The Civil Code of the Philippines is the product of the codification of

private law Private law is that part of a legal system that governs interactions between individual persons. It is distinguished from public law, which deals with relationships between both natural and artificial persons (i.e., organizations) and the st ...

in the Philippines. It is the general law that governs

family Family (from ) is a Social group, group of people related either by consanguinity (by recognized birth) or Affinity (law), affinity (by marriage or other relationship). It forms the basis for social order. Ideally, families offer predictabili ...

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 The Civil Code of Spain (), formally the Royal Decree of 24 July 1889 () is the law that regulates the major aspects of Spanish civil law. It is one of the last civil codes in Continental Europe because of the sociopolitical, religious and terri ...

, which was first enforced in 1889 within the Philippines when it was still a

colony A colony is a territory subject to a form of foreign rule, which rules the territory and its indigenous peoples separated from the foreign rulers, the colonizer, and their ''metropole'' (or "mother country"). This separated rule was often orga ...

of the

Spanish Empire The Spanish Empire, sometimes referred to as the Hispanic Monarchy (political entity), Hispanic Monarchy or the Catholic Monarchy, was a colonial empire that existed between 1492 and 1976. In conjunction with the Portuguese Empire, it ushered ...

. The ''Código Civil'' remained in effect even throughout the American Occupation; by 1940, the

Commonwealth Government The Australian Government, also known as the Commonwealth Government or simply as the federal government, is the national executive government of Australia, a federal parliamentary constitutional monarchy. The executive consists of the prime ...

President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university *President (government title) President may also refer to: Arts and entertainment Film and television *'' Præsident ...

Manuel Luis Quezon formed a Commission tasked with drafting a new Code. The Commission was initially headed by Chief Justice

Ramón Avanceña Ramón Avanceña y Quiosay (April 13, 1872 – June 12, 1957) was a Chief Justice of the Supreme Court of the Philippines. He served from 1925 to 1941, when he resigned at the beginning of the Japanese occupation of the Philippines during World ...

, but its work was interrupted by the Japanese invasion and the

Second World War World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...

. The Commission's records were later destroyed by Allied bombing during the Battle of Manila in 1945. In 1947,

Manuel Roxas Manuel Acuña Roxas (; January 1, 1892 – April 15, 1948) was a Filipino lawyer and politician who served as the fifth president of the Philippines from 1946 until his death in 1948. He served briefly as the third and last President of the ...

of the Third Republic created a new Code Commission, this time headed by the former Dean of the

University of the Philippines The University of the Philippines (UP; ) is a Higher education in the Philippines#State universities and colleges, state university system in the Philippines. It is the country's national university, as mandated by List of Philippine laws, Re ...

College of Law,

Jorge Bocobo Jorge Cleofas Bocobo (October 19, 1886 – July 23, 1965) was a Filipino author and jurist. He was appointed Secretary of Public Instruction by President Manuel L. Quezon and Justice of the Supreme Court from 1942 to 1944 under President Jose P. ...

. Among the members of this new Commission were future

Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...

Associate Justice An associate justice or associate judge (or simply associate) is a judicial panel member who is not the chief justice in some jurisdictions. The title "Associate Justice" is used for members of the Supreme Court of the United States and some ...

Francisco R. Capistrano, and future

senator A senate is a deliberative assembly, often the upper house or Legislative chamber, chamber of a bicameral legislature. The name comes from the Ancient Rome, ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior ...

Arturo Tolentino Arturo "Ka Turing" Modesto Tolentino (September 19, 1910 – August 2, 2004) was a Filipino politician, lawyer, and diplomat who served as the Senate president and the Secretary of Foreign Affairs. He was the vice-presidential running mate o ...

. The Code Commission completed the final draft of the new Civil Code by December 1947, and this was submitted to

Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...

, which enacted it into law through

Republic Act This article contains a partial list of Philippine laws. Sources of Philippine laws ;Notes : *Customs may be considered as supplementary source of law, however, customs which are contrary to law, public order or public policy shall not ...

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,

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 Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, re ...

