CIVIL CODE OF THE PHILIPPINES
FOLLOWING THE COMPLETION OF ITS PUBLICATION EITHER IN
OFFICIAL GAZETTE OR IN A NEWSPAPER OF GENERAL PHILIPPINES. PUBLICATION AND THE FIFTEEN-DAY PERIOD REQUIREMENTS ARE INTENDED TO ENABLE THE PEOPLE TO BECOME FAMILIAR WITH THE STATUTE. THE CLAUSE ‘UNLESS IT IS OTHERWISE PROVIDED” THIS CLAUSE SOLELY REFERS TO THE FIFTEEN -DAY PERIOD AND NOT TO THE REQUIREMENT OF PUBLICATION. PUBLICATION IS AN INDISPENSABLE REQUISITE, AND ABSENCE OF WHICH WILL RENDER THE LAW INEFFECTIVE. 1. IF THE LAW PROVIDES FOR A DIFFERENT PERIOD SHORTER O LONGER THAN THE FIFTEEN -DAY PERIOD, THEN SUCH SHORTER O LONGER PERIOD SHALL PREVAIL. 2. IF THE LAW PROVIDES THAT IT SHALL TAKE EFFECT IMMEDIATELY, IT MEANS THAT IT SHALL TAKE EFFECT IMMEDIATELY AFTER PUBLICATION WITH FIFTEENDAY PERIOD BEING DISPENSED WITH. OW A NEWSPAPER IS CONSIDERED OF GENERAL H CIRCULATION? 1. IF IT IS PUBLISHED AT REGULAR INTERVALS FOR THE THE
CIRCULATION IN THE
ARTICLE 1. T HIS HIS ACT SHALL BE KNOWN AS THE CIVIL CODE OF THE PHILIPPINES.
IT WAS PREPARED BY THE ROXAS CODE COMMISSION DR. JORGE C. BOCOBO THRU EO NO. 48 OF PRESIDENT MANUEL ROXAS ON MARCH 20, 1947. 1947. MEMBERS JUDGE GUILLERMO GUEVARA DEAN PEDRO YLAGAN FRANCIS CAPISTRANO
HEADED BY
ARTURO T OLENTINO OLENTINO COMMISSION
DUE
CONGRESSMAN CONGRESSMAN I N
–
TO
HE
RESIGNED
HIS
ELECTION
IN AS
THE A
MANILA.
DR. C ARMELINO ALVENDIA – WAS APPOINTED AS
ARTURO TOLENTINO. THEY STARTED DRAFTING FROM MAY 8, 2012 AND ENDED ON DECEMBER 15, 1947. ON JANUARY 26, 1949, 1949, THE SENATE AND HOUSE OF REPRESENTATIVES PASSED REPUBLIC ACT NO. 386. 386. JULY 19, 1949 – PUBLICATION AUGUST 30, 1949 – CIRCULATION AUGUST 30, 1950 - EFFECTIVITY SOURCES OF THE NEW CIVIL CODE 1. SPANISH CIVIL CODE OF 1889. 2. FOREIGN LAWS SUCH AS THE CIVIL CODES OF ARGENTINA, ENGLAND, FRANCE, GERMANY, ITALY, MEXICO, SWITZERLAND, UNITED STATES (PARTICULARLY CALIFORNIA AND LOUISIANA). 3. FOREIGN JUDICIAL DECISIONS, COMMENTS AND TREATIES OF FOREIGN JURISTS. 4. DOCTRINAL DECISIONS OF THE SUPREME COURT. 5. PHILIPPINE LAWS SUCH AS MARRIAGE LAW (ACT NO. 3613), DIVORCE LAW (ACT NO. 2710) AND RULES OF COURT . 6. 1935 CONSTITUTION OF THE PHILIPPINES. 7. REPORT OF THE CODE COMMISSION. 8. FILIPINO CUSTOMS AND TRADITIONS. CIVIL CODE HAS BEEN DEFINED AS “A COLLECTION OF A REPLACEMENT OF
DISSEMINATION OF LOCAL NEWS AND GENERAL
INFORMATION. 2. IT HAS A BONA FIDE SUBSCRIPTION LIST OF PAYING SUBSCRIBERS. 3. IF IT IS NOT DEVOTED TO THE INTEREST OR PUBLISHED FOR THE ENTERTAINMENT OF A PARTICULAR CLASS, PROFESSION, TRADE, CALLING, RACE, OR RELIGIOUS DENOMINATION. PUBLICATION IS REQUIRED FOR THE FOLLOWING : 1. PRESIDENTIAL DECREES AND EXECUTIVE ORDERS 2. ADMINISTRATIVE RULES AND ORDERS 3. BSP CIRCULARS PUBLICATION IS NO LONGER REQUIRED FOR THE FOLLOWING : 1. INTERPRETATIVE REGULATIONS AND THOSE INTERNAL IN NATURE, THAT IS, REGULATING ONLY THE PERSONNEL OF THE ADMINISTRATIVE AGENCY AND NOT THE PUBLIC.
