FIFTEENTH CONGRESS

FIRST REGULAR SESSION

)
REPUBLIC OF THE PHILIPPINES —)
)

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and

Representative Maximo B. Rodriguez, Jr.

House Bill No. 3318

EXPLANATORY NOTE

This bill provides for amendments to the Civil Code of the Philippines
(Republic Act No. 386 as amended) to make its provisions more consistent
with each other. And also to make it more applicable to the current situations
prevailing in the Philippines.

‘Among the amendments introduced by this bill include the following

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requested.

Providing for a third mode of testamentary disposition brought
about by technological advances;

Providing that the filing of case with the Punong Barangay
interrupts the running of the prescriptive period;

Providing for the inclusion of academic educational
institutions under the coverage of Article 2180;

Making Article 867 consistent with Article 870;

Making Article 737 consistent with Article 734;

Making Article 941 more consistent with the current times.
under the Civil Code and amending Article 1155 therefore to
that effect. The suspension, however, does not extend to
more than 60 days to prevent the possibility of undue delay
that the suspension might engender.

In view of the foregoing, immediate passage of this bill is earnestly
x

RUFY B. RO! UEZ

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

3318

House Bill No.

AN ACT
PROVIDING FOR OMNIBUS AMENDMENTS TO REPUBLIC ACT NO. 386,
OTHERWISE KNOWN AS THE CIVIL CODE OF THE PHILIPPINES

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

SECTION 1. Section 737 of Republic Act No. 386, also known as the Civil
Code of the Philippines, is hereby amended to read as follows:

Article 737 [The Donor's capacity shall be determined
as of the time of the making of the donation] AT THE
TIME THE DONATION IS PERFECTED, BOTH THE
DONOR AND THE DONEE MUST BE
CAPACITATED.

SEC. 2. Section 804 of Republic Act No. 386, also known as the Civil Code of
the Philippines, is hereby amended to read as follows:

Article 804. Every will must be in writing OR
CONTAINED IN A VIDEO TAPE OR ANY OTHER
SIMILAR VISUAL RECORDING DEVICE and

executed in a language or dialect known to the
testator.

SEC. 3. Section 805 of Republic Act No. 386, also known as the Civil Code of
the Philippines, is hereby amended to read as follows:

Article 805. Every will, other than a holographic will
AND A WILL CONTAINED IN A VIDEO TAPE OR
ANY OTHER SIMILAR VISUAL RECORDING
DEVICE, must be subscribed at the end thereof by
the testator himself or by the testator’s name written
by some other person in his presence, and by his
express direction, and attested and subscribed by
three or more credible witnesses in the presence of
the testator and of one another. x00


SEC. 4. Section 810 of Republic Act No. 386, also known as the Civil Code of
the Philippines, is hereby amended to read as follows:

Article 810. A person may execute a holographic will
which must be entirely written, dated and signed by
the hand of the testator himself. It is subject to no
other form, and may be made in or out of the
Philippines, and need not be witnessed

A PERSON MAY ALSO EXECUTE A WILL WITH
THE USE OF VIDEO EQUIPMENT OR OTHER
SIMILAR RECORDING INSTRUMENTS WHICH
WILL INDICATE WITHOUT DOUBT, THE IDENTITY
OF THE TESTATOR WHO MUST STATE THE DATE
OF THE RECORDING OF SUCH WILL. THE DATE,
AS STATED BY THE TESTATOR, SHALL BE THE
DATE WHICH WILL DETERMINE THE EXECUTION
OF SUCH WILL, AND NOT THE DATE AS
REFLECTED IN THE RECORDING. SUCH WILL IS
SUBJECT TO NO FORM, AND MAY BE MADE IN
OR OUT OF THE PHILIPPINES, AND NEED NOT
BE WITNESSED.

