Art. 11. Customs Which Are Contrary To Law, Public Order or Public Policy Shall Not Be Countenanced

Art. 11.
Customs which are

contrary to law, public order or
public policy shall not be
countenanced.
Art. 11.
Custom Defined
A custom is a rule of human action (conduct)
established by repeated acts, and uniformly
observed or practiced as a rule of society,
thru the implicit approval of the lawmakers,
and which is therefore generally obligatory
and legally binding. (See Chief Justice Arellanos definition
cited by La Jurisprudentia, Vol. 1, p. 38). *
** E.L. Paras, Civil Code of the Philippines Annotated, 17 th Edition

2013 p. 95
Art. 11.
Stimsons Law Dictionary defines a
custom
of
a
place as that which is brought about
by local usage, and is not annexed or
peculiar to any particular individual. *
**E.L. Paras, Civil Code of the Philippines Annotated, 17th Edition

2013 p. 95
Art. 11.
Requisites Before the Courts can
Consider Customs
(a)A custom must be proved as a fact,
according to the rules of evidence;
otherwise, the custom cannot be
considered as a source of right.
(Patriarcha v. Orfate, 7 Phil. 370). Thus,
there is no judicial notice of custom. (Art.
12, Civil Code).
(b) The custom must not be contrary to
law (contra legem),public order, or public
policy.
(Art.
11,
Civil
Code).
*E.L.
Paras, Civil
Code
of the
Philippines
Annotated, 17 Edition
th
2013 p. 95-96
(d) The repeated acts must have been

uniformly performed.
(e) There must be a juridical intention
(convictio juris seu necessitatis) to make a
rule of social conduct, i.e., there must be a
conviction in the community that it is the
proper way of acting, and that, therefore, a
person who disregards the custom in fact
also disregards the law.
(f) There must be a sufficient lapse of
time this by itself is not a requisite of
custom, but it gives evidence of the fact
*E.L. Paras,
Civil Code
of the Philippines
17 Edition
that
indeed
it exists
and isAnnotated,
being duly
th
2013 p. 96
Art. 11.
Law Distinguished from Custom
While ordinarily
a
law
is written,
consciously made, and enacted by
Congress,
a
custom
is
unwritten,
spontaneous, and comes from society.
Moreover, a law is superior to a custom as
a source of right. While the courts take
cognizance of local laws, there can be no
judicial notice of customs, even if local. (Art. 12,
Civil Code).
*E.L. Paras, Civil Code of the Philippines Annotated, 17th Edition

2013 p. 96
Art. 12. A custom must be

proved as a fact, according
to the rules of evidence.
Art. 12.
CUSTOMS. Custom has been defined as a
rule of conduct formed by repetition of acts,
uniformly observed (practiced) as a social
rule, legally binding and obligatory. Courts
take no judicial notice of custom. *
A custom must be proved as a fact
according to the rules of evidence. A local
custom as a source of right cannot be
considered by a court of justice unless such
custom
is
properly
established
by
competent
evidence like any other fact. *
*M.S. Sta. Maria, Persons and Family Relations Law, p. 18-19
Art. 12.
Merely because something is done as a
matter of practice does not mean that courts
can rely on the same for purposes of
adjudication as a juridical custom.
Juridical custom must be differentiated from
social custom. The former can supplement
statutory law or applied in the absence of
such statute. Not so with the latter. *
Customs which are contrary to law,
public order or public policy shall not be
countenanced. Custom, even if proven,
cannot prevail over a statutory rule or even a
legal
rule enunciated by the Supreme Court
*M.S. Sta. Maria, Persons and Family Relations Law, p. 18-19
(In the Matter of the Petition for Authority to Continue use of the Firm name
Art. 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.
If
months
are
designated by their name, they
shall be computed by the number
of days which they respectively
have.
Art. 13.
Examples of How Periods Are Compu

(a)10 months = 300 days
Thus, a debt payable in 10 months must be
paid at
the end of 300 days, and not on the same
date of a month, ten months later.

2013 p. 97
Art. 13.
(b) 1 year = 365 days
This does not, however, apply in
computing the age of a person. Thus, a
person becomes 21 years old on his 21st
birthday anniversary, and not on the date
arrived at by multiplying 21 by 365 days.
However, in case the law speaks of years
(as in prescriptive periods for crimes),it is
believed that the number of years
involved should be multiplied by 365.
Thus, if a crime that is committed today
*E.L.
Paras, Civil Code
of 10
the Philippines
Annotated,
17 Edition
prescribes
in
years,
the
end
of said
2013 p. 98
th
Art. 13.
In effect, therefore, the period will be
shorter than when the calendar reckoning
is used because certain years are LEAP
YEARS. (See NAMARCO v. Tecson, L-29131, Aug. 27,
1969).
[NOTE: Any year, except a century year, is

a leap
year if it is exactly divisible by FOUR. In
the case of a
century year the same must be exactly
divisible by 400
2013 p. 98
Art. 13.
(c) March = 31 days
This is because the month is specifically
designated
by name. (Art. 13, par. 2, Civil Code). Thus,
if in a contract it is stipulated that
performance should be done, say in the
month of March, the act can still be validly
performed on March 31.
(d) One week = seven successive days.
(Derby and Co. v. City of Modesto, 38 Pac. 901). But a week
of labor, in the absence of any agreement, is
understood
comprehend
only
six labor
*E.L.
Paras, Civil Codeto
of the
Philippines Annotated,
17 Edition
2013
p. 98 (Lee Tay & Lee Chay, Inc. v. Kaisahan
days.
th
Meaning of Day Applied to the Filing

of Pleadings
If the last day for submitting a pleading is
today, and at 11:40 p.m. (after office hours)
today it is filed, the Supreme Court has held
that it is properly fi led on time because a
day consists of 24 hours. (See De Chavez v. Ocampo
and Buenafe, 66 Phil. 76). This presupposes that the
pleading was duly received by a person
authorized to do so.
When
is
mailed
petition
considered filed, from the date of
mailing or from the time of actual
receipt by the Court?
[NOTE:
The Supreme Court, in the case of Caltex

