Civil Code of the Philippines

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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 despite some significant amendments.

History of the Civil Code

The Civil Code is strongly influenced by the Spanish Civil Code, which was first enforced in 1889 within the Philippines, then a colony of Spain. The Spanish Civil Code remained in effect even during the American colonization of the Philippines. However, by 1940, the Commonwealth Government of President Manuel Quezon had created a Commission to create a new Civil Code. The Commission was initially headed by Chief Justice Ramon Avancea. However, the work of the Commission was interrupted by the Japanese invasion of the Philippines, and its records were destroyed during the Battle of Manila in 1945. In 1947, President Manuel Roxas 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 who sat on the new Commission were future Supreme Court Associate Justice Francisco R. Capistrano, and future VicePresident Arturo Tolentino. The 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 extensive coverage and impact, the Civil Code is among the most widely studied and commented upon laws in the Philippines. 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, Supreme Court Associate Justices J. B. L. Reyes, Flerida Ruth P. Romero, and Jose Vitug.

Features of the Civil Code

The Civil Code is divided into 5 books, with a specific book covering persons and family relations; property; succession; obligations and contracts; and special contracts. Special contracts encompasses several classes of contracts as sales, agency, and partnership. The law on torts and damages is found in Book V, although developments in tort and damages law have been guided less by the Code than by judicial precedents. 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 American common law, reflecting the influence of American rule over the Philippines and the influx of commercial relations involving Americans during that time. The great mass of disputes between private persons over civil and property relations are resolved by application of the provisions of the Civil Code. With over 2000 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, and reliance has been placed by the courts not only on the provisions of the Code, but also on the interpretations of the Code as laid down by theSupreme Court. Notably, the Civil Code itself recognizes 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 judicial precedents in Philippine law.

The Family Code of 1987

In 1987, President Corazon Cojuangco Aquino enacted into law The Family Code of 1987, which was intended to supplant Book I of the Civil Code concerning persons and family relations. Work on the Family Code had begun as early as 1979, and it had been drafted by two successive committees, the first chaired by future Supreme Court Justice Flerida Ruth Romero, and the second chaired by former Supreme Court Justice J. B. L. Reyes. The need was seen to amend the Civil Code through the Family Code in order to, among others, change certain provisions implanted from foreign sources which had proved unsuitable to Filipino culture; and to attune to contemporary developments and trends.[2] The Family Code covers fields of significant public interest, especially the law on marriage. The definition and requisites for marriage, as well as the grounds for its annulment, are found in the Family Code. Also in the Family Code is the law on conjugal property relations, the rules on establishing filiation, and the governing provisions on support, parental authority, and adoption.

LAW IN GENERAL
Details Category: Persons and Family Relations

LAW IN GENERAL

ACCORDING TO JUSTICE BRADLEY, US SUPREME COURT:

Law is a science of principles by which the civil society is regulated and held together, by which right is enforced, and wrong is detected and punished.

ACCORDING TO DE PAGE:
The body of rule governing the conduct of persons living in association with others, under the guaranty of social compulsion.

ACCORDING TO SANCHEZ ROMAN:

Law is a rule of conduct, just, obligatory promulgated by legitimate authority, and of common observance and benefit.

UNCONSTITUTIONALITY OF LAWS, TREATIES, EXECUTIVE OR ADMINISTRATIVE ORDERS

Details Category: Persons and Family Relations

UNCONSTITUTIONALITY OF LAWS, TREATIES, EXECUTIVE OR ADMINISTRATIVE ORDERS

The declare a law or a treaty unconstitutional, according to Sec. 4(2), Art. VIII of the constitution:
All cases involving the constitutionality of a treaty, international or executive agreement, or law which shall be heard by the supreme court en banc, and all other cases which under the rules of court are required to be heard en banc, including those involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations shall be decided with the concurrence of a majority of the members who actually took part in the deliberations on the issues in the case and voted thereon. Cases or matters heard by division shall be decided or resolved with the concurrence of a majority of the members who actually took part in the deliberations on the issues in the case and voted thereon, and in no case, without the concurrence of at least three of such members.When the required number is not obtained, the case shall be decided en banc: Provided, that no doctrine or principle of law laid down by the Court in a decision rendered en banc or in division, may be modified or reversed except by the Court sitting en banc. [Sec. 4 (3), Art. VIII] The Supreme Court shall have the following powers: Review, revise, reverse, modify, or affirm on appeal or certiorari as the law of the Rules of Court may provide, final judgments or orders of lower courts in: All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation in in question. [Sec. 5 (2-a), Art. VIII]

SOURCES OF PHILIPPINE CIVIL LAW

Details Category: Persons and Family Relations

SOURCES OF PHILIPPINE CIVIL LAW

1. Constitution 2. Administrative or general orders not contrary to the constitution. 3. Statutes, laws, presidential decrees, executive orders, or batas pambansa. 4. Jurisprudence and judicial customs. 5. Decisions of foreign courts if applicable. 6. Principles governing analogous cases. 7. Principles of legal hermeneutics. 8. Equity and general principles of law (morals).

