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List of Articles and Their Topics SOURCE: PARAS book Republic Act No. 386 The Civil Code of the Philippines AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES Enacted on: June 18, 1949 Date of Effectivity: August 30, 1950 PRELIMINARY TITLE Chapter 1 – Effect and Application of Laws 1 Title of the Civil Code 2 When Laws Take Effect Publishing Material Lara v Del Rosario (1954) – circulation versus publication Tañada v Tuvera 3 Ignorance of the Law (Ignorantia legis non excusat) Differentiated from Ignorance of the fact 4 No Retroactivity of Laws Exceptions Prospectivity – reasons 5 Acts Contrary to Mandatory Law Directory Statutes Exceptions 6 Waiver of Rights Exceptions Requisites for a valid waiver Rights that cannot be renounced Rights that can be renounced 7 Repeal of Laws Kinds of Repeal Sources of law Rule for general and special laws Lapse of Laws Unconstitutional laws grounds Executive fiat cannot correct a mistake on law Supremacy Clause No collateral attack Operative fact 8 Judicial Decisions Changing final judgments Doctrine of Stare Decisis Obiter Dicta How judicial decisions may be abrogated When final judgments may be changed Barangay courts 9 Duty of the Judge if the law is silent 10 Dura lex sed lex Congressional debates Comment of the Code Commission

List of Articles and Their Topics Rules in Statutory Construction 11 Customs defined Applicability of Customs Customs contrary to law Requisites before the courts can consider customs Law versus Custom 12 Custom as a fact Presumption of Acting in Accordance with Custom When a custom is presumed non-existent Kinds of custom 13 Computation of Legal Period Rule if the Last Day is a Sunday or a Legal Holiday 14 Applicability of Penal Laws Theories of Territoriality and Generality Exceptions Extraterritoriality Private international Law 15 Status Nationality Principle/National Law Theory Capacity to Enter into ordinary contract, code of commerce, other relations governed by the national law of the person 16 Lex Rae Sitae Exceptions Defect of Art 16, Par 2 Renvoi problem Christensen vs. Christensen Bellis vs. Bellis 17 Lex Loci Celebrationis Intrinsic validity of contracts - Lex Intentionis or Lex Voluntatis Miciano vs. Brimo Exterritoriality Rule respecting prohibitive laws Formalities for the Acquisition, Encumbering, or Alienation of Property – Lex Rae Sitae 18 Deficiency of Commercial code and special laws supplied by this code Rule in case of conflict between the civil code and other laws When the Civil code is superior Usury now legally non-existent, governed by special laws Rule in Statutory Construction when it comes to special laws Chapter 2 – Human Relations 19 Damnum Absque Injuria When Rights are Abused Observance of Honesty and Good faith Plea for social justice Law and equity – equity follows the law 20 Indemnification of Damages When Laws do not provide for Indemnification Willful or Negligent Acts

List of Articles and Their Topics 21 Contra Bonus Morem When there are no laws providing for moral wrong Breach of promise to marry 22 Accion in Rem Verso Duty to return what was acquired unjustly or illegally 23 Negotiorum Gestio Duty to Indemnify Because of the Benefit Received 24 Doctrine of Parens Patriae Courts’ Protection of the Underdog 25 Thoughtless Extravagance 26 Duty to Respect Dignity and Privacy Scope of the Article 27 Refusal or Neglect in the Performance of Official Duty 28 Unfair Competition Methods of Unfair Competition 29 Civil Action after Acquittal in a Criminal Case 30 Civil Liability Arising from an Unprosecuted Criminal Offense 31 Independent Civil Action 32 Breach of Constitutional and other rights Implementation of Constitutional Civil Liabilities 33 Independent Civil Action for Defamation, Fraud, and Physical injuries 34 Independent Civil Action for the Liability of City or Municipal Police Force 35 Rule if No Independent Civil Action is Granted 36 Prejudicial Questions Requisites of Prejudicial Questions BOOK I PERSONS Title I. - CIVIL PERSONALITY Chapter 1 - General Provisions 37 Definition of Juridical Capacity Definition of Capacity to Act 38 Restrictions on Capacity to Act 39 Modifications or Limitations on Capacity to Act Chapter 2 - Natural Persons 40 Beginning of Personality Presumptive personality 41 How Civil Personality is Extinguished (Death) 42 Effects of Physical Death 43 Presumptions on Survivorship under the Revised Rules of Court Chapter 3 - Juridical Persons 44 Enumeration of Juridical Persons Classification of Juridical Persons 45 Determination of Nationality of Juridical Persons 46 Rights of Juridical Persons 47 Rule if Public Juridical Persons are Dissolved Title II. - CITIZENSHIP AND DOMICILE

