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Civil Code of the Philippines

December 04, 2023

The Civil Code of the Philippines is the product of the codification of private law in the Philippines. It is the general law that governs family and property relations in the Philippines. It was enacted in 1950, and remains in force to date with some significant amendments.[citation needed]

Civil Code of the Philippines
Congress of the Philippines
  • An Act to Ordain and Institute The Civil Code of the Philippines
CitationRepublic Act No. 386
Territorial extentPhilippines
Enacted byCode Commission with the advice and consent of the Philippine Legislature
EnactedJune 18, 1949
SignedJune 18, 1949
EffectiveAugust 30, 1950
Repeals
Executive Order No. 209
(Family Code of the Philippines)
Presidential Decree No. 603
(Child and Youth Welfare Code)
Keywords
Civil law
(Private law)
Status: In force

History edit

The Philippine Civil Code is strongly influenced by the Spanish Civil Code, which was first enforced in 1889 within the Philippines when it was still a colony of the Spanish Empire. The Código Civil remained in effect even throughout the American Occupation; by 1940, the Commonwealth Government of President Manuel Luis Quezon formed a Commission tasked with drafting a new Code. The Commission was initially headed by Chief Justice Ramón Avanceña, but its work was interrupted by the Japanese invasion and the Second World War. The Commission's records were later destroyed by Allied bombing during the Battle of Manila in 1945.[citation needed]

In 1947, President Manuel Roxas of the Third Republic created a new Code Commission, this time headed by the former Dean of the University of the Philippines College of Law, Jorge Bocobo. Among the members of this new Commission were future Supreme Court Associate Justice Francisco R. Capistrano, and future senator Arturo Tolentino. The Code Commission completed the final draft of the new Civil Code by December 1947, and this was submitted to Congress, which enacted it into law through Republic Act No. 386. The Civil Code took effect in 1950.[1]

Due to its wide coverage and impact, the Civil Code is the subject of much study and extensive commentary. Several legal luminaries developed reputations as experts on the Civil Code and consequently enhanced their reputations in the field of Philippine law. These include Tolentino, who himself had helped draft it, Supreme Court Associate Justices J. B. L. Reyes, Flérida Ruth P. Romero, José Vitug, and Edgardo Paras.[citation needed]

Content edit

The influence of the Spanish Civil Code is most evident in the books on property, succession and obligations and contracts. The law on succession, for example, retains such concepts indigenous to Spain such as the rule on legitimes and reserva troncal. On the other hand, many of the provisions on special contracts, particularly on sales, are derived from common law as practised in the United States, reflecting the influence of American colonial rule and the influx of commercial relations involving Americans at the time.[citation needed]

The great mass of disputes between private persons over civil and property relations are resolved by applying the provisions of the Civil Code. With over 2,000 specific provisions, the Civil Code attempts to anticipate all possible questions arising from civil and property relations and prescribe a definitive solution for these problems. Understandably, the Civil Code itself is unable to provide a definite answer for all emerging problems; thus the courts also rely on precedent based on interpretations by the Supreme Court. This the Civil Code itself notably recognises in saying that "[j]udicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines" (Article 8, Civil Code), a recognition of the eminent role now played by precedents in Philippine law. The Civil Code is divided into four “books”, with each specific book namely:[citation needed]

Persons and family relations edit

The Chapter 2 of the Civil code was formulated to indicate certain norms that spring from the fountain of good conscience, that will serve as golden threads through society to the end of that law may approach its supreme ideal which is sway and dominance of justice, the primary precept of this portion is derived from Justinian's Institutes: iuris praecepta sunt haec: honeste vivere, alterum non laedere, suum cuique tribuere. (Inst. 1,1,3-4). (Translated into English: “the precepts of law are these: to live honestly, to injure no one, [and] to give to each his own.”). Civil personality defines the distinction between natural and juridical persons, as well as the difference between juridical capacity and capacity to act.[2]

  • Effect and Application of Laws
  • Human relations
  • Civil Personality
  • Citizenship and Domicile
  • Funerals
  • Care and Education of Children
  • Use of Surnames
  • Absence
  • Civil Register

The Family Code edit

In 1987, President Corazon Aquino enacted into law the Family Code of 1987, which supplanted Book I of the Civil Code concerning persons and family relations.[citation needed]

Property, ownership and its modifications edit

Focuses on property, which classifies and defines the different kinds of appropriable objects, provides for their acquisitions and loss and treats the nature and consequences of real right. Ownership is independent and general right of the person to control a thing particularly in his possession, enjoyment, disposition, and recovery, subject to no restrictions except those imposed by the state or private persons, without prejudice to the provisions of the law. .[3][4]

  • Classification of Property
  • Ownership
  • Co-Ownership
  • Special Properties
  • Possession
  • Usufruct
  • Easement and Servitudes
  • Nuissance
  • Registry of Property