(Phil., Inc. v. Katipunan Labor Union, L-7496, Jan. 31,
1956), held that the petition is considered filed from
the time of mailing. This is because the practice in
our courts is to consider the mail as an agent of the
government, so that the date o f mailing has always
been considered as the date of the filing of any
petition, motion or paper. In Gonzalo P. Nava v.
Commissioner of Internal Revenue, L-19470, Jan. 30,
1965, the Court held that while there is a
presumption that a letter duly directed and mailed
was received in the regular course of mail, still there
*E.L. Paras, Civil Code of the Philippines Annotated, 17 th Edition
are two facts that must first be proved before the
Computation of Periods
In computing a period, the fi rst day shall be
excluded, and the last day included. (Art. 13,
last par., Civil Code). Thus, 12 days after July
4, 2006 is July 16, 2006. In other words, we
just add 12 to the first-mentioned date.
Rule if the Last Day is a Sunday or a

Legal Holiday
If the last day is a Sunday or a legal
holiday, is the act due that day or the
following day?
It depends.
(a) In an ordinary contract, the general
rule is that an act is due even if the last
day be a Sunday or a legal holiday. Thus,
a debt due on a Sunday must, in the
absence of an agreement, be paid on
that Sunday. [This is because obligations arising
from contracts have the force of law between the
contracting parties. (Art. 1159, Civil Code).].
There are, of course, some exceptions,
(b) When the time refers to a period

prescribed or allowed by the Rules of Court,
by an order of the court, or by any other
applicable statute, if the last day is a Sunday
or a legal holiday, it is understood that the
last day should really be the next day,
provided said day is neither a Sunday nor a
legal holiday.
Art. 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. (8a)
Art. 14.
Theories of Territoriality and Generality

We adhere in the Philippines to that doctrine
in criminal law known as the theory of
territoriality; i.e., any offense com mitted
within our territory offends the state.
Therefore any person, whether citizen or
alien, can be punished for committing
a crime here. Thus, the technical term
generality came into being; it means that
even aliens, male or female come under our
territorial jurisdiction. This is because aliens
owe
some
sort
ofPhilippines
allegiance
even
if it be
*E.L. Paras,
Civil Code
of the
Annotated,
17 Edition
th
Illuh Asaali, et al. v. Commissioner of

Customs
L-24170, Dec. 16, 1968
FACTS: On Sept. 10, 1950, at about noon
time, a Philippine customs patrol team on
board Patrol Boat ST-23 intercepted five (5)
sailing vessels on the high seas between
British North Borneo and Sulu, while they
were heading towards Tawi-tawi, Sulu. The
vessels were all of Philippine registry,
owned and manned by Filipino residents of
Sulu. The cargo consisted of cigarettes
without the required import license, hence,
*E.L. Paras, Civil Code of the Philippines Annotated, 17 Edition
smuggled. They were seized by the patrol
th
ISSUE: May the seizure be made although

the vessel was on the high seas?
HELD: Yes, for the following reasons:
(a) The vessels were of Philippine registry,
hence under
the Revised Penal Code, our penal laws may
be enforced even outside our territorial
jurisdiction.
(b) It is well-settled in international law that
a state has
the right to protect itself and its revenues, a
right
th
EXCEPTION. While foreigners may be liable

for committing offenses in violation of penal
laws and those of public security and safety,
they may however be immune from suit
and, therefore, cannot be criminally
prosecuted in the Philippines in certain
cases where the Philippine government has
waived its criminal jurisdiction over them on
the basis of the principles of public
international law and treaty stipulations.
*M.S. Sta. Maria, Persons and Family Relations Law, p. 22
Under the 1961 Vienna Convention on

Diplomatic Relations of which the Philippines
is a signatory, it is provided that the person
of the diplomatic agent shall be inviolable
and he shall not be liable to any form of
arrest or detention (Article 29, Vienna
Convention).
He shall enjoy immunity from criminal
jurisdiction of the receiving state (Article 31,
Vienna Convention). A diplomatic agent,
under Article 1 of the same convention, is the
head of the mission or a member of the
diplomatic staff of the mission. Also, heads of
state who are officially visiting here in the
Art. 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)
NATIONALITY RULE. Regardless of where a

citizen of the Philippines might be, he or she
will be governed by Philippine laws with
respect to his or her family rights and
duties, or to his or her status, condition and
legal capacity. Hence, if a Filipino,
regardless of whether he or she was married
here or abroad, initiates a petition
abroad to obtain an absolute divorce from
his wife or her husband (whether Filipino or
foreigner)
and
eventually
becomes
successful in getting an absolute divorce
decree, the Philippines will not recognize
*M.S.
Sta. absolute
Maria, Personsdivorce.
and Family Relations Law, p. 23
such
This is so because, pursuant to the

second paragraph of Article 26 of the
Family Code, the only absolute divorce
which the Philippines recognizes is one
which is procured by the alien spouse of
the Philippine citizen. Hence, in the eyes
of Philippine law in so far as the Filipino is
concerned and in cases where he or she
is the one who procures the absolute
divorce abroad, his or her status is still
married and therefore should he or she
marry again, he or she can be considered
to have committed either concubinage in
case of the husband or adultery in case of
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
LAW GOVERNING REAL PROPERTIES.

