Civil Code, Article 9 — Duty of Courts to Decide

What this article means

A court cannot refuse to decide a case simply because no law squarely covers it, or the law is unclear or incomplete. Where the statute is silent or obscure, the judge must still resolve the dispute — drawing on analogy, custom, general principles of law, and equity (see Article 10). This applies to civil cases; in criminal cases, the principle that there is no crime without a law (nullum crimen sine lege) still controls.

Questions about this provision

• Can a judge refuse to decide a case because the law is silent, obscure or insufficient?

Related provisions

• Article 10 — the presumption of right and justice in doubtful cases.
• Article 8 — decisions filling those gaps become part of the law.

Cases citing this article

• Dioscoro Poliño Bacala, substitute Judicial Guardian of Incompetent Aquilino O. Poliño vs. Heirs of, G.R. No. 200608, February 10, 2021 — read the decision on LawPhil →
• In the Matter of Urgent Petition for the Release of Prisoners on Humanitarian Grounds, G.R. No. 252117, July 28, 2020 — read the decision on LawPhil →
• David Reyes, et al. vs. Jose Lim, et al, G.R. No. 134241, August 11, 2003 — read the decision on LawPhil →
• City Warden of the Manila City Jail vs. Raymond S. Estrella, et al, G.R. No. 141211, August 31, 2001 — read the decision on LawPhil →
• Spouses Dr. John O. Maliga vs. Spouses Abrahim N. Tingao, G.R. No. 211089, July 11, 2023 — read the decision on LawPhil →

Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.