REPUBLIC ACT NO.

386 (PP1)
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1. REPUBLIC ACT NO. 386 An Act to Ordain and Institute The Civil
Code of the Philippines

2. RA 386 Article ____. Ignorance of the law excuses

CHAPTER 1 no one from compliance therewith.
EFFECTS AND APPLICATION
OF LAWS
Article 3

3. Chapter 1 Article 3 "Ignorantia legis non excusat"

4. RA 386 The forms and solemnities of contracts,

CHAPTER 1 wills, and other public instruments shall be
EFFECTS AND APPLICATION governed by the laws of the country in
OF LAWS which they are executed.
Article 17

5. RA 386 Every person must, in the exercise of his

CHAPTER 2 rights and in the performance of his duties,
HUMAN RELATIONS act with justice, give everyone his due, and
Article 19 observe honesty and good faith.

6. RA 386 Every person who through an act of perfor-

CHAPTER 2 mance by another, or any other means, ac-
HUMAN RELATIONS quires or comes into possession of some-
Article 22 thing at the expense of the latter without
just or legal ground, shall return the same
to him.

7. TITLE II OWNERSHIP

8. II. CHAPTER 1 OWNERSHIP in GENERAL

9. II. CHAPTER 1 Ownership may be exercised over things or

Article 427 rights.

10. II. CHAPTER 1 The owner has the right to enjoy and dis-
Article 428 pose of a thing, without other limitations
than those established by law.

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The owner has also a right of action against
the holder and possessor of the thing in
order to recover it.

11. II. CHAPTER 1 No person shall be deprived of his prop-

Article 435 erty except by competent authority and for
public use and always upon payment of just
compensation.

12. Article 437 The owner of a parcel of land is the owner

of its surface and of everything under it,
and he can construct thereon any works
or make any plantations and excavations
which he may deem proper, without detri-
ment to servitudes and subject to special
laws and ordinances. He cannot complain
of the reasonable requirements of aerial
navigation.

13. II. SECTION 2 Right of Accession with Respect to Immov-

able Property

14. II. Section 2 Article 445. Whatever is built, planted or sown on the
land of another, and the improvements or
repairs made thereon, belong to the owner
of the land, subject to the provisions of the
following articles.

15. II. Section 2 Article 449 He who builds, plants or sows in bad faith
on the land of another, loses what is built,
planted or sown without right to indemnity.

16. II. SECTION 3 Right of Accession with Respect to Mov-

able Property

17. II. SECTION 3 Article 466 Whenever two movable things belonging
to different owners are, without bad faith,
united in such a way that they form a sin-
gle object, the owner of the principal thing

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acquires the accessory, indemnifying the
former owner thereof for its value.

18. TITLE III CO-OWNERSHIP

19. TITLE III- CO-OWNERSHIP Arti- There is co-ownership whenever the own-
cle 484 ership of an undivided thing or right be-
longs to different persons.

20. TITLE III- CO-OWNERSHIP Arti- Whenever the different stories of a house
cle 490 belong to different owners, if the titles of
ownership do not specify the terms under
which they should contribute to the neces-
sary expenses and there exists no agree-
ment on the subject, the following rules
shall be observed:
(1) The main and party walls, the roof and
the other things used in common, shall be
preserved at the expense of all the owners
in proportion to the value of the story be-
longing to each;

(2) Each owner shall bear the cost of main-

taining the floor of his story; the floor of
the entrance, front door, common yard and
sanitary works common to all, shall be
maintained at the expense of all the own-
er's pro rata (in proportion);

(3) The stairs from the entrance to the first

story shall be maintained at the expense of
all the owners pro rata, with the exception
of the owner of the ground floor; the stairs
from the first to the second story shall be
preserved at the expense of all, except the
owner of the ground floor and the owner of
the first story; and so, on successively.

21. II. INTELLECTUAL CREATION By intellectual creation, the following per-

Article 721 sons acquire ownership:
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(1) The author with regard to his liter-

ary, dramatic, historical, legal, philosophi-
cal, scientific or other work;

22. II. INTELLECTUAL CREATION The author and the composer, mentioned
Art. 722 in Nos. 1 and 2 of the preceding article,
shall have the ownership of their creations
even before the publication of the same.
Once their works are published, their rights
are governed by the Copyright laws.

23. BOOK IV OBLIGATIONS AND CONTRACTS

24. Book IV Article 1156 An obligation is a juridical necessity to give,

to do or not to do.

Noncompliance= Legal Sanctions

25. Book IV Article 1157 Obligations arise from:

(1) Law;
(2) Contracts;
(3) Quasi-contracts;
(4) Acts or omissions punished by law; and
(5) Quasi-delicts.

26. (1) Law; Book IV Article 1157

(2) Contracts; Obligations arise from:
(3) Quasi-contracts;
(4) Acts or omissions punished
by law; and
(5) Quasi-delicts.

27. Book IV Article 1159 Obligations arising from contracts have the
force of law between the contracting parties
and should be complied with in good faith.

28. Book IV Chapter 2 NATURE AND EFFECT OF OBLIGA-

TIONS

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29. Book IV C2 Article 1170 Those who in the performance of their
obligations are guilty of fraud, negligence,
or delay, and those who in any manner
contravene the tenor thereof, are liable for
damages.

30. II. Contracts A contract is a meeting of minds between

Article 1305 two persons whereby one binds himself,
with respect to the other, to give something
or to render some service.

31. contract is a meeting of minds between two persons

whereby one binds himself, with respect to
the other, to give something or to render
some service.

32. II. Contracts The contracting parties may establish such

Article 1306 stipulations, clauses, terms and conditions
as they may deem convenient, provided
they are not contrary to law, morals, good
customs, public order, or public policy.