The law of the country where the real property is
situated shall be the governing law over such
real property. However, with respect to the order
of succession and the amount of successional
rights, whether in intestate or testamentary
succession, they shall be regulated by the
national law of the deceased and this is
applicable regardless of the nature of the
property. Thus, in a case where a citizen of
Turkey made out a last will and testament
providing that his property shall be disposed of
pursuant to Philippine laws, the Supreme Court
ruled that such provision is illegal and void
because, pursuant to Article 10 (now Article 16)
of
the
national
lawLaw,
should
*M.S.
Sta.Civil
Maria,Code,
Persons the
and Family
Relations
p. 23-24govern
In Bellis v. Bellis, 20 SCRA 358, where a

foreigner executed a will in the Philippines
but, who, at the time of his death, was both
a national of the United States and also
domiciled in the United States, the Supreme
Court observed: Article 16, par. 2 and Article
1039 of the Civil Code render applicable the
national law of the decedent, in intestate or
testamentary succession, with regard to
four items: (a) the order of succession; (b)
the amount of successional rights; (c) the
intrinsic validity of the provisions of the will;
and (d) the capacity to succeed.
ART. 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
ART. 1039. Capacity to succeed is governed by

the law of the nation of the decedent.
Appellants would, however, counter that Article
17,
paragraph three, of the Civil Code, stating that
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.
prevails as the exception to Article 16, par. 2 of
the Civil Code afore-quoted.
This is not correct. Precisely, Congress

deleted the phrase, notwithstanding the
provisions of this and the next preceding
article when they incorporated Article 11 of
the old Civil Code as Article 17 of the new
Civil Code, while reproducing without
substantial change the second paragraph of
Article 10 of the old Civil Code as Article 16
in the new. It must have been their purpose
to make the second paragraph of Article 16 a
specific provision in itself which must be
applied to testate and intestate successions.
As further indication of this legislative intent,
Congress added a new provision, under
Article 1039, which decrees that capacity to
*M.S.
Sta. Maria,
Family Relations
25
succeed
is Persons
to beandgoverned
by Law,
thep. national
It is therefore evident that whatever public

policy or good customs may be involved in
our system of legitimes, Congress has not
intended to extend the same to the
succession of foreign nationals. For it has
specifi -cally chosen to leave, inter alia, the
amount of successional rights, to the
decedents national law.
Specific provisions must prevail over general
ones.
Appellants would also point out that the

decedent executed two wills one to govern
his Texas estate and the other his Philippine
estate arguing from this that he intended
Philippine law to govern his Philippine estate.
Assuming that such was the decedents
intention in executing a separate Philippine
will, it would not alter the law, for as this
Court ruled in Minciano v. Brimo, 50 Phil. 867,
870, a provision in a foreigners will to the
effect that his properties shall be distributed
in accordance with Philippine law and not with
his national law, is illegal and void, for his
national law cannot be ignored in regard to
those
matters
thatand
Article
10 now
16
*M.S. Sta.
Maria, Persons
Family Relations
Law, p.Article
25
The parties admit that the decedent Amos

G. Bellis was a citizen of the State of
Texas, U.S.A., and that under the laws of
Texas, there are no forced heirs or
legitimes. Accordingly, since the intrinsic
validity of the provision of the will and the
amount of successional rights are to be
determined under Texas law, thePhilippine
law on legitimes cannot be applied to the
testacy of Amos G. Bellis.
The Renvoi Problem

Renvoi literally means a referring back;
the problem
arises when there is a doubt as to whether a
reference in our law (such as Art. 16, par. 2 of
the Civil Code) to a foreign law (such as the
national law of the deceased)
(a)is a reference to the INTERNAL law of
said foreign law; or(b) is a reference to the
WHOLE of the foreign law, including its
CONFLICTS RULES.
In the latter case, if one state involved follows
the
nationality theory, and the other, the
domiciliary
theory, there is a possibility that
2013 p. 112
th
Art. 17. The forms and solemnities

of contracts, wills, and other
public
instruments
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 the Philippine
Art. 17. ( continuation..)

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)
Doctrine of Lex Loci Celebrationis

The first paragraph of the Article lays
down the rule of lex loci celebrationis
insofar as extrinsic validity (forms and
solemnities) is concerned. Thus, a contract
entered into by a Filipino in Japan will be
governed by Japanese law insofar as form
and solemnities of the contract are
concerned. Thus also, if a power of attorney
is executed in Germany, German laws and
not our Civil Code should determine its
formal validity.
(Germann and Co. v. Donaldson, Sim and Co., 1 Phil.
63).
th

2013 p. 117
EXTRINSIC VALIDITY. The law provides

clearly that the forms and solemnities of
public instruments, wills, and contracts
shall be governed by the laws of the
country where they are executed.
Thus, if in Japan, for example, it is
required that for a holographic will to be
valid the date thereof need not be in the
handwriting of the testator, then such a
will is valid even if under Philippine laws
the
contents of a holographic will, including
the date, must all be in the handwriting of
the testator.
ACTS BEFORE DIPLOMATIC AND CONSULAR

