The Spanish Antecedents of The Philippine Civil Code - Summary

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The Spanish Antecedents of the Philippine Civil Code - Gens – a group of families which formed
By Ruben F. Balane - Had a well developed concept of property
communal
 Sheet Music The Marriage of Isabella and Ferdinand Carthage
- A Phoenician city in North Africa, the rise
- 10/19/1469, Valledolid brought the Iberian peninsula under Car
- Isabella was 18, the great granddaughter of John of Gaunt, influence
Duke of Lancaster, also the princess of Castile - Carthaginians were interested in the Iber
- Ferdinand was 17, from Aragon, King of Sicily commerce
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- Isabella’s brother preferred her to be married to the King
of Portugal, but a papal bull of dispensation w as issued for
- Accompanied by the rise of Rome
Punic Wars
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her to be married to Ferdinand, craftily forged by  expa
- A trio of wars brought about by rival
Ferdinand, his father, and the Archbishop of Toledo  Useful
ambitions  Not
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- As one was Castilian and one Aragonese, both belonged to HamilcarCancel
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Houses of Trastamara, a ruling house in both - Led his armies into Spain
cities - The founder of Barcelona
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 Lusitania Wills – non-existent, in default of
o
 Baetica brothers succeeded, in their defau
 Galicia paternal and marernal sides
 Sheet Music  Carthagenesis o Extreme hospitality – inhuman fo
 Tarraconensis admission into one;s house; every
o Two overseas provinces must be served the best food; if fo
 Mauritania Tingitana must be escorted to a neighbor’s h
 Balearica o Interest on loans – non-existent
Roman Cities - Other features of Visigothic law:
- Zaragoza
- Leon
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o Mutual aid and protection w/in th
o Wife had a right to share
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- Badajoz o Parental authority over the childr
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ac necis
- Merida
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Braga, etc. As refinements to civilization dawned on the Vis
thinking of putting their laws into more permane
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- 506 – draft was submitted to Alaric, who decreed it into - Civil Code owes much to the Institutes of
law with the caveat that they be signed by Chancellor
Anianus FUERO JUZGO
 Sheet Music - Other names: Lex Romana, Liber legume, Auctoritas
ALarici regis, Lex Theodosii, Commonitorium Context
- Based on ante-Justinian Roman law consisting of - Visigothic power was consolidating
o imperial edicts and; - Power was threatened in the reign of Leo
o writings of Roman jurisconsults - Hispano Romans (Orthodox Catholics) v
- contained most of what is found in the 16 books of the (Arians)
Theodosian Code
- is in two parts:
- Byzantine and Suevian territories were co
Read made a part of Visigothic Spain
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- Reccared – faced the religious problem, s
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o Except only in the part of the Institutes of Gaius, in - Only problem that remained was the RES
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parts are integrated legislacion doble
- Early Visigothic legal system: - Solution: the adoption of a law common t
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9.) De divisionibus et annorum temporibus atque limitibus – j. Mother exercises substitute paren
division of lands, lease, and prescription the event of the father’s death; wi
10.) De aegrotis atque mortuis et transmarinis remarriage
 Sheet Music negotiatoribus – physicians, sick, cemetery violators k. Adventitious property is recogniz
11.) De removendis pressuris et omnium haereticorum
omnimodo sectis exstincis – a variety of public matters, B. The Law of Property
administration of justice, harsh provisions agains the Jews a. Modes of acquiring ownership: (a
- Was not a code, but a collection of laws accession (c.) prescription (d.) su
- Can be divided into (1) the law of persons and family; (2) b. Co-ownership was recognized and
the law of property; (3) the law of descent or succession;
(4) the law of obligations and contracts
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c. Servitudes were classified into per
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Descent
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a. Social forces at work towards unity – allowed a. Succession
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between Goths and Hispano- former occurs by virtue of an attes
Romans holographic will; only freemen co
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- 7-year war brought Islam back to S pain, save for pockets of - Religious, Muslim men from Northweste
resistance in the Pyrenees and the Cantabrian mountains Yusuf
