Civil Law
Updated 2nd November 2025
Civil Code Book I - Persons
Civil Code Book I, Articles 1 to 413

CIVIL CODE OF THE PHILIPPINES
Republic Act No. 386

(As amended by RA 3047, PD 677, BP Blg. 195, and RA No. 10910)

An act to ordain and institute the civil code of the Philippines

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:


PRELIMINARY TITLE

Chapter 1 - Effect and Application of Laws

ARTICLE 1. This Act shall be known as the “Civil Code of the Philippines." (n)

ARTICLE 2. Laws shall take effect after fifteen days following the completion of their publication either in the Official Gazette or in a newspaper of general circulation in the Philippines, unless it is otherwise provided. (As amended by Sec. 1, E.O. No. 200, June 18,1987)

ARTICLE 3. Ignorance of the law excuses no one from compliance therewith.(2)

ARTICLE 4. Laws shall have no retroactive effect, unless the contrary is provided.(3)

ARTICLE 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity.(4a)

ARTICLE 6. Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs,or prejudicial to a third person with a right recognized by law.(4a)

ARTICLE 7. Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse,or custom or practice to the contrary.

When the courts declare a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern.

Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution. (5a)

ARTICLE 8. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. (n)

ARTICLE 9. No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws. (6)

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. (n)

ARTICLE 11. Customs which are contrary to law, public order or public policy shall not be countenanced. (n)

ARTICLE 12. A custom must be proved as a fact, according to the rules of evidence. (n)

ARTICLE 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.

In computing a period, the first day shall be excluded, and the last day included. (7a)

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. (8a)

ARTICLE 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)

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. (10a)

ARTICLE 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 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 by laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign country. (11a)

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)

Chapter 2 - Human Relations

ARTICLE 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.

ARTICLE 20. Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same.

ARTICLE 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 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.

ARTICLE 23. Even when an act or event causing damage to another's 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.

ARTICLE 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.

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.

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 another's residence;
  2. Meddling with or disturbing the private life or family relations of another;
  3. Intriguing to cause another to be alienated from his friends;
  4. Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition.

ARTICLE 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.

ARTICLE 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.

ARTICLE 29. When the accused in a 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 bond to answer for damages in case the complaint should be found to be malicious.

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.

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 31. When the civil action is based on an obligation not arising from the act or omission complained of as a felony, such civil action may proceed independently of the criminal proceedings and regardless of the result of the latter.

ARTICLE 32. Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates, or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages:

  1. Freedom of religion;
  2. Freedom of speech;
  3. Freedom to write for the press or to maintain a periodical publication;
  4. Freedom from arbitrary or illegal detention;
  5. Freedom of suffrage;
  6. The right against deprivation of property without due process of law;
  7. The right to a just compensation when private property is taken for public use;
  8. The right to the equal protection of the laws;
  9. The right to be secure in one's person, house, papers, and effects against unreasonable searches and seizures;
  10. The liberty of abode and of changing the same;
  11. The privacy of communication and correspondence;
  12. The right to become a member of associations or societies for purposes not contrary to law;
  13. The right to take part in a peaceable assembly to petition the Government for redress of grievances;
  14. The right to be free from involuntary servitude in any form;
  15. The right of the accused against excessive bail;
  16. The right of the accused to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses in his behalf;
  17. Freedom from being compelled to be a witness against one's self, or from being forced to confess guilt, or from being induced by a promise of immunity or reward to make such confession, except when the person confessing becomes a State witness;
  18. Freedom from excessive fines, or cruel and unusual punishment, unless the same is imposed or inflicted in accordance with a statute which has not been judicially declared unconstitutional; and
  19. Freedom of access to the courts.

In any of the cases referred to in this article, whether or not the defendant's act or omission constitutes a criminal offense, the aggrieved party has a right to commence an entirely separate and distinct civil action for damages, and for other relief. Such civil action shall proceed independently of any criminal prosecution (if the latter be instituted), and may be proved by a preponderance of evidence.

The indemnity shall include moral damages. Exemplary damages may also be adjudicated.

The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes a violation of the Penal Code or other penal statute.

ARTICLE 33. In cases of defamation, fraud, and physical injuries, a civil action for damages, entirely separate and distinct from the criminal action, may be brought by the injured party. Such civil action shall proceed independently of the criminal prosecution, and shall require only a preponderance of evidence.