OFFICIALS
Diplomatic and consular officials are representatives
of the state. Hence, any act or contract made in a
foreign country before diplomatic and consular
officials must conform with the solemnities under
Philippine law. This is so, also, because the host
country where such diplomatic or consular officials
are assigned, by rules of international law, waives its
jurisdiction over the premises of the diplomatic
office of another country located in the said host
country. Hence, marriages between two Filipinos
solemnized by a consular official abroad must be
made following Philippine laws.
Thus, the issuance of the marriage license and
the duties of the local civil registrar and of the
solemnizing
officer
regard
to the
celebration
of
*M.S. Sta. Maria,
Personswith
and Family
Relations
Law,
p. 26
the marriage shall be performed by a consul-
PROHIBITIVE
LAWS.
Under
our
law,
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.
Hence, considering that the only ways to
terminate a marriage in the Philippines are by
nullifying a marriage or by annulling the same
on the basis of the specific grounds exclusively
enumerated under the Family Code of the
Philippines,
and and
byFamily
filing
anLaw,affidavit
of
*M.S. Sta. Maria, Persons
Relations
p. 26
reappearance for the purpose of terminating a
marriage solemnized under Article 41 of the

same code, any Filipino who procures an
absolute divorce abroad will remain, in the
eyes of Philippine law, as not having been
divorced. Thus, in a case where a Filipina
wife obtained a divorce abroad and later
remarried an American, the Filipino husband
in the Philippines can file a legal separation
case against the wife for having technically
committed adultery, considering that the
absolute divorce is not recognized in the
Philippines (See Tenchavez v. Escano, 15 SCRA 355).
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.
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)
Rule in Case of Conflict Between the Civil

Code and
Other Laws
In case of conflict with the Code of
Commerce or special laws, the Civil Code
shall only be suppletory, except if
otherwise provided for under the Civil Code.
In general, therefore, in case of conflict, the
special law prevails over the Civil Code,
which is general in nature. (Leyte A. and M. Oil Co.
v. Block, 52 Phil. 429).

2013 p. 119-120
Enriquez v. Sun Life Assurance Company

of Canada
41 Phil. 39
FACTS: A applied for a life annuity. The
insurance company accepted, and intended to
mail its acceptance, but never actually mailed
the same. So the applicant never received the
letter of acceptance. Later, the applicant died.
Was the contract ever perfected?
HELD: No, because acceptance was never
made
known to the applicant. This rule in the Civil
Code, which requires knowledge by the offer
*E.L.
Code of the Philippines
Annotated,
17 Edition
or
ofParas,
theCivil
acceptance,
can be
applied
because
th
2013 p. 120
[NOTE: (a) When the action of a plaintiff

against a ship-owner is upon a civil tort, Art.
2180 of the Civil Code applies; but when
the case involves tortious conduct resulting
in maritime collision, it is a maritime tort,
and the liability of the shipowner is
governed by the provisions of the Code of
Commerce. (Manila Steamship Co. v. Abdulhamar,L9534, Sep. 29, 1956).
(b) Under the Veterans Guardianship Act,

RA 390 (a special law), guardianship of a
minor terminates only upon reaching the
age of 21 (age of majority is now 18), not
upon
Therefore,
in 17 aEdition
case
*E.L. Paras,marriage.
Civil Code of the Philippines
Annotated,
2013 p. 120
involving
monetary benefits from the
th
When the Civil Code is Superior

There are instances when the Civil
Code expressly declares itself superior
to special laws:
(a)Common carriers The Code of
Commerce supplies the deficiency.
(Art. 1766, Civil Code).
(b) Insolvency The special laws
supply the defi ciency. (Art.
2237, Civil Code).
2013 p. 120-121
The Case of Usury

In case of conflict, the new Civil Code
applies. (Art. 1961,Civil Code). But under
another article, the new Civil Code
inconsistently says that in case of conflict,
usurious transactions are governed by
special laws. (Art. 1175, Civil Code). See Liam
Law v. Olympic Sawmill Co. & Elino Lee Chi, L-30771, May28,
1984,
however, where the Supreme Court

held that for sometime now usury has
been legally non-existent; interest can now
be charged as lender and borrower may
agree
*E.L.
Paras, upon.
Civil Code of the Philippines Annotated, 17 Edition
th
2013 p. 121
CHAPTER 2
HUMAN
RELATIONS
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.
Why the Code Commission Formulated a

Chapter on
Human Relations
A chapter on human relations was
formulated to present some basic principles
that are to be observed for the rightful
relationship between human beings and the
stability of the social order. The lawmaker
makes it imperative that everyone duly
respect the rights of others. (Report, p. 39).
Indeed this Chapter is calculated to indicate
certain norms that spring from the fountain
of good conscience. These guides for human
conduct should run as golden threads
*E.L.
Paras, Civilsociety,
Code of the Philippines
17 Edition
through
to theAnnotated,
end that
law may
th
RIGHTS MUST NEVER BE ABUSED; THE

MOMENT THEY ARE ABUSED, THEY CEASE
BEofRIGHT
In the celebratedTO
case
Dominador R. Aytona v.
Andres
Castillo, et al. (L-19313, Jan. 19, 1962), the
Supreme Court held that although President Carlos
P. Garcia was still President up to noon Dec. 30,
1961
(his
successor,
President
Diosdado
Macapagal was scheduled to assume the
Presidency on said date) he should not have
issued mass midnight appointments on
December 26, 1961. Such an act may be regarded
by the successor as an abuse of Presidential
prerogatives, the appointments detracted from
that degree of good faith, morality, and propriety
which form the basic foundation of claims to
ANONYMOUS COMPLAINTS
ANONYMOUS COMPLAINT V. ARAULA AM
1571-CFI
FEB. 7, 1978
Although the Supreme Court does not as a rule
act on anonymous complaints, cases are
excepted in which the charge (concealment of
the pendency of a criminal case by a person at
the time he applied for appointment to the
judiciary) can be fully borne by public records of
indubitable
integrity,
thus
needing
no
corroboration by evidence to be offered by
complainant, whose identity and integrity can
hardly be material where the matter involved
is
th
of public interest.
INEXPERIENCED COUNSEL DE
OFICIO
LAMES V. LASCIERAS
AM 1919, MAR. 30, 1979
FACTS: A counsel de ofi cio defended his
client without the ability of a more
experienced
and
competent
lawyer.
Should the counsel de ofi cio be
disbarred?
HELD: No, because said incompetence
does not necessarily
th
EFFECT OF A PLEA FOR SOCIAL

