INTRODUCTION TO THE NEW CIVIL CODE

Question 1

What is law as defined by Sanchez Roman?

Answer 1

Sanchez Roman defines law as “a rule of conduct, just, obligatory, promulgated by the competent authority for the common good of a people or nation, which constitutes an obligatory rule of conduct for all its members.”

Question 2

Differentiate Civil Law from the Civil Code.

Answer 2

CIVIL LAW
- Branch of law that treats of the personal and family
relations of an individual, his property and successional
rights, and the effects of his obligations and contracts.

CIVIL CODE
– a collection of laws which regulate the private
relations of the members of civil society, determining
their respective rights and obligations, with reference to persons, things, and civil acts.

Question 3

Differentiate Civil Law from Political Law.

Answer 3

Civil law – governs the relations of the members of the
community to one another.

Political law – deals with the relations of people and
government.

Question 4

Give a history of the Philippine Civil Code.

Answer 4

Civil Code of Spain 1889 – Gaceta de Manila, and was
patterned under Code Napoleon based on Ley de Bases of Spain, common law of Castilla and opinions of juriconsults on Spanish Civil Laws.

Manuel Roxas – E.O 48. Created a new Code Commission
to meet the need for immediate revision of all existing
substantive laws of the Philippines and codifying them in conformity with the customs, traditions, and idiosyncrasies of the Filipino people.
Dr. Jorge Bocobo (chair)
Judge Guillermo B. Guevarra
Dr. Pedro Y. Tlagan
Dean Francisco R. Cappistrano
Arturo M. Tolentino – Dr Carmmelino Alvendia
May 8, 1947 – start
October 22, 1947 – first draft
June 18, 1949 – approval as Republic Act No. 386
An Act to Ordain and Institute the Civil Code of the
Philippines
August 30, 1950 – effective after
publication in the Official Gazette

Question 5

What are the sources of the New Civil Code?

Answer 5

Sources of New Civil Code:
The present Civil Code of the Philippines consisting of
2,270 articles is based on:
1. Spanish Civil Code of 1889
2. Foreign laws such as the civil codes of Argentina,
England, France
3. Foreign judicial decisions, comments and
treatises of foreign jurists.
4. Doctrinal decision of the Philippine Supreme
Court
5. Philippine laws such as the Marriage Law;
Divorce Law; the Rules of Court.
6. 1935 Constitution of the Philippines
7. Report of the Code Commission
8. Filipino customs and traditions

Question 6

The new civil code is divided into 4 books. Enumerate each.

Answer 6

Book I, Persons – originally it covered Art. 37-413, but
when the Family became effective on August 3, 1988, the law on Persons pertains only to the following:

Book II, Property, Ownership and Its Modifications
Book III, Different Modes on Acquiring Property
Book IV, Obligations and Contracts

Question 7

T or F

The Civil Code encompasses Civil Law.

Answer 7

False. The Civil law is wider in concept than the Civil Code. The Civil Code is part of the civil Law, but not all laws are part of the Civil Code. Most of our civil laws are found in the Civil Code but the Civil Code is not the only repository of our civil laws. (Family code E.O. 209, Youth Welfare Code, and Domestic
Adoption act.)

Question 8

What does Civil Law cover?

Answer 8

Civil Law covers:
1. The person himself and the rights of personality.
2. The family and the rights of family.
3. Associations and partnerships
4. The human patrimony
a. Right to things or the right to property
and its modifications
b. The right of obligations
c. The rights of hereditary succession