TABLE OF CONTENTS

The Civil Code of the philippines

Preliminary Title

Chapter 1

Effect and Application of Laws

The Civil Code of the Philippines

Code defined
History of Philippine Civil Code
Sources of Civil Code
Physical or Mechanical Composition
Effectivity of Civil Code (Republic Act No. 386)
Effectivity of Laws
General Rule
Laws providing for its own effectivity
When law is silent
Computation of the 15-day period
Publication requirement
Where to publish
Publication in full
Meaning of “newspaper of general circulation”
Meaning of clause “unless it is otherwise provided” in
Article 2
Effectivite immediately upon approval
Reduction or extension of 15-day period
Meaning of term “laws” in Article 2
 CIVIL LAW
THE CIVIL CODE OF THE PHILIPPINES
(REPUBLIC ACT NO 386, as amended)
PRELIMINARY TITLE
CHAPTER 1
Effect and Application of Laws
THE CIVIL CODE OF THE PHILIPPINES
Art. 1. This Act shall be known as the “Civil
Code of the Philippines.”
Code – is 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.1
HISTORY OF THE PHILIPPINE CIVIL CODE
Civil Code of Spain of 1889
first civil code in force in the Philippines;
extended to this country by Royal Decree of
July 31, 1889.
Became effective on December 7, 1889
Republict Act No. 386
Approved by Congress on June 18, 1949
Note: not all civil laws are found in the Civil
Code scattered in the various special laws
promulgated by the Legislature2.
SOURCES OF CIVIL CODE
1. The Spanish Code of 1889;
2. the codes, laws, judicial decisions and work
of jurists in other countries