- Battle of Tours – - Emperor of the Almoravides
 Sheet Music o 732 AD, Poitiers, France - Defeated Alfonso VI of Leon in the Battle
o they were met by the Christendom under Charles - Reunited the taifas into one Muslim King
Martel, the Frankish major domus Ahomades
o Christendom was restored in Spain - Unitarians
o Also called the Reconquista - A sub-branch of Berber Moors
- Invaded the peninsula and reunited Mus
Spain during and after the Reconquista
- Under the Moors, Spain was organized as an emirate under 1164
was shrinking with the advance of Christ
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the Omayvad caliphate of Damascus - Aragon and Cataluna were united to a sin
- The Omayvad shifted to the Abbasid dynasty, Abd-  Useful
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er-Rahman fled to Spain, and set up the magnificent - Kingdom was called the kingdom of Arag
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Cordoba - Central Spain – consolidation was erratic
- Abd-er-Rahman III assumed the title of CALIPH in the 10 th of kings alternately united and divided th
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o Also referred to “uses or customs, local laws,
privileges, exemptions, or franchises authorized by
public power to diverse classes or districts” The Universities
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M AYORAZGO Context
- Period of Reconquista, which meant a gre
- Fiefs are handed down intact to eldest sons, for though it wasn’t possible to talk about Spanish la
land could be divided, an office could not - Spanish law wasn’t regional, provincial, m
- Primogeniture sectional
- Developed in Carolingian France in the 8th and 9th
centuries
- Jealousy-held privileges prevented codifi
- Great Spanish Universities arose,
 with fa
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Glossators and Com
- Vassalage was developed, wherein a man pledged military - Universities were established
service toOnly $4.99/month.
another o Palencia, 1209
- Benefice – a special grant of land to the vassal o Salamanca, 1239
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- Project was begun by Fernando and completed by Alfonso iv. Period of prescription
- Alfonso’s codes came on 1254-1255, known as one day as against som
o Fuero de las Leyes, Fuero del Libro, Fuero de la years as against someo
 Sheet Music Corte, Fuero Castellano, Fuero de C astilla, Libro c. Provision governing party wal
de los Concejos de Castilla, Flores de Las Leyes being obliged to pay one-half
- Divided into 4 books, consisting of 72 titles and 545 laws construction and maintenance
- Some noteworthy civil law features: D. The law of descent
A. General provisions a. Age for will-making remained
a. Ignorance of the law is not allowed as an b. Portion for descendants: 4/5 o
excuse.
b. Custom is not recognized as source of law.
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B. The law of persons and family  tha
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Causes for unworthiness to su
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10-day requirement set by the Fuero e.g. killing the testator
Juzgo e. Concept of administrator or te
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 The 2nd of Alfonso’s codes, but almost probable that it was A. General Provisions
never promulgated as law but served as basis of the  Principle of territoriality is preserved
Partidas  Ignorance of the law is an excuse for peas
 Sheet Music  Not of concern bec 54 titles, 657 laws contain matters rel.
and women
to public, procedural, and ecclesiastical law
B. The law of persons and family
PARTIDAS
 Minimum age is age of puberty
 Last of Alfonso’s codes
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 Seville, Jun 1256 – Aug 1265, by a group of jurists under
Alfonso himself o Subsequent marriage 
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 Divided into 7 parts and containing 2,479 laws under 182 
titles, originally called Libro de las Leye s or Fuero de las  Useful
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14th century called it the Siete Partidas derivation as to kind, requisites, and effe
 Cortes of Segovia and Alcala de Henares called it the  Mother is given no share in patria potest
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 Legitimes are granted to ascendants  Introduced Roman law too abruptly, or fo
 Substitutions: decentralization were too strong
Vulgar  Influence of Partidas was far greater than
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o Pupilar ejemplar force as a legal enactment would warrant
o Fideicomisaria  However, encyclopedic treatment as well
 Representation is to operate ad infinitum in the direct scholarship assured lasting influence
descending line, and to 2 nd degree in collateral
 Succession in collateral line is allowed to 4 th degree; in
default of relatives w/in these degrees, the surviving
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Partidas changed already simplified law on contract which
 1310, during reign of Fernando IV

