
CHAPTER 1
GENERAL PROVISIONS
Article 1767. By the contract of partnership two or more persons bind themselves to contribute money, property, or
industry to a common fund, with the intention of dividing the profits among themselves.
Two or more persons may also form a partnership for the exercise of a profession. (1665a)

Article 1768. The partnership has a juridical personality separate and distinct from that of each of the partners, even
in case of failure to comply with the requirements of article 1772, first paragraph. (n) Article 1769. In
determining whether a partnership exists, these rules shall apply:
(1) Except as provided by article 1825, persons who are not partners as to each other are not partners as to
third persons;
 (2) Co-ownership or co-possession does not of itself establish a partnership, whether such-co-owners or co-
possessors do or do not share any profits made by the use of the property;
(3) The sharing of gross returns does not of itself establish a partnership, whether or not the persons
sharing them have a joint or common right or interest in any property from which the returns are derived;
(4) The receipt by a person of a share of the profits of a business is prima facie evidence that he is a partner
in the business, but no such inference shall be drawn if such profits were received in payment:
(a) As a debt by installments or otherwise;
(b) As wages of an employee or rent to a landlord;
(c) As an annuity to a widow or representative of a deceased partner;
(d) As interest on a loan, though the amount of payment vary with the profits of the business;
(e) As the consideration for the sale of a goodwill of a business or other property by installments or
otherwise. (n)
Article 1770. A partnership must have a lawful object or purpose, and must be established for the common benefit or
interest of the partners.
When an unlawful partnership is dissolved by a judicial decree, the profits shall be confiscated in favor of the
State, without prejudice to the provisions of the Penal Code governing the confiscation of the instruments
and effects of a crime. (1666a)

TITLE XVIII DAMAGES

CHAPTER 1
GENERAL PROVISIONS
Article 2195. The provisions of this Title shall be respectively applicable to all obligations mentioned in article 1157.
Article 2196. The rules under this Title are without prejudice to special provisions on damages formulated elsewhere
in this Code. Compensation for workmen and other employees in case of death, injury or illness is regulated
by special laws. Rules governing damages laid down in other laws shall be observed insofar as they are not
in conflict with this Code.
Article 2197. Damages may be:
(1) Actual or compensatory;
(2) Moral;
(3) Nominal;
(4) Temperate or moderate;
(5) Liquidated; or
(6) Exemplary or corrective. Article 2198. The principles of the general law on damages are hereby adopted
insofar as they are not inconsistent with this Code.

TITLE XII CONCURRENCE AND PREFERENCE OF CREDITS

Article 2238. So long as the conjugal partnership or absolute community subsists, its property shall not be among the
assets to be taken possession of by the assignee for the payment of the insolvent debtor's obligations,
except insofar as the latter have redounded to the benefit of the family. If it is the husband who is insolvent,
the administration of the conjugal partnership or absolute community may, by order of the court, be
transferred to the wife or to a third person other than the assignee. (n)
Article 2239. If there is property, other than that mentioned in the preceding article, owned by two or more persons,
one of whom is the insolvent debtor, his undivided share or interest therein shall be among the assets to be
taken possession of by the assignee for the payment of the insolvent debtor's obligations. (n)

REFERENCES:

Tolentino, A. (2012). Civil Code of the Philippines Tolentino Chapter Summary. Retrieved from
https://www.scribd.com/document/96599089/Civil-Code-of-the-Phil-Tolentino-Chapter-Summary

http://sc.judiciary.gov.ph/baradmission/2017/Civil%20Law.pdf

http://www.wipo.int/edocs/lexdocs/laws/en/ph/ph021en.pdf