SEC. 5. Section 811 of Republic Act No. 386, also known as the Civil Code of
the Philippines, is hereby amended to read as follows’

Article 811. In the probate of holographic will, it shall
be necessary that at least one witness who knows the
handwriting and signature of the testator explicitly
declare that the will and the signature are in the
handwriting of the testator. If the will is contested, at
least three of such witnesses shall be required.

IN THE PROBATE OF A WILL IN VIDEO TAPE OR
OTHER SIMILAR VISUAL RECORDING DEVICE, IT
SHALL BE NECESSARY THAT AT LEAST ONE
WITNESS WHO KNOWS THE IDENTITY OF THE
TESTATOR ESTABLISH HIS IDENTITY WITH
CERTAINTY. IF THE WILL IS CONTESTED, AT
LEAST THREE OF SUCH WITNESSES SHALL BE
REQUIRED.

In the absence of any competent witness referred to
in the preceding PARAGRAPHS, and if the court

deems it necessary, expert testimony may be
resorted to.

SEC. 6. Section 867 of Republic Act No. 386, also known as the Civil Code of
the Philippines, is hereby amended to read as follows:


Article 867. The following shall not take effect:
Fideicommissary substitutions which are not
made in an express manner, either by giving
them this name, or imposing upon the
fiduciary the absolute obligation to deliver
the property to a second heir,

2) Provisions which contain a perpetual
prohibition to alienate, and even a temporary
one, beyond the limit fixed in Article [863]
870;

3) Those which impose upon the heir the
charge of paying to various persons
successively, beyond the limit prescribed in
Article [863] 870, a certain income or
pension;

4) Those which leave to a person the whole or
part of the hereditary property in order that
he may apply or invest the same according
to secret instructions communicated to him
by the testator.

SEC. 7. Section 941 of Republic Act No. 386, also known as the Civil Code of
the Philippines, is hereby amended to read as follows:

Article 941 - A legacy of generic personal property
shall be valid [even if there be no] IF THERE EXISTS
things of the [same] DESIGNATED kind in the
estate.

A device of indeterminate real property shall be valid

only if there be immovable property of its kind in the
estate.

The right of choice shall belong to the executor or
administrator who shall comply with the legacy by the
delivery of a thing OF THE KIND DESIGNATED IN
THE LEGACY [which is neither of interior nor of
superior quality]

SEC. 8. Section 1155 of Republic Act No. 386, also known as the Civil Code
of the Philippines, is hereby amended to read as follows:

ART. 1155. The prescription of actions is interrupted
when they are filed before the court, when there is a
written extrajudicial demand by the creditors, [and]
when there is a written acknowledgement of the debt
by the debtor, OR WHEN THEY ARE BROUGHT
BEFORE THE PUNONG BARANGAY OR THE
LUPON NG TAGAPAMAYAPA UNDER PERTINENT


PROVISIONS OF THE LOCAL GOVERNMENT
CODE.

IF BROUGHT BEFORE THE PUNONG BARANGAY
OR THE LUPON NG TAGAPAMAYAPA, THE
PRESCRIPTION OF ACTION IS SUSPENDED ONLY
FOR A PERIOD OF SIXTY (60) DAYS.

SEC. 9. The last paragraph of Section 2180 of Republic Act No. 386, also
known as the Civil Code of the Philippines, is hereby amended to read as
follows:

Lastly, teachers or heads of establishment of arts and
trades OR ACADEMIC — EDUCATIONAL
INSTITUTIONS shall be liable for damages caused by
their pupils and students or apprentices, so long as
they remain in their custody.

SEC. 10. Separability Clause - If any provision or part hereof, is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise
affected shall remain valid and subsisting.

SEC. 11. Repealing Clause - Any law, presidential decree, or issuance,
executive order, letter of instruction, administrative order, rule or regulation
contrary to, or inconsistent with, the provisions of this Act is hereby repealed,
modified, or amended accordingly.

SEC. 12. Effectivity Clause - This Act shall take effect fifteen (15) days after
its publication in at least two (2) newspapers of general circulation.

Approved,