Sunday, September 9, 2018

STATUS OF REPORTS


          
          
   



Article

Reporter

Status
Article 1. This Act shall be known as the "Civil Code of the Philippines." (n)
Abad, Joseph Lance
Published
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).
Capio, Kristia
Published
Article 3. Ignorance of the Law excuses no one from compliance therewith.
Gumangol, Janine May
Published
Article 4. Laws shall have no retroactive effect, unless the contrary is provided. (3)
Concept of retroactive or retrospective law.
Ramos, Richard
Published
Article 5. Acts executed against the provisions of mandatory and prohibitory laws shall be void, except when the law itself authorizes their validity.
Ramos, Lacky Charlie
Published
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.)
Ramos, Richard
Published
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 Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse or custom or practice to the contrary.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.
Teope, Evita
Published
Article 8. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. (n)
Viray, Noel
Published
Article 9. No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws. (6)
Estabillo, Venancio
Published
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
Villanueva, Rose Ann
Published
Article 11. Customs which are contrary to law, public order or public policy shall not be countenanced.
Valencia, Aneleth
Published
Article 12. A custom must be proved as a fact, according to the rules of evidence.
Valencia, Aneleth
Published
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.
Abad, Joseph Lance
Published
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.
Capio, Kristia
Published
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.
Gumangol, Janine May
Published
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
Published
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
Published
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)
Ramos, Richard
Published
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.
Teope, Evita
Published
Article 20. Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same.
Viray, Noel
No published report
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.
Estabillo, Venancio
Published
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.
Villanuea, Rose Ann
Published
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. 
Valencia, Aneleth
Published
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.
Abad, Joseph Lance
Published
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.
Capio, Kristia
Published
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:
Gumangol, Janine May
Published
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
Ramos, Lacky Charlie
Published
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.
Ramos, Richard
Published
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
Published
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.
Viray, Noel
Published
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.
Estabillo, Venancio
Published
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:
Villanueva, Rose Ann
Published
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.
Valencia, Aneleth
Published
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.
Abad, Joseph Lance
Published
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.
Capio, Kristia
Published
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.
Gumnagol, Janine May
Published
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.
Ramos, Lacky Charlie
Published
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)
Ramos, Richard
Published
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.
Evita, Teope
Published
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)
Viray, Noel
No published report
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)
Estabillo, Venancio
Published
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)
Villanueva, Rose Ann
Published
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)
Valencia, Aneleth
Published
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).
Abad, Joseph Lance
Published
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.
Capio, Kristia
Published
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.
Gumangol, Janine May
Published
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)
Ramos, Lacky Charlie
Published
Article 48. The following are citizens of the Philippines:
Ramos, Richard
Published
Article 49. Naturalization and the loss and requisition citizenship of the Philippines are governed by special laws. (n)
Ramos, Richard
Published
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.
Teope, Evita
Published
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)
Viray, Noel
No published report