Persons and Family Relations Law Civil Code of the Philippines by Arturo M. Tolentino (Chapter Summary) CHAPTER I I.
Introduction A. Law may be understood in two concepts: General or Abstract Sense i. Law defined as “The science of moral rules, founded on the rational nature of man, which governs his free activity, for the r ealization of the individual and social ends, of a nature both demandable and reciprocal.” Specific or Material Sense ii. Law defined as a “Juridical proposition or an aggregate of juridical pr opositions, promulgated and published by the competent organs of the State in accordance with the Constitution.” Constitution.” B. Foundations Foundations of Law Law is a product of social life and a creation of human nature Law rests upon the concepts of order, co -existence, and liberty C. Characteristics of Law a. Rule of Human Conduct b. Promulgated by competent authority c. Obligatory d. Of General Observance D. Law and Morals Conscience – Source of Law and Morals Social Conscience – Law in many cases takes into account moral concepts; however, not all moral duties have been converted into juridical obligations. Happiness – Purpose of Law and Morals Happiness – An act may be entirely in conformity with law but contrary to morals; and viceversa. Conduct may be justifiable from the point of view of morals but contrary to law. E. General Divisions of Law In it most comprehensive sense , Law may may be divided into two General Groups: Groups: a. Divine Law – Law – God himself is the legislator who has promulgated the law b. Human Law – Law – promulgated by man to regulate human relations
Human Law is divided into two Main Classes which can be further divided: a. General or Public Law i. International Law – – governs relations bet. nations or states ii. Constitutional Law – – governs relations bet. human beings as citizens of a state and the governing power iii. Administrative Administrative Law – – governs relations bet. officials and employees of the govt. iv. Criminal Law – guaranties the coercive power of the law
v. Religious Law – – regulates the practice of religion b. Individual or Private Law i. Civil Law – – regulates the relations of individuals with other individuals ii. Mercantile Law – – regulates the special relations produced by commercial transactions iii. Procedural Law – – provides for the means by which rights may be enforced F.
Kinds of Specific Law Law, in the specific sense, is generally classified into: into: i. Mandatory – – it commands that something be done ii. Prohibitory – – it commands that something should not be done iii. Permissive – Permissive – it commands that what it permits to be done should be tolerated or respected The aforementioned classification were criticized by some including Savigny, as unscientific. It is said that more important classification is that of: i. Absolute – Absolute – obligatory character ii. Suppletory – – leaves the will of the individual free to act, and w hen only this has not manifested does the law present t he rule to determine the juridical fact.
G. Codification of Laws Code – a collection of laws of the same kind; a body of legal provisions referring to a particular branch of law “ To reduce the bulk, clear out the refuse, condense and arrange the residium, so that the people and lawyer, and the judge as well, may know what to practice and obey” – David Dudley Field Reasons for Codification: i. Necessity of simplifying and arranging juridical rules ii. Necessity of unifying various legislations iii. Necessity of introducing reforms occasioned by social changes H. Codification in the Philippines The first step towards codification of private law in the Philippines was taken by President Manuel L. Quezon in 1940, when he created a Code Committee to formulate a Civil Code. Members of the Code Committee: Committee: i. Chief Justice Ramon Avaceña ii. Justice Jose P. Laurel iii. Justice Antonio Villareal iv. Dr. Jorge Bocobo v. Dr. Pedro Ylagan vi. Justice Alex Reyes vii. Justice Mariano A. Albert viii. Justice Anacleto Diaz ix. Antonio Horilleno x. Attorney Godofredo Reyes
General Consultants of the Committee: Committee: i. Judge Roberto Concepcion ii. First Assistant Solicitor General Jose B.L. Reyes The Code Committee had begun its work of codification of the Civil Code; but its records were destroyed in the battle for the Liberation of Manila in 1945. On March 20, 1947 , by Executive Order No. 48, 48, President Manuel A. Roxas created a new Code Commission, composed of five members: members: i. Dr. Jorge Bocobo - Chairman ii. Judge Guillermo B. Guevarra iii. Dr. Pedro Y. Ylagan iv. Dean Francisco Capistrano v. Arturo M. Tolentino (resigned 1949) vi. Dr. Carmelio Alvendia (substitute) Work began on May 8, 1947 October 22, 1947 – 1947 – First draft was finished December 15, 1947 – 1947 – Final draft was completed January 1948 – 1948 – submitted to Congress June 18, 1949 – 1949 – approved as Republic Act No. 386
I.
Definition of Civil Law Civil Law – – branch of law which has for its double purposes that organization of the family and regulation of property. “Mass of precepts which determine and regulate the relations of assistance, authority, and obedience among the members of a family, and those which exist among members of a society for the protection of private interests.”
J.
Sources of Philippine Law Immediate Sources of Philippine Civil Law: i. New Civil Code ii. Statutes – Statutes – i.e. Copyright Law, Patent Law, Law of Waters, Labor Laws iii. Spanish and American Law