Modes of acquiring ownership edit

Ownership is acquired by occupation and by intellectual creation. Ownership and other real rights over property are acquired and transmitted by law, by donation, by testate and intestate succession, and in consequence of certain contracts by tradition. They may be also acquired by acquisitive prescription.[5]

  • Occupation
  • Intellectual creation
  • Donation
  • Succession
  • Acquisitive prescription

Obligations and contracts edit

See also: Contract § Philippine contract law

Law of obligations is defined as juridical necessity to give, to do or not do. A contract is a meeting of the minds between two persons whereby one binds himself with respect to the other to give something or to render some service.[6][7]

Torts and damages edit

Developments in torts and damages law in the Philippines are mostly guided by judicial precedents. However, the Civil Code does provide several pertinent provisions regarding quasi-delicts, as well as provisions on damages. Damages can be incurred when there is harm done and what may be recovered arising from wrongful, unwrongful and tortuous act. Damages can be actual or compensatory, moral, nominal, temperate or moderate, liquidated and exemplary or corrective.[8]

See also edit

Notes edit

  1. ^ Tolentino 1990, pp. 6–7
  2. ^ Paras 2008a, p. 7
  3. ^ Paras 2008b, p. 1
  4. ^ Paras 2008b, p. 81
  5. ^ Paras 2008b, p. 774
  6. ^ Civil Code 2016, p. 227
  7. ^ Civil Code 2016, p. 264
  8. ^ Civil Code 2016, p. 519

References edit

  • Civil Code of the Philippines. REX Book Store. 2016.
  • Tolentino, Arturo (1990). Civil Code of the Philippines:Commentaries and Jurisprudence, Vol. I. Philippines: Central Lawbook Publishing Co., Inc. ISBN 971-16-0124-9.
  • Sempio-Diy, Alicia (1988). Handbook on the Family Code of the Philippines. Quezon City: Central Lawbook Publishing Co., Inc.
  • Paras, Edgardo (2008a). Civil Code of the Philippines Annotated. Vol. I. Manila: Rex Bookstore.
  • Paras, Edgardo (2008b). Civil Code of the Philippines Annotated. Vol. II. Manila: Rex Bookstore.

External links edit

  • Civil Code of the Philippines - from The Corpus Juris
  • - from The Corpus Juris

