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IMPORTANT PROVISIONS IN CIVIL LAW consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found. (10a) Preliminary Chapter Art. 17. The forms and solemnities of contracts, wills, and other Art. 2. Laws shall take
  IMPORTANT PROVISIONS IN CIVIL LAWPreliminary Chapter Art. 2. Laws shall take effect after fifteen days following thecompletion of their publication in the Official Gazette, unless it isotherwise provided. his !ode shall take effect one year after such publication. #a$Art. %. &gnorance of the law e'cuses no one from compliancetherewith. 2$Art. (. Laws shall have no retroactive effect, unless the contrary is provided. %$ Art. ). Acts e'ecuted against the provisions of mandatory or  prohibitory laws shall be void, e'cept when the law itself authorizestheir validity. (a$ Art. *. +ights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs, or preudicial toa third person with a right recognized by law. (a$ Art. -. udicial decisions applying or interpreting the laws or the!onstitution shall form a part of the legal system of the /hilippines. n$ Art. 0. 1o udge or court shall decline to render udgment by reasonof the silence, obscurity or insufficiency of the laws. *$ Art. #. &n case of doubt in the interpretation or application of laws,it is presumed that the lawmaking body intended right and ustice to prevail. n$ Art. #%. 3hen the laws speak of years, months, days or nights, itshall be understood that years are of three hundred si'ty4five dayseach5 months, of thirty days5 days, of twenty4four hours5 and nightsfrom sunset to sunrise. &f months are designated by their name, they shall be computed bythe number of days which they respectively have. &n computing a period, the first day shall be e'cluded, and the lastday included. 6a$ Art. #(. /enal laws and those of public security and safety shall beobligatory upon all who live or soourn in the /hilippine territory,subect to the principles of public international law and to treatystipulations. -a$ Art. #). Laws relating to family rights and duties, or to the status,condition and legal capacity of persons are binding upon citizens of the /hilippines, even though living abroad. 0a$ Art. #*. +eal property as well as personal property is subect to thelaw of the country where it is stipulated. 7owever, intestate and testamentary successions, both with respect tothe order of succession and to the amount of successional rights andto 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 andregardless of the country wherein said property may be found. #a$ Art. #6. he forms and solemnities of contracts, wills, and other  public instruments shall be governed by the laws of the country inwhich they are e'ecuted. Human Relation Art. #0. 8very person must, in the e'ercise of his rights and in the performance of his duties, act with ustice, give everyone his due, andobserve honesty and good faith. Art. 2. 8very person who, contrary to law, wilfully or negligentlycauses damage to another, shall indemnify the latter for the same. Art. 2#. Any person who wilfully causes loss or inury to another in amanner that is contrary to morals, good customs or public policy shallcompensate the latter for the damage. Art. 22. 8very person who through an act of performance by another,or any other means, ac9uires or comes into possession of somethingat the e'pense of the latter without ust or legal ground, shall returnthe same to him. Art. 2%. 8ven when an act or event causing damage to another:s property was not due to the fault or negligence of the defendant, thelatter shall be liable for indemnity if through the act or event he was benefited. Art. 2(. &n 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. 2). houghtless e'travagance in e'penses for pleasure or displayduring a period of acute public want or emergency may be stopped byorder of the courts at the instance of any government or privatecharitable institution. Art. 2*. 8very person shall respect the dignity, personality, privacyand peace of mind of his neighbors and other persons. he followingand similar acts, though they may not constitute a criminal offense,shall produce a cause of action for damages, prevention and other relief; #$ /rying into the privacy of another:s residence; 2$ <eddling with or disturbing the private life or familyrelations of another5 %$ &ntriguing to cause another to be alienated from hisfriends5 ($ =e'ing or humiliating another on account of hisreligious beliefs, lowly station in life, place of birth, physical defect, or other personal condition.Art. 26. Any person suffering material or moral loss because a publicservant or employee refuses or neglects, without ust cause, to perform his official duty may file an action for damages and other  #  relief against he latter, without preudice to any disciplinaryadministrative action that may be taken. Art. 2-. >nfair competition in agricultural, commercial or industrialenterprises or in labor through the use of force, intimidation, deceit,machination or any other unust, oppressive or highhanded methodshall give rise to a right of action by the person who thereby suffersdamage. Art. 20. 