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Guide for Good Citizens

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  REPUBLIC ACT NO. 386AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THEPHILIPPINESPRELIMINARY TITLECHAPTER 1Effect an A!! #cat#$n $f La%&A't#c e 1.  This Act shall be known as the Civil Code of the Philippines. (n) A't#c e (.  Laws shall take effect after fifteen days following the completion of their pblication in the !fficial a#ette$ nless it is otherwise provided. This Code shall take effect one year after sch pblication. (%a) A't#c e 3.  &gnorance of the law e'cses no one from compliance therewith.() A't#c e ).  Laws shall have no retroactive effect$ nless the contrary is provided. () A't#c e *.  Acts e'ected against the provisions of mandatory or prohibitory laws shall be void$ e'cept when the law itself athori#es their validity. (*a) A't#c e 6.  +ights may be waived$ nless the waiver is contrary to law$ pblic order$ pblic policy$ morals$ or good cstoms$ or pre,dicial to a thirdperson with a right recogni#ed by law. (*a) A't#c e +.  Laws are repealed only by sbse-ent ones$ and their violation or nonobservance shall not be e'csed by disse$ or cstom or practice to the contrary./hen the corts declared a law to be inconsistent with the Constittion$ the former shall be void and the latter shall govern.  Administrative or e'ective acts$ orders and reglations shall be valid only when they are not contrary to the laws or the Constittion. (0a) A't#c e 8.  1dicial decisions applying or interpreting the laws or the Constittion shall form a part of the legal system of the Philippines. (n) A't#c e ,.  2o ,dge or cort shall decline to render ,dgment by reason of the silence$ obscrity or insfficiency of the laws. (3)  A't#c e 1-.  &n case of dobt in the interpretation or application of laws$ it is presmed that the lawmaking body intended right and ,stice to prevail. (n) A't#c e 11.  Cstoms which are contrary to law$ pblic order or pblic policy shall not be contenanced. (n) A't#c e 1(.  A cstom mst be proved as a fact$ according to the rles of evidence. (n) A't#c e 13.  /hen the laws speak of years$ months$ days or nights$ it shall be nderstood that years are of three hndred si'tyfive days each4 months$ of thirty days4 days$ of twentyfor hors4 and nights from snset to snrise.&f months are designated by their name$ they shall be compted by the nmber of days which they respectively have.&n compting a period$ the first day shall be e'clded$ and the last day inclded. (5a) A't#c e 1).  Penal laws and those of pblic secrity and safety shall be obligatory pon all who live or so,orn in the Philippine territory$ sb,ect to the principles of pblic international law and to treaty stiplations. (6a) A't#c e 1*.  Laws relating to family rights and dties$ or to the stats$ condition and legal capacity of persons are binding pon citi#ens of the Philippines$ even thogh living abroad. (7a) A't#c e 16.  +eal property as well as personal property is sb,ect to the law of the contry where it is stiplated.8owever$ intestate and testamentary sccessions$ both with respect to the order of sccession and to the amont of sccessional rights and to the intrinsic validity of testamentary provisions$ shall be reglated by the national law of the person whose sccession is nder consideration$ whatever may be the natre of the property and regardless of the contry wherein said property may be fond. (%9a) A't#c e 1+.  The forms and solemnities of contracts$ wills$ and other pblic instrments shall be governed by the laws of the contry in which they are e'ected./hen the acts referred to are e'ected before the diplomatic or conslar officials of the +epblic of the Philippines in a foreign contry$ the  solemnities established by Philippine laws shall be observed in their e'ection. Prohibitive laws concerning persons$ their acts or property$ and those which have for their ob,ect pblic order$ pblic policy and good cstoms shall not be rendered ineffective by laws or ,dgments promlgated$ or by determinations or conventions agreed pon in a foreign contry. (%%a) A't#c e 18.  &n matters which are governed by the Code of Commerce and special laws$ their deficiency shall be spplied by the provisions of this Code. (%3a) CHAPTER (H/an Re at#$n& 0nA't#c e 1,.  :very person mst$ in the e'ercise of his rights and in the performance of his dties$ act with ,stice$ give everyone his de$ and observe honesty and good faith. A't#c e (-.  :very person who$ contrary to law$ wilflly or negligently cases damage to another$ shall indemnify the latter for the same. A't#c e (1.  Any person who wilflly cases loss or in,ry to another in manner that is contrary to morals$ good cstoms or pblic policy shall compensate the latter for the damage. A't#c e ((.  :very person who throgh an act of performance by another$ or any other means$ ac-ires or comes into possession of something at the e'pense of the latter withot ,st or legal grond$ shall retrn the same to him. A't#c e (3.  :ven when an act or event casing damage to another;s property was not de to the falt or negligence of the defendant$ the latter shall be liable for indemnity if throgh the act or event he was benefited. A't#c e ().  &n all contractal$ property or other relations$ when one of the parties is at a disadvantage on accont of his moral dependence$ ignorance$ indigence$ mental weakness$ tender age or other handicap$ the corts mst be vigilant for his protection. A't#c e (*.  Thoghtless e'travagance in e'penses for pleasre or display dring a period of acte pblic want or emergency may be stopped by  order of the corts at the instance of any government or private charitable instittion. A't#c e (6.  :very person shall respect the dignity$ personality$ privacy and peace of mind of his neighbors and other persons. The following and similar acts$ thogh they may not constitte a criminal offense$ shall prodce a case of action for damages$ prevention and other relief<(%) Prying into the privacy of another;s residence4() =eddling with or distrbing the private life or family relations of another4() &ntriging to case another to be alienated from his friends4(*) >e'ing or hmiliating another on accont of his religios beliefs$ lowly station in life$ place of birth$ physical defect$ or other personal condition. A't#c e (+.  Any person sffering material or moral loss becase a pblic servant or employee refses or neglects$ withot ,st case$ to perform hisofficial dty may file an action for damages and other relief against the latter$ withot pre,dice to any disciplinary administrative action that may be taken. A't#c e (8.  ?nfair competition in agricltral$ commercial or indstrial enterprises or in labor throgh the se of force$ intimidation$ deceit$ machination or any other n,st$ oppressive or highhanded method shall give rise to a right of action by the person who thereby sffers damage. A't#c e (,.  /hen the accsed in a criminal prosection is ac-itted on the grond that his gilt has not been proved beyond reasonable dobt$ a civil action for damages for the same act or omission may be institted. @ch action re-ires only a preponderance of evidence. ?pon motion of the defendant$ the cort may re-ire the plaintiff to file a bond to answer for damages in case the complaint shold be fond to be malicios.&f in a criminal case the ,dgment of ac-ittal is based pon reasonable dobt$ the cort shall so declare. &n the absence of any declaration to that effect$ it may be inferred from the te't of the decision whether or not the ac-ittal is de to that grond.

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