2. MUNICIPAL ORDINANCES.
LAWS WHICH REGULATE THE PRIVATE RELATIONS OF THE MEMBERS OF CIVIL SOCIETY, DETERMINING THEIR RESPECTIVE RIGHTS AND OBLIGATIONS, WITH REFERENCE TO PERSONS, THINGS AND CIVIL ACTS.” – 2 SHERMAN
9
ARTICLE 2. L AWS SHALL TAKE EFFECT AFTER FIFTEEN DAYS FOLLOWING THE COMPLETION OF THEIR PUBLICATION IN THE OFFICIAL G AZETTE , UNLESS IT IS OTHERWISE PROVIDED . T HIS HIS CODE SHALL TAKE EFFECT ONE YEAR AFTER SUCH PUBLICATION .
THE 1950 CIVIL CODE OF THE PHILIPPINES TOOK EFFECT ON AUGUST 30, 1950. 1950. EO NO. 200 HAS BEEN EXPRESSLY AMENDED THE ARTICLE 2 OF THE CIVIL CODE OF THE PHILIPPINES ON JUNE 18, 1987 BY THE LEGISLATIVE POWER OF PRESIDENT CORAZON AQUINO. SECTION 1 OF EO NO. 200, 200, LAWS SHALL TAKE EFFECT AFTER FIFTEEN DAYS FOLLOWING THE COMPLETION OF THEIR
OFFICIAL G AZETTE OR IN A NEWSPAPER OF GENERAL CIRCULATION IN THE PHILIPPINES,
ARTICLE 3. IGNORANCE OF THE LAW EXCUSES NO ONE FROM COMPLIANCE THEREWITH.
SINCE LAWS ARE REQUIRED TO BE PUBLISHED TO INFORM THE PUBLIC, EVERYONE IS CONCLUSIVELY PRESUMED TO KNOW THE LAW.
MISTAKE OF FACT. IGNORANCE OF FACT (IGNORANTIA FACTI) MAY EXCUSE A PARTY FROM THE LEGAL CONSEQUENCES OF HIS CONDUCT . 1. IGNORANCE OF FOREIGN LAW IS A MISTAKE OF FACT . 2. IF AN HEIR IS IGNORANT OF THE DEATH OF HIS FATHER, HE IS AN IGNORANT OF A FACT. 3. MISTAKE AS TO DIFFICULT LEGAL QUESTIONS HAS BEEN GIVEN THE SAME EFFECT AS MISTAKE OF FACT. READ ARTICLES 526, 1334, 2154 AND 2155 OF THE CIVIL CODE.
PUBLICATION EITHER IN THE
UNLESS IT IS OTHERWISE PROVIDED.
ARTICLE 4. L AWS SHALL HAVE NO RETROACTIVE EFFECT , UNLESS THE CONTRARY IS PROVIDED .
IMPOSES A NEW DUTY , OR ATTACHES NEW DISABILITY THAT
3.
AFFECTS A TRANSACTION ALREADY PAST.
THE FOLLOWING ARE INSTANCES WHEN A LAW MAY BE GIVEN RETROACTIVE EFFECT AS LONG AS IT DOES NOT VIOLATE CONSTITUTIONAL PROVISIONS,
NOR
DESTROYS
VESTED RIGHTS OF A THIRD PERSON:
1. 2.
WHEN
THE
LAW
EXPRESSLY
PROVIDES
FOR
VALID BUT WITHOUD PREJUDICE TO HER CRIMINAL
RETROACTIVITY.
LIABILITY.