JUSTICE
SALONGA V. FARRALES
L-47088, JULY 10, 1981
(a)The law on obligations and contracts
cannot be nullified just because of a plea for
social justice. To so nullify is beyond the
power of the courts.
(b)Social justice provisions in the 1973
Constitution cannot defeat the law on
obligations and contracts, and cannot take
*E.L.
Paras,
Civil Code
of the a
Philippines
Annotated,
17 Edition
away
rights
from
person
and give
them to
th
EFFECT OF A VEILED THREAT ON

DISPENSERS OF JUSTICE
IN RE: LAURETA AND MARAVILLAILUSTRE
GR 68635, MAR. 12, 1987
To subject justices to the threat of an
investigation or prosecution for offi cial acts
is to subvert their independence.
LAW AND EQUITY

ESCONDE V. BARLONGAY
GR 67583, JULY 31, 1987
Justice is done according to law. As a
rule, equity follows the law. There may be
a moral obligation, often regarded as an
equitable
consideration
(meaning
compassion) but if there is no enforceable
legal duty, the action must fail although
the
disadvantaged
party
deserves
commiseration or sympathy.
BAD FAITH
SEA COMMERCIAL CO., INC. V. CA
GR 122823, NOV. 25, 1999, 116 SCAD 198
By appointing as dealer of its agricultural
equipment, the corporation recognized the role and
undertaking of the dealer to promote and sell said
equipment.
After
being
informed
of
the
demonstration, the dealer had conducted to
promote the sales of the equipment, including the
operations at the dealers expense conducted for 5
months, and the approval of its service facilities by
the dealer, the corporation participated in the
bidding for the said equipment at a lower price,
placing itself in direct competition with its own
*E.L.
Paras,The
Civil Code
of the Philippines
17th Edition
dealer.
actuations
of the Annotated,
corporation
are tainted
SEXUAL HARASSMENT IS ABOUT

POWER EXERCISED BY A SUPERIOR
OVER A SUBORDINATE
PAISTE V. MAMENTA, JR.

412 SCRA 403 (2003)
Sexual harassment in the workplace is
not about a man taking advantage of a
woman by reason of sexual desire it is
about POWER being exercised by a
superior over his women subordinates.
In the instant controversy, owing to
respondents sexual harassment, the
Supreme Court held that it constituted
serious misconduct prejudicial to the
*E.L.
Paras, Civil
the Philippines
Annotated,
17 Edition
interest
ofCode
theof service
which
warrant
his
th
Art.
20.
Every
person
who,
contrary
to
law,
willfully
or
negligently causes damage to
another, shall indemnify the latter
for the same.
WILLFUL OR NEGLIGENT ACTS

The article punishes illegal acts
whether done willfully or negligently.
Thus, in the law of torts or quasidelicts Whoever by act or omission
causes damage to another, there
being fault or negligence, is obliged to
pay for the damage done. (Art.2176,
Civil Code).
The mere possession of a slot machine or

even its operation for amusement and not
for profit does not constitute a crime, in the
absence of a law that regards its operation
as a crime. In fact, a slot machine is not a
gambling device per se, because by itself, it
can be operated legally as well as illegally.
(Owners of 51 Jackpot Slot Machines v. Director of the NBI,L-
Slot machines which are

actually made for gambling purposes are of
course illegal and may be destroyed by the
proper authorities.
18899, Feb. 29, 1964).
FERNANDO V. CA
GR 92087, MAY 8, 1992
Negligence has been defined as the failure
to observe for the protection of the interests
of another person that degree of care,
precaution
and
vigilance
which
the
circumstances greatly demand, whereby
such other person suffers injury.
Acts resulting from negligence may
vary
in
nature,extent,
and
resulting
consequences. This is why, particularly in
criminal cases, courts are given greater
leeway or discretion in imposing the proper
penalty, and are not bound to mathematical
formulas for the lowering of degrees of
th
TORTS
Art. 20 introduces a broader concept
of torts in our country, for it embraces:
(a)The Spanish tort based on
negligence. (Art. 1902, oldCivil Code,
see Caguioa, Civil Law, Vol. I, p. 19).
(b) And the American tort based
on malice. (Prosser, Torts, p. 4; see
Caguioa, Civil Law, Vol. I, p. 19).
WHEN NO ACTION FOR DAMAGES

WOULD PROSPER
If someone be damaged, he does not
necessarily have the right to be
indemnified. It is essential that some right
of his be impaired.
Art. 21. Any person who willfully

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.
Article 21 deals with acts contra bonus

mores, and has the following elements:
1)There is an act which is legal;
2) but which is contrary to morals, good
customs, public order, or public policy;
3) and it is done with intent to injure
(Albenson
It
presupposes loss or injury, material or
otherwise, which one may suffer as a result
of such violation (Cogeo-Cubao Operators and Drivers
Enterprises Corp. v. Court of Appeals, 217 SCRA 16).
*M.S.
Sta. Maria,
Persons
Family207
Relations
Association
v. Court
of and
Appeals,
SCRA Law,
343).p. 33
Article 21 Distinguished from Article 20