List of Articles and Their Topics 48 Enumeration of the Citizens of the Philippines 49 Naturalization Qualification for Naturalization 50 Domicile Kinds of Domicile 51 Rules for Determining the Domicile of Juridical Persons Jurisdiction over crimes committed on board foreign vessels while in Philippine waters: 1. If the foreign vessel is a warship, our courts have no jurisdiction as such is an extension of the country to which it belongs and is not subject to the laws of another state. (US v. Fowler, 1 Phil. 614) 2. If the foreign vessel is a merchant vessel, there are two rules as to jurisdiction, namely: French rule is that crimes committed on board are not triable in our country unless those affect the peace and security of our country English rule is that crimes are triable unless such crimes affect merely the internal management of the vessel. The English rule is followed in our jurisdiction. EXECUTIVE ORDER NO. 200 (June 18, 1987) - Providing for the publication of laws either in the Official Gazette or in a newspaper of general circulation in the Philippines as a requirement for their effectivity AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS - (December 8, 1930) Preliminary Article — This law shall be known as "The Revised Penal Code." BOOK ONE GENERAL PROVISIONS REGARDING THE DATE OF ENFORCEMENT AND APPLICATION OF THE PROVISIONS OF THIS CODE, AND REGARDING THE OFFENSES, THE PERSONS LIABLE AND THE PENALTIES Preliminary Title DATE OF EFFECTIVENESS AND APPLICATION OF THE PROVISIONS OF THIS CODE Article 1. Time when Act takes effect. — This Code shall take effect on the first day of January, nineteen hundred and thirty-two Art. 2. Application of its provisions. — Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those who: 1. Should commit an offense while on a Philippine ship or airship 2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands; 3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number; 4. While being public officers or employees, should commit an offense in the exercise of their functions; or 5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code

List of Articles and Their Topics SOURCE: STA. MARIA book

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THE FAMILY CODE OF THE PHILIPPINES (Executive Order 209, July 6, 1987, as amended by Executive Order 227, July 17, 1987) Effectivity: August 3, 1988 Title I MARRIAGE Chapter I - Requisites of Marriage Meaning of Marriage Nature and Importance of Marriage Marriage as Status Legislative Control Essential requisites of marriage Formal requisites of marriage Rule in case of absence in either, defect in essential requisites, and irregularity in the formal requisites Age of majority for marriage (18) No prescribed form of marriage/rule in articulo mortis Legal capacity Contracting parties must be of different sex Authority of the Solemnizing Officer Valid Marriage License Marriage Ceremony Witnesses in Marriage Ceremony Authorized Solemnizers of Marriage Requisites Rule in case of good faith of the parties Venue of the marriage Place of issuance of marriage license Marriage solemnized by Consular Officials Requisites for solemnization by Consular Official Documentary Requirements Purpose of Documentary Requirements Marriage Application Presentation of original birth certificate or baptismal certificate Rule if there are no original birth certificate or baptismal certificate Rule in case either of the contracting parties has been previously married Rule in case there are no emancipation by a previous marriage - Already repealed and no legal consequences - Still requires parental consent No more Emancipation by marriage (Article 234, as amended by Republic Act No. 6809) Parental advice for ages 21-25 Rule in case there are none Marriage counselling for parties where parental consent and advice is needed Duty of the local civil registrar Notice made by the local civil registrar Rule in case of any impediment known to the local civil registrar Payment of fees Investigative power of local civil registrar and court intervention