ARTICLE 34. When a member of a city or municipal police force refuses or fails to render aid or protection to any person in case of danger to life or property, such peace officer shall be primarily liable for damages, and the city or municipality shall be subsidiarily responsible therefor. The civil action herein recognized shall be independent of any criminal proceedings, and a preponderance of evidence shall suffice to support such action.

ARTICLE 35. When a person, claiming to be injured by a criminal offense, charges another with the same, for which no independent civil action is granted in this Code or any special law, but the justice of the peace finds no reasonable grounds to believe that a crime has been committed, or the prosecuting attorney refuses or fails to institute criminal proceedings, the complainant may bring a civil action for damages against the alleged offender. Such civil action may be supported by a preponderance of evidence. Upon the defendant's motion, the court may require the plaintiff to file a bond to indemnify the defendant in case the complaint should be found to be malicious.

If during the pendency of the civil action, an information should be presented by the prosecuting attorney, the civil action shall be suspended until the termination of the criminal proceedings.

ARTICLE 36. Prejudicial questions, which must be decided before any criminal prosecution may be instituted or may proceed, shall be governed by rules of court which the Supreme Court shall promulgate and which shall not be in conflict with the provisions of this Code.

BOOK I PERSONS

Title I - Civil Personality

Chapter I - General Provisions

ARTICLE 37. Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost only through death. Capacity to act, which is the power to do acts with legal effect, is acquired and may be lost. (n)

ARTICLE 38. Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts or from property relations, such as easements. (32a)

ARTICLE 39. The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency and trusteeship. The consequences of these circumstances are governed in this Code, other codes, the Rules of Court, and in special laws. Capacity to act is not limited on account of religious belief or political opinion.

A married woman, twenty-one years of age or over, is qualified for all acts of civil life, except in cases specified by law. (n)

Chapter II - Natural Persons

ARTICLE 40. Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in the following article. (29a)

(As modified by Art. 5, P.D. No. 603, The Child and Youth Welfare Code, which provides: “The civil personality of the child shall commence from the time of his conception, for all purposes favorable to him, subject to the requirements of Article 41 of the Civil Code.”)

ARTICLE 41. For civil purposes, the foetus is considered born if it is alive at the time it is completely delivered from the mother's womb. However, if the foetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb. (30a)

ARTICLE 42. Civil personality is extinguished by death.

The effect of death upon the rights and obligations of the deceased is determined by law, by contract and by will. (32a)

ARTICLE 43. If there is a doubt, as between two or more persons who are called to succeed each other, as to which of them died first, whoever alleges the death of one prior to the other shall prove the same; in the absence of proof, it is presumed that they died at the same time and there shall be no transmission of rights from one to the other. (33)

Chapter III - Juridical Persons

ARTICLE 44. The following are juridical persons:

  1. The State and its political subdivisions;
  2. Other corporations, institutions and entities for public interest or purpose, created by law; their personality begins as soon as they have been constituted according to law;
  3. Corporations, partnerships and associations for private interest or purpose to which the law grants a juridical personality, separate and distinct from that of each shareholder, partner or member. (35a)

ARTICLE 45. Juridical persons mentioned in Nos. 1 and 2 of the preceding article are governed by the laws creating or recognizing them.

Private corporations are regulated by laws of general application on the subject.

Partnerships and associations for private interest or purpose are governed by the provisions of this Code concerning partnerships. (36 and 37a)

ARTICLE 46. Juridical persons may acquire and possess property of all kinds, as well as incur obligations and bring civil or criminal actions, in conformity with the laws and regulations of their organization. (38a)

ARTICLE 47. Upon the dissolution of corporations, institutions and other entities for public interest or purpose mentioned in No. 2 of Article 44, their property and other assets shall be disposed of in pursuance of law or the charter creating them. If nothing has been specified on this point, the property and other assets shall be applied to similar purposes for the benefit of the region, province, city or municipality which during the existence of the institution derived the principal benefits from the same. (39a)

Title II - Citizenship and Domicile*

ARTICLE 48. The following are citizens of the Philippines:

  1. Those who were citizens of the Philippines at the time of the adoption of the Constitution of the Philippines;
  2. Those born in the Philippines of foreign parents who, before the adoption of said Constitution, had been elected to public office in the Philippines;
  3. Those whose fathers are citizens of the Philippines;
  4. Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship;
  5. Those who are naturalized in accordance with law. (n)

ARTICLE 49. Naturalization and the loss and reacquisition of citizenship of the Philippines are governed by special laws. (n)

Articles 48–51 are now deemed modified by Article IV of the 1987 Constitution and other related special laws such as Commonwealth Act No. 63, as amended; C.A. No. 473, as amended; R.A. No. 9225; R.A. No. 8171; R.A. No. 530; R.A. No. 9139; and C.A. No. 625. Senate Bill No. 1566 of 2017, if approved, is bound to amend Commonwealth Act No. 473.

