Civrev1 Person

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PRELIMINARY TITLE

CHAPTER I

II. EFFECT AND APPLICATION OF LAWS

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

A. When do laws take effect?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)

- Rev. Adm. Code (RAC):Sec. 18. When Laws Take Effect. - Laws shall take effect after fifteen(15) days following the completion of their publication in the Official

Gazette or in a newspaper of general circulation, unless it is

otherwise provided.

Sec. 19. Prospectivity. - Laws shall have prospective effect unless the

contrary is expressly provided.

Sec. 20. Interpretation of Laws and Administrative Issuances. - In the

interpretation of a law or administrative issuance promulgated in all

the official languages, the English text shall control, unless

otherwise specifically provided. In case of ambiguity, omission or

mistake, the other texts may be consulted.

Sec. 21. No Implied Revival of Repealed Law.- When a law which

expressly repeals a prior law itself repealed, the law first repealed

shall not be thereby revived unless expressly so provided.

Sec. 22. Revival of Law Impliedly Repealed. - When a law which

impliedly repeals a prior law is itself repealed, the prior law shall

thereby be revived, unless the repealing law provides otherwise.Sec. 23. Ignorance of the Law. - Ignorance of the law excuses no one

from compliance therewith.

Sec. 24. Contents. - There shall be published in the Official Gazette

all legislative acts and resolutions of a public nature; all executive

and administrative issuances of general application; decisions or

abstracts of decisions of the Supreme Court and the Court of

Appeals, or other courts of similar rank, as may be deemed by said

courts of sufficient importance to be so published; such documents

or classes of documents as may be required so to be published by

law; and such documents or classes of documents as the President

shall determine from time to time to have general application or

which he may authorize so to be published.

The publication of any law, resolution or other official documents in

the Official Gazette shall be prima facie evidence of its authority.

Sec. 25. Editing and Publications. - The Official Gazette shall be

edited in the Office of the President and published weekly in Pilipino

or in the English language. It shall be sold and distributed by the

National Printing Office which shall promptly mail copies thereof to

subscribers free of postage.

- EXECUTIVE ORDER NO. 200 :Sec. 1. 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.

Sec. 2. Article 2 of Republic Act No. 386, otherwise known as the

"Civil Code of the Philippines," and all other laws inconsistent with

this Executive Order are hereby repealed or modified accordingly.

Sec. 3. This Executive Order shall take effect immediately after

its publication in the Official Gazette.

B. Ignorance of the lawArt. 3. Ignorance of the law excuses no one from compliance therewith. (2)C. Retroactivity

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)

- NCC, Article 2255-2269 :Art. 2255. The former laws shall regulate acts and contracts with a

condition or period, which were executed or entered into before the

effectivity of this Code, even though the condition or period may

still be pending at the time this body of laws goes into effect. (n)

Art. 2256. Acts and contracts under the regime of the old laws

they are valid in accordance therewith, shall continue to be fu

operative as provided in the same, with the limitations establish

in these rules. But the revocation or modification of these acts a

contracts after the beginning of the effectivity of this Code, shall

subject to the provisions of this new body of laws. (Rule 2a)

Art. 2257. Provisions of this Code which attach a civil sanction

penalty or a deprivation of rights to acts or omissions which we

not penalized by the former laws, are not applicable to those wh

when said laws were in force, may have executed the act or incurr

in the omission forbidden or condemned by this Code.

If the fault is also punished by the previous legislation, the le

severe sanction shall be applied.If a continuous or repeated act or omission was commenced befo

the beginning of the effectivity of this Code, and the same subsi

or is maintained or repeated after this body of laws has beco

operative, the sanction or penalty prescribed in this Code shall

applied, even though the previous laws may not have provided a

sanction or penalty therefor. (Rule 3a)

Art. 2258. Actions and rights which came into being but were n

exercised before the effectivity of this Code, shall remain in f

force in conformity with the old legislation; but their exerci

duration and the procedure to enforce them shall be regulated

this Code and by the Rules of Court. If the exercise of the right or

the action was commenced under the old laws, but is pending

the date this Code takes effect, and the procedure was differe

from that established in this new body of laws, the part

concerned may choose which method or course to pursue. (Rule 4

Art. 2259. The capacity of a married woman to execute acts acontracts is governed by this Code, even if her marriage w

celebrated under the former laws. (n)

Art. 2260. The voluntary recognition of a natural child shall ta

place according to this Code, even if the child was born before t

effectivity of this body of laws. (n)

Art. 2261. The exemption prescribed in Article 302 shall also

applicable to any support, pension or gratuity already existing

granted before this Code becomes effective. (n)

Art. 2262. Guardians of the property of minors, appointed by t

courts before this Code goes into effect, shall continue to act

such, notwithstanding the provisions of Article 320. (n)

Art. 2263. Rights to the inheritance of a person who died, with

without a will, before the effectivity of this Code, shall be govern

by the Civil Code of 1889, by other previous laws, and by the Ru

of Court. The inheritance of those who, with or without a will, d

after the beginning of the effectivity of this Code, shall

adjudicated and distributed in accordance with this new body

laws and by the Rules of Court; but the testamentary provisio

shall be carried out insofar as they may be permitted by this Cod

Therefore, legitimes, betterments, legacies and bequests shall

respected; however, their amount shall be reduced if in no oth

manner can every compulsory heir be given his full share accord

to this Code. (Rule 12a)

Art. 2264. The status and rights of natural children by legal ficti

referred to in article 89 and illegitimate children mentioned

Article 287, shall also be acquired by children born before t

effectivity of this Code. (n)

Art. 2265. The right of retention of real or personal property aris

after this Code becomes effective, includes those things which cam

into the creditor's possession before said date. (n)

Art. 2266. The following shall have not only prospective but aretroactive effect:

(1) Article 315, whereby a descendant cannot be compelled, in

criminal case, to testify against his parents and ascendants;

(2) Articles 101 and 88, providing against collusion in cases of leg

separation and annulment of marriage;

(3) Articles 283, 284, and 289, concerning the proof of illegitima

filiation;

(4) Article 838, authorizing the probate of a will on petition of t

testator himself;

(5) Articles 1359 to 1369, relative to the reformation of instrumen

(6) Articles 476 to 481, regulating actions to quiet title;


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(7) Articles 2029 to 2031, which are designed to promote

compromise. (n)

Art. 2267. The following provisions shall apply not only to future

cases but also to those pending on the date this Code becomes

effective:

(1) Article 29, Relative to criminal prosecutions wherein the accused

is acquitted on the ground that his guilt has not been proved

beyond reasonable doubt;

(2) Article 33, concerning cases of defamation, fraud, and physical

injuries. (n)

Art. 2268. Suits between members of the same family which are

pending at the time this Code goes into effect shall be suspended,

under such terms as the court may determine, in order thatcompromise may be earnestly sought, or, in case of legal separation

proceedings, for the purpose of effecting, if possible, a

reconciliation. (n)

Art. 2269. The principles upon which the preceding transitional

provisions are based shall, by analogy, be applied to cases not

specifically regulated by them. (Rule 13a)

- RPC,Art. 22. Retroactive effect of penal laws :Penal Laws shall have a retroactive effect insofar as they favor the

persons guilty of a felony, who is not a habitual criminal, as this

term is defined in Rule 5 of Article 62 of this Code, although at the

time of the publication of such laws a final sentence has been

pronounced and the convict is serving the same.