December 04, 2023
civil, code, philippines, product, codification, private, philippines, general, that, governs, family, property, relations, philippines, enacted, 1950, remains, force, date, with, some, significant, amendments, citation, needed, congress, philippineslong, titl. The Civil Code of the Philippines is the product of the codification of private law in the Philippines It is the general law that governs family and property relations in the Philippines It was enacted in 1950 and remains in force to date with some significant amendments citation needed Civil Code of the PhilippinesCongress of the PhilippinesLong title An Act to Ordain and Institute The Civil Code of the PhilippinesCitationRepublic Act No 386Territorial extentPhilippinesEnacted byCode Commission with the advice and consent of the Philippine LegislatureEnactedJune 18 1949SignedJune 18 1949EffectiveAugust 30 1950RepealsExecutive Order No 209 Family Code of the Philippines Presidential Decree No 603 Child and Youth Welfare Code KeywordsCivil law Private law Status In forceThis article includes a list of references related reading or external links but its sources remain unclear because it lacks inline citations Please help to improve this article by introducing more precise citations July 2023 Learn how and when to remove this template message Contents 1 History 2 Content 2 1 Persons and family relations 2 1 1 The Family Code 2 2 Property ownership and its modifications 2 3 Modes of acquiring ownership 2 4 Obligations and contracts 2 5 Torts and damages 3 See also 4 Notes 5 References 6 External linksHistory editThe Philippine Civil Code is strongly influenced by the Spanish Civil Code which was first enforced in 1889 within the Philippines when it was still a colony of the Spanish Empire The Codigo Civil remained in effect even throughout the American Occupation by 1940 the Commonwealth Government of President Manuel Luis Quezon formed a Commission tasked with drafting a new Code The Commission was initially headed by Chief Justice Ramon Avancena but its work was interrupted by the Japanese invasion and the Second World War The Commission s records were later destroyed by Allied bombing during the Battle of Manila in 1945 citation needed In 1947 President Manuel Roxas of the Third Republic created a new Code Commission this time headed by the former Dean of the University of the Philippines College of Law Jorge Bocobo Among the members of this new Commission were future Supreme Court Associate Justice Francisco R Capistrano and future senator Arturo Tolentino The Code Commission completed the final draft of the new Civil Code by December 1947 and this was submitted to Congress which enacted it into law through Republic Act No 386 The Civil Code took effect in 1950 1 Due to its wide coverage and impact the Civil Code is the subject of much study and extensive commentary Several legal luminaries developed reputations as experts on the Civil Code and consequently enhanced their reputations in the field of Philippine law These include Tolentino who himself had helped draft it Supreme Court Associate Justices J B L Reyes Flerida Ruth P Romero Jose Vitug and Edgardo Paras citation needed Content editThe influence of the Spanish Civil Code is most evident in the books on property succession and obligations and contracts The law on succession for example retains such concepts indigenous to Spain such as the rule on legitimes and reserva troncal On the other hand many of the provisions on special contracts particularly on sales are derived from common law as practised in the United States reflecting the influence of American colonial rule and the influx of commercial relations involving Americans at the time citation needed The great mass of disputes between private persons over civil and property relations are resolved by applying the provisions of the Civil Code With over 2 000 specific provisions the Civil Code attempts to anticipate all possible questions arising from civil and property relations and prescribe a definitive solution for these problems Understandably the Civil Code itself is unable to provide a definite answer for all emerging problems thus the courts also rely on precedent based on interpretations by the Supreme Court This the Civil Code itself notably recognises in saying that j udicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines Article 8 Civil Code a recognition of the eminent role now played by precedents in Philippine law The Civil Code is divided into four books with each specific book namely citation needed Persons and family relations edit The Chapter 2 of the Civil code was formulated to indicate certain norms that spring from the fountain of good conscience that will serve as golden threads through society to the end of that law may approach its supreme ideal which is sway and dominance of justice the primary precept of this portion is derived from Justinian s Institutes iuris praecepta sunt haec honeste vivere alterum non laedere suum cuique tribuere Inst 1 1 3 4 Translated into English the precepts of law are these to live honestly to injure no one and to give to each his own Civil personality defines the distinction between natural and juridical persons as well as the difference between juridical capacity and capacity to act 2 Effect and Application of Laws Human relations Civil Personality Citizenship and Domicile Funerals Care and Education of Children Use of Surnames Absence Civil Register dd The Family Code edit In 1987 President Corazon Aquino enacted into law the Family Code of 1987 which supplanted Book I of the Civil Code concerning persons and family relations citation needed Property ownership and its modifications edit Focuses on property which classifies and defines the different kinds of appropriable objects provides for their acquisitions and loss and treats the nature and consequences of real right Ownership is independent and general right of the person to control a thing particularly in his possession enjoyment disposition and recovery subject to no restrictions except those imposed by the state or private persons without prejudice to the provisions of the law 3 4 Classification of Property Ownership Co Ownership Special Properties Possession Usufruct Easement and Servitudes Nuissance Registry of Property dd Modes of acquiring ownership edit Ownership is acquired by occupation and by intellectual creation Ownership and other real rights over property are acquired and transmitted by law by donation by testate and intestate succession and in consequence of certain contracts by tradition They may be also acquired by acquisitive prescription 5 Occupation Intellectual creation Donation Succession Acquisitive prescription dd Obligations and contracts edit See also Contract Philippine contract law Law of obligations is defined as juridical necessity to give to do or not do A contract is a meeting of the minds between two persons whereby one binds himself with respect to the other to give something or to render some service 6 7 Obligations Contracts Special contracts encompasses several classes of contracts as trusts sales barter lease loan deposit aleatory contracts compromises guaranty agency pledges mortgage antichresis and partnership Quasi contract Quasi delict dd Torts and damages edit Developments in torts and damages law in the Philippines are mostly guided by judicial precedents However the Civil Code does provide several pertinent provisions regarding quasi delicts as well as provisions on damages Damages can be incurred when there is harm done and what may be recovered arising from wrongful unwrongful and tortuous act Damages can be actual or compensatory moral nominal temperate or moderate liquidated and exemplary or corrective 8 See also editPhilippine legal codesNotes edit Tolentino 1990 pp 6 7 Paras 2008a p 7 Paras 2008b p 1 Paras 2008b p 81 Paras 2008b p 774 Civil Code 2016 p 227 Civil Code 2016 p 264 Civil Code 2016 p 519References editCivil Code of the Philippines REX Book Store 2016 Tolentino Arturo 1990 Civil Code of the Philippines Commentaries and Jurisprudence Vol I Philippines Central Lawbook Publishing Co Inc ISBN 971 16 0124 9 Sempio Diy Alicia 1988 Handbook on the Family Code of the Philippines Quezon City Central Lawbook Publishing Co Inc Paras Edgardo 2008a Civil Code of the Philippines Annotated Vol I Manila Rex Bookstore Paras Edgardo 2008b Civil Code of the Philippines Annotated Vol II Manila Rex Bookstore External links editCivil Code of the Philippines from The Corpus Juris Family Code of the Philippines from The Corpus Juris Retrieved from https en wikipedia org w index php title Civil Code of the Philippines amp oldid 1175153357, wikipedia, wiki, book, books, library,

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