Sources of the Civil Code of the Philippines

Sources of the Civil Code

• The Civil Code of the Philippines is primarily based on the Civil Code of Spain, which was implemented in the Philippines in 1889.
• The Code was influenced by various sources including the Philippine Constitution, statutes, rules of court, decisions of local and foreign tribunals, customs and traditions, general principles of law and equity, and the Family Code of the Philippines.

Notable Commentators and Annotators on the Civil Code of Spain

• Prominent commentators include Justice Jose Ma. Manresa y Navarro, Felipe Sanchez Roman, Quintus Mucius Scaevola, Calixto Valverde, Mario Navarro Amandi, Colin and Capitant, De Buen, Enneccerus, Kipp, and Wolff, and Chief Justice Jose Castan Tobenas.

Brief History of Philippine Civil Laws

• Pre-1889: The Philippines primarily followed the Recopilacion de las Leyes de las Indias. The laws of the colonies, La Novisima Recopilacion, La Nueva Recopilacion, the Royal Ordinances of Castille, Leyes de Toro, and the Siete Partidas were applied sequentially.
• 1889-1949: The Civil Code of Spain was applied.
• 1949-Present: The present Civil Code, known as Republic Act No. 386, is in effect.

Sources of Philippine Civil Law

• The 1935 and 1973 Philippine Constitutions served as key sources of the Civil Code.
• Statutes, presidential decrees, or executive orders also influence the Civil Code.
• Administrative or general orders are applicable if they are not contrary to the laws or the Constitution.
• Customs of the place are recognized as long as they do not contradict existing laws, public order, or public policy.
• Judicial decisions (interpreting the law) and judicial customs play a crucial role.
• Decisions of foreign courts also provide insight.

The Structure of the Civil Code

• The Civil Code comprises five books: Book I (Persons), Book II (Property, Ownership, and its Modifications), Book III (Different Modes of Acquiring Ownership), Book IV (Obligations and Contracts), and the Preliminary Title, Human Relations, Transitional Provisions, and Repealing Clause.

Key Changes Introduced by the Civil Code

• Book I: Elimination of absolute divorce, judicial/extrajudicial family homes, rights for married women, and abolition of dowry.
• Book II: Provisions on quieting of title, new easements, and elimination of "censo" and "use and habitation."
• Book III Reinstatement of the holographic will, increased rights for the surviving spouse and illegitimate children.
• Book IV: Reclassification of defective contracts, “reformation of contracts”, enumeration of implied trusts, creation of new quasi-contracts.

The Role of the Code Commission

• The Code Commission, established by President Manuel A. Roxas in 1947, had five members: Dean Jorge Bocobo (chairman), Judge Guillermo B. Guevarra, Dean Pedro R. Ylagan, Dean Francisco R. Capistrano, and Senator Arturo Tolentino (appointed later).
• The Commission aimed to revise and codify Philippine laws aligned with Filipino customs and modern legislation.

Key Facts about the Civil Code

• The Civil Code contains 2270 Articles, with 43% being completely new provisions.
• The Civil Code was written in English, and the English text prevails in interpretation.
• Literal English translations of Spanish or Latin terms are interpreted based on their original sources.

Explore the foundational sources of the Civil Code of the Philippines in this quiz. Learn about its origins, influences, and notable commentators who have shaped its interpretation. Discover how historical laws and traditions contribute to its current form.