33. II. Contracts There is no contract unless the following

Article 1318 requisites concur:
1. Consent of the contracting parties;
2. Object certain which is the subject matter
of the contract;
3. Cause of the obligation which is estab-
lished.

34. II. Contracts All things which are not outside the com-
Art. 1347 merce of men, including future things, may
be the object of a contract. All rights which
are not intransmissible may also be the
object of contracts.

All services which are not contrary to law,

morals, good customs, public order or pub-
lic policy may likewise be the object of a
contract.
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35. II. Contracts Impossible things or services cannot be the

Art. 1348 object of contracts.

36. Article 1305 A contract is a meeting of minds between

two persons whereby one binds himself,
with respect to the other, to give something
or to render some service.

37. Article 1306 The contracting parties may establish such

stipulations, clauses, terms and conditions
as they may deem convenient, provided
they are not contrary to law, morals, good
customs, public order, or public policy

38. Article 1318 There is no contract unless the following

requisites concur:

(1) Consent of the contracting parties;

(2) Object certain which is the subject mat-

ter of the contract;

(3) Cause of the obligation which is estab-

lished.

39. Article 1347 All things which are not outside the com-
merce of men, including future things, may
be the object of a contract. All rights which
are not intransmissible may also be the
object of contracts. No contract may be en-
tered into upon future inheritance except in
cases expressly authorized by law.
All services which are not contrary to law,
morals, good customs, public order or pub-
lic policy may likewise be the object of a
contract.

40. Article 1348 Impossible things or services cannot be the

object of contracts.
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41. Sec 3. CAUSE OF CONTRACTS In onerous contracts the cause is under-

Article 1350 stood to be, for each contracting party, the
prestation or promise of a thing or service
by the other; in remuneratory ones, the ser-
vice or benefit which is remunerated; and
in contracts of pure beneficence, the mere
liberality of the benefactor.

42. Chapter 4 REFORMATION OF When, there having been a meeting of the

INSTRUMENTS minds of the parties to a contract, their true
Article 1359 intention is not expressed in the instrument
purporting to embody the agreement, by
reason of mistake, fraud, inequitable con-
duct or accident, one of the parties may
ask for the reformation of the instrument
to the end that such true intention may be
expressed.
If mistake, fraud, inequitable conduct, or
accident has prevented a meeting of the
minds of the parties, the proper remedy is
not reformation of the instrument but annul-
ment of the contract.

43. Chapter 5: Interpretation of If the terms of a contract are clear and

Contracts leave no doubt upon the intention of the
Article 1370 contracting parties, the literal meaning of its
stipulations shall control.
If the words appear to be contrary to the
evident intention of the parties, the latter
shall prevail over the former.

44. Chapter 5: Interpretation of The interpretation of obscure words or stip-

Contracts ulations in a contract shall not favor the
Article 1377 party who caused the obscurity.

45. Chapter 6 Rescissible Con- Rescission creates the obligation to return

tracts the things which were the object of the
Article 1385 contract, together with their fruits, and the
price with its interest; consequently, it can
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be carried out only when he who demands
rescission can return whatever he may be
obliged to restore.

Neither shall rescission take place when

the things which are the object of the con-
tract are legally in the possession of third
persons who did not act in bad faith.

In this case, indemnity for damages may

be demanded from the person causing the
loss.

46. Chapter 7: Voidable Contracts The following contracts are voidable or an-
Article 1390 nullable, even though there may have been
no damage to the contracting parties:

(1) Those where one of the parties is inca-

pable of giving consent to a contract;

(2) Those where the consent is vitiated by

mistake, violence, intimidation, undue influ-
ence or fraud.

These contracts are binding, unless they

are annulled by a proper action in court.
They are susceptible of ratification. (n)

47. Sec.3 Contract for a piece of The engineer or architect who drew up
work the plans and specifications for a build-
Article 1723 ing is liable for damages if, within fifteen
contractor years from the completion of the structure,
the same should collapse by reason of a
defect in those plans and specifications,
or due to the defects in the ground. The
___________is likewise responsible for the
damages if the edifice falls, within the same
period, on account of defects in the con-
struction or the use of materials of inferior

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quality furnished by him, or due to any vi-
olation of the terms of the contract. If the
engineer or architect supervises the con-
struction, he shall be solidarily liable to the
contractor.

48. Chapter 8: Unenforceable Con- The following contracts are unenforceable,

tracts unless they are ratified:
Article 1403
(1) Those entered into in the name of an-
other person by one who has been given
no authority or legal representation, or who
has acted beyond his powers;

49. Chapter 9: Void and Inexistent The following contracts are inexistent and
Contracts void from the beginning:
Article 1409
(1) Those whose cause, object or purpose
is contrary to law, morals, good customs,
public order or public policy;

(2) Those which are absolutely simulated

or fictitious;

(3) Those whose cause or object did not

exist at the time of the transaction;

(4) Those whose object is outside the com-

merce of men;

(5) Those which contemplate an impossible

service;

(6) Those where the intention of the parties

relative to the principal object of the con-
tract cannot be ascertained;

(7) Those expressly prohibited or declared

void by law.

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These contracts cannot be ratified. Neither

can the right to set up the defense of ille-
gality be waived.

50. Title XIV Chap 1 compromises A compromise is a contract whereby the

Article 2028- compromise parties, by making reciprocal concessions,
avoid a litigation or put an end to one al-
ready commenced.

51. section 3 ______________ are those damages

Article 2226- Liquidated dam- agreed upon by the parties to a contract, to
ages be paid in case of breach thereof.

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