WHEN THE LAW IS CURATIVE IN NATURE THESE ARE LAWS INTENDED TO CORRECT ERRORS
ARTICLE 7, PARAGRAPH 1 OF THE FMILY CODE
OR IRREGULARITIES INCURRED IN JUDICIAL OR
MARRIAGES
ADMINISTRATIVE PROCEEDINGS AS LONG AS IT
JURISDICTION.
AUTHORIZES INCUMBENT JUDGES TO OFFICIATE
4.
5.
6.
ARTICLE
WHEN THE LAW IS REMEDIAL IN NATURE THERE ARE NO VESTED RIGHTS IN RULES OF PROCEDURE. WHEN THE LAW IS PENAL IN CHARACTER AND FAVORABLE TO THE ACCUSED . ARTICLE 22 OF THE REVISED PENAL CODE WHEN LAWS CREATE NEW RIGHTS PROVIDED THAT
WITHOUT THE PREJUDICE TO THE PROSECUTION OF THE JUDGE FOR ADMINISTRATIVE OR CRIMINAL LIABILITY.
4.
BY INVALIDATING THE ACT BUT RECOGNIZING THE LEGAL EFFECTS AS FLOWING FROM THE INVALID ACT.
ARTICLE 2253, PARAGRAPH 2 (QUIZANA VS REDUGERIO) EMERGENCY LAWS. AUTHORIZED BY THE POLICE POWER OF THE GOVERNMENT.
MARRIAGE
5. ACTS
EXECUTED
AGAINST
THE
PROVISIONS
OF
COMMITED PROVIDED IN THE
UNDER
THE
OF
SUBSEQUENT
BIGAMOUS
MARRIAGE
IS
THE
NULLITY
SUFFERING
INCAPACITY
IS
FROM
VOID.
BUT
OF
THE
MARRIAGE
ARE
[ARTICLE 54, FAMILY
CODE] ARTICLE 6. RIGHTS MAY BE WAIVED , UNLESS THE WAIVER IS CONTRARY TO LAW , PUBLIC POLICY , MORALS OR GOOD CUSTOMS , OR PREJUDICIAL TO A THIRD PERSON WITH A RIGHT RECOGNIZED BY LAW .
RIGHT IS A LEGALLY ENFORCEABLE CLAIM OF ONE PERSON AGAINST ANOTHER, THAT THE OTHER SHALL DO OR NOT DO A GIVEN ACT. RIGHT IS A POWER, PRIVELLAGE OR IMMUNITY GUARANTEED UNDER A CONSTITUTION, STATUES OR DECISIONAL LAWS, OR CLAIMED AS RESULT OF LONG USAGE . - 6TH ED., P. 1324 OF BLACK’S LAW DICTIONARY. GENERAL CLASSIFICATIONS OF RIGHTS AS TO CLARITY 1. PERFECT – WHEN THE SCOPE IS CLEAR, SETTLED AND DERMINATE. 2. IMPERFECT – WHEN THE SCOPE IS VAGUE AND UNFIXED
GENERAL CLASSIFICATIONS OF RIGHTS AS TO THE PASSIVE SUBJECT OF THE RIGHT 1. PERSONAM – ONE WHICH IMPOSES AN OBLIGATION ON A DEFINITE PERSON. 2. REM – ONE WHICH IMPOSSES AN OBLIGATION ON A DEFINITE PERSON OR PERSONS GENERALLY. RIGHTS CLASSIFIED UNDER THE CONSTITUTION 1. NATURAL RIGHTS – ARE THOSE THAT GROW OUT OF
CONSIDERED VAILD.
NATURE
BY MAKING THE INVALIDITY TO DEPEND ON THE WILL OF THE INJURED PARTY , SUCH AS VOIDABLE OR ANNULABLE CONTRACTS, WHEN CONSENT IN MARRIAGE IS VITIATED IN VIOLENCE OR INTIMIDATION, THE MARRIAGE IS VOIDABLE AND ANNULLABLE. THE VICTIM MAY OR
PERSONALITY.