3hen the accused in a criminal prosecution is ac9uitted onthe ground that his guilt has not been proved beyond reasonabledoubt, a civil action for damages for the same act or omission may beinstituted. ?uch action re9uires only a preponderance of evidence. >pon motion of the defendant, the court may re9uire the plaintiff tofile a bond to answer for damages in case the complaint should befound to be malicious. &f in a criminal case the udgment of ac9uittal is based uponreasonable doubt, the court shall so declare. &n the absence of anydeclaration to that effect, it may be inferred from the te't of thedecision whether or not the ac9uittal is due to that ground. Art. %. 3hen a separate civil action is brought to demand civilliability arising from a criminal offense, and no criminal proceedingsare instituted during the pendency of the civil case, a preponderanceof evidence shall likewise be sufficient to prove the act complainedof. Art. %#. 3hen the civil action is based on an obligation not arisingfrom the act or omission complained of as a felony, such civil actionmay proceed independently of the criminal proceedings andregardless of the result of the latter. Art. %2. Any public officer or employee, or any private individual,who directly or indirectly obstructs, defeats, violates or in anymanner impedes or impairs any of the following rights and libertiesof another person shall be liable to the latter for damages; #$ @reedom of religion5 2$ @reedom of speech5 %$ @reedom to write for the press or to maintain a periodical publication5 ($ @reedom from arbitrary or illegal detention5 )$ @reedom of suffrage5 *$ he right against deprivation of property without due process of law5 6$ he right to a ust compensation when private propertyis taken for public use5 -$ he right to the e9ual protection of the laws5 0$ he right to be secure in one:s person, house, papers,and effects against unreasonable searches and seizures5 #$ he liberty of abode and of changing the same5 ##$ he privacy of communication and correspondence5 #2$ he right to become a member of associations or societies for purposes not contrary to law5 #%$ he right to take part in a peaceable assembly to petition the government for redress of grievances5 #($ he right to be free from involuntary servitude in anyform5 #)$ he right of the accused against e'cessive bail5 #*$ he right of the accused to be heard by himself andcounsel, to be informed of the nature and cause of theaccusation against him, to have a speedy and public trial, tomeet the witnesses face to face, and to have compulsory process to secure the attendance of witness in his behalf5 #6$ @reedom from being compelled to be a witnessagainst one:s self, or from being forced to confess guilt, or from being induced by a promise of immunity or reward tomake such confession, e'cept when the person confessing becomes a ?tate witness5 #-$ @reedom from e'cessive fines, or cruel and unusual punishment, unless the same is imposed or inflicted inaccordance with a statute which has not been udiciallydeclared unconstitutional5 and #0$ @reedom of access to the courts.&n any of the cases referred to in this article, whether or not thedefendant:s act or omission constitutes a criminal offense, theaggrieved party has a right to commence an entirely separate anddistinct civil action for damages, and for other relief. ?uch civilaction shall proceed independently of any criminal prosecution if thelatter be instituted$, and mat be proved by a preponderance of evidence. he indemnity shall include moral damages. 8'emplary damagesmay also be adudicated. he responsibility herein set forth is not demandable from a udgeunless his act or omission constitutes a violation of the /enal !ode or other penal statute. Art. %%. &n cases of defamation, fraud, and physical inuries a civilaction for damages, entirely separate and distinct from the criminalaction, may be brought by the inured party. ?uch civil action shall proceed independently of the criminal prosecution, and shall re9uireonly a preponderance of evidence. Art. %(. 3hen 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 lifeor property, such peace officer shall be primarily liable for damages,and the city or municipality shall be subsidiarily responsible therefor.he civil action herein recognized shall be independent of anycriminal proceedings, and a preponderance of evidence shall sufficeto support such action. 2  Art. %). 