INTRO Flashcards
What is a code?
code is a collection of laws that focus on a specific area of law
what are the reasons for codification?
- to simplify or organize legal rules
- consistency of laws (unify)
- update laws to reflect changes in society
what is civil code?
civil code is a set of laws that regulates or govern how people interact with each other in society. it defines their rights, responsibilities regarding individuals, properties, and legal actions
prior to the new civil code, what civil code was enforced in the philippines?
civil code of spain of 1889w
when did the civil code of spain of 1889 took effect in the philippines?
december 7, 1889
what happened after july 4, 1946?
president manuel a. roxas issued executive order no. 48 to revise all existing substantive laws of the philippines and codify them to reflect the filipinos’ customes and traditions
when did the code commission started to be in the works?
may 8, 1947
when was the first draft of the commission code finished?
october 22, 1947
when was the final draft og the commission code finished?
december 15, 1947
when did the congress of the philippines approve the commission code?
june 18, 1949
what was commision code called when it was approved?
republic act no. 386 “an aact to ordain and institute the civil code of the philippines”
when did the civil code of the philippines took effect?
august 30, 1950
who were the members of the code of commission?
- dean jorge bocobo
- judge guillermo b. guevarra
- dean pedro r. ylagan
- dean francisco r. capistrano
- senator arturo tolentino
how many books constitute the new civil code?
4: persons, property, different modes of acquiring ownership, obligations and onctracts
what are the sources of the new civil code?
- civil code of spain
- ph constitution 1935
- statutes or laws (philippine, european, american)
- rules of court (local and foreign)
- decisions of local tribunals particularly the supreme court
- decisions of foreign tribunals
- customs and traditions of our people
- general principles of law and equity
- ideas from the code commission itself
what is the meaning of conclusive presumption of law?
the law assumes everyone knows it
what is the article 3 of the new civil code?
“ignorance of the law excuses no one”
latin of “ignorance of the law excuses no one”
ignorantia legis non excusat
importance of article 3 of the new civil code
it is a necessity because it is a way to make people accountable for their actions. everyone can use it as an excuse that they don’t know the law to avoid taking accountability
What provision in the New Civil Code should be read together with its Article 3?
article 2
what is article 2 of new civil code?
that law shall take effects after 15 working days considering that it is published in an official gazette or news paper of general circulation in the philippines, it is ammended by executive order 200 by cory aquino
what is the objective of article 2?
to make sure that the law is publicized and to inform the citizens about the new law, because if it was not publicized, it would be unjust to punish a person for breaking a rule or law that they did not know existed
What are the reasons of the presumption of knowledge of law?
it is not fair to punish people who knew the law and absolve those who claim they don’t have knowldge about the law. anyone can say that they know the law and it is impossible to prove that they do