MAY NOT HOWEVER OPT TO ANNUL THE MARRIAGE
PARTY
CONSIDERED LEGITIMATE
CIRCUMSTANCES
ARTICLE 41 OF THE FAMILY CODE,
A
CHILDREN BORN BEFORE THE FINAL DECLARATION
MANDATORY AND DIRECTORY LAW , CONCEPTS AND DISTINCTIONS 1. MANDATORY LAW – OMISSION TO FOLLOW WHICH, RENDERS THE PROCEEDINGS TO WHICH IT RELATES VOID. MANDATORY LAW IS ONE WHICH MUST BE OBSERVED. THE VIOLATION OF MANDATORY LAW RENDERS THE ACT VOID. 2. PROHIBITORY LAW – ACTS COMMITTED THAT ARE PROHIBITED BY THE LAW ARE LIKEWISE VOID. 3. DIRECTORY LAW – OBSERVANCE OF WHICH IS NOT NECESSARY TO THE VALIDITY OF THE PROCEEDINGS. FOUR WAYS OF VALIDATING AN ACT OR CONTRACT CONTRARY TO A MANDATORY LAW : 1. BY EXPRESSLY VALIDATING THE CONTRACT , UNDER ARTICLE 349 OF THE REVISED PENAL CODE PUNISHES BIGAMY, HOWEVER, IF BIGAMY IS
OF
PSYCHOLOGICAL
THE REASON BEHIND THE ARTICLE IS TO PROTECT THE VESTED RIGHTS.
2.
TERRITORIAL
UNDER ARTICLE 36 OF THE FAMILY CODE, THE
THE LAW ITSELF AUTHORIZES THEIR VALIDITY .
THEIR
NO VESTED RIGHTS IMPAIRED
MANDATORY OR PROHIBITORY LAWS SHALL BE VOID , EXCEPT WHEN
WITHIN
HOWEVER , IF A JUDGE OFFICIATED A MARRIAGE OUTSIDE HIS JURISDICTION, NEVERTHELESS, THE MARRIAGE REMAINS VALID BUT
DOES NOT IMPAIR OBLIGATIONS AND CONTRACTS.
3.
BY PUNISHING IT CRIMINALLY BUT VALIDATING THE ACT, ARTICLE 351 OF THE REVISED PENAL CODE PUNISHES WIDOWS FOR PREMATURE MARRIAGES. IF A WIDOW REMARRIES WITHIN THE PERIOD OF 301 DAYS, NEVERTHELESS, THE MARRIAGE REMAINS
2.
3.
OF
MAN
AND
DEPEND
UPON
THE
SUCH ARE THE RIGHTS OF LIFE, LIBERTY, PRIVACY AND GOOD REPUTATION. CIVIL RIGHTS – THEY INCLUDE THE RIGHTS OF PROPERTY, MARRIAGE , EQUAL PROTECTION OF LAW, AND FREEDOM OF CONTRACT . POLITICAL RIGHTS – THEY INCLUDE RIGHTS OF CITIZENSHIP, AND SUFFRAGE .
a. ACTIVE SUBJECT IS THE ONE WHO IS
2.
ENTITLED TO DEMAND THE ENFORCEMENT
THEIR PERIOD OF EFFECTIVITY
OF THE RIGHT .
3.
OBJECT CONSTITUTES THINGS AND SERVICES
NULLITY DUE TO UNCONSTITUTIONALITY. REPEAL MAY BE EITHER EXPRESSED OR IMPLIED . REVIVAL OF A REPEALED LAW 1. IF THE FIRST LAW WAS REPEALED BY IMPLICATION OF THE SECOND LAW, AND THE
WHICH ARE INTENDED FOR THE SATISFACTION OF
SECOND LAW IS ITSELF REPEALED BY THE THIRD
HUMAN WANTS EITHER PHYSICAL OR SPIRITUAL.
LAW, THE FIRST LAW IS REVIVED
b. PASSIVE SUBJECT IS THE ONE WHO IS DUTY-BOUND TO SUFFER ITS ENFORCEMENTS. 2.
3.
WAIVER
EFFICIENT CAUSE IS THE FACT THAT GIVES RISE TO LEGAL RELATION BETWEEN SUBJECT AND OBJECT. IS
THE
INTENTIONAL
OR
VOLUNTARY
WARRANTS AND INFERENCE OF RELINQUISHMENT OF SUCH RIGHT.