CONFLICT BETWEEN SPECIAL AND GENERAL LAW

Details Category: Persons and Family Relations

CONFLICT BETWEEN SPECIAL AND GENERAL LAW WHAT ARE THE RULES WHEN A CONFLICT ARISES BETWEEN A SPECIAL AND A GENERAL LAW?
1. If the general law was enacted first, the special law is considered the exception to the general law. Therefore the general law remains a good law, and there is no repeal (Lichauco v. Apostol, 44 Phil 138), except insofar as the exception or special law is concerned. However if there are inconsistencies with the general law it is considered as a repeal to the general law.

2. If the special law was enacted first, both special law and general law are good laws unless:

a. There is an express declaration to tho contrary.

b. Or the is a clear , necessary and unreconcilable conflict (Cia General v. Coll. of Customs, 46 Phil. Cool c. Or unless the subsequent general law covers the whole subject and is clearly intended to replace the special law on the matter. (Joaquin v. Navarro, 81 Phil. 373)

REPEALING LAW IS REPEALED

Details Category: Persons and Family Relations

REPEALING LAW IS REPEALED

WHAT IF THE REPEALING LAW ITSELF WAS REPEALED?

1. If a law which expressly repeals a prior law is itself repealed, the law first repealed shall not be revived, unless there is an express provision. (Sec. 14, Rev. Adm. Code) 2. If a law which impliedly repeals a a prior law is itself repealed, the law first repealed shall be revived, unless there is an express provision. (U.S. vs. Soliman, 36 Phil. 5) Take note that what matters here is the way in which the second law, or the the first repealing law was repealed, it may either be express or implied.

Legal System in Philippines

The Philippines legal system may be considered as a unique legal system because it is a blend of civil law (Roman), common law (Anglo-American), Muslim (Islamic) law and indigenous law.

There are two primary sources of the law:

Statutes or Statutory Law Statutes are defined as the written enactment of the will of the legislative branch of the government rendered authentic by certain prescribed forms or solemnities are more also known as enactment of congress. Generally they consist of two types, the Constitution and legislative enactments.

In the Philippines, statutory law includes constitutions, treaties, statutes proper or legislative enactments, municipal charters, municipal legislation, court rules, administrative rules and orders, legislative rules and presidential issuance.

Jurisprudence or Case Law Jurisprudence or Case Law is cases decided or written opinion by courts and by persons performing judicial functions. Also included are all rulings in administrative and legislative tribunals such as decisions made by the Presidential or Senate or House Electoral Tribunals. Only decisions of the House of Representatives Electoral Tribunal are printed as House of Representatives Electoral Tribunal Reports, volume 1 (January 28, 1988-October 3, 1990) to present. They will be available electronically at the Supreme Court E-Library.

Classification by Authority "Authority is that which may be cited in support of an action, theory or hypothesis." Each of the three branches of government, Legislature, Executive and Judiciary, promulgates laws.

The legislature promulgates statutes, namely: Act, Commonwealth Act, Republic Acts, Batas Pambansa. Executive promulgates presidential issuances (Presidential Decrees, Executive Orders, Memorandum Circular, Administrative Orders, Proclamations, etc.), rules and regulations through its various departments, bureaus and agencies. The Judiciary promulgates judicial doctrines embodied in decisions.

Classification by Source It is important for legal research experts to know the source where the materials were taken. One has to determine whether they came from primary (official) sources or secondary (unofficial sources).

Primary sources are those published by the issuing agency itself or the official repository, the Official Gazette. Thus for Republic Acts and other "laws" or statutes, the primary sources are the Official Gazette published by the National Printing Office and the Laws and Resolutions published by Congress. For Supreme Court decisions, the primary sources are the Philippines Reports, the individually mimeographed Advance Supreme Court decisions and the Official Gazette. Publication of Supreme Court decisions in the Official Gazette is selective. Complete court reports for Supreme Court decisions is the Philippines Reports.

The Secondary Sources are the unofficial sources and generally refer to those commercially published or those that are not published by government agencies or instrumentalities. Vital Legal Documents contains a compilation of Presidential Decrees (1973) to the present Republic Acts, published by Central Book Supply.