Civil Code of the Philippines (Republic Act No. 386) PDF

# CIVIL CODE OF THE PHILIPPINES (REPUBLIC ACT NO. 386) ## PRELIMINARY TITLE ### Chapter 1 ### EFFECT AND APPLICATION OF LAWS **Article 1.** This Act shall be known as the "Civil Code of the Philippines." #### COMMENT: (1) **Sources of the Civil Code** - The Civil Code of Spain - The Philippin...

# CIVIL CODE OF THE PHILIPPINES (REPUBLIC ACT NO. 386) ## PRELIMINARY TITLE ### Chapter 1 ### EFFECT AND APPLICATION OF LAWS **Article 1.** This Act shall be known as the "Civil Code of the Philippines." #### COMMENT: (1) **Sources of the Civil Code** - The Civil Code of Spain - The Philippine Constitution of 1935 - Statutes or Laws (Philippine, American, European) - Rules of Court (local and foreign) - Decisions of local tribunals (particularly the Supreme Court) - Decisions of foreign tribunals - Customs and traditions of our people - General principles of law and equity - Ideas from the Code Commission itself - The Family Code of the Philippines (NOTE: The principal basis is the Civil Code of Spain, which became effective in the Philippines either on Dec. 7, 1889 **[**Mijares v. Neri, 3 Phil. 195**]** or on Dec. 8, 1889 **[**Benedicto v. Rama, 3 Phil. 34**]** . The correct date, it would seem, is Dec. 7, 1889 **[**or 20 days after publication in the Gaceta de Manila on Nov. 17, 1889**]** **[**See Insular Government v. Aldecoa, 19 Phil. 505; Barretto v. Tuason, 59 Phil. 845**]** . Titles 4 and 12, however, of Book 1 of said Civil Code were never applied, for their application in the Philippines was suspended. **[**See also Barretto v. Tuason, 59 Phil. 845**]** **[**Note that the Civil Code of Spain was in turn an adaptation of the Code Napoleon - French Civil Code of 1804**]** . ) (2) **Commentators and Annotators on the Civil Code of Spain** - Among the famous commentators and annotators on the Civil Code of Spain were: - Jose Ma. Manresa y Navarro (Comentarios al Codigo Civil Espanol – 12 volumes) - Felipe Sanchez Roman (Estudio de Derecho Civil) - Quintus Mucius Scaevola (pen name of a group of commentators borrowed from the famous Roman jurist-consultant) (Codigo Civil Comentado) - Calixto Valverde (Tratado de Derecho Civil Espanol) - Mario Navarro Amandi (Cuestionario del Codigo Civil Reformado) - Colin and Capitant (French authors), De Buen (who wrote the Spanish notes). (Curso Elemental de Derecho Civil) - Enneccerus, Kipp, and Wolff (German authors – Derecho Civil) - Chief Justice Jose Castan Tobenas (3) **Brief History of Our Civil Laws** - Prior to the present Civil Code, our civil law was premised principally on the old Civil Code (the Civil Code of Spain of 1889). - Prior to the Civil Code of Spain of 1889, our civil law was found in the Recopilacion de las Leyes de las Indias with the following as supplemental laws to be applied in the following order: - the latest Spanish laws enacted for the colonies - La Novisima Recopilacion - La Nueva Recopilacion - the Royal Ordinances of Castille - Leyes de Toro (Laws of Toro) - the Siete Partidas (promulgated through the Ordenamiento de Alcala of 1384) (4) **Sources of Philippine Civil Law** - The 1935 and the 1973 Philippine Constitutions, respectively. (See Art. 7, par. 2, Civil Code) (In the case of Javellana v. The Executive Secretary, L-36283, March 31, 1973, the Supreme Court ruled that there was no more obstacle to the effectivity of the 1973 Constitution. Its effective date is Jan. 17, 1973, at noon, according to a Presidential Proclamation). After the 1973 Constitution, we had the Freedom (Revolutionary and Provisional) Constitution promulgated as a result of the EDSA Revolution of Feb. 22-25, 1986. Presently, we have the 1987 Constitution, effective Feb. 2, 1987. - Statutes, laws, presidential decrees, or executive orders which are applicable. - Administrative or general orders insofar as they are not contrary to the laws or the Constitution. (See Art. 7, par. 3, Civil Code) - Customs of the place, provided they are not contrary to existing laws, public order, or public policy. (Art. 11, Civil Code) - Judicial decisions (interpreting the law), as well as judicial customs (where decisions are made notwithstanding the absence of applicable statutes or customs). (Art. 11, Civil Code) - Decisions of foreign courts. (5) **Books of the Civil Code** - Book I - Persons (Note: Book I is called "Persons" instead of "Persons and Family Relations" because juridical persons such as corporations, which are likewise referred to in Book I, have NO families.) - Book II - Property, Ownership, and its Modifications - Book III - Different Modes of Acquiring Ownership - Book IV - Obligations and Contracts: - Preliminary Title - Human Relations - Transitional Provisions - Repealing Clause (6) **Some Important Changes Made by the Civil Code** - Book I - The elimination of absolute divorce, the creation of judicial or extrajudicial family homes, the insertion of a chapter on Human Relations, the abolition of the "dowry," greater rights for married women. - Book II - There are new provisions on the quieting of title; on the creation of new easements. The provisions on the "censo" and "use and habitation” have been eliminated. - Book III - The holographic will has been revived; rights (successional) of the surviving spouse and of illegitimate children have been increased; the “mejora" or "betterment" has been disregarded. - Book IV - Defective contracts have been reclassified; there is a new chapter on "reformation of contracts"; some implied trusts are enumerated; new quasi-contracts have been created. (7) **The Code Commission** - A Code Commission of five members was created by then President Manuel A. Roxas through EO 48, dated March 20, 1947, in view of the need for immediate revision and codification of Philippine Laws - in conformity with Filipino customs and ideals, and in keeping with progressive modern legislation. The final draft of the Civil Code was finished on Dec. 16, 1947. The Commission rendered its report in a publication dated Jan. 26, 1948. Congress approved the draft on June 18, 1949 as RA 386. (8) **The Original Members of the Code Commission** - Dean Jorge Bocobo (Chairman) - Judge Guillermo B. Guevarra (Member) - Dean Pedro R. Ylagan (Member) - Dean Francisco R. Capistrano (Member) (NOTE: The fifth member Senator Arturo Tolentino had not yet been appointed at the time the Civil Code was drafted.) (9) **Proportion of Changes** - The Civil Code contains 2270 Articles, 43% of which are completely new provisions. (10) **Language of the Civil Code** - Inasmuch as the Civil Code was written in English, and approved as such by Congress, the English text should prevail in its interpretation and construction. (Sec. 15, Rev. Adm. Code) Literal English translations of Spanish or Latin terms must be interpreted, however, according to their original sources.