THE WAIVER IS INVALID IF : 1. IF THE WAIVER IS CONTRARY TO PUBLIC ORDER, PUBLIC POLICY, MORALS OR GOOD CUSTOMS. 2. IF THE WAIVER IS PREJUDICIAL TO A THIRD PERSON WITH A RIGHT RECOGNIZED BY LAW. REQUISITES OF VALID WAIVER 1. THE WAIVING PARTY MUST HAVE ACTUALLY HAVE THE RIGHT HE IS RENOUNCING . THE RIGHT MUST BE IN EXISTENCE AT THE TIME OF THE WAIVER . ONE CANNOT WAIVE WHAT HE DOES NOT HAVE, POSSESSED, OR OWNED AT THE TIME OF THE WAIVER. 2. HE MUST HAVE A FULL CAPACITY TO MAKE THE WAIVER. IF INCAPACITATED, THE WAIVER IS DEFECTIVE FOR LACK OF FREE CONSENT. 3. THE WAIVER MUST BE CLEAR AND UNEQUIVOCAL . AS WAIVER IS DEPRIVATION OF RIGHT , IT MUST NOT BE FAVORED IN CASE OF DOUBT. 4. THE WAIVER MUST NOT BE CONTRARY TO LAW , PUBLIC ORDER , PUBLIC POLICY , MORALS OR GOOD
SELF-LAPSING LAWS ARE LAWS WHICH PROVIDE FOR THEIR LIMITED APPLICATION . ONCE THE PERIOD FOR THEIR EFFECTIVITY LAPSES , THE SELF-LAPSING LAWS NEED OF FURTHER LEGISLATIVE ACTION .
DISUSE, CUSTOM OR PRACTICE TO THE CONTRARY 1. ALTHOUGH A LAW HAS FALLEN TO DISUSE , OR THE CUSTOMS OR PRACTICES OF THE CITIZENRY RUN AGAINST A LAW NON-OBSERVANCE
CONSTITUTION.
HOW LAWS LOSE THEIR EFFECTIVITY
EXCUSED
BY
JUDICIAL DECISIONS ARE NOT LAWS BUT HAVE THE FORCE AND EFFECT OF LAWS. 1. JUDICIAL DECISIONS ARE NOT LAWS. UDER THE SEPARATION OF POWERS, THE CONGRESS MAKES THE LAWS, AND THE JUDICIARY MERELY APPLIES OR INTERPRETS THEM IN GIVEN CASES. AND THE EXECUTIVE EXECUTES THE LAWS AS INTERPRETED BY THE JUDICIARY.
2.
(MANDATING THE FORMALITIES OF DONATION ), THE FORMALITIES MUST BE COMPLIED WITH . THE FORMALITIES ARE REQUIREMENTS FOR THE VALIDITY OF THE ACT.
OR THE
NOT
ARTICLE 8. JUDICIAL DECISIONS APPLYING OR INTERPRETING THE LAWS OR THE CONSTITUTION SHALL FORM A PART OF THE LEGAL SYSTEM OF THE PHILIPPINES.
OF AN EXPRESS CONDONATION OF A DEBT
SHALL BE VALID ONLY WHEN THEY ARE NOT CONTRARY TO THE LAWS
THE VIOLATION OR
EG. JUETENG IS ILLEGAL
THIS IS AN EXPLICIT CONDITION IMPOSED BY ARTICLE 2 WHICH MUST BE COMPLIED WITH. 5. WHEN FORMALITIES ARE REQUIRED AS IN THE CASE
ADMINISTRATIVE OR EXECUTIVE ACTS , ORDERS AND REGULATIONS
IS
–
REASON THEREOF.
A RIGHT RECOGNIZED BY LAW .
W HEN THE COURTS DECLARE A LAW TO BE INCONSISTENT WITH THE CONSTITUTION , THE FORMER SHALL BE VOID AND LATTER SHALL GOVERN.
HOWEVER , IF THE FIRST LAW WAS REPEALED EXPRESSLY BY THE SECOND LAW, AND THE SECOND LAW WAS REPEALED BY THIRD LAW, THE FIRST LAW IS NOT REVIVED , UNLESS EXPRESSLY PROVIDED . – SECTION 14 OF THE REVISED ADMINISTRATIVE CODE.