D. Waiver of rightsArt. 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 aright recognized by law. (4a)

- NCC, Art. 301 :Art. 301. The right to receive support cannot be renounced; nor can

it be transmitted to a third person. Neither can it be compensated

with what the recipient owes the obligor.

However, support in arrears may be compensated and renounced,

and the right to demand the same may be transmitted by onerous

or gratuitous title. (151)

E. Repeal of lawsArt. 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)

- Phil. Consti., ARTICLE XVIII, TRANSITORY PROVISIONS, Section 3 :Section 3. All existing laws, decrees, executive orders,

proclamations, letters of instructions, and other executive issuances

not inconsistent with this Constitution shall remain operative until

amended, repealed, or revoked.

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

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

F. Duty to render judgmentArt. 9. No judge or court shall decline to render judgment by reason of the

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

- RPC, Art. 5 :Art. 5. Duty of the court in connection with acts which should berepressed but which are not covered by the law, and in cases of

excessive penalties.

Whenever a court has knowledge of any act which it may deem

proper to repress and which is not punishable by law, it shall render

the proper decision, and shall report to the Chief Executive, through

the Department of Justice, the reasons which induce the court to

believe that said act should be made the subject of legislation.

In the same way, the court shall submit to the Chief Executive,

through the Department of Justice, such statement as may be

deemed proper, without suspending the execution of the sentence,

when a strict enforcement of the provisions of this Code would

result in the imposition of a clearly excessive penalty, taking in

consideration the degree of malice and the injury caused by t

offense.

Art. 10. In case of doubt in the interpretation or application of laws, it

presumed that the lawmaking body intended right and justice to prevail. (n)

G. Applicability of customArt. 11. Customs which are contrary to law, public order or public policy sh

not be countenanced. (n)

Art. 12. A custom must be proved as a fact, according to the rules of eviden

(n)

- ARTICLE XII, NATIONAL ECONOMY AND PATRIMONY, Section 5 :Section 5. The State, subject to the provisions of this Constitutand national development policies and programs, shall protect t

rights of indigenous cultural communities to their ancestral lands

ensure their economic, social, and cultural well-being.

The Congress may provide for the applicability of customary la

governing property rights or relations in determining the ownersh

and extent of ancestral domain.

- ROC, Rule 129, (2) (3) :Sec. 2 . Judicial notice, when discretionary. A court may ta

judicial notice of matters which are of public knowledge, or a

capable to unquestionable demonstration, or ought to be known

judges because of their judicial functions. (1a)

Sec. 3 . Judicial notice, when hearing necessary. During the tr

the court, on its own initiative, or on request of a party, m

announce its intention to take judicial notice of any matter a

allow the parties to be heard thereon.After the trial, and before judgment or on appeal, the proper cou

on its own initiative or on request of a party, may take judic

notice of any matter and allow the parties to be heard thereon

such matter is decisive of a material issue in the case. (n)

H. Legal periodsArt. 13. When the laws speak of years, months, days or nights, it shall

understood that years are of three hundred sixty-five days each; months,

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 num

of days which they respectively have.

In computing a period, the first day shall be excluded, and the last d

included. (7a)

- Rev. Adm. Code (RAC), Sec. 3 :Sec. 31. Legal Periods. - "Year" shall be understood to be twe

calendar months; "month" of thirty days, unless it refers to

specific calendar month in which case it shall be comput

according to the number of days the specific month contains; "da

to a day of twenty-four hours; and "night," from sunset to sunrise

- RULE 28, Rules of Court, Physical and Mental Examination Persons:

Section 1.When examination may be ordered. In an action

which the mental or physical condition of a party is in controver

the court in which the action is pending may in its discretion ord

him to submit to a physical or mental examination by a physicia

(1)

Section 2.Order for examination. The order for examination m

be made only on motion for good cause shown and upon notice

the party to be examined and to all other parties, and shall spec

the time, place, manner, conditions and scope of the examinat

and the person or persons by whom it is to be made. (2)Section 3.Report of findings. If requested by the party examin

the party causing the examination to be made shall deliver to him

copy of a detailed written report of the examining physician setti

out his findings and conclusions. After such request and delive

the party causing the examination to be made shall be entitled up

request to receive from the party examined a like report of a

examination, previously or thereafter made, of the same mental

physical condition. If the party examined refuses to deliver su

report, the court on motion and notice may make an order requir

delivery on such terms as are just, and if a physician fails or refus


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to make such a report the court may exclude his testimony if offered

at the trial. (3a)

Section 4.Waiver of privilege. By requesting and obtaining a

report of the examination so ordered or by taking the deposition of

the examiner, the party examined waives any privilege he may have

in that action or any other involving the same controversy,

regarding the testimony of every other person who has examined or

may thereafter examine him in respect of the same mental or

physical examination. (4)

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)

I. Binding effectArt. 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 publicinstruments 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

J. 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 durin

period of acute public want or emergency may be stopped by order of t

courts at the instance of any government or private charitable institution.

Art. 26. Every person shall respect the dignity, personality, privacy and peace

mind of his neighbors and other persons. The following and similar acts, thou

they may not constitute a criminal offense, shall produce a cause of action

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, low

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

employee refuses or neglects, without just cause, to perform his official du

may file an action for damages and other relief against he latter, witho

prejudice to any disciplinary administrative action that may be taken.

Art. 28. Unfair competition in agricultural, commercial or industrial enterpri

or in labor through the use of force, intimidation, deceit, machination or a

other unjust, oppressive or highhanded method shall give rise to a right

action by the person who thereby suffers damage.

Art. 29. When the accused in a criminal prosecution is acquitted on the grou

that his guilt has not been proved beyond reasonable doubt, a civil action

damages for the same act or omission may be instituted. Such action requir

only a preponderance of evidence. Upon motion of the defendant, the co

may require the plaintiff to file a bond to answer for damages in case tcomplaint should be found to be malicious.

If in a criminal case the judgment of acquittal is based upon reasonable dou

the court shall so declare. In the absence of any declaration to that effect

may be inferred from the text of the decision whether or not the acquittal

due to that ground.

Art. 30. When a separate civil action is brought to demand civil liability arisi

from a criminal offense, and no criminal proceedings are instituted during t

pendency of the civil case, a preponderance of evidence shall likewise

sufficient to prove the act complained of.

Art. 31. When the civil action is based on an obligation not arising from the a

or omission complained of as a felony, such civil action may proce

independently of the criminal proceedings and regardless of the result of t

latter.

Art. 32. Any public officer or employee, or any private individual, who direc

or indirectly obstructs, defeats, violates or in any manner impedes or impa

any of the following rights and liberties of another person shall be liable to t

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 pub

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 agai

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 purpo

not contrary to law;

(13) The right to take part in a peaceable assembly to petition the governme

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

informed of the nature and cause of the accusation against him, to have


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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 forother 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 ormunicipality 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.

