Sources of the Civil Code of the Philippines

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Questions and Answers

What was one of the main reasons for creating the Code Commission?

To create awareness about the Civil Code among citizens

To eliminate outdated legal terms from the Civil Code

To reduce the number of laws in the Philippines

To revise and codify Philippine Laws in accordance with Filipino customs (correct)

Which of the following provisions was NOT present in the revised Civil Code?

Provisions on the quieting of title

Provisions on defective contracts

Provisions on the censo (correct)

Provisions on the holographic will

What percentage of the Civil Code consists of completely new provisions?

63%

33%

53%

43% (correct)

Who served as the Chairman of the Code Commission?

Dean Jorge Bocobo Signup and view all the answers

Which legal instrument regarding wills was revived in the revised Civil Code?

Holographic will Signup and view all the answers

What is the primary basis of the Civil Code of the Philippines?

Civil Code of Spain Signup and view all the answers

Which of the following sources is NOT part of the Civil Code of the Philippines?

Constitution of the United States Signup and view all the answers

Who among the following was a commentator on the Civil Code of Spain?

All of the above Signup and view all the answers

When did the Civil Code of Spain become effective in the Philippines?

December 7, 1889 Signup and view all the answers

Which of these is a notable characteristic of the Civil Code of Spain?

It is an adaptation of the Code Napoleon. Signup and view all the answers

Which author is known for writing the work 'Curso Elemental de Derecho Civil'?

Colin and Capitant Signup and view all the answers

Which statement is true about the application of Titles 4 and 12 of the Civil Code of Spain in the Philippines?

Their application was suspended. Signup and view all the answers

Which of the following best describes the Civil Code of the Philippines in relation to previous laws?

It incorporates principles from various sources. Signup and view all the answers

What is the order of supplemental laws applied before the Civil Code of Spain in 1889?

Latest Spanish laws, La Novisima Recopilacion, Royal Ordinances of Castille Signup and view all the answers

Which legal document is effective as of February 2, 1987?

1987 Constitution Signup and view all the answers

Which of the following is NOT part of the sources of Philippine civil law?

International treaties Signup and view all the answers

What was removed from Book I of the Civil Code?

Absolute divorce Signup and view all the answers

What is the correct title for Book I of the Civil Code?

Persons Signup and view all the answers

Which of the following statements about the Judicial decisions is true?

They may include judicial customs. Signup and view all the answers

What major change was made regarding women's rights in the Civil Code?

Greater rights for married women Signup and view all the answers

What is included in the Books of the Civil Code besides the main books?

Preliminary Title and Transitional Provisions Signup and view all the answers

Study Notes

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.

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Description

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.