Civil Law Notes.docx

TABLE OF CONTENTS

The Civil Code of the philippines Preliminary Title Chapter 1 Effect and Application of Laws

The Civil Code of the Philippines Code defined History of Philippine Civil Code Sources of Civil Code Physical or Mechanical Composition Effectivity of Civil Code (Republic Act No. 386) Effectivity of Laws General Rule Laws providing for its own effectivity When law is silent Computation of the 15-day period Publication requirement Where to publish Publication in full Meaning of “newspaper of general circulation” Meaning of clause “unless it is otherwise provided” in Article 2 Effectivite immediately upon approval Reduction or extension of 15-day period Meaning of term “laws” in Article 2

CIVIL LAW THE CIVIL CODE OF THE PHILIPPINES (REPUBLIC ACT NO 386, as amended)

4. Filipino customs and traditions 5. Philippine Statutes; and 6. the Code Commission

PHYSICAL OR MECHANICAL COMPOSITION PRELIMINARY TITLE CHAPTER 1 Effect and Application of Laws THE CIVIL CODE OF THE PHILIPPINES

Art. 1. This Act shall be known as the “Civil Code of the Philippines.”

Civil Code of the Philippines  consists of 2,270 articles divided into four (4) books, namely:  BOOK I – Persons  BOOK II – Property, Ownership and Its Modifications  BOOK III – Different Modes of Acquiring Ownership  BOOK IV – Obligations and Contracts 

The Family Code Repealed: Art. 52 to 304, 311 to 355, and 397 to 406 of Book I - Not Repealed: Art. 305 to 310; 356 to 396; and 407 to 413 -

Code – is a collection of laws which regulate the private relations of the members of civil society, determining their respective rights and obligations, with reference to persons, things, and civil acts.1

EFFECTIVITY OF CIVIL CODE (REPUBLIC ACT No. 386) HISTORY OF THE PHILIPPINE CIVIL CODE Civil Code of Spain of 1889 first civil code in force in the Philippines; extended to this country by Royal Decree of July 31, 1889. Became effective on December 7, 1889 Republict Act No. 386 Approved by Congress on June 18, 1949

Date of effectivity – August 30, 1950: exactly one year after the Official Gazette publishing the Code was released for “circulation,” the said release having been made on August 30, 19493. Note: This ruling with respect to the effective date seems to be contrary to the provisions of the Civil Code itself which states that “this Code shall take effect one year after such PUBLICATION,” NOT AFTER CIRCULATION4.

Note: not all civil laws are found in the Civil Code scattered in the various special laws promulgated by the Legislature2.

SOURCES OF CIVIL CODE 1. The Spanish Code of 1889; 2. the codes, laws, judicial decisions and work of jurists in other countries; 3. doctrines laid down by the Supreme Court of the Philippines; 1 RABUYA, ELMER T., The Laws on Persons and Family

3 RABUYA, ELMER T., The Laws on Persons and Family

Relations p. 1, 2017 Ed., citing TOLENTINO, Civil Code, 1990 Ed., p. 11

Relations p. 2, 2017 Ed.

2 RABUYA, ELMER T., The Laws on Persons and Family

Relations p. 2, 2017 Ed.

4 Ibid

Art. 2. Laws shall take effect after fifteen days following the completion of their publication either in the Official Gazette, or in a newspaper of general circulation in the Philippines, unless it is otherwise provided. (As amended by Executive Order no. 200)

General Rule:

CHAPTER 2 Human Relations Introduction Articles 19 to 36 Art. 19. Every person must, in the exercise of his rights and in the performanceof his duties, act with justice, give every one his due, and observe honesty and good faith.

Art. 19. Every person must, in the exercise of his rights and in the performanceof his duties, act with justice, give every one his due, and observe honesty and good faith.

Art. 19. Every person must, in the exercise of his rights and in the performanceof his duties, act with justice, give every one his due, and observe honesty and good faith.

THE CIVIL LAW Case List Article 2 1. Lara v. Del Rosario, 94 Phil. 778 2. Raymundo v. Penas, 96 Phil. 311 3. Camporendo v. Aznar, 102 Phi. 1055