III. CIVIL PERSONALITY

CHAPTER 1

GENERAL PROVISIONS

A. Persons and PersonalityConcepts of person and personality

Classes of persons and there distinctions

Elements of civil personality

Juridical capacity vs. personality

Juridical capacity vs. capacity to act

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-mu

prodigality and civil interdiction are mere restrictions on capacity to act, and

not exempt the incapacitated person from certain obligations, as when t

latter arise from his acts or from property relations, such as easements. (32a

Art. 39. The following circumstances, among others, modify or limit capacity

act: age, insanity, imbecility, the state of being a deaf-mute, penal

prodigality, family relations, alienage, absence, insolvency and trusteeship. T

consequences of these circumstances are governed in this Code, other cod

the Rules of Court, and in special laws. Capacity to act is not limited on accou

of religious belief or political opinion.

A married woman, twenty-one years of age or over, is qualified for all acts

civil life, except in cases specified by law. (n)

CHAPTER 2

NATURAL PERSONS

B. Commencment and termination of personality1. Natural persons

Art. 40. Birth determines personality; but the conceived child shall

considered born for all purposes that are favorable to it, provided it be bo

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

is completely delivered from the mother's womb. However, if the fetus had

intra-uterine life of less than seven months, it is not deemed born if it d

within twenty-four hours after its complete delivery from the maternal wom

(30a)

- Phil. Consti., Art. 2, Sec. 12 :Section 12. The State recognizes the sanctity of family life and sh

protect and strengthen the family as a basic autonomous soc

institution. It shall equally protect the life of the mother and the l

of the unborn from conception. The natural and primary right a

duty of parents in the rearing of the youth for civic efficiency a

the development of moral character shall receive the support of t

Government

- PD 603, Art. 3 :Article 3. Rights of the Child. - All children shall be entitled to t

rights herein set forth without distinction as to legitimacy

illegitimacy, sex, social status, religion, political antecedents, a

other factors:

(1) Every child is endowed with the dignity and worth of a hum

being from the moment of his conception, as generally accepted

medical parlance, and has, therefore, the right to be born well.

(2) Every child has the right to a wholesome family life that w

provide him with love, care and understanding, guidance a

counseling, and moral and material security.

The dependent or abandoned child shall be provided with t

nearest substitute for a home.

(3) Every child has the right to a well-rounded development of

personality to the end that he may become a happy, useful a

active member of society.

The gifted child shall be given opportunity and encouragement

develop his special talents.

The emotionally disturbed or socially maladjusted child shall

treated with sympathy and understanding, and shall be entitled

treatment and competent care.

The physically or mentally handicapped child shall be given t

treatment, education and care required by his particular condition

(4) Every child has the right to a balanced diet, adequate clothisufficient shelter, proper medical attention, and all the ba

physical requirements of a healthy and vigorous life.

(5) Every child has the right to be brought up in an atmosphere

morality and rectitude for the enrichment and the strengthening

his character.

(6) Every child has the right to an education commensurate with

abilities and to the development of his skills for the improvement

his capacity for service to himself and to his fellowmen.

(7) Every child has the right to full opportunities for safe a

wholesome recreation and activities, individual as well as social,

the wholesome use of his leisure hours.


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(8) Every child has the right to protection against exploitation,

improper influences, hazards, and other conditions or circumstances

prejudicial to his physical, mental, emotional, social and moral

development.

(9) Every child has the right to live in a community and a society that

can offer him an environment free from pernicious influences and

conducive to the promotion of his health and the cultivation of his

desirable traits and attributes.

(10) Every child has the right to the care, assistance, and protection

of the State, particularly when his parents or guardians fail or are

unable to provide him with his fundamental needs for growth,

development, and improvement.

(11) Every child has the right to an efficient and honest governmentthat will deepen his faith in democracy and inspire him with the

morality of the constituted authorities both in their public and

private lives.

(12) Every child has the right to grow up as a free individual, in an

atmosphere of peace, understanding, tolerance, and universal

brotherhood, and with the determination to contribute his share in

the building of a better world.

- FC, Art. 164 :

Art. 164. Children conceived or born during the marriage of the

parents are legitimate.

Children conceived as a result of artificial insemination of the wife

with the sperm of the husband or that of a donor or both are

likewise legitimate children of the husband and his wife, provided,

that both of them authorized or ratified such insemination in a

written instrument executed and signed by them before the birth of

the child. The instrument shall be recorded in the civil registrytogether with the birth certificate of the child. (55a, 258a)

- RPC, Art. 256-259 :Art. 256. Intentional abortion. Any person who shall intentionally

cause an abortion shall suffer:

1. The penalty of reclusion temporal, if he shall use any violence

upon the person of the pregnant woman.

2. The penalty of prision mayor if, without using violence, he shall

act without the consent of the woman.

3. The penalty of prision correccional in its medium and maximum

periods, if the woman shall have consented.

Art. 257. Unintentional abortion. The penalty of prision

correccional in its minimum and medium period shall be imposed

upon any person who shall cause an abortion by violence, but

unintentionally.

Art. 258. Abortion practiced by the woman herself of by her parents.

The penalty of prision correccional in its medium and maximum

periods shall be imposed upon a woman who shall practice abortion

upon herself or shall consent that any other person should do so.

Any woman who shall commit this offense to conceal her dishonor,

shall suffer the penalty of prision correccional in its minimum and

medium periods.

If this crime be committed by the parents of the pregnant woman or

either of them, and they act with the consent of said woman for the

purpose of concealing her dishonor, the offenders shall suffer the

penalty of prision correccional in its medium and maximum periods.

Art. 259. Abortion practiced by a physician or midwife and

dispensing of abortives. The penalties provided in Article 256

shall be imposed in its maximum period, respectively, upon any

physician or midwife who, taking advantage of their scientific

knowledge or skill, shall cause an abortion or assist in causing the

same.Any pharmacist who, without the proper prescription from a

physician, shall dispense any abortive shall suffer arresto mayor and

a fine not exceeding 1,000 pesos.

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 transmissi

of rights from one to the other. (33)

- ROC, Rule 131, Sec. 3, Evidence:Section 3. Disputable presumptions. The following presumptio

are satisfactory if uncontradicted, but may be contradicted a

overcome by other evidence:

(a) That a person is innocent of crime or wrong;

(b) That an unlawful act was done with an unlawful intent

(c) That a person intends the ordinary consequences of

voluntary act;

(d) That a person takes ordinary care of his concerns;

(e) That evidence willfully suppressed would be adverse

produced;(f) That money paid by one to another was due to the latt

(g) That a thing delivered by one to another belonged to t

latter;

(h) That an obligation delivered up to the debtor has be

paid;

(i) That prior rents or installments had been paid when

receipt for the later one is produced;

(j) That a person found in possession of a thing taken in t

doing of a recent wrongful act is the taker and the doer of the wh

act; otherwise, that things which a person possess, or exercises a

of ownership over, are owned by him;

(k) That a person in possession of an order on himself

the payment of the money, or the delivery of anything, has paid t

money or delivered the thing accordingly;

(l) That a person acting in a public office was regula

appointed or elected to it;(m) That official duty has been regularly performed;

(n) That a court, or judge acting as such, whether in t

Philippines or elsewhere, was acting in the lawful exercise

jurisdiction;

(o) That all the matters within an issue raised in a case we

laid before the court and passed upon by it; and in like manner th

all matters within an issue raised in a dispute submitted

arbitration were laid before the arbitrators and passed upon

them;

(p) That private transactions have been fair and regular;

(q) That the ordinary course of business has been followed

(r) That there was a sufficient consideration for a contract

(s) That a negotiable instrument was given or indorsed fo

sufficient consideration;

(t) That an endorsement of negotiable instrument w

made before the instrument was overdue and at the place whe

the instrument is dated;

(u) That a writing is truly dated;

(v) That a letter duly directed and mailed was received in t

regular course of the mail;

(w) That after an absence of seven years, it being unkno

whether or not the absentee still lives, he is considered dead for

purposes, except for those of succession.

