Civil Law

• Civil Code of the Philippines is Republic Act 386
• Civil Code of the Philippines took effect

  August 30, 1950
• Civil Code of the Philippines


  A collection of laws regulating the private relations of the members of civil society, determining their rights and obligations with reference to persons, things, and civil acts
• Civil Code of the Philippines governs

  • The relations of private parties regarding their status, rights, and duties on property ownership, contractual relations, and liability for torts
• CATCH-ALL PROVISIONS


  • Article 19: Every person must act with justice, give everyone his due, and observe honesty and good faith
  • Article 20: Every person who causes damage to another contrary to law shall indemnify the latter
  • Article 21: Any person who willfully causes loss or injury to another contrary to morals, good customs, or public policy shall compensate the latter
  • Article 22: Every person who acquires something at the expense of another without just or legal ground shall return the same to him
  • Article 23: Even when an act causing damage to another’s property was not due to the fault of the defendant, the latter shall be liable for indemnity if benefited
  • Article 24: Courts must protect parties at a disadvantage due to moral decadence, ignorance, etc.
  • Article 25: Thoughtless extravagance in expenses for pleasure during public want may be stopped by court order
  • Article 26: Every person shall respect the dignity, personality, privacy, and peace of mind of others
• Marriage


  Special contract of permanent union between a man and a woman for the establishment of conjugal and family life
• Requisites for Marriage


  • Not provided
• Natural Persons


  • Human beings starting at birth and ending at death
• Juridical Persons


  • Created by fiction of law, including the State, political subdivisions, corporations, partnerships, and associations
• Marriage is the foundation of a family and an inviolable social institution governed by law
• Essential requisites of marriage

  • Legal capacity of the contracting parties (male and female)
  • Must be 18 years old or above
  • Not under any impediment mentioned in Articles 37 and 38
  • Consent freely given in the presence of the solemnizing officer
• Formal requisites of marriage

  • Authority of the solemnizing officer
  • A valid marriage license
  • A marriage ceremony with the appearance of the contracting parties before the solemnizing officer and their personal declaration in the presence of not less than two witnesses
• By virtue of their marriage


  The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support
• By virtue of their marriage


  The husband and wife shall fix the family domicile. In case of disagreement, the court shall decide
• By virtue of their marriage

  The spouses are jointly responsible for the support of the family. The expenses for such support and other conjugal obligations shall be paid from the community property and, in the absence thereof, from the income or fruits of their separate properties
• By virtue of their marriage


  The management of the household shall be the right and duty of both spouses
• By virtue of their marriage


  When one of the spouses neglects his or her duties to the conjugal union or commits acts which tend to bring danger, dishonor, or injury to the other or to the family, the aggrieved party may apply to the court for relief
• By virtue of their marriage

  Either spouse may exercise any legitimate profession, occupation, business, or activity without the consent of the other. The latter may object only on valid, serious, and moral grounds
• Property


  All things which are or may be the object of appropriation
• Types of property


  • Immovable (real property)
  • Movable (personal property)
• Succession


  A mode of acquisition by virtue of which the property, rights, and obligations of a person are transmitted through death to another by will or by operation of law
• Natural Obligations


  Not based on positive law but on equity and natural law, do not grant a right of action before voluntary fulfillment by the obligor
• Civil Obligations


  Give a right of action to compel their performance. It is a juridical necessity to give, to do, or not to do
• Once you enter the legal age of 18, you have civil obligations and criminal liability
• Sources of civil obligations

  • Law
  • Contracts
  • Quasi-Contracts
• Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith
• Quasi-Contracts refer to the juridical relation that arises through certain lawful, voluntary, and unilateral acts to prevent unjust enrichment or benefit at the expense of another
• Acts or Omissions punished by Law

  • Bayad buwis
• Obligations arising from criminal offenses
• Quasi-Delicts


  • Torts and damages
• You have to pay in case you cause injury or damage to someone
• NATURE AND EFFECT OF OBLIGATIONS

  Every person obliged to give something is also obliged to take care of it with proper diligence of a good father of a family, unless the law or the stipulation of the parties requires another standard of care
• KINDS OF OBLIGATIONS


  • Pure Obligations
  • Conditional Obligations
  • Obligation with a period
  • Alternative obligations
  • Joint and solidary obligations
  • Obligations with a Penal Clause
• Contracts


  Meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service
• Elements of Contract


  • The parties of the contract
  • Subject
  • Consideration
  • Meeting of the minds
• The contracting parties may establish stipulations, clauses, terms, and conditions as they deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy
• PRINCIPLES/RULES OF CONTRACTS


  • Obligatory force of contracts
  • Mutuality of Contracts
  • Relativity of Contracts
  • Autonomy of Contracts
• Trust


  The fiduciary relationship between one person having equitable ownership in property and another owing the legal title to such property
• Sales


  A contract where one party obligates to transfer ownership and deliver a determinate thing, and the other pays a price
• The contract of sale is perfected at the moment there is a meeting of minds concerning the object and its price