3hen a person, claiming to be inured by a criminal offense,charges another with the same, for which no independent civil actionis granted in this !ode or any special law, but the ustice of the peacefinds no reasonable grounds to believe that a crime has beencommitted, or the prosecuting attorney refuses or fails to institutecriminal proceedings, the complaint may bring a civil action for damages against the alleged offender. ?uch civil action may besupported by a preponderance of evidence. >pon the defendant:smotion, the court may re9uire the plaintiff to file a bond to indemnifythe defendant in case the complaint should be found to be malicious. &f during the pendency of the civil action, an information should be presented by the prosecuting attorney, the civil action shall besuspended until the termination of the criminal proceedings. Art. %*. /re4udicial 9uestions which must be decided before anycriminal prosecution may be instituted or may proceed, shall begoverned by rules of court which the ?upreme !ourt shall promulgateand which shall not be in conflict with the provisions of this !ode. Birth Art. %6. uridical capacity, which is the fitness to be the subect of legal relations, is inherent in every natural person and is lost onlythrough death. !apacity to act, which is the power to do acts withlegal effect, is ac9uired and may be lost. n$ Art. %-. <inority, insanity or imbecility, the state of being a deaf4mute, prodigality and civil interdiction are mere restrictions oncapacity to act, and do not e'empt the incapacitated person fromcertain obligations, as when the latter arise from his acts or from property relations, such as easements. %2a$ Natural Person Art. (. irth determines personality5 but the conceived child shall beconsidered born for all purposes that are favorable to it, provided it be born later with the conditions specified in the following article. 20a$ Art. (#. @or civil purposes, the fetus is considered born if it is alive atthe time it is completely delivered from the mother:s womb.7owever, if the fetus had an intra4uterine life of less than sevenmonths, it is not deemed born if it dies within twenty4four hours after its complete delivery from the maternal womb. %a$ Art. (2. !ivil personality is e'tinguished by death. he effect of death upon the rights and obligations of the deceased isdetermined by law, by contract and by will. %2a$ Art. (%. &f there is a doubt, as between two or more persons who arecalled to succeed each other, as to which of them died first, whoever alleges the death of one prior to the other, shall prove the same5 in theabsence of proof, it is presumed that they died at the same time andthere shall be no transmission of rights from one to the other. %%$ Jurii!al Person Art. (*. uridical persons may ac9uire and possess property of allkinds, as well as incur obligations and bring civil or criminal actions,in conformity with the laws and regulations of their organization. %-a$ Marria e Article #. <arriage is a special contract of permanent union betweena man and a woman entered into in accordance with law for theestablishment of conugal and family life. &t is the foundation of thefamily and an inviolable social institution whose nature,conse9uences, and incidents are governed by law and not subect tostipulation, e'cept that marriage settlements may fi' the propertyrelations during the marriage within the limits provided by this !ode. )2a$ Art. 2. 1o marriage shall be valid, unless these essential re9uisites are present; #$ Legal capacity of the contracting parties who must be amale and a female5 and 2$ !onsent freely given in the presence of the solemnizingofficer. )%a$Art. %. he formal re9uisites of marriage are; #$ Authority of the solemnizing officer5 2$ A valid marriage license e'cept in the cases provided for in !hapter 2 of this itle5 and %$ A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age. )%a, ))a$Art. (. he absence of any of the essential or formal re9uisites shallrender the marriage void ab initio, e'cept as stated in Article %) 2$. Adefect in any of the essential re9uisites shall not affect the validity of the marriage but the party or parties responsible for the irregularityshall be civilly, criminally and administratively liable. n$  Article 35 (2). Those solemnized by any person not legallyauthorized to perform marriages unless such marriages werecontracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so  Art. !5. A marriage may be annulled for any of the following causes e#isting at the time of the marriage$ (%) That the party in whose behalf it is sought to have themarriage annulled was eighteen years of age or over but belowtwenty&one and the marriage was solemnized without the consent of the parents guardian or person having substitute parental authorityover 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 ashusband and wife (3) That the consent of either party was obtained by fraud unless such party afterwards with full 'nowledge of the factsconstituting the fraud freely cohabited with the other as husband and wife (!) 