The absentee shall not be considered dead for the purpose

opening his succession till after an absence of ten years. If

disappeared after the age of seventy-five years, an absence of f

years shall be sufficient in order that his succession may be opene

The following shall be considered dead for all purposes including t

division of the estate among the heirs:

(1) A person on board a vessel lost during a sea voyage,

an aircraft with is missing, who has not been heard of for four yeasince the loss of the vessel or aircraft;

(2) A member of the armed forces who has taken part

armed hostilities, and has been missing for four years;

(3) A person who has been in danger of death under oth

circumstances and whose existence has not been known for fo

years;

(4) If a married person has been absent for four consecut

years, the spouse present may contract a subsequent marriage if

or she has well-founded belief that the absent spouse is alrea

death. In case of disappearance, where there is a danger of dea

the circumstances hereinabove provided, an absence of only t


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years shall be sufficient for the purpose of contracting a subsequent

marriage. However, in any case, before marrying again, the spouse

present must institute a summary proceedings as provided in the

Family Code and in the rules for declaration of presumptive death of

the absentee, without prejudice to the effect of reappearance of the

absent spouse.

(x) That acquiescence resulted from a belief that the thing

acquiesced in was conformable to the law or fact;

(y) That things have happened according to the ordinary

course of nature and ordinary nature habits of life;

(z) That persons acting as copartners have entered into a

contract of copartneship;

(aa) That a man and woman deporting themselves ashusband and wife have entered into a lawful contract of marriage;

(bb) That property acquired by a man and a woman who are

capacitated to marry each other and who live exclusively with each

other as husband and wife without the benefit of marriage or under

void marriage, has been obtained by their joint efforts, work or

industry.

(cc) That in cases of cohabitation by a man and a woman who

are not capacitated to marry each other and who have acquire

properly through their actual joint contribution of money, property

or industry, such contributions and their corresponding shares

including joint deposits of money and evidences of credit are equal.

(dd) That if the marriage is terminated and the mother

contracted another marriage within three hundred days after such

termination of the former marriage, these rules shall govern in the

absence of proof to the contrary:

(1) A child born before one hundred eighty days after thesolemnization of the subsequent marriage is considered to have

been conceived during such marriage, even though it be born within

the three hundred days after the termination of the former

marriage.

(2) A child born after one hundred eighty days following the

celebration of the subsequent marriage is considered to have been

conceived during such marriage, even though it be born within the

three hundred days after the termination of the former marriage.

(ee) That a thing once proved to exist continues as long as is

usual with things of the nature;

(ff) That the law has been obeyed;

(gg) That a printed or published book, purporting to be

printed or published by public authority, was so printed or

published;

(hh) That a printed or published book, purporting contain

reports of cases adjudged in tribunals of the country where the

book is published, contains correct reports of such cases;

(ii) That a trustee or other person whose duty it was to

convey real property to a particular person has actually conveyed it

to him when such presumption is necessary to perfect the title of

such person or his successor in interest;

(jj) That except for purposes of succession, when two

persons perish in the same calamity, such as wreck, battle, or

conflagration, and it is not shown who died first, and there are no

particular circumstances from which it can be inferred, the

survivorship is determined from the probabilities resulting from the

strength and the age of the sexes, according to the following rules:

1. If both were under the age of fifteen years, the older is

deemed to have survived;

2. If both were above the age sixty, the younger is deemed

to have survived;3. If one is under fifteen and the other above sixty, the

former is deemed to have survived;

4. If both be over fifteen and under sixty, and the sex be

different, the male is deemed to have survived, if the sex be the

same, the older;

5. If one be under fifteen or over sixty, and the other

between those ages, the latter is deemed to have survived.

(kk) That 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, they shall be considered to have di

at the same time. (5a)

CHAPTER 3

2. JURIDICAL PERSONSPublic corporation

Private corporation

Partnerships

Art. 44. The following are juridical persons:

(1) The State and its political subdivisions;(2) Other corporations, institutions and entities for public interest or purpo

created by law; their personality begins as soon as they have been constitut

according to law;

(3) Corporations, partnerships and associations for private interest or purpo

to which the law grants a juridical personality, separate and distinct from th

of each shareholder, partner or member. (35a)

Art. 45. Juridical persons mentioned in Nos. 1 and 2 of the preceding article a

governed by the laws creating or recognizing them.

Private corporations are regulated by laws of general application on t

subject.

Partnerships and associations for private interest or purpose are governed

the provisions of this Code concerning partnerships. (36 and 37a)

Art. 46. Juridical persons may acquire and possess property of all kinds, as w

as incur obligations and bring civil or criminal actions, in conformity with t

laws and regulations of their organization. (38a)

Art. 47. Upon the dissolution of corporations, institutions and other entities public interest or purpose mentioned in No. 2 of Article 44, their property a

other assets shall be disposed of in pursuance of law or the charter creat

them. If nothing has been specified on this point, the property and other ass

shall be applied to similar purposes for the benefit of the region, province, c

or municipality which during the existence of the institution derived t

principal benefits from the same. (39a)

IV. RESTRICTIONS ON CAPACITY

A. Gen. Rule: presumption of capacityB. Restrictions on capacity to act

Art. 38. Minority, insanity or imbecility, the state of being a deaf-mu

prodigality and civil interdiction are mere restrictions on capacity to act, and

not exempt the incapacitated person from certain obligations, as when t

latter arise from his acts or from property relations, such as easements. (32a

Art. 39. The following circumstances, among others, modify or limit capacity

act: age, insanity, imbecility, the state of being a deaf-mute, penal

prodigality, family relations, alienage, absence, insolvency and trusteeship. T

consequences of these circumstances are governed in this Code, other cod

the Rules of Court, and in special laws. Capacity to act is not limited on accou

of religious belief or political opinion.

A married woman, twenty-one years of age or over, is qualified for all acts

civil life, except in cases specified by law. (n)

1. Minority- Republic Act No. 6809,AGE OF MAJORITY:

Emancipation takes place by the attainment of majority. Unle

otherwise provided, majority commences at the age of eighte

years."Emancipation shall terminate parental authority over the pers

and property of the child who shall then be qualified a

responsible for all acts of civil life, save the exceptions establish

by existing laws in special cases.

"Contracting marriage shall require parental consent until the age

twenty-one.

