The Preliminary Title is Articles 1 to 36 of the Civil Code, and it does two very different jobs. Articles 1 to 18 are the rules about rules: when a law takes effect, whether it can be applied to past events, which country’s law governs property and inheritance, and the weight of Supreme Court decisions. Articles 19 to 36, the Human Relations chapter, do something more unusual — they create civil liability directly, without needing a contract or a crime. If someone exercised a right abusively, enriched themselves at your expense, or violated your dignity or privacy, the legal basis for a damages claim is usually found here rather than in Book IV. That is why this short opening section matters out of all proportion to its length.
Quick Answer
The Preliminary Title has two chapters. Chapter 1, Effect and Application of Laws (Arts. 1–18), covers effectivity, non-retroactivity, ignorance of the law, waiver of rights, the status of judicial decisions, and which law applies where a foreign element is involved. Chapter 2, Human Relations (Arts. 19–36), is the source of civil liability for abuse of rights, acts contrary to law or to morals and good customs, unjust enrichment, invasions of dignity and privacy, and the independent civil actions that can be filed separately from a criminal case.
The two chapters
| Chapter | Articles | What it governs |
|---|---|---|
| Chapter 1 — Effect and Application of Laws | 1–18 | Effectivity of laws, non-retroactivity, ignorance of the law, mandatory and prohibitory laws, waiver of rights, judicial decisions as part of the legal system, custom, computation of periods, and conflict-of-law rules for property, succession and the form of acts |
| Chapter 2 — Human Relations | 19–36 | Abuse of rights, acts contrary to law, morals or public policy, unjust enrichment, dignity and privacy, refusal of duty by a public officer, unfair competition, independent civil actions, and prejudicial question |
The provisions that decide real cases
Article 8 — decisions are part of the legal system
Judicial decisions applying or interpreting the laws or the Constitution form part of the legal system of the Philippines. This is why a Civil Code article can rarely be read on its own: the article states the rule, and Supreme Court decisions supply the elements, the tests and the burden of proof. It is also why a guide that quotes only the codal text, without the jurisprudence, is incomplete.
Articles 3, 4 and 5 — ignorance, retroactivity and void acts
Ignorance of the law excuses no one from compliance (Art. 3). Laws have no retroactive effect unless the contrary is provided (Art. 4), which is why the governing law is usually the one in force when the contract was signed, the property was registered, or the person died. Acts executed against mandatory or prohibitory laws are void, except when the law itself authorises their validity (Art. 5).
Article 6 — rights may be waived, but not always
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 recognised by law. Waivers and quitclaims are common in settlements, and this is the article against which they are tested.
Article 16 — which country’s law governs property and inheritance
Real and personal property is subject to the law of the country where it is situated. But intestate and testamentary succession — the order of succession, the amount of successional rights, and the intrinsic validity of testamentary provisions — is regulated by the national law of the person whose succession is under consideration, whatever the nature of the property and the country where it is found. For families with a foreign parent or a decedent who was a foreign citizen, this article decides the case before any article on legitimes is reached.
Articles 19 to 22 — the general basis for a damages claim
Article 19 requires everyone to act with justice, give everyone his due, and observe honesty and good faith in the exercise of rights and the performance of duties. Article 20 makes a person who causes damage to another by an act contrary to law liable for it. Article 21 covers wilful acts that cause loss or injury in a manner contrary to morals, good customs or public policy — conduct that is not illegal but is indefensible. Article 22 requires the return of what was acquired without just or legal ground at another’s expense. Together they are the reason a claim can succeed even when no contract was breached and no crime was committed.
Articles 32 to 35 — civil actions that stand on their own
Several articles create civil actions that are entirely separate from a criminal prosecution, including liability for violating constitutional rights (Art. 32) and the independent civil action in cases of defamation, fraud and physical injuries (Art. 33). These proceed independently of the criminal case and require only preponderance of evidence. An acquittal in the criminal case does not automatically end them.
Where these articles are explained on CivilLaw.PH
- Arts. 19–22 and 32–35 — Damages and Civil Liability, which covers abuse of rights, unjust enrichment and the independent civil actions alongside quasi-delict.
- Art. 16 — Succession and Inheritance, where it governs estates with a foreign element.
- Arts. 3–5 and the date that fixes the governing law — relevant across every hub, and stated in each guide where the applicable rule has changed over time.
What this page does not establish
Articles 19 to 36 create liability, but they do not tell you what you can recover; the classes of damages and the requisites of each are in Book IV. They also do not decide procedure — which court, what must be filed first, and how long you have. A claim under Article 21 is still subject to the prescriptive periods at the end of Book III and, in many disputes between residents of the same city or municipality, to prior barangay conciliation.
Frequently asked questions
Can I sue someone who did something legal but unfair?
Possibly, and Articles 19 and 21 are the basis. Article 21 addresses wilful acts that cause loss or injury in a manner contrary to morals, good customs or public policy. The difficulty is evidentiary rather than legal: you must prove the act, the intent or wilfulness, the injury, and that the conduct offended one of those standards. A court will not treat ordinary hard bargaining as an abuse of rights.
If the accused is acquitted, does the civil case end?
Not necessarily. Where the civil action is one of the independent civil actions — such as the action for defamation, fraud or physical injuries under Article 33 — it proceeds separately and needs only preponderance of evidence, a lower standard than proof beyond reasonable doubt. Whether a particular claim is independent depends on the article invoked and how the case was filed.
My relative was a foreign citizen. Do Philippine legitimes apply to the estate?
Under Article 16, the order of succession, the amount of successional rights and the intrinsic validity of testamentary provisions are governed by the national law of the decedent, not by the location of the property. Philippine land forms part of the estate, but who inherits it and in what shares may be decided by another country’s law. Estates like these need advice on both legal systems.
Sources and Legal Citations
- Civil Code of the Philippines, Republic Act No. 386, Preliminary Title, Arts. 1–36, full text at lawphil.net. Supports: the two-chapter structure and the substance of Arts. 3, 4, 5, 6, 8, 16, 19, 20, 21, 22, 32 and 33. Status: verified against the published text.
- Civil Code of the Philippines, Republic Act No. 386, Arts. 1139–1155 (prescription of actions). Supports: that a Human Relations claim remains subject to a prescriptive period.
- Local Government Code of 1991, Republic Act No. 7160, Ch. 7 (Katarungang Pambarangay), ss. 408–412. Supports: that prior barangay conciliation may be required before filing.
Sources rechecked as of 11 September 2026.
Disclaimer
This page is general legal information, not legal advice. Whether any of these articles applies to your situation depends on facts and evidence. CivilLaw.PH is independent and is not a government website, a court, a registry or a law firm.