(a) In Art. 21 The act is contrary to
morals, good customs, or public policy.
In Art. 20 The act is contrary to law.
(b) In Art. 21 The act is done willfully.
[NOTE: Willful may mean not merely
voluntarily
but with a bad purpose. (U.S. v. Ah Chong, 15
Phil. 488;
People v. Parel, 44 Phil. 437).].
In Art. 20 The act is done either
willfully or negligently.
CAN THERE BE AN ACTION FOR

BREACH OF PROMISE TO MARRY?
(a) For the recovery of actual damages,
YES. Thus, if a person gives another P500
because the latter promised to marry the
former, and the promise is not fulfilled, the
money
given
can
be
recovered.
(DOMALAGAN V. BOLIFER, 33 PHIL. 471).
Thus also, if a teacher resigns from her
position because of a mans promise to
marry her, she can recover indemnity for
damages if later on the promise is not
fulfilled. (Garcia v. Del Rosario, 3 Phil. 189). The same
thing may be said for the recovery of
*E.L.
Paras, Civil Code
of the Philippines
Annotated,
17 Edition
wedding
expenses,
such
as the
wedding
th
Recovery of Moral Damages

In Hermosisima v. Court of Appeals, et al.,
L-14628,
Sep. 30, 1960, the Supreme Court held
that under the Civil Code, there can be no
recovery of moral damages for a
breach of promise to marry, AS SUCH,
the omission in the Civil Code of the
proposed Chapter on Breach of Promise
Suits is a clear manifestation of legislative
intent not to sanction as such, suits for
breach of promise to marry, otherwise
many innocent men may become the
victims of designing and unscrupulous
2013 p. 142
th
However, if there be seduction (as defined in

Arts. 337 and 338 of the Revised Penal Code),
moral damages may be recovered under Art.
2219, par. 3, of the Civil Code.
The Court, however, implied that if there be
moral seduction as distinguished from criminal
seduction, there MAY BE a grant of moral
damages, possibly under Art. 21. In said
Hermosisima case, however, it was the woman
who
virtually
seduced
the
man,
by
surrendering herself to him because she, a
girl 10 years OLDER, was overwhelmed by her
*E.L. Paras,
Code (See
of thealso
Philippines
17Jr.,Edition
love
forCivil
him.
EstopaAnnotated,
v. Piansay,
L-14733, Sep.
th
2013 p. 142
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.
No person should unjustly enrich himself at

the expense of another. (Nemo cum alterius
detrimento
protest).
(Report,
Code
Commission; see also Art. 2142 on quasicontracts). It ought to be noted, however,
that when property is obtained by virtue of a
final judgment of a court, Art. 22 cannot
apply. (See Escudero v. Flores, 51 O.G. 3444).

2013 p. 149
The requisites for the application of this

doctrine are
present in the instant case. There is
enrichment on the part of the petitioner,
as the State would come into possession
of and may technically appropriate the
more than one thousand fruit-bearing
trees planted by the private respondent.
There is impoverishment on the part of
Reyes, because he stands to lose the
improvements
he
had
painstakingly
planted and invested in. There is lack of
valid cause for the State to acquire these
**M.S. Sta. Maria, Persons and Family Relations Law, p. 42
improvements, because, as discussed
Example
A owed B a sum of money evidenced by a
promissory note. At maturity, A paid, and a
receipt was given him. When later on he
was again asked to pay, he could not find
the receipt, so to avoid trouble he paid
again. Subsequently, he found the missing
receipt. Can he now get back what he had
intentionally (but unwillingly) paid?
ANSWER: Yes, in view of Art. 22, which
incidentally
*E.L.
Paras, Civil
Codeaccion
of the Philippines
Annotated,
treats
of an
in rem
verso.17 Edition
th
2013 p. 150
Article 23. Even when an act or

event
causing
damage
to
anothers 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.
UNJUST ENRICHMENT. No person can

claim what is not validly and legally his or
hers. Hence, he or she should not unduly
profit on something which does not
meritoriously belong to him or her. *
Example
Without As knowledge, a fl ood drives his
cattle to the cultivated highland of B. As
cattle are saved, but Bs crops are
destroyed. True, A was not at fault, but he
was benefited. It is but right and equitable
that he should indemnify B. (Code Commission,
p. 42; See Art. 941, Civil Code of Argentina). **
**E.L. Paras, Civil Code of the Philippines Annotated, 17th Edition
2013 p. 152
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.
COURT VIGILANCE. The courts must

render justice and, therefore, they must be
very vigilant in protecting the rights of the
disadvantaged with the end in view that any
decision will be in consonance with what is
right and legal. *
Reason for the Courts Protection of
the Underdog
The law takes great interest in the welfare
of the weak and the handicapped. Thus, we
have parens patriae.**
2013 p. 152
Literally, parens patria means father or

parent of his country. In the U.S. (as in
the Philippines), the phrase refers to the
sovereign
power
of
the
state
in
safeguarding the rights of person under
disability, such as the insane and the
incompetent.(In re: Turner, 94 Kan. 115). Thus, were
the law always to be applied strictly, there
would be danger that injustice might arise
(summun jus, summa injuria). (Reyes and Puno,
Outline of Phil. Civil Law, p. 43, citing, Cicero, De Offi ciis).
The State as parens patriae is under the

obligation to minimize the risk to those who
because of their minority, are as yet unable
*E.L.
Paras,
Civil care
Code of the
Philippines
Annotated,fully.
17 Edition
to
take
of
themselves
(People v.
2013 p. 152
th
Meaning of Vigilant for His

Protection
The phrase in general means that in case
of doubt, the doubt must be resolved in
favor of the underdog. Thus, in labor
contracts, doubts are resolved in favor of
the decent living and safety of the worker.
(See Art. 1702, Civil Code).