ARTICLE 50. For the exercise of the civil rights and the fulfillment of civil obligations, the domicile of natural persons is the place of their habitual residence. (40a)

ARTICLE 51. When the law creating or recognizing them, or any other provision does not fix the domicile of juridical persons, the same shall be understood to be the place where their legal representation is established or where they exercise their principal functions. (41a)

Titles III to IX were repealed by EO No. 209, s. 1987.

Title X - Funerals

ARTICLE 305. The duty and the right to make arrangements for the funeral of a relative shall be in accordance with the order established for support, under Article 294. (3) In case of descendants of the same degree, or of brothers and sisters, the oldest shall be preferred. In case of ascendants, the paternal shall have better right.

ARTICLE 306. Every funeral shall be in keeping with the social position of the deceased.

ARTICLE 307. The funeral shall be in accordance with the expressed wishes of the deceased. In the absence of such expression, his religious beliefs or affiliation shall determine the funeral rites. In case of doubt, the form of the funeral shall be decided upon by the person obliged to make arrangements for the same, after consulting the other members of the family.

ARTICLE 308. No human remains shall be retained, interred, disposed of, or exhumed without the consent of the persons mentioned in Articles 294 and 305.

ARTICLE 309. Any person who shows disrespect to the dead, or wrongfully interferes with the funeral shall be liable to the family of the deceased for damages, material and moral.

ARTICLE 310. The construction of a tombstone or mausoleum shall be deemed a part of the funeral expenses, and shall be chargeable to the conjugal partnership property, if the deceased is one of the spouses.

Title XI, Parental Authority, was repealed by EO No. 209, s. 1987.

Title XII - Care and Education of Children

ARTICLE 356. Every child:

  1. Is entitled to parental care;
  2. Shall receive at least elementary education;
  3. Shall be given moral and civic training by the parents or guardian;
  4. Has the right to live in an atmosphere conducive to his physical, moral and intellectual development.

ARTICLE 357. Every child shall:

  1. Obey and honor his parents or guardian;
  2. Respect his grandparents, old relatives, and persons holding substitute parental authority;
  3. Exert his utmost for his education and training;
  4. Cooperate with the family in all matters that make for the good of the same.

ARTICLE 358. Every parent and every person holding substitute parental authority shall see to it that the rights of the child are respected and his duties complied with, and shall particularly, by precept and example, imbue the child with high-mindedness, love of country, veneration for the national heroes, fidelity to democracy as a way of life, and attachment to the ideal of permanent world peace.

ARTICLE 359. The government promotes the full growth of the faculties of every child. For this purpose, the government will establish, whenever possible:

  1. Schools in every barrio, municipality and city where optional religious instruction shall be taught as part of the curriculum at the option of the parent or guardian;
  2. Puericulture and similar centers;
  3. Councils for the Protection of Children; and
  4. Juvenile courts.

ARTICLE 360. The Council for the Protection of Children shall look after the welfare of children in the municipality. It shall, among other functions:

  1. Foster the education of every child in the municipality;
  2. Encourage the cultivation of the duties of parents;
  3. Protect and assist abandoned or mistreated children, and orphans;
  4. Take steps to prevent juvenile delinquency;
  5. Adopt measures for the health of children;
  6. Promote the opening and maintenance of playgrounds;
  7. Coordinate the activities of organizations devoted to the welfare of children, and secure their cooperation.

ARTICLE 361. Juvenile courts will be established, as far as practicable, in every chartered city or large municipality.

ARTICLE 362. Whenever a child is found delinquent by any court, the father, mother, or guardian may in a proper case be judicially admonished.

ARTICLE 363. In all questions on the care, custody, education and property of children, the latter's welfare shall be paramount. No mother shall be separated from her child under seven years of age, unless the court finds compelling reasons for such measure.