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 with the other ashusband and wife (5) That either party was physically incapable of consummating the marriage with the other and such incapacitycontinues and appears to be incurable or %  () That either party was afflicted with a se#ually&transmissible disease found to be serious and appears to beincurable. (5a) Art. ). Any male or female of the age of eighteen years or upwardsnot under any of the impediments mentioned in Articles %6 and %-,may contract marriage. )(a$  Art. 3*. +arriages between the following are incestuousand void from the beginning whether relationship between the parties be legitimate or illegitimate$ (%) ,etween ascendants and descendants of any degreeand (2) ,etween brothers and sisters whether of the full or half blood. (%a) Art. 3. The following marriages shall be void from thebeginning for reasons of public policy$ (%) ,etween collateral blood relatives whether legitimate or illegitimate up to the fourth civil degree (2) ,etween step&parents and step&children (3) ,etween parents&in&law and children&in&law (!) ,etween the adopting parent and the adopted child (5) ,etween the surviving spouse of the adopting parent and theadopted child () ,etween the surviving spouse of the adopted child and theadopter (*) ,etween an adopted child and a legitimate child of the adopter () ,etween adopted children of the same adopter and (-) ,etween parties where one with the intention to marry the other 'illed that other persons spouse or his  or her own spouse. -2$Art. *. 1o prescribed form or religious rite for the solemnization of the marriage is re9uired. &t shall be necessary, however, for thecontracting parties to appear personally before the solemnizingofficer and declare in the presence of not less than two witnesses of legal age that they take each other as husband and wife. hisdeclaration shall be contained in the marriage certificate which shall be signed by the contracting parties and their witnesses and attested by the solemnizing officer. &n case of a marriage in articulo mortis, when the party at the point of death is unable to sign the marriage certificate, it shall be sufficientfor one of the witnesses to the marriage to write the name of said party, which fact shall be attested by the solemnizing officer. ))a$ Art. 6. <arriage may be solemnized by; #$ Any incumbent member of the udiciary within thecourt:s urisdiction5 2$ Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by his church or religioussect and registered with the civil registrar general, actingwithin the limits of the written authority granted by hischurch or religious sect and provided that at least one of thecontracting parties belongs to the solemnizing officer:schurch or religious sect5 %$ Any ship captain or airplane chief only in the case mentioned in Article %#5 ($ Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a military operation, likewise only in the cases mentioned in Article %25 )$ Any consul4general, consul or vice4consul in the case provided in Article #. )*a$Art. %*. A marriage contracted by any party who, at the time of thecelebration, was psychologically incapacitated to comply with theessential marital obligations of marriage, shall likewise be void evenif such incapacity becomes manifest only after its solemnization. Asamended by 8'ecutive Order 226$ Art. %0. he action or defense for the declaration of absolute nullityof a marriage shall not prescribe. As amended by 8'ecutive Order 226and +epublic Act 1o. -)%%5 he phrase B7owever, in case of marriage celebrated before the effectivity of this !ode and fallingunder Article %*, such action or defense shall prescribe in ten yearsafter this !ode shall taken effectB has been deleted by +epublic Act 1o. -)%% CApproved @ebruary 2%, #00-D$. Art. (. he absolute nullity of a previous marriage may be invokedfor purposes of remarriage on the basis solely of a final udgmentdeclaring such previous marriage void. n$ Art. (#. A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before thecelebration of the subse9uent marriage, the prior spouse had beenabsent for four consecutive years and the spouse present has a well4founded belief that the absent spouse was already dead. &n case of disappearance where there is danger of death under the circumstancesset forth in the provisions of Article %0# of the !ivil !ode, anabsence of only two years shall be sufficient. @or the purpose of contracting the subse9uent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this !ode for the declaration of  presumptive death of the absentee, without preudice to the effect of reappearance of the absent spouse. -%a$  Art. 391 Civil code.  The following shall be presumed dead  for all purposes including the division of the estate among the heirs$ (%) 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 ta'en part in war and has been missing for four years (3) A person who has been in danger of death under other circumstances and his e#istence has not been 'nown for  four years. (n) Art. (2. he subse9uent marriage referred to in the preceding Articleshall be automatically terminated by the recording of the affidavit of reappearance of the absent spouse, unless there is a udgmentannulling the previous marriage or declaring it void ab initio. A sworn statement of the fact and circumstances of reappearanceshall be recorded in the civil registry of the residence of the parties tothe subse9uent marriage at the instance of any interested person, withdue notice to the spouses of the subse9uent marriage and without preudice to the fact of reappearance being udicially determined incase such fact is disputed. n$ Art. (%. he termination of the subse9uent marriage referred to in the preceding Article shall produce the following effects; (
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