2013 p. 153
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.
EXTRAVAGANCE DURING EMERGENCY.

The law seeks
to prevent inconsiderate and ostentatious
activities during times of emergency.
However, Article 25 specifically provides for
the entities which are given legal standing
to seek an injunction: any government or
private charitable institution. *
Who Can Bring the Action?

Only a charitable institution (whether
government or private) may bring the
action. The Mayor of a city, should he desire
to stop an alleged display of extravagance
by a social organization cannot summarily
order the stopping all by himself. He has to
ask for a court order. A Mayor indeed
cannotjust take the law into his own hands,
no matter how noble or
sincere his motive may be.
2013 p. 170
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:
(1) Prying into the privacy of anothers
residence;
(2) Meddling with or disturbing the
private
life or family relations of another;
(3) Intriguing to cause another to be
alienated
Duty to Respect Dignity and Privacy

This Article enhances human dignity and
personality.
Social equality is not sought, but due
regard
for decency and propriety. (Report,
Remedies
Code Commission, pp. 33-34).
(a) An action for damages;

(b) An action for prevention;
(c) Any other relief.
[A civil action may be instituted even if no
crime is involved, and moral damages may
be obtained. (See Arts. 29 and2219, Civil Code).].

2013 p. 170-171
Scope
(a)Prying into the privacy of anothers
residence includes by implication respect
for anothers name, picture, or personality
except insofar as is needed for publication of
information and pictures of legitimate news
value. (Prosser, Torts, p. 1050).
(b) Meddling with or disturbing the
private life or family relations of
another includes alienation of the
affections of the husband or the wife. (Prosser,
Torts, p. 916). (Thus, a girl who makes love to a
married man, even if there be no carnal
*E.L.
Paras, Civil Code
of the Philippines
Edition and
relations,
disturbs
his Annotated,
family17 life,
th
2013 p. 171
(c) Intriguing to cause another to be

alienated from his
friends includes gossiping, and reliance
on hearsay.
(d) Vexing or humiliating includes
criticism of ones health or features without
justifiable legal cause. (138 A.L.R. 25). Religious
freedom does not authorize anyone to heap
obloquy and disrepute upon another by
reason of the latters religion. (Commission Report,
p. 33).

2013 p. 171
Art. 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.
REFUSAL OR NEGLECT IN THE

PERFORMANCE OF OFFICIAL DUTY
The article refers to a public servant or
employee. Taken from Art. 839 of the
German Civil Code, the purpose of Art. 27 is
to end the pabagsak or bribery system,
where the public official for some flimsy
excuse, delays or refuses the performance
of his duty until he gets some kind of
pabagsak. (See Bocobo, Study of Proposed Civil Code
Changes, 16 Lawyers Journal, p. 97).

2013 p. 172
In a sense, it may be said that there are

three kinds
of bribes:
1) the pabagsak the gift given so that
an illegal thing may be done.
2) the pampadulas the gift given to
facilitate or
expedite the doing of a legal thing.
3) the pampasalamat the gift given in
appreciation
of a thing already done.
[NOTE: An administrative case will generally
be
provisionally
dismissed, where a criminal
2013 p. 172
th
RELIEF AGAINST PUBLIC OFFICIALS

A public official is supposed to be an agent
or at least a representation of the
government and, therefore, the law exacts
on him or her an obligation to be very
vigilant and just so that the public can be
assured that the government is truly
effective in servicing their needs. Any
person, suffering from the refusal or
neglect of any government employee or
public servant to perform his duties, is
entitled to damages.
Example
(a) A goes to a government offi ce where B,
an administrative clerk, instead of attending
to A (upon As request) just reads the
newspaper. If A suffers material or moral loss,
B will be liable. Also, if B refuses to perform
his duty unless given a bribe, damages may
be asked of him in addition to the proper
criminal and administrative liabilities.

2013 p. 175
Example
A Chief of Police who, instead of giving legal
assistance
to the victim of an assault, intimidates and
harasses said
victim, his father, and his witnesses is liable
for damages
under Art. 27. This is so even if other
remedies (such as
an administrative charge against the chief of
police and
the filing of a criminal complaint with the offi
ce of the city attorney for such assault) are
also
available to the victim. (Amaro, et al. v.
2013
p. 175
th
Art. 28. Unfair competition in

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
to a right of action by the person
who thereby suffers damages.
UNFAIR COMPETITION
The 1947 Civil Code Commission justifies
the inclusion of this provision by saying
that it is necessary in a system of free
enterprise.
Democracy
becomes
a
veritable mockery if any person or group
of persons by any unjust or highhanded
method may deprive others of a fair
chance to engage in business or earn a
living (Report of the Code Commission, page 31).
REASON
FOR
PREVENTING
UNFAIR
COMPETITION
The above provision is necessary in a system
of free enterprise. Democracy becomes a
veritable mockery if any person or group of
persons by any unjust or high-handed method
may deprive others of a fair chance to engage
in business or to earn a living. (Report, Code
Commission, p. 31). This Article is intended to lay
down a general principle outlawing unfair
competition, both among enterprises and
among laborers. Unfair competition must be
expressly denounced in this Chapter because
same tends to undermine free enterprise.
While
competition is necessary in a free
2013 p. 142
th
Article 29. When the accused in