 Work of certain jurists headed by Old
had generally required only consent; the new Code
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o Will could be executed with 3 witnesses and court MARRIED LIFE
clerk, or 5 witnesses without a court clerk
Provided that a will need not institute and heir in Turned their prodigious energies to the R

o
Sheet Music Moorish Granada still stood – reminded
order to be valid, legacies and devises were to be
effective in any case; mixed succession i.e. partial Spain was not wholly theirs
testacy and partial intestacy was expressly allowed  1491 – with an army of 80,000, they star
submission
 In two months, Boabdil, Moorish chief, s

ISABEL and FERNANDO
1/6/1492
 taunte
 Boabdil cried while Aixa, his wife,
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 1492 – year
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of glory, Reconquista’s comp
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15th Century rise as a colonial power with discovery of
 Wedding took place in autumn of 1469  Two events were to have far-reaching effe
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 Multiple or collective obligations are presumed juris 1. Juridical capacity is possessed by the
tantum to be joint rather than solidary – solidary oblifation with the following requisites:
being held to exist only if it is expressly provided by both a. Child must be born alive
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parties b. It must survive 24 hours
 Disputed whether compilation was decreed as law or c. It must be baptized
whether it was just a collection of pre-existing statues d. If any of these requisites were abs
 Did not help with the bewildering legal situation with all abortivo
sorts of codes, semi-codes, pseudo-codes, and municipal 2. Marriage as a cause of emancipation from
fueros existing simultaneously
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JUANA LA LOCA
provided he had kissed her
4. Wife could not renounce inheritance with
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predeceased brothers or sisters, nephews and nieces o King of Castile and Leon
inherited per stirpes, not per capita o King of Aragon
5. All kinds of legitimate children were excluded by legitimate Count of Barcelona

o
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descendants from the succession from the succession of the o Holy Roman Emperor
mother, but in the absence of legitimate descendants, these  Charles the First of Spain and the Fifth o
illegitimates, whether natural or spurious, succeeded to the  Absentee king, staying in Spain only 16 o
mother’s estate to the exclusion of legitimate ascendants; as king
father and mother could each give illegitimate children of  Jan 1556 – abdicated the throne, passing
all kinds legacies for support not exceeding 1/5 of their
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6. Mejoras could be given by either WILL or CONTRACT 
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PHILIP II 
a minister of his Council n

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were there regulated
Lopez de Arrieta, and upon this man’s de
jurist, Bartolome Atienza, to undertake th
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THE BOURBONS Towards 18th Century, Charles IV commi
Reguera Valdelomar to revise the Nueva
CONTEXT  Work was submitted to the king in 1802
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 Philip II ruled Spain at the height of her power, but
 15 July 1805 – promulgated as the Nueva
las Leyes de Espana
strained resources beyond the limit
 12 books, 340 titles, 4020 laws
 1958 – his death, just a decade after the rout of the
 Noteworthy provisions:
Invincible Armada at the hands of the English, marked the
o Provision renewing a lease for on
start of a long decline
to vacate had been given prior to e
 Philip III, Philip IV, Charles II (the Bewitched[El 
Hechizado]), each one weaker than the last, presided over Read
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 Netherlands were lost, as well as the Burgundian
possessions and Portugal
o Requirement of paternal consent
boys below 25 and girls below 23
 By the end of the century, France under Louis XIV was in
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 Government was subject to a vast assortment of decrees – the ancient regime, passed a law in 1792
cedulas, decretos resoluciones, ordenamientos, codification
reglamentos, pragmaticas, etc – issued by the King or  Not until Napoleon Bonaparte, who came
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Consejo in his name that codification was achieved
 Decrees were put together in what Horacio de la Costa calls o Meeting in the Chateau of Fontain
“the most impressive body of legislation in history” – the commission headed by two distin
Recopilacion de Leyes de los Reinos de las Indias Portalis and Tronchet, worked on
 1530 – Royal Ordinance established an order of preference promulgated in 1805
of the laws to govern colonies
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 Aftermath of Napoleonic occupation was
therein  constitutionalism
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2. Recopilacion de las Indias 1812
3. Novisima  August 19, 1843 – a royal decreed constit
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regional, with members representing Cataluna, Aragon, CC became effective in the PH on Decem
Galicia, Navarre, etc 20th day of its publication (Mijares v Nery
 1881 – proyecto de Bases – an outline of bases or 1889 (Benedicto v de la Rama)
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fundamental points – was submitted to the Senate  December 31, 1889 – order was publishe
 1884 – Minister of Justice presented a proposed ley de of Gov. Gen. Valeriano Weyler, which sus
Bases – fundamental points on which the CC was to be and 12 of the CC
based, totalling 27 in number  Questions raised about Weyler’s order:
 The Cortes failed to decree it into law due to irresolution o Was there really a directive from

and dissolution
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 11 May 1988 – became a law by royal fiat Sign up to vote  on this titlev de la Rama –
Benedicto

 6 October 1888 – royal decree ordained publication thereof was ever published in the
 11 February 1889 – new Civil Code would take effect on
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but was promulgated on J uly 24, 1889  Sanchez-Roman: “accdg to
merit a certain amount of
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o Civil
• Suspension of title 4 means only
marriage allowed in the PH is
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CANONICAL, under the decree of
Philip II on July 12, 1564, making
the decree of the Council of Trent on
marriage the law of the State
 The Decretum de Reformatione Matrimonii
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 Code continued, being not of political nature, continued to
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Establishment of Republic: President Roxas issued EO 48
on March 20, 1947, calling for a draft of a Philippine Civil
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The Spanish Antecedents of The Philippine Civil Code - Summary

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