Civil Code of the Philippines
Encyclopedia
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 despite some significant amendments
.
, then a colony of Spain. The Spanish Civil Code remained in effect even during the American colonization
of the Philippines. However, by 1940, the Commonwealth Government
of President
Manuel Quezon had created a Commission to create a new Civil Code. The Commission was initially headed by Chief Justice
Ramon Avanceña
. However, the work of the Commission was interrupted by the Japanese invasion of the Philippines, and its records were destroyed during the Battle of Manila
in 1945.
In 1947, President
Manuel Roxas
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 who sat on the new Commission were future Supreme Court
Associate Justice
Francisco R. Capistrano, and future Vice-President Arturo Tolentino
. The 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 extensive coverage and impact, the Civil Code is among the most widely studied and commented upon laws in the Philippines. 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
, Supreme Court
Associate Justices
J. B. L. Reyes
, Flerida Ruth P. Romero, and Jose Vitug, and respected law professors such as Ruben Balane, Araceli Baviera, Ismael Oledan, Adam Dayot, with, Anthonyson Cartojano, GR Sanchez, Alejandro Mendros, and Yoradyl Tambol .
; obligations
and contract
s; and special contracts. Special contracts encompasses several classes of contracts as sales
, agency
, and partnership
. The law on tort
s and damages
is found in Book V, although developments in tort and damages law have been guided less by the Code than by judicial precedent
s.
The influence of the Spanish Civil Code is most evident in the books on property
, succession and obligations
and contract
s. The law on succession, for example, retains such concepts indigenous to Spain
such as the rule on legitime
s and reserva troncal. On the other hand, many of the provisions on special contracts, particularly on sales
, are derived from American common law
, reflecting the influence of American rule over the Philippines and the influx of commercial relations involving Americans during that time.
The great mass of disputes between private persons over civil and property relations are resolved by application of the provisions of the Civil Code. With over 2000 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, and reliance has been placed by the courts not only on the provisions of the Code, but also on the interpretations of the Code as laid down by the Supreme Court
. Notably, the Civil Code itself recognizes 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 judicial precedents
in Philippine law.
Corazon Cojuangco Aquino enacted into law The Family Code of 1987, which was intended to supplant Book I of the Civil Code concerning persons and family relations. Work on the Family Code had begun as early as 1979, and it had been drafted by two successive committees, the first chaired by future Supreme Court Justice Flerida Ruth Romero, and the second chaired by former Supreme Court Justice J. B. L. Reyes
. The need was seen to amend the Civil Code through the Family Code in order to, among others, change certain provisions implanted from foreign sources which had proved unsuitable to Filipino culture; and to attune to contemporary developments and trends.
The Family Code covers fields of significant public interest, especially the law on marriage
. The definition and requisites for marriage, as well as the grounds for its annulment
, are found in the Family Code. Also in the Family Code is the law on conjugal property relations, the rules on establishing filiation
, and the governing provisions on support
, parental authority, and adoption
.
Private law
Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems...
in the Philippines
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
. It is the general law that governs family
Family law
Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
and property relations
Property law
Property law is the area of law that governs the various forms of ownership in real property and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property...
in the Philippines. It was enacted in 1950, and remains in force to date despite some significant amendments
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
.
History of the Civil Code
The Civil Code is strongly influenced by the Spanish Civil Code, which was first enforced in 1889 within the PhilippinesPhilippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
, then a colony of Spain. The Spanish Civil Code remained in effect even during the American colonization
History of the Philippines (1898-1946)
This article covers the history of the Philippines from 1898 to 1946. It spans the Spanish-American War which resulted in the United States acquiring sovereignty over the Philippines from Spain via the Treaty of Paris which ended that war, the Philippines as a U.S. territory and later as a U.S...
of the Philippines. However, by 1940, the Commonwealth Government
Commonwealth of the Philippines
The Commonwealth of the Philippines was a designation of the Philippines from 1935 to 1946 when the country was a commonwealth of the United States. The Commonwealth was created by the Tydings-McDuffie Act, which was passed by the U.S. Congress in 1934. When Manuel L...
of President
President of the Philippines
The President of the Philippines is the head of state and head of government of the Philippines. The president leads the executive branch of the Philippine government and is the commander-in-chief of the Armed Forces of the Philippines...