Title XIII - Surnames

ARTICLE 364. Legitimate and legitimated children shall principally use the surname of the father.

ARTICLE 365. An adopted child shall bear the surname of the adopter.

ARTICLE 366. A natural child acknowledged by both parents shall principally use the surname of the father. If recognized by only one of the parents, a natural child shall employ the surname of the recognizing parent.

ARTICLE 367. Natural children by legal fiction shall principally employ the surname of the father.

ARTICLE 368. Illegitimate children referred to in Article 287 shall bear the surname of the mother.

ARTICLE 369. Children conceived before the decree annulling a voidable marriage shall principally use the surname of the father.

ARTICLE 370. A married woman may use:

  1. Her maiden first name and surname and add her husband's surname, or
  2. Her maiden first name and her husband's surname, or
  3. Her husband's full name, but prefixing a word indicating that she is his wife, such as “Mrs.”

ARTICLE 371. In case of annulment of marriage, and the wife is the guilty party, she shall resume her maiden name and surname. If she is the innocent spouse, she may resume her maiden name and surname. However, she may choose to continue employing her former husband's surname, unless:

  1. The court decrees otherwise; or
  2. She or the former husband is married again to another person.

ARTICLE 372. When legal separation has been granted, the wife shall continue using her name and surname employed before the legal separation.

ARTICLE 373. A widow may use the deceased husband's surname as though he were still living, in accordance with Article 370.

ARTICLE 374. In case of identity of names and surnames, the younger person shall be obliged to use such additional name or surname as will avoid confusion.

ARTICLE 375. In case of identity of names and surnames between ascendants and descendants, the word “Junior” can be used only by a son. Grandsons and other direct male descendants shall either:

  1. Add a middle name or the mother's surname, or
  2. Add the Roman numerals II, III, and so on.

ARTICLE 376. No person can change his name or surname without judicial authority. (4)

ARTICLE 377. Usurpation of a name and surname may be the subject of an action for damages and other relief.

ARTICLE 378. The unauthorized or unlawful use of another person's surname gives a right of action to the latter.

ARTICLE 379. The employment of pen names or stage names is permitted, provided it is done in good faith and there is no injury to third persons. Pen names and stage names cannot be usurped.

ARTICLE 380. Except as provided in the preceding article, no person shall use different names and surnames.

Title XIV - Absence

Chapter I - Provisional Measures in Case of Absence

ARTICLE 381. When a person disappears from his domicile, his whereabouts being unknown, and without leaving an agent to administer his property, the judge, at the instance of an interested party, a relative, or a friend, may appoint a person to represent him in all that may be necessary.

This same rule shall be observed when under similar circumstances the power conferred by the absentee has expired. (181a)

ARTICLE 382. The appointment referred to in the preceding article having been made, the judge shall take the necessary measures to safeguard the rights and interests of the absentee and shall specify the powers, obligations and remuneration of his representative, regulating them, according to the circumstances, by the rules concerning guardians. (182)

(This Article and Article 412 are amended by Republic Act No. 9048 and CRG Administrative Order No. 1, s. 2001 — Rules and Regulations Governing the Implementation of R.A. No. 9048 — and further amended by R.A. No. 10172. Please refer to the Appendix for the complete provisions of R.A. Nos. 9048 and 10172 and their IRRs.)

ARTICLE 383. In the appointment of a representative, the spouse present shall be preferred when there is no legal separation.

If the absentee left no spouse, or if the spouse present is a minor, any competent person may be appointed by the court. (183a)

Chapter II - Declaration of Absence

ARTICLE 384. Two years having elapsed without any news about the absentee or since the receipt of the last news, and five years in case the absentee has left a person in charge of the administration of his property, his absence may be declared. (184a)

ARTICLE 385. The following may ask for the declaration of absence:

  1. The spouse present;
  2. The heirs instituted in a will, who may present an authentic copy of the same;
  3. The relatives who may succeed by the law of intestacy;
  4. Those who may have over the property of the absentee some right subordinated to the condition of his death. (185)

ARTICLE 386. The judicial declaration of absence shall not take effect until six months after its publication in a newspaper of general circulation. (186a)

Chapter III - Administration of the Property of the Absentee

ARTICLE 387. An administrator of the absentee's property shall be appointed in accordance with Article 383. (187a)

ARTICLE 388. The wife who is appointed as an administratrix of the husband's property cannot alienate or encumber the husband's property, or that of the conjugal partnership, without judicial authority. (188a)

ARTICLE 389. The administration shall cease in any of the following cases:

  1. When the absentee appears personally or by means of an agent;
  2. When the death of the absentee is proved and his testate or intestate heirs appear;
  3. When a third person appears, showing by a proper document that he has acquired the absentee's property by purchase or other title.