"Nothing in this Code shall be construed to derogate from the d

or responsibility of parents and guardians for children and wa

below twenty-one years of age mentioned in the second and th

paragraphs of Article 2180 of the Civil Code."


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Upon the effectivity of this Act, existing wills, bequests, donations,

grants, insurance policies and similar instruments containing

references and provisions favorable to minors will not retroact to

their prejudice.

- ARTICLE V, SUFFRAGE, Sec. 1, Phil. Consti. :Section 1. Suffrage may be exercised by all citizens of the

Philippines, not otherwise disqualified by law, who are at least

eighteen years of age, and who shall have resided in the Philippines

for at least one year and in the place wherein they propose to vote,

for at least six months immediately preceding the election. No

literacy, property, or other substantive requirement shall be

imposed on the exercise of suffrage.

- Marriage, FC, art. 5:Art. 5. Any male or female of the age of eighteen years or upwardsnot under any of the impediments mentioned in Articles 37 and 38,

may contract marriage. (54a)

- NCC, Art. 1327. The following cannot give consent to a contract:(1) Unemancipated minors;

(2) Insane or demented persons, and deaf-mutes who do not know

how to write. (1263a)

- NCC, Art. 1390 :Art. 1390. The following contracts are voidable or annullable, even

though there may have been no damage to the contracting parties:

(1) Those where one of the parties is incapable of giving consent to

a contract;

(2) Those where the consent is vitiated by mistake, violence,

intimidation, undue influence or fraud.

These contracts are binding, unless they are annulled by a proper

action in court. They are susceptible of ratification. (n)- NCC, Art. 1397 :

Art. 1397. The action for the annulment of contracts may be

instituted by all who are thereby obliged principally or subsidiarily.

However, persons who are capable cannot allege the incapacity of

those with whom they contracted; nor can those who exerted

intimidation, violence, or undue influence, or employed fraud, or

caused mistake base their action upon these flaws of the contract.

(1302a)

- NCC, Art. 1399 :Art. 1399. When the defect of the contract consists in the incapacity

of one of the parties, the incapacitated person is not obliged to

make any restitution except insofar as he has been benefited by the

thing or price received by him. (1304)

- NCC, Art. 1403 (3) :Art. 1403. The following contracts are unenforceable, unless they

are ratified:

(3) Those where both parties are incapable of giving consent to a

contract.

- NCC, Art. 1426 :Art. 1426. When a minor between eighteen and twenty-one years of

age who has entered into a contract without the consent of the

parent or guardian, after the annulment of the contract voluntarily

returns the whole thing or price received, notwithstanding the fact

the he has not been benefited thereby, there is no right to demand

the thing or price thus returned.

- NCC, Art. 1427 :Art. 1427. When a minor between eighteen and twenty-one years of

age, who has entered into a contract without the consent of the

parent or guardian, voluntarily pays a sum of money or delivers a

fungible thing in fulfillment of the obligation, there shall be no right

to recover the same from the obligee who has spent or consumed itin good faith. (1160A)

- NCC, Art. 1489 :Art. 1489. All persons who are authorized in this Code to obligate

themselves, may enter into a contract of sale, saving the

modifications contained in the following articles.

Where necessaries are those sold and delivered to a minor or other

person without capacity to act, he must pay a reasonable price

therefor. Necessaries are those referred to in Article 290. (1457a)

Criminal Liability

- Art. 12. Circumstances which exempt from criminal liability, RPC :.

2. A person under nine years of age.

3. A person over nine years of age and under fifteen, unless he h

acted with discernment, in which case, such minor shall

proceeded against in accordance with the provisions of Art. 80

this Code.

When such minor is adjudged to be criminally irresponsible, t

court, in conformably with the provisions of this and the preced

paragraph, shall commit him to the care and custody of his fam

who shall be charged with his surveillance and education otherwi

he shall be committed to the care of some institution or pers

mentioned in said Art. 80.

- Art. 13. Mitigating circumstances. RPC:2. That the offender is under eighteen year of age or over sevenyears. In the case of the minor, he shall be proceeded against

accordance with the provisions of Art. 80.

Art. 80. Suspension of sentence of minor delinquents. Whene

a minor of either sex, under sixteen years of age at the date of t

commission of a grave or less grave felony, is accused thereof, t

court, after hearing the evidence in the proper proceedings, inste

of pronouncing judgment of conviction, shall suspend all furth

proceedings and shall commit such minor to the custody or care o

public or private, benevolent or charitable institution, establish

under the law of the care, correction or education of orphan

homeless, defective, and delinquent children, or to the custody

care of any other responsible person in any other place subject

visitation and supervision by the Director of Public Welfare or any

his agents or representatives, if there be any, or otherwise by t

superintendent of public schools or his representatives, subject

such conditions as are prescribed hereinbelow until such minor shhave reached his majority age or for such less period as the co

may deem proper.

The court, in committing said minor as provided above, shall ta

into consideration the religion of such minor, his parents or next

kin, in order to avoid his commitment to any private institution n

under the control and supervision of the religious sect

denomination to which they belong.

The Director of Public Welfare or his duly authorized representati

or agents, the superintendent of public schools or

representatives, or the person to whose custody or care the min

has been committed, shall submit to the court every four mont

and as often as required in special cases, a written report on t

good or bad conduct of said minor and the moral and intellectu

progress made by him.

The suspension of the proceedings against a minor may be extend

or shortened by the court on the recommendation of the Directo

Public Welfare or his authorized representative or agents, or t

superintendent of public schools or his representatives, according

to whether the conduct of such minor has been good or not a

whether he has complied with the conditions imposed upon him,

not. The provisions of the first paragraph of this article shall n

however, be affected by those contained herein.

If the minor has been committed to the custody or care of any

the institutions mentioned in the first paragraph of this article, w

the approval of the Director of Public Welfare and subject to su

conditions as this official in accordance with law may deem prop

to impose, such minor may be allowed to stay elsewhere under t

care of a responsible person.

If the minor has behaved properly and has complied with t

conditions imposed upon him during his confinement, in accordan

with the provisions of this article, he shall be returned to the coin order that the same may order his final release.

In case the minor fails to behave properly or to comply with t

regulations of the institution to which he has been committed

with the conditions imposed upon him when he was committed

the care of a responsible person, or in case he should be fou

incorrigible or his continued stay in such institution should

inadvisable, he shall be returned to the court in order that the sa

may render the judgment corresponding to the crime committed

him.

The expenses for the maintenance of a minor delinquent confined

the institution to which he has been committed, shall be bor


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totally or partially by his parents or relatives or those persons liable

to support him, if they are able to do so, in the discretion of the

court; Provided, That in case his parents or relatives or those

persons liable to support him have not been ordered to pay said

expenses or are found indigent and cannot pay said expenses, the

municipality in which the offense was committed shall pay one-third

of said expenses; the province to which the municipality belongs

shall pay one-third; and the remaining one-third shall be borne by

the National Government: Provided, however, That whenever the

Secretary of Finance certifies that a municipality is not able to pay

its share in the expenses above mentioned, such share which is not

paid by said municipality shall be borne by the National

Government. Chartered cities shall pay two-thirds of said expenses;and in case a chartered city cannot pay said expenses, the internal

revenue allotments which may be due to said city shall be withheld

and applied in settlement of said indebtedness in accordance with

section five hundred and eighty-eight of the Administrative Code.