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
Article 29..continuation
If in a criminal case the judgment
of acquittal
is based upon reasonable doubt,
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.
CIVIL ACTION. Proof beyond reasonable

doubt means that amount of proof which
forms an abiding moral certainty that the
accused committed the crime charged. It is
not, therefore, absolute certainty. However,
such degree of proof is more exacting than
what is needed in a civil case which is
merely
preponderance
of
evidence.
Preponderance of evidence means that, as
a whole, the evidence adduced by one side
outweighs that of the adverse party
(Sarmiento v. Court of Appeals, G.R. No.
96740,
March
25,and
1999).
*M.S. Sta. Maria,
Persons
Family Relations Law, p. 50
Example of Civil Action After Acquittal In

a Criminal
Case
A was accused of theft, but he was acquitted
because his
guilt had not been proved beyond reasonable
doubt. B, the offended party, can institute the
civil action for damages for the same act and
this time, mere preponderance of evidence is
sufficient. (Art. 29, Civil Code).

2013 p. 183
[NOTE: An acquittal on the ground that the

guilt of the defendant has not been
satisfactorily established is equivalent to
one on reasonable doubt, and does not
preclude or prevent a civil suit under Art.
29. (Machinery and Engg. Supplies, Inc.
v. Quintano, L-8142, Apr. 27, 1956).].
[NOTE: Art. 29 does not speak of an

independent civil
action.]

2013 p. 183-184
Criminal and Civil Liabilities

Under the Revised Penal Code (Art. 100) a
person criminally liable is also civilly liable.
The two liabilities are separate and distinct
from each other; the criminal aspect affects
the social order; the civil, private rights. One is
for the punishment or correction of the
offender, while the other is for reparation of
damages suffered by the aggrieved party.
(Report, Code Commission, p. 45). Thus, even if the
accused be acquitted because of prescription
of the crime, he is released only from criminal
responsibility, not civil liability; otherwise, the
victim
would be prejudiced. (Sombilla and Positos v.
2013 p. 184
th
Reason for Art. 29

Criminal liability is harder to prove than civil
liability because the former demands proof of
guilt beyond reasonable doubt; the other,
mere preponderance of evidence. Now then if
criminal conviction is not obtained because of
reasonable doubt there is still a chance that
the civil liability can be held to exist because
of preponderance of evidence.

2013 p. 185

Art. 11. Customs Which Are Contrary To Law, Public Order or Public Policy Shall Not Be Countenanced

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Art. 11. Customs Which Are Contrary To Law, Public Order or Public Policy Shall Not Be Countenanced

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Art. 11.

Customs which are

** E.L. Paras, Civil Code of the Philippines Annotated, 17 th Edition

**E.L. Paras, Civil Code of the Philippines Annotated, 17th Edition

(d) The repeated acts must have been

*E.L. Paras, Civil Code of the Philippines Annotated, 17th Edition

Art. 12. A custom must be

Art. 13. When the laws speak of

Examples of How Periods Are Compu

*E.L. Paras, Civil Code of the Philippines Annotated, 17th Edition

[NOTE: Any year, except a century year, is

Meaning of Day Applied to the Filing

The Supreme Court, in the case of Caltex

*E.L. Paras, Civil Code of the Philippines Annotated, 17 th Edition

Rule if the Last Day is a Sunday or a

There are, of course, some exceptions,

(b) When the time refers to a period

*E.L. Paras, Civil Code of the Philippines Annotated, 17 th Edition

Art. 14. Penal laws and those of

Theories of Territoriality and Generality

Illuh Asaali, et al. v. Commissioner of

ISSUE: May the seizure be made although

EXCEPTION. While foreigners may be liable

*M.S. Sta. Maria, Persons and Family Relations Law, p. 22

Under the 1961 Vienna Convention on

Art. 15. Laws relating to family

NATIONALITY RULE. Regardless of where a

This is so because, pursuant to the

Article 16. Real property as well

LAW GOVERNING REAL PROPERTIES.

In Bellis v. Bellis, 20 SCRA 358, where a

ART. 16. Real property as well as

ART. 1039. Capacity to succeed is governed by

*M.S. Sta. Maria, Persons and Family Relations Law, p. 24

This is not correct. Precisely, Congress

It is therefore evident that whatever public

*M.S. Sta. Maria, Persons and Family Relations Law, p. 25

Appellants would also point out that the

The parties admit that the decedent Amos

*M.S. Sta. Maria, Persons and Family Relations Law, p. 25

The Renvoi Problem

Art. 17. The forms and solemnities

Art. 17. ( continuation..)

Doctrine of Lex Loci Celebrationis

*E.L. Paras, Civil Code of the Philippines Annotated, 17 Edition

EXTRINSIC VALIDITY. The law provides

ACTS BEFORE DIPLOMATIC AND CONSULAR

marriage solemnized under Article 41 of the

Article 30. When a separate civil

Article 18. In matters which are

Rule in Case of Conflict Between the Civil

*E.L. Paras, Civil Code of the Philippines Annotated, 17 th Edition

Enriquez v. Sun Life Assurance Company

[NOTE: (a) When the action of a plaintiff

(b) Under the Veterans Guardianship Act,

When the Civil Code is Superior

The Case of Usury

however, where the Supreme Court

Art. 19. Every person must, in the

Why the Code Commission Formulated a

RIGHTS MUST NEVER BE ABUSED; THE

EFFECT OF A PLEA FOR SOCIAL

EFFECT OF A VEILED THREAT ON