Article
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Reporter
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Status
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Article 1. This Act shall be known as
the "Civil Code of the Philippines." (n)
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Abad, Joseph Lance
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Published
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Article 2. 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. This Code shall take effect one year after
such publication. (As amended by E.O. No. 200).
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Capio, Kristia
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Published
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Article 3. Ignorance of the Law excuses
no one from compliance therewith.
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Gumangol, Janine May
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Published
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Article 4. Laws shall have no
retroactive effect, unless the contrary is provided. (3)
Concept of retroactive or retrospective
law.
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Ramos, Richard
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Published
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Article
5. Acts executed against the provisions of mandatory and prohibitory laws
shall be void, except when the law itself authorizes their validity.
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Ramos, Lacky Charlie
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Published
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Article
6. Rights may be waived, unless the waiver is contrary to law, public
order, public policy, morals or good customs, or prejudicial to
third person with a right recognized by law. (4a.)
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Ramos, Richard
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Published
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Article
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 Laws are repealed only by subsequent ones, and their violation or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 court declares 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.
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Teope, Evita
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Published
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Article
8. Judicial decisions applying or interpreting the laws or the Constitution
shall form a part of the legal system of the Philippines. (n)
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Viray, Noel
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Published
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Article
9. No judge or court shall decline to render judgment by reason of the
silence, obscurity or insufficiency of the laws. (6)
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Estabillo, Venancio
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Published
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Article
10. In case of doubt in the interpretation or application of laws, it is
presumed that the lawmaking body intended right and justice to prevail
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Villanueva, Rose Ann
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Published
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Article
11. Customs which are contrary to law, public order or public policy
shall not be countenanced.
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Valencia, Aneleth
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Published
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Article
12. A custom must be proved as a fact, according to the rules of evidence.
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Valencia, Aneleth
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Published
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Article 13. When the laws speak of years, months,
days or nights, it shall be understood that years are of three hundred
sixty-five days each; months, of thirty days; days, of twenty-four hours; and
nights, from sunset to sunrise.
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Abad, Joseph Lance
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Published
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Article
14. Penal laws and those of public security and safety shall be obligatory
upon all who live or sojourn in Philippine territory, subject to the
principles of public international law and to treaty stipulations.
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Capio, Kristia
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Published
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Article 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.
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Gumangol, Janine May
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Published
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Article
16. Real property as well as personal property is subject to the law of the
country where it is situated.
However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found. (10a) |
Ramos, Richard
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Published
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Article
17. The forms and solemnities of contracts, wills, and other public instruments
shall be govern 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 foreign country. (11a) |
Ramos, Lacky Charlie
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Published
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Article
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)
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Ramos, Richard
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Published
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Article
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.
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Teope, Evita
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Published
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Article
20. Every person who, contrary to law, wilfully or negligently causes damage
to another, shall indemnify the latter for the same.
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Viray, Noel
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No published report
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Article
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.
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Estabillo, Venancio
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Published
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Article
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.
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Villanuea, Rose Ann
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Published
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Article
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.
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Valencia, Aneleth
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Published
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Article
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.
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Abad, Joseph Lance
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Published
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Article
25. Thoughtless extravagance in expenses for pleasure or display during a
period of acute public want or emergency may be stopped by order of the
courts at the instance of any government or private charitable institution.
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Capio, Kristia
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Published
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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:
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Gumangol, Janine May
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Published
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Article
27. Any person suffering material or moral loss because a public servant
or employee refuses or neglects, without just cause, to perform his official
duty may file an action for damages and other relief against the latter,
without prejudice to any disciplinary administrative action that may be taken
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Ramos, Lacky Charlie
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Published
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Article
28. Unfair competition is agricultural, commercial or industrial
enterprises or in labor through the use of force, intimidation, deceit,
machination or any other unjust, oppressive or high-handed method shall give
rise a right of action by the person who thereby suffers damage.
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Ramos, Richard
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Published
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Article
29. When the accused in a criminal prosecution is acquitted on the ground
that his guilt has not been proved beyond reasonable doubt, a civil action
for damages for the same act or omission may be instituted. Such action
requires only a preponderance of evidence. Upon motion of the defendant, the
court may require the plaintiff to file a bond to answer for damages in case
the complainant should be found to be malicious.
If in criminal case the judgment of acquittal is based upon reasonable, the court shall so declare. In the absence of any declaration to that effect, it may be inferred from the text of the decision whether or not the acquittal is due to that ground. |
Viray, Noel
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Published
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Article
30. When a separate civil action is brought to demand civil liability arising
from a criminal offense, and no criminal proceedings are instituted during
the pendency of the civil case, a preponderance of evidence shall likewise be
sufficient to prove the act complained of.
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Viray, Noel
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Published
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Article
31. When the civil action which is based on an obligation not
arising from the act or omission complained of as felony, such civil action
may proceed independently of the criminal proceedings and regardless of the
result of the latter.