AUTOMATICALLY BECOME INEFFECTIVE WITHOUT ANY
CUSTOMS OR PREJUDICIAL TO A THIRD PERSON WITH
ARTICLE 7. L AWS ARE REPEALED ONLY BY SUBSEQUENT ONES , AND THEIR VIOLATION OR NON -OBSERVANCE SHALL NOT BE EXCUSED BY DISUSES , OR CUSTOM OR PRACTICE TO THE CONTRARY .
UNLESS
OTHERWISE PROVIDED IN THE THIRD LAW .
2.
RELINQUISHMENT OF KNOWN RIGHT OR SUCH CONDUCT AS
SELF-CANCELLATION DUE TO THE LAPSE OF
3.
ALTHOUGH NOT LAWS, THE DECISIONS OF THE SUPREME COURT APPLYING OR INTERPRETING THE LAWS OR THE CONSTITUTION BECOMES PART OF THE LEGAL SY STEM OF THE COUNTRY. JURISPRUDENCE – THESE ARE DOCTRINES FORMULATED
BY
THE
DECISIONS
OF
THE
SUPREME COURT. THESE DOCTRINES AMPLIFY AND SUPPLEMENT THE WRITTEN LAW. ARTICLE 9. NO JUDGE OR COURT SHALL DECLINE TO RENDER JUDGMENT BY REASON OF THE SILENCE , OBSCURITY OR INSUFICIENCY OF THE LAWS.
IF CASES ARE BROUGHT TO COURT AND THERE IS NO LAW EXACTLY APPLICABLE TO THEM. SOMETIMES ALSO, WHILE THERE IS A LAW, IT IS OBSCURE OR VAGUE AND INSUFFICIENT IN ITS GUIDANCE. WHEN THESE DO HAPPEN, THE JUDGE IS, NEVERTHELESS, ENJOINED TO RENDER A DECISION. HE SHALL NOT ABSTAIN OR DECLINE IN ADJUDGING THE CASE. UNDER ARTICLE 9,
DUTY OF THE JUDGE WHEN THE LAW IS CLEAR
–
THE
JUDGE SHOULD APPLY THE LAW WITHOUT FEAR OR FAVOR ; HE SHOULD FOLLOW THE MANDATE AND NOT TAMPER WITH IT.
ARTICLE 9 IS APPLICABLE ONLY IN CIVIL CASES.
ARTICLE 10. IN CASE OF DOUBT IN THE INTERPRETATION OR APPLICATION OF LAWS , IT IS PRESUMED THAT THE LAWMAKING BODY INTENDED RIGHT AND JUSTICE TO PREVAIL . ARTICLE 11. CUSTOMS WHICH ARE CONTRARY TO LAW , PUBLIC ORDER , PUBLIC POLICY SHALL NOT BE COUNTENANCED . ARTICLE 12. A CUSTOM MUST BE PROVED AS A FACT , ACCORDING TO THE RULES OF EVIDENCE . ARTICLE 13. W HEN THE LAWS SPEAK OF YEARS , MONTHS , DAYS AND 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 DAYSWHICH THEY RESPECTIVELY HAVE. IN COMPUTING A PERIOD , THE FIRST DAY SHALL BE EXCLUDED , LAST DAY INCLUDED . ARTICLE 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 . THE
ARTICLE 15. L AWS RELATING TO FAMILY RIGHTS AND DUTIES , OR TO THE STATUS , CONDITION AND LEGAL CAPACITY OF PERSONS ARE BINDING UPON CITIZENS OF THE PHILIPPINES. 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 CONSIDERATION , WHATEVER MAY BE THE NATURE OF THE PROPERTY AND REGARDLESS OF THE COUNTRY WHEREIN SAID PROPERTY MAY BE FOUND .
ARTICLE 17. THE FORMS AND SOLEMNITIES OF CONTRACTS , WILLS , AND OTHER PUBLIC INSTRUMENTS SHALL BE GOVERNED BY LAWS OF THE COUNTRY IN WHICH THEY ARE EXECUTED .
W HEN 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 PHILIPPINE LAWS SHALL BE OBSERVED IN THEIR EXECUTION. 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
ARTICLE 18. IN MATTERS WHICH ARE GOVERNED BY THE CODE OF COMMERCE AND SPECIAL LAWS , THEIR DEFFICIENCY SHALL BE SUPPLIED BY THE PROVISIONS OF THIS CODE.