Manuel Quezon had created a Commission to create a new Civil Code. The Commission was initially headed by Chief Justice
Chief Justice of the Philippines
The Chief Justice of the Supreme Court of the Philippines presides over the Supreme Court of the Philippines and is the highest judicial officer of the government of the Philippines...
Ramon Avanceña
Ramon Avanceña
Ramón Avanceña was a Chief Justice of the Philippines. He served from 1925-1941, when he resigned during the nearing of the Japanese Occupation...
. However, the work of the Commission was interrupted by the Japanese invasion of the Philippines, and its records were destroyed during the Battle of Manila
Battle for the Liberation of Manila
The Battle of Manila, also known as the Liberation of Manila, fought from 3 February to 3 March 1945 by American, Filipino and Japanese forces, was part of the 1945 Philippine campaign...
in 1945.
In 1947, President
President of the Philippines
The President of the Philippines is the head of state and head of government of the Philippines. The president leads the executive branch of the Philippine government and is the commander-in-chief of the Armed Forces of the Philippines...
Manuel Roxas
Manuel Roxas
Manuel Acuña Roxas was the first president of the independent Third Republic of the Philippines and fifth president overall. He served as president from the granting of independence in 1946 until his abrupt death in 1948...
created a new Code Commission, this time headed by the former Dean
Dean (education)
In academic administration, a dean is a person with significant authority over a specific academic unit, or over a specific area of concern, or both...
of the University of the Philippines College of Law
University of the Philippines College of Law
University of the Philippines College of Law or UP Law is the law school of the University of the Philippines. Since 1948, it has been located at the University of the Philippines Diliman in Quezon City, the flagship campus of UP's seven constituent universities. Until the 1970s, night classes of...
Jorge Bocobo. Among the members who sat on the new Commission were future Supreme Court
Supreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
Associate Justice
Associate Justice of the Supreme Court of the Philippines
An Associate Justice of the Supreme Court of the Philippines is one of 15 members of the Philippine Supreme Court, the highest court in the Philippines. The Chief Justice presides over the High Court, but carries only 1 of the 15 votes in the court...
Francisco R. Capistrano, and future Vice-President Arturo Tolentino
Arturo Tolentino
Arturo Modesto Tolentino was a prominent political figure in the Philippines who briefly held the position of vice president in 1986. He is more well known as the father of the Philippine “archipelagic doctrine” and expert on the Law of the Sea.-Early career:Arturo M. Tolentino was born in Manila...
. The Commission completed the final draft of the new Civil Code by December 1947, and this was submitted to Congress
Congress of the Philippines
The Congress of the Philippines is the national legislature of the Republic of the Philippines. It is a bicameral body consisting of the Senate , and the House of Representatives although commonly in the Philippines the term congress refers to the latter.The Senate is composed of 24 senators half...
, which enacted it into law through Republic Act
Republic Acts of the Philippines
This article contains a partial list of Philippine laws. Philippine laws have had various nomenclature designations at different periods in the history of the Philippines, as shown in the following table:...
No. 386. The Civil Code took effect in 1950.
Due to its extensive coverage and impact, the Civil Code is among the most widely studied and commented upon laws in the Philippines. 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
Arturo Tolentino
Arturo Modesto Tolentino was a prominent political figure in the Philippines who briefly held the position of vice president in 1986. He is more well known as the father of the Philippine “archipelagic doctrine” and expert on the Law of the Sea.-Early career:Arturo M. Tolentino was born in Manila...
, Supreme Court
Supreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
Associate Justices
Associate Justice of the Supreme Court of the Philippines
An Associate Justice of the Supreme Court of the Philippines is one of 15 members of the Philippine Supreme Court, the highest court in the Philippines. The Chief Justice presides over the High Court, but carries only 1 of the 15 votes in the court...
J. B. L. Reyes
J. B. L. Reyes
Jose Benedicto Luna Reyes was a noted Filipino jurist who served as Associate Justice of the Philippine Supreme Court from 1954 until 1972...
, Flerida Ruth P. Romero, and Jose Vitug, and respected law professors such as Ruben Balane, Araceli Baviera, Ismael Oledan, Adam Dayot, with, Anthonyson Cartojano, GR Sanchez, Alejandro Mendros, and Yoradyl Tambol .