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Estabillo, Venancio
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Published
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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:
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Villanueva, Rose Ann
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Published
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Article
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.
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Valencia, Aneleth
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Published
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Article
34. When a member of a city or municipal police force refuses or fails to
render aid or protection to any person in case of danger to life or property,
such peace officer shall be primarily liable for damages, and the city or
municipality shall be subsidiarily responsible therefor. The civil action
herein recognized shall be independent of any criminal proceedings, and a
preponderance of evidence shall suffice to support such action.
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Abad, Joseph Lance
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Published
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Article
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
complainant may bring a civil action for damages against the alleged offender.
Such civil action may be supported by a preponderance of evidence. Upon the
defendant’s motion, the court may require the plaintiff to file a bond to
indemnify the defendant in case the complaint should be found to be
malicious.
If
during the pendency of the civil action, information should be presented by
the prosecuting attorney, the civil action shall be suspended until the
termination of the criminal proceedings.
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Capio, Kristia
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Published
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Article
36. Prejudicial Questions, which must be decided first before any criminal
prosecution may be instituted or may proceed, shall be governed by the Rules
of Court which the Supreme Court shall promulgate and which shall not be in
conflict with the provisions of this Code.
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Gumnagol, Janine May
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Published
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Article
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.
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Ramos, Lacky Charlie
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Published
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Article
38. Minority, insanity or imbecility, the state of being a
deaf-mute prodigality and civil interdiction are mere restrictions on
capacity to act and do not exempt the incapacitated person from certain
obligations, as when the latter arise from his acts or from property
relations, such as easements. (32a)
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Ramos, Richard
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Published
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Article
39: The following circumstances, among others, modify or limit capacity
to act: age, insanity, imbecility, the state of being a deaf-mute,
penalty, prodigality, family relations, alienage, absence, insolvency,
and trusteeship.
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Evita, Teope
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Published
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Article
40. Birth determine personality but the conceived child shall be considered born
for all purposes that are favorable to it, provided, it be born later with
the conditions specified in the following article. (29a)
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Viray, Noel
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No published report
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Article
41. For civil purposes, the fetus is considered born if it is
alive at the time it is completely delivered from the mother’s womb? However,
if the fetus had an intra-uterine of less than seven months, it is not deemed
born if it dies within twenty-four hours after its complete delivery from the
maternal womb. (30a)
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Estabillo, Venancio
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Published
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Article.
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)
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Villanueva, Rose Ann
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Published
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Article
43. If there is a doubt, as between two or more persons who are called
to succeed each other, as to which of them died first, whoever alleges the
death of one prior to the other, shall prove the same; in the absence of
proof, it is presumed that they died at the same time and there shall be no
transmission of rights from one to other. (33)
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Valencia, Aneleth
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Published
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Article
44. The following are juridicial persons:
1.
The State and its political subdivisions;
2.
Other corporations, institutions and entities for public interest or purpose,
created by law; their personality begins as soon as they have been
constituted according to law;
3.
Corporations, partnerships and associations for private interest or purpose
to which the law grants a juridicial personality, separate and distinct from
that of each shareholder, partner or member. (35a).
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Abad, Joseph Lance
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Published
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Article
45. Juridical persons mentioned in Nos. 1 and 2 of the preceding article are
governed by the laws creating or recognizing them.
Private
corporations are regulated by laws of general application on the subject.
Partnerships
and associations for private interest or purpose are governed by the
provisions of this Code concerning partnerships.
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Capio, Kristia
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Published
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Article
46. Juridical Persons may acquire and possess property of all
kinds, as well as incur obligations and bring civil or criminal actions, in
conformity with the laws and regulations of their organizations.
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Gumangol, Janine May
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Published
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Article
47. Upon the dissolution of corporations, institutions and other entities for
public interest or purpose mentioned in no. 2 of article 44, their property
and other assets shall be disposed of the pursuance of law or charter
creating them. If nothing has been specified on this point, the benefit of
the region, province or municipality which during the existence of the
institution derived the principal benefits from the same. (39a)
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Ramos, Lacky Charlie
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Published
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Article
48. The following are citizens of the Philippines:
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Ramos, Richard
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Published
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Article
49. Naturalization and the loss and requisition citizenship of the
Philippines are governed by special laws. (n)
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Ramos, Richard
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Published
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Article
50. For the exercise of civil rights and the fulfilment of civil obligations,
the domicile of natural persons is the place of their habitual residence.
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Teope, Evita
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Published
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Article
51. When the law creating or recognizing them, or any other provision does
not fix the domicile of juridical persons, the same shall be understood to be
the place where their legal representation is established or where they
exercise their principal functions. (41a)
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Viray, Noel
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No published report
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Sunday, September 9, 2018
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