List of Articles and Their Topics Criminal liability of local civil registrar 20 Duration of the validity of marriage license 21 Certificate or affidavit of legal capacity (for citizens of a foreign country) Rule in case of stateless persons or refugees from other countries 22 Other requirements for marriage certificate 23 Duty of the solemnizing officer to furnish marriage certificate Presumption of Marriage Proof of Marriage Proof to attack the validity of the marriage Declaratory Relief 24 Additional duties for local civil registrar (documents) 25 Recording of applications for marriage license (marriage register) Effect of duty of local civil registrar 26 Validation provision International Comity Exception Proof of Foreign Marriage Common-law marriages not valid in the Philippines Void and voidable marriages outside the country also void and voidable here Chapter 2 – Marriages Exempt From License Requirement 27 Marriage in articulo mortis 28 No transportation available – far areas 29 Duty of solemnizing officer for two preceding articles 30 Affidavit required in the last preceding article sent to the local civil registrar 31 Marriage in articulo mortis by ship captain or an airplane pilot 32 Marriage in articulo mortis by military commander of a unit 33 Marriage among Muslims or among members of the ethnic cultural communities 34 Marriage by cohabitation for 5 years without legal impediment Exemption from Marriage License Solemnizing officers under Article 7 and the mayor allowed to conduct marriages in articulo mortis Procedures laid down in Articles 29 to 30 are directory requirements Chapter 3 – Void and Voidable Marriages 35 Enumeration of void and voidable marriages Void and voidable marriages: definition Bad faith or good faith in void marriages Collateral and direct attack allowed 36 Psychologically incapacitated Constitutional consideration Proving psychological incapacity Rule in case of expert testimony Canon law as source Jurisprudence guidelines in psychological incapacity No award for damages (Buenaventura v. Court of Appeals, 2005) 37 Incestuous marriage not allowed 38 Marriages against public policy Collateral blood relatives by consanguinity Collateral half-blood relatives by consanguinity

List of Articles and Their Topics Relationship by affinity Adoptive Relationship Intentional killing of spouse 39 No prescriptive period Only the husband or the wife can file a court case declaring the marriage void A void marriage can be collaterally attacked when it comes to validity of current marriage and to negate certain rights 40 Judicial declaration of nullity before remarriage - the subsequent marriage is void not because it is bigamous but because it violates Article 40 in relation to Articles 52 and 53 41 Rule if spouse had been absent for four or two years Rule: institute summary proceeding for declaration of presumptive death of spouse 42 Rule in case of the reappearance of the absent spouse Bigamous Marriage Valid bigamous marriage Termination of the Subsequent Marriage Liquidation of the Properties of the First marriage Well-founded belief of death Criminal liability 43 Effects of termination of subsequent marriage 44 Effect of parties of subsequent marriage acted in bad faith Status of Children Effect of termination on the property regime Donations by Reason of Marriage (good faith/bad faith) Designation as beneficiary in insurance policy Disqualification as to inheritance If only one person is in bad faith – still valid 45 Grounds for annulment 46 Grounds for fraud in relation to number 3 of preceding article Public policy consideration Exclusivity of grounds for annulment Sterility Rule of Triennial Cohabitation Burden of proof in cases of incapacity to consummate Ratification of annullable marriages 47 Persons who can file the annulment Nature of Annulment case Grounds, parties, prescriptive period 48 Rule against collusion between parties 49 Support for spouses and support for their common children; custody Procedure in Annulment and in declaration of nullity cases Stipulation of facts or confession of judgment not bases for annulment Visitation rights 50 Article 43 and 44 applicable in void ab initio marriages Final judgment providing for liquidation, partition, and distribution of the properties of spouses Adjudication in accordance with Article 102 and 129 51 Ways to deliver presumptive legitimes No prejudice on the ultimate successional rights of children

List of Articles and Their Topics Judgment of Annulment or nullity of marriage Entry of judgment and decree of nullity or annulment Presumptive legitime 52 Judgment recorded in appropriate civil registry 53 Comply with the requirements of the immediately preceding article for validation of subsequent marriage 54 Status of children Liquidation and partition of properties Recording in the civil registry and registry of property Appropriate civil registry and registries of property

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RULE ON DECLARATION OF ABSOLUTE NULLITY OF VOID MARRIAGES AND ANNULMENT
 OF VOIDABLE MARRIAGES (Supreme Court En Banc Resolution A.M. 02-11-10-SC) - This Rule shall govern petitions for declaration of absolute nullity of void marriages and annulment of voidable marriages under the Family Code of the Philippines. TITLE II. — LEGAL SEPARATION Grounds for legal separation Exclusivity of grounds for legal separation Grounds for denial of legal separation Five year prescription period 6 month lapse period Reconciliation before legal separation No basis on stipulation of facts or confession of judgment No collusion Living separately after filing of petition Administration of property Applicability of Article 49 Procedure Death terminates legal separation case Effects of legal separation Donation and Beneficiary in Insurance Rule if the couple reconciled Consequences of reconciliation Court’s order recorded in proper civil registries Specifications in reviving the former property regime Effect of reconciliation Revival and adoption Inheritance Recording of the order or revival RULE ON LEGAL SEPARATION (Supreme Court En Banc Resolution A.M. No. 02-11-11-SC) TITLE III. — RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE Duties and obligations Damages for failure to comply with obligations