Features of the Civil Code
The Civil Code is divided into 5 “books”, with a specific book covering persons and family relations; property; successionInheritance
Inheritance is the practice of passing on property, titles, debts, rights and obligations upon the death of an individual. It has long played an important role in human societies...
; obligations
Law of obligations
The law of obligations is one of the component private law elements of the civil system of law. It includes contract law, delict law, quasi-contract law, and quasi-delict law...
and contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
s; and special contracts. Special contracts encompasses several classes of contracts as sales
Sales
A sale is the act of selling a product or service in return for money or other compensation. It is an act of completion of a commercial activity....
, agency
Agency (law)
The law of agency is an area of commercial law dealing with a contractual or quasi-contractual, or non-contractual set of relationships when a person, called the agent, is authorized to act on behalf of another to create a legal relationship with a third party...
, and partnership
Partnership
A partnership is an arrangement where parties agree to cooperate to advance their mutual interests.Since humans are social beings, partnerships between individuals, businesses, interest-based organizations, schools, governments, and varied combinations thereof, have always been and remain commonplace...
. The law on tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
s and damages
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
is found in Book V, although developments in tort and damages law have been guided less by the Code than by judicial precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
s.
The influence of the Spanish Civil Code is most evident in the books on property
Property law
Property law is the area of law that governs the various forms of ownership in real property and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property...
, succession and obligations
Law of obligations
The law of obligations is one of the component private law elements of the civil system of law. It includes contract law, delict law, quasi-contract law, and quasi-delict law...
and contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
s. The law on succession, for example, retains such concepts indigenous to Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
such as the rule on legitime
Legitime
In Civil law and Roman law, the legitime , or forced share, of a decedent's estate is that portion of the estate from which he cannot disinherit his children, or his parents, without sufficient legal cause...
s and reserva troncal. On the other hand, many of the provisions on special contracts, particularly on sales
Sales
A sale is the act of selling a product or service in return for money or other compensation. It is an act of completion of a commercial activity....
, are derived from American common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, reflecting the influence of American rule over the Philippines and the influx of commercial relations involving Americans during that time.
The great mass of disputes between private persons over civil and property relations are resolved by application of the provisions of the Civil Code. With over 2000 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, and reliance has been placed by the courts not only on the provisions of the Code, but also on the interpretations of the Code as laid down by the Supreme Court
Supreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
. Notably, the Civil Code itself recognizes 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 judicial precedents
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
in Philippine law.
The Family Code of 1987
In 1987, PresidentPresident of the Philippines
The President of the Philippines is the head of state and head of government of the Philippines. The president leads the executive branch of the Philippine government and is the commander-in-chief of the Armed Forces of the Philippines...
Corazon Cojuangco Aquino enacted into law The Family Code of 1987, which was intended to supplant Book I of the Civil Code concerning persons and family relations. Work on the Family Code had begun as early as 1979, and it had been drafted by two successive committees, the first chaired by future Supreme Court Justice Flerida Ruth Romero, and the second chaired by former Supreme Court Justice J. B. L. Reyes
J. B. L. Reyes
Jose Benedicto Luna Reyes was a noted Filipino jurist who served as Associate Justice of the Philippine Supreme Court from 1954 until 1972...
. The need was seen to amend the Civil Code through the Family Code in order to, among others, change certain provisions implanted from foreign sources which had proved unsuitable to Filipino culture; and to attune to contemporary developments and trends.
The Family Code covers fields of significant public interest, especially the law on marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
. The definition and requisites for marriage, as well as the grounds for its annulment
Annulment
Annulment is a legal procedure for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place...
, are found in the Family Code. Also in the Family Code is the law on conjugal property relations, the rules on establishing filiation
Paternity (law)
In law, paternity is the legal acknowledgment of the parental relationship between a man and a child usually based on several factors.At common law, a child born to the wife during a marriage is the husband's child under the "presumption of legitimacy", and the husband is assigned complete rights,...
, and the governing provisions on support
Child support
In family law and public policy, child support is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other relationship...
, parental authority, and adoption
Adoption
Adoption is a process whereby a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents...
.