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Civil Law Notes

This document provides an overview of key aspects of the Civil Code of the Philippines, including: 1) The Civil Code is defined as a collection of laws regulating private relations and determining rights and obligations with reference to persons, things, and civil acts. 2) The Civil Code draws from sources like the Spanish Code of 1889, other international codes and laws, Philippine statutes, and Supreme Court doctrines. 3) Laws take effect 15 days after publication in the Official Gazette or a newspaper, unless otherwise provided. This summarizes the general rule outlined in Article 2.

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160 views6 pages

Civil Law Notes

This document provides an overview of key aspects of the Civil Code of the Philippines, including: 1) The Civil Code is defined as a collection of laws regulating private relations and determining rights and obligations with reference to persons, things, and civil acts. 2) The Civil Code draws from sources like the Spanish Code of 1889, other international codes and laws, Philippine statutes, and Supreme Court doctrines. 3) Laws take effect 15 days after publication in the Official Gazette or a newspaper, unless otherwise provided. This summarizes the general rule outlined in Article 2.

Uploaded by

Apay Grajo
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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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 4. Filipino customs and traditions
5. Philippine Statutes; and
THE CIVIL CODE OF THE PHILIPPINES 6. the Code Commission
(REPUBLIC ACT NO 386, as amended)

PHYSICAL OR MECHANICAL COMPOSITION


PRELIMINARY TITLE
Civil Code of the Philippines
CHAPTER 1  consists of 2,270 articles divided into four
(4) books, namely:
Effect and Application of Laws  BOOK I – Persons
 BOOK II – Property, Ownership and Its
THE CIVIL CODE OF THE PHILIPPINES Modifications
 BOOK III – Different Modes of
Acquiring Ownership
 BOOK IV – Obligations and Contracts
Art. 1. This Act shall be known as the “Civil
Code of the Philippines.”  The Family Code
- Repealed: Art. 52 to 304, 311 to 355,
and 397 to 406 of Book I
Code – is a collection of laws which regulate the - Not Repealed: Art. 305 to 310; 356 to
private relations of the members of civil society, 396; and 407 to 413
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
Date of effectivity – August 30, 1950: exactly
Civil Code of Spain of 1889 one year after the Official Gazette publishing the
first civil code in force in the Philippines; Code was released for “circulation,” the said
extended to this country by Royal Decree of release having been made on August 30, 19493.
July 31, 1889.
Became effective on December 7, 1889 Note: This ruling with respect to the effective
date seems to be contrary to the provisions of
Republict Act No. 386 the Civil Code itself which states that “this Code
Approved by Congress on June 18, 1949 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, Relations p. 2, 2017 Ed.
1990 Ed., p. 11 4 Ibid
2 RABUYA, ELMER T., The Laws on Persons and Family
Relations p. 2, 2017 Ed.
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

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