, succession and

obligations An obligation is a course of action which someone is required to take, be it a legal obligation or a moral obligation. Obligations are constraints; they limit freedom. People who are under obligations may choose to freely act under obligations. O ...

and

contract A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of thos ...

s. The law on succession, for example, retains such concepts indigenous to

Spain Spain, or the Kingdom of Spain, is a country in Southern Europe, Southern and Western Europe with territories in North Africa. Featuring the Punta de Tarifa, southernmost point of continental Europe, it is the largest country in Southern Eur ...

such as the rule on

legitime In civil law and Roman law, the legitime (), also known as a forced share or legal right share, of a decedent's estate is that portion of the estate from which they cannot disinherit their children, or their parents, without sufficient legal ca ...

s and '' reserva troncal''. On the other hand, many of the provisions on special contracts, particularly on

sales Sales are activities related to selling or the number of goods sold in a given targeted time period. The delivery of a service for a cost is also considered a sale. A period during which goods are sold for a reduced price may also be referred ...

, are derived from

common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

as practised in the

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

, 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 Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of ''stare decisis'' ("to stand by thin ...

based on interpretations by the

. This the Civil Code itself notably recognises in saying that " dicial 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, ndto give to each his own.”). Civil personality defines the distinction between

natural Nature is an inherent character or constitution, particularly of the ecosphere or the universe as a whole. In this general sense nature refers to the laws, elements and phenomena of the physical world, including life. Although humans are part ...

and

juridical person A juridical person is a legal person that is not a natural person but an organization recognized by law as a fictitious person such as a corporation, government agency, non-governmental organisation, or international organization (such as the ...

s, 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,

Corazon Aquino María Corazón "Cory" Sumulong Cojuangco-Aquino (; January 25, 1933 – August 1, 2009) was a Filipino politician who served as the 11th president of the Philippines and the first woman president in the country, from Presidency of Corazon ...

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 A trust is a legal relationship in which the owner of property, or any transferable right, gives it to another to manage and use solely for the benefit of a designated person. In the English common law, the party who entrusts the property is k ...

barter In trade, barter (derived from ''bareter'') is a system of exchange (economics), exchange in which participants in a financial transaction, transaction directly exchange good (economics), goods or service (economics), services for other goods ...

lease A lease is a contractual arrangement calling for the user (referred to as the ''lessee'') to pay the owner (referred to as the ''lessor'') for the use of an asset. Property, buildings and vehicles are common assets that are leased. Industrial ...

loan In finance, a loan is the tender of money by one party to another with an agreement to pay it back. The recipient, or borrower, incurs a debt and is usually required to pay interest for the use of the money. The document evidencing the deb ...

, deposit, aleatory contracts, compromises, guaranty, agency, pledges,

mortgage A mortgage loan or simply mortgage (), in civil law (legal system), civil law jurisdictions known also as a hypothec loan, is a loan used either by purchasers of real property to raise funds to buy real estate, or by existing property owners t ...

antichresis Antichresis, under civil law and Roman law, is a contract whereby a debtor pledges (i.e., conveys possession of but not title to) real property to a creditor, allowing the use and occupation of the pledged property, in lieu of interest on the l ...

, and

partnership A partnership is an agreement where parties agree to cooperate to advance their mutual interests. The partners in a partnership may be individuals, businesses, interest-based organizations, schools, governments or combinations. Organizations ...

::*

Quasi-contract A quasi-contract (or implied-in-law contract or constructive contract) is a fictional contract recognised by a court. The notion of a quasi-contract can be traced to Roman law and is still a concept used in some modern legal systems. Quasi contrac ...

::* Quasi-delict

Torts and damages

Developments in torts and damages law in the Philippines are mostly guided by judicial

s. 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.

Notes

References

* * * * *

External links

Civil Code of the Philippines
- ''fro
The Corpus Juris
'

- ''fro
The Corpus Juris
' {{Civil codes by country, Asia Law of the Philippines

Philippine The Philippines, officially the Republic of the Philippines, is an Archipelagic state, archipelagic country in Southeast Asia. Located in the western Pacific Ocean, it consists of List of islands of the Philippines, 7,641 islands, with a tot ...

Presidency of Elpidio Quirino