- PD 603, Art. 189-204Article 189. Youthful Offender Defined. - A youthful offender is one

who is over nine years but under twenty-one years of age at the

time of the commission of the offense.

A child nine years of age or under at the time of the offense shall be

exempt from criminal liability and shall be committed to the care of

his or her father or mother, or nearest relative or family friend in

the discretion of the court and subject to its supervision. The same

shall be done for a child over nine years and under fifteen years of

age at the time of the commission of the offense, unless he acted

with discernment, in which case he shall be proceeded against in

accordance with Article 192.The provisions of Article 80 of the Revised Penal Code shall be

deemed modified by the provisions of this Chapter.

Article 190. Physical and Mental Examination. - It shall be the duty

of the law-enforcement agency concerned to take the youthful

offender, immediately after his apprehension, to the proper medical

or health officer for a thorough physical and mental examination.

Whenever treatment for any physical or mental defect is indicated,

steps shall be immediately undertaken to provide the same.

The examination and treatment papers shall form part of the record

of the case of the youthful offender.

Article 191. Care of Youthful Offender Held for Examination or Trial.

- A youthful offender held for physical and mental examination or

trial or pending appeal, if unable to furnish bail, shall from the time

of his arrest be committed to the care of the Department of Social

Welfare or the local rehabilitation center or a detention home in the

province or city which shall be responsible for his appearance in

court whenever required: Provided, That in the absence of any such

center or agency within a reasonable distance from the venue of the

trial, the provincial, city and municipal jail shall provide quarters for

youthful offenders separate from other detainees. The court may, in

its discretion, upon recommendation of the Department of Social

Welfare or other agency or agencies authorized by the Court,

release a youthful offender on recognizance, to the custody of his

parents or other suitable person who shall be responsible for his

appearance whenever required.

Article 192. Suspension of Sentence and Commitment of Youthful

Offender. - If after hearing the evidence in the proper proceedings,

the court should find that the youthful offender has committed the

acts charged against him the court shall determine the imposable

penalty, including any civil liability chargeable against him. However,

instead of pronouncing judgment of conviction, the court shallsuspend all further proceedings and shall commit such minor to the

custody or care of the Department of Social Welfare, or to any

training institution operated by the government, or duly licensed

agencies or any other responsible person, until he shall have

reached twenty-one years of age or, for a shorter period as the

court may deem proper, after considering the reports and

recommendations of the Department of Social Welfare or the

agency or responsible individual under whose care he has been

committed.

The youthful offender shall be subject to visitation and supervision

by a representative of the Department of Social Welfare or any duly

licensed agency or such other officer as the Court may designa

subject to such conditions as it may prescribe.

Article 193. Appeal. - The youthful offender whose sentence

suspended can appeal from the order of the court in the sa

manner as appeals in criminal cases.

Article 194. Care and Maintenance of Youthful Offender. - T

expenses for the care and maintenance of the youthful offend

whose sentence has been suspended shall be borne by his pare

or those persons liable to support him: Provided, That in case

parents or those persons liable to support him can not pay all

part of said expenses, the municipality in which the offense w

committed shall pay one-third of said expenses or part thereof; t

province to which the municipality belongs shall pay one-third; athe remaining one-third shall be borne by the National Governme

Chartered cities shall pay two-thirds of said expenses; and in cas

chartered city cannot pay said expenses, part of the inter

revenue allotments applicable to the unpaid portion shall

withheld and applied to the settlement of said indebtedness.

All city and provincial governments must exert efforts for t

immediate establishment of local detention homes for youth

offenders.

Article 195. Report on Conduct of Child. - The Department of Soc

Welfare or its representative or duly licensed agency or individ

under whose care the youthful offender has been committed sh

submit to the court every four months or oftener as may

required in special cases, a written report on the conduct of s

youthful offender as well as the intellectual, physical, moral, soc

and emotional progress made by him.

Article 196. Dismissal of the Case. - If it is shown to the satisfactiof the court that the youthful offender whose sentence has be

suspended, has behaved properly and has shown his capability to

a useful member of the community, even before reaching the age

majority, upon recommendation of the Department of Soc

Welfare, it shall dismiss the case and order his final discharge.

Article 197. Return of the Youth Offender to Court. - Whenever t

youthful offender has been found incorrigible or has wilfully fai

to comply with the conditions of his rehabilitation programs,

should his continued stay in the training institution be inadvisab

he shall be returned to the committing court for t

pronouncement of judgment.

When the youthful offender has reached the age of twenty-o

while in commitment, the court shall determine whether to dism

the case in accordance with the next preceding article or

pronounce the judgment of conviction.

In any case covered by this article, the youthful offender shall

credited in the service of his sentence with the full time spent

actual commitment and detention effected under the provisions

this Chapter.

Article 198. Effect of Release of Child Based on Good Conduct. - T

final release of a child pursuant to the provisions of this Chapt

shall not obliterate his civil liability for damages. Such release sh

be without prejudice to the right for a writ of execution for t

recovery of civil damages.

Article 199. Living Quarters for Youthful Offenders Sentence. - Wh

a judgment of conviction is pronounced in accordance with t

provisions of Article 197, and at the time of said pronouncement t

youthful offender is still under twenty-one, he shall be committed

the proper penal institution to serve the remaining period of

sentence: Provided, That penal institutions shall provide youth

offenders with separate quarters and, as far as practicable, grothem according to appropriate age levels or other criteria as w

insure their speedy rehabilitation: Provided, further, That t

Bureau of Prisons shall maintain agricultural and forestry cam

where youthful offenders may serve their sentence in lieu

confinement in regular penitentiaries.

Article 200. Records of Proceedings. - Where a youthful offender h

been charged before any city or provincial fiscal or before a

municipal judge and the charges have been ordered dropped, all t

records of the case shall be destroyed immediately thereafter.

Where a youthful offender has been charged and the court acqu

him, or dismisses the case or commits him to an institution a


9/11

subsequently releases him pursuant to this Chapter, all the records

of his case shall be destroyed immediately after such acquittal,

dismissal or release, unless civil liability has also been imposed in

the criminal action, in which case such records shall be destroyed

after satisfaction of such civil liability. The youthful offender

concerned shall not be held under any provision of law, to be guilty

of perjury or of concealment or misrepresentation by reason of his

failure to acknowledge the case or recite any fact related thereto in

response to any inquiry made of him for any purpose.

"Records" within the meaning of this article shall include those

which may be in the files of the National Bureau of Investigation and

with any police department, or any other government agency which

may have been involved in the case.Article 201. Civil Liability of Youthful Offenders. - The civil liability for

acts committed by a youthful offender shall devolve upon the

offender's father and, in case of his death or incapacity, upon the

mother, or in case of her death or incapacity, upon the guardian.

Civil liability may also be voluntarily assumed by a relative or family

friend of the youthful offender.