In these cases the administrator shall cease in the performance of his office, and the property shall be at the disposal of those who may have a right thereto. (190)

Chapter IV - Presumption of Death

ARTICLE 390. After an absence of seven years, it being unknown whether or not the absentee still lives, he shall be presumed dead for all purposes, except for those of succession. (n)

The absentee shall not be presumed dead for the purpose of opening his succession till after an absence of ten years. If he disappeared after the age of seventy-five years, an absence of five years shall be sufficient in order that his succession may be opened. (n)

ARTICLE 391. The following shall be presumed dead for all purposes, including the division of the estate among the heirs:

  1. A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been heard of for four years since the loss of the vessel or aeroplane;
  2. A person in the armed forces who has taken part in war, and has been missing for four years;
  3. A person who has been in danger of death under other circumstances and his existence has not been known for four years. (n)

ARTICLE 392. If the absentee appears, or without appearing his existence is proved, he shall recover his property in the condition in which it may be found, and the price of any property that may have been alienated or the property acquired therewith; but he cannot claim either fruits or rents. (194)

Chapter V - Effect of Absence Upon the Contingent Rights of the Absentee

ARTICLE 393. Whoever claims a right pertaining to a person whose existence is not recognized must prove that he was living at the time his existence was necessary in order to acquire said right. (195)

ARTICLE 394. Without prejudice to the provision of the preceding article, upon the opening of a succession to which an absentee is called, his share shall accrue to his coheirs, unless he has heirs, assigns, or a representative. They shall all, as the case may be, make an inventory of the property. (196a)

ARTICLE 395. The provisions of the preceding article are understood to be without prejudice to the action of petition for inheritance or other rights which are vested in the absentee, his representatives or successors in interest. These rights shall not be extinguished save by lapse of time fixed for prescription. In the record that is made in the Registry of the real estate which accrues to the coheirs, the circumstance of its being subject to the provisions of this article shall be stated. (197)

ARTICLE 396. Those who may have entered upon the inheritance shall appropriate the fruits received in good faith so long as the absentee does not appear, or while his representatives or successors in interest do not bring the proper actions. (198)

Title XV, Emancipation and age of Majority, was repealed by EO No. 209, s. 1987

Title XVI - Civil Register

ARTICLE 407. Acts, events and judicial decrees concerning the civil status of persons shall be recorded in the civil register. (325a)

ARTICLE 408. The following shall be entered in the civil register:

  1. Births;
  2. Marriages;
  3. Deaths;
  4. Legal separations;
  5. Annulments of marriage;
  6. Judgments declaring marriages void from the beginning;
  7. Legitimations;
  8. Adoptions;
  9. Acknowledgments of natural children;
  10. Naturalization;
  11. Loss of citizenship;
  12. Recovery of citizenship;
  13. Civil interdiction;
  14. Judicial determination of filiation;
  15. Voluntary emancipation of a minor; and
  16. Changes of name. (326a)

ARTICLE 409. In cases of legal separation, adoption, naturalization and other judicial orders mentioned in the preceding article, it shall be the duty of the clerk of the court which issued the decree to ascertain whether the same has been registered, and if this has not been done, to send a copy of said decree to the civil registry of the city or municipality where the court is functioning. (n)

ARTICLE 410. The books making up the civil register and all documents relating thereto shall be considered public documents and shall be prima facie evidence of the facts therein contained. (n)

ARTICLE 411. Every civil registrar shall be civilly responsible for any unauthorized alteration made in any civil register, to any person suffering damage thereby. However, the civil registrar may exempt himself from such liability if he proves that he has taken every reasonable precaution to prevent the unlawful alteration. (n)

ARTICLE 412. No entry in a civil register shall be changed or corrected without a judicial order. (n) (amended by R.A. No. 9048 (with IRR in CRG Administrative Order No. 1, s. 2001) and further amended by R.A. No. 10172.)

ARTICLE 413. All other matters pertaining to the registration of civil status shall be governed by special laws. (n)