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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 with some significant amendments.
History
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.
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.
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.
Content
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.
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:
= Persons and family relations
=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.
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
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.
= Property, ownership and its modifications
=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. .
Classification of Property
Ownership
Co-Ownership
Special Properties
Possession
Usufruct
Easement and Servitudes
Nuissance
Registry of Property
= Modes of acquiring ownership
=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.
Occupation
Intellectual creation
Donation
Succession
Acquisitive prescription
= Obligations and contracts
=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.
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
= Torts and damages
=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.
See also
Philippine legal codes
Notes
References
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
Civil Code of the Philippines - from The Corpus Juris
Family Code of the Philippines - from The Corpus Juris
Kata Kunci Pencarian:
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Civil Code of the Philippines :Presumptive Death - Attykalibre
Feb 13, 2017 · 391 of the Civil Code, an absence of only two years shall be sufficient. For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the
Civil Code of the Philippines: Human Relations, Arts. 19 to 36
Art. 30. When a separate civil action is brought to demand civil liability arising from a criminal offense, and no criminal proceedings are instituted during the pendency of the civil case, a preponderance of evidence shall likewise be sufficient to prove the act complained of. Art. 31. When the civil action is based on an obligation not ...
Civil Code of the Philippines: Citizenship and Domicile
Feb 13, 2017 · the Constitution of the Philippines; (2) Those born in the Philippines of foreign parents who, before the adoption of said Constitution, had been elected to public office in the Philippines; (3) Those whose fathers are citizens of the Philippines; (4) Those whose mothers are citizens of the Philippines and, upon reaching
Civil Code of the Philippines: Art. 7 – Attykalibre Legal Center
Feb 13, 2017 · Hello! I just want clarity between Art. 7. where violation or non-observance shall not be excused by disuse, or custom or practice to the contrary and the non-justification of the violation of the law if there is custom to the contrary.
Civil Code of the Philippines: Articles 8,9,10,11,12 and 13
Constitution shall form a part of the legal system of the Philippines. This is a new provision taken from common law. Under the civil law tradition, the court merely applies the law. However since the Philippine legal system is a combination of civil law and common law, courts apply statutes as well as resort to the doctrine of precedent. Art. 9.
Civil Code of the Philippines: Art. 5. – Attykalibre Legal Center
Feb 13, 2017 · Art. 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity.
Civil Code of the Philippines: Juridical Persons, Arts. 44, 45 ,46, …
Feb 13, 2017 · governed by the provisions of this Code concerning partnerships. Art. 46. Juridical persons may acquire and possess property of all kinds, as well as incur obligations and bring civil or criminal actions, in conformity with the laws and regulations of their organization. Art. 47. Upon the dissolution of corporations, institutions and other
Civil Code of the Philippines: Surnames - Attykalibre
Feb 13, 2017 · support in conformity with this Code. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. Except for this modification, all other provisions in the Civil Code governing successional rights shall remain in force. Illegitimate children shall use the surname of the mother. Art. 377.
Civil Code of the Philippines: Art. 6 – Attykalibre Legal Center
Feb 13, 2017 · Art. 6. Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs, or prejudicial to a third person
Civil Code of the Philippines:Natural Persons , Arts. 40,41,42 and 43
Feb 13, 2017 · Art. 42. Civil personality is extinguished by death. The effect of death upon the rights and obligations of the deceased is determined by law, by contract and by will. This article deals with the extinguishment of civil personality. Death is not defined in the Civil Code. Not even doctors know precisely when death occurs. There are many theories.