Article 202. Rehabilitation Centers. - The Department of Social

Welfare shall establish regional rehabilitation centers for youthful

offenders. The local government and other non-governmental

entities shall collaborate and contribute their support for the

establishment and maintenance of these facilities.

Article 203. Detention Homes. - The Department of Local

Government and Community Development shall establish detention

homes in cities and provinces distinct and separate from jails

pending the disposition of cases of juvenile offenders.

Article 204. Liability of Parents or Guardian or Any Person in theCommission of Delinquent Acts by Their Children or Wards. - A

person whether the parent or guardian of the child or not, who

knowingly or wilfully,

1. Aids, causes, abets or connives with the commission by a child of

a delinquency, or

2. Does any act producing, promoting, or contributing to a child's

being or becoming a juvenile delinquent, shall be punished by a fine

not exceeding five hundred pesos or to imprisonment for a period

not exceeding two years, or both such fine and imprisonment, at the

discretion of the court.

2. Insanity- EFFECT ON MARRIAGE, FC, Art. 45:

Art. 45. A marriage may be annulled for any of the following causes,

existing at the time of the marriage:

(1) That the party in whose behalf it is sought to have the marriage

annulled was eighteen years of age or over but below twenty-one,

and the marriage was solemnized without the consent of the

parents, guardian or person having substitute parental authority

over the party, in that order, unless after attaining the age of

twenty-one, such party freely cohabited with the other and both

lived together as husband and wife;

(2) That either party was of unsound mind, unless such party after

coming to reason, freely cohabited with the other as husband and

wife;

(3) That the consent of either party was obtained by fraud, unless

such party afterwards, with full knowledge of the facts constituting

the fraud, freely cohabited with the other as husband and wife;

(4) That the consent of either party was obtained by force,

intimidation or undue influence, unless the same having

disappeared or ceased, such party thereafter freely cohabited withthe other as husband and wife;

(5) That either party was physically incapable of consummating the

marriage with the other, and such incapacity continues and appears

to be incurable; or

(6) That either party was afflicted with a sexually-transmissible

disease found to be serious and appears to be incurable. (85a)

- Effect on contracts, NCC, Art. 1327 and 1328Art. 1327. The following cannot give consent to a contract:

(1) Unemancipated minors;

(2) Insane or demented persons, and deaf-mutes who do not know


Art. 1328. Contracts entered into during a lucid interval are va

Contracts agreed to in a state of drunkenness or during a hypno

spell are voidable. (n)

Criminal Liability

- RPC, Art. 12. Circumstances which exempt from criminal liability.1. An imbecile or an insane person, unless the latter has act

during a lucid interval.

When the imbecile or an insane person has committed an act wh

the law defines as a felony (delito), the court shall order

confinement in one of the hospitals or asylums established

persons thus afflicted, which he shall not be permitted to lea

without first obtaining the permission of the same court.

- Rules of Court , RULE 101, PROCEEDINGS FOR HOSPITALIZATION INSANE PERSONS:

Sec. 1. Venue; Petition for commitment. - A petition for t

commitment of a person to a hospital or other place for the insa

may be filed with the Court of First Instance of the province whe

the person alleged to be insane is found. The petition shall be fi

by the Director of Health in the all cases where, in his opinion, su

commitment is for the public welfare, or for the welfare of sa

person who, in his judgment, is insane, and such person or the o

having charged of him is opposed to his being taken to a hospital

other place for the insane.

Sec. 2. Order for hearing. - If the petition filed is sufficient in fo

and substance, the court, by an order reciting the purpose of t

petition, shall fix a date for the hearing thereof, and copy of su

order shall be served on the person alleged to be insane, and to tone having charge of him, or on such of his relatives residing in t

province or city as the judge may deem proper. The court sh

furthermore order the sheriff to produce the alleged insane perso

if possible, on the date of the hearing.

Sec. 3. Hearing and judgment. - Upon satisfactory proof, in op

court on the date fixed in the order, that the commitment appli

for is for the public welfare or for the welfare of the insane perso

and that his relatives are unable for any reason to take prop

custody and care of him, the court shall order his commitment

such hospital or other place for the insane as may be recommend

by the Director of Health. The court shall make proper provisions

the custody of property or money belonging to the insane unti

guardian be properly appointed.

Sec. 4. Discharge of insane. - When, in the opinion of the Director

Health, the person ordered to be committed to a hospital or oth

place for the insane is temporarily or permanently cured, or may

released without danger he may file the proper petition with t

Court of First Instance which ordered the commitment.

Sec. 5. Assistance of fiscal in the proceeding. - It shall be the duty

the provincial fiscal or in the City of Manila the fiscal of the city,

prepare the petition for the Director of Health and represent him

court in all proceedings arising under the provisions of this rule.

3. Deaf - Mutism- NCC, Art. 1327 (2):

(2) Insane or demented persons, and deaf-mutes who do not kn


- NCC, Art. 807 :Art. 807. If the testator b e deaf, or a deaf-mute, he must persona

read the will, if able to do so; otherwise, he shall designate tw

persons to read it and communicate to him, in some practicamanner, the contents thereof.

- NCC, Art. 820:Art. 820. Any person of sound mind and of the age of eighteen ye

or more, and not blind, deaf or dumb, and able to read and wri

may be a witness to the execution of a will mentioned in Article 8

of this code.

4. Prodigality- ROC, Rule 92, Sec. 2:

Sec. 2. Meaning of word "incompetent." - Under this rule, the wo

"incompetent" includes persons suffering the penalty of c


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interdiction or who are hospitalized lepers, prodigals, deaf and

dumb who are unable to read and write, those who are of unsound

mind, even though they have lucid intervals, and persons not being

of unsound mind, but by reason of age, disease, weak mind, and

other similar causes, cannot, without outside aid, take care of

themselves and manage their property, becoming thereby an easy

prey for deceit and exploitation.

5. Civil Interdiction- RPC, Art. 34 and 41:

Art. 34. Civil interdiction. Civil interdiction shall deprive the

offender during the time of his sentence of the rights of parental

authority, or guardianship, either as to the person or property ofany ward, of marital authority, of the right to manage his property

and of the right to dispose of such property by any act or any

conveyance inter vivos.

- RPC, Art. 41:Art. 41. Reclusion perpetua and reclusion temporal; Their accessory

penalties. The penalties of reclusion perpetua and reclusion

temporal shall carry with them that of civil interdiction for life or

during the period of the sentence as the case may be, and that of

perpetual absolute disqualification which the offender shall suffer

even though pardoned as to the principal penalty, unless the same

shall have been expressly remitted in the pardon.

6. Family Relations- FC, Art. 150:

Art. 50. Family relations include those:

(1) Between husband and wife;(2) Between parents and children;

(3) Among brothers and sisters, whether of the full or half-blood.

(217a)

- FC, Art. 87:Art. 87. Every donation or grant of gratuitous advantage, direct or

indirect, between the spouses during the marriage shall be void,

except moderate gifts which the spouses may give each other on

the occasion of any family rejoicing. The prohibition shall also apply

to persons living together as husband and wife without a valid

marriage. (133a)

7. Alien Age8. Absence

- NCC, Art. 381-396:Title XIV. - ABSENCE

CHAPTER 1

PROVISIONAL MEASURES IN CASE OF ABSENCE

Art. 381. When a person disappears from his domicile, his

whereabouts being unknown, and without leaving an agent to

administer his property, the judge, at the instance of an interested

party, a relative, or a friend, may appoint a person to represent him

in all that may be necessary.

This same rule shall be observed when under similar circumstances

the power conferred by the absentee has expired. (181a)

Art. 382. The appointment referred to in the preceding article

having been made, the judge shall take the necessary measures to

safeguard the rights and interests of the absentee and shall specify

the powers, obligations and remuneration of his representative,regulating them, according to the circumstances, by the rules

concerning guardians. (182)

Art. 383. In the appointment of a representative, the spouse present

shall be preferred when there is no legal separation.

If the absentee left no spouse, or if the spouse present is a minor,

any competent person may be appointed by the court. (183a)

CHAPTER 2

DECLARATION OF ABSENCE

Art. 384. Two years having elapsed without any news about the

absentee or since the receipt of the last news, and five years in case

the absentee has left a person in charge of the administration of h

property, his absence may be declared. (184)

Art. 385. The following may ask for the declaration of absence:

(1) The spouse present;

(2) The heirs instituted in a will, who may present an authentic cop

of the same;

(3) The relatives who may succeed by the law of intestacy;

(4) Those who may have over the property of the absentee some

right subordinated to the condition of his death. (185)

Art. 386. The judicial declaration of absence shall not take effect

until six months after its publication in a newspaper of general

circulation. (186a)

CHAPTER 3

ADMINISTRATION OF THE PROPERTY OF THE ABSENTEE

Art. 387. An administrator of the absentee's property shall be

appointed in accordance with Article 383. (187a)

Art. 388. The wife who is appointed as an administratrix of the

husband's property cannot alienate or encumber the husband's

property, or that of the conjugal partnership, without judicial

authority. (188a)

Art. 389. The administration shall cease in any of the following

cases:

(1) When the absentee appears personally or by means of an agen

(2) When the death of the absentee is proved and his testate or

intestate heirs appear;(3) When a third person appears, showing by a proper document

that he has acquired the absentee's property by purchase or othe

title.

In these cases the administrator shall cease in the performance of

his office, and the property shall be at the disposal of those who

may have a right thereto. (190)

CHAPTER 4

PRESUMPTION OF DEATH

Art. 390. After an absence of seven years, it being unknown wheth

or not the absentee still lives, he shall be presumed dead for all

purposes, except for those of succession.

The absentee shall not be presumed dead for the purpose of

opening his succession till after an absence of ten years. If he

disappeared after the age of seventy-five years, an absence of five

years shall be sufficient in order that his succession may be opene

(n)

Art. 391. The following shall be presumed dead for all purposes,

including the division of the estate among the heirs:

(1) A person on board a vessel lost during a sea voyage, or an

aeroplane which is missing, who has not been heard of for four

years since the loss of the vessel or aeroplane;

(2) A person in the armed forces who has taken part in war, and h

been missing for four years;

(3) A person who has been in danger of death under other

circumstances and his existence has not been known for four year

(n)

Art. 392. If the absentee appears, or without appearing his existen

is proved, he shall recover his property in the condition in which it

may be found, and the price of any property that may have been

alienated or the property acquired therewith; but he cannot claim

either fruits or rents. (194)

CHAPTER 5

EFFECT OF ABSENCE UPON THE

CONTINGENT RIGHTS OF THE ABSENTEE

Art. 393. Whoever claims a right pertaining to a person whose

existence is not recognized must prove that he was living at the tim

his existence was necessary in order to acquire said right. (195)


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Art. 394. Without prejudice to the provision of the preceding article,

upon the opening of a succession to which an absentee is called, his

share shall accrue to his co-heirs, unless he has heirs, assigns, or a

representative. They shall all, as the case may be, make an inventory

of the property. (196a)

Art. 395. The provisions of the preceding article are understood to

be without prejudice to the action of petition for inheritance or

other rights which are vested in the absentee, his representatives or

successors in interest. These rights shall not be extinguished save by

lapse of time fixed for prescription. In the record that is made in the

Registry of the real estate which accrues to the coheirs, the

circumstance of its being subject to the provisions of this article

shall be stated. (197)

Art. 396. Those who may have entered upon the inheritance shall

appropriate the fruits received in good faith so long as the absentee

does not appear, or while his representatives or successors in

interest do not bring the proper actions. (198)

9. Insolvency and Trusteeship- NCC, Art. 1491:

Art. 1491. The following persons cannot acquire by purchase, even

at a public or judicial auction, either in person or through the

mediation of another:

(1) The guardian, the property of the person or persons who may be

under his guardianship;

(2) Agents, the property whose administration or sale may havebeen entrusted to them, unless the consent of the principal has

been given;

(3) Executors and administrators, the property of the estate under

administration;

(4) Public officers and employees, the property of the State or of any

subdivision thereof, or of any government-owned or controlled

corporation, or institution, the administration of which has been

intrusted to them; this provision shall apply to judges and

government experts who, in any manner whatsoever, take part in

the sale;

(5) Justices, judges, prosecuting attorneys, clerks of superior and

inferior courts, and other officers and employees connected with

the administration of justice, the property and rights in litigation or

levied upon an execution before the court within whose jurisdiction

or territory they exercise their respective functions; this prohibition

includes the act of acquiring by assignment and shall apply to

lawyers, with respect to the property and rights which may be the

object of any litigation in which they may take part by virtue of their

profession.

(6) Any others specially disqualified by law. (1459a)

- NCC, Art. 1381:Art. 1381. The following contracts are rescissible:

(1) Those which are entered into by guardians whenever the wards

whom they represent suffer lesion by more than one-fourth of the

value of the things which are the object thereof;

(2) Those agreed upon in representation of absentees, if the latter

suffer the lesion stated in the preceding number;

(3) Those undertaken in fraud of creditors when the latter cannot in

any other manner collect the claims due them;

(4) Those which refer to things under litigation if they have been

entered into by the defendant without the knowledge and approval

of the litigants or of competent judicial authority;

(5) All other contracts specially declared by law to be subject to

rescission. (1291a)

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 t

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 t

Philippines are governed by special laws. (n)

DOMICILE AND RESIDENCE

Natural Person

Art. 50. For the exercise of civil rights and the fulfillment of civil obligations, t

domicile of natural persons is the place of their habitual residence. (40a)

- Art. 68, 69, FC :Art. 68. The husband and wife are obliged to live together, obsermutual love, respect and fidelity, and render mutual help a

support. (109a)

Art. 69. The husband and wife shall fix the family domicile. In case

disagreement, the court shall decide.

The court may exempt one spouse from living with the other if t

latter should live abroad or there are other valid and compell

reasons for the exemption. However, such exemption shall n

apply if the same is not compatible with the solidarity of the fam

(110a)

Juridical Person

Art. 51. When the law creating or recognizing them, or any other provisi

does not fix the domicile of juridical persons, the same shall be understood

be the place where their legal representation is established or where th

exercise their principal functions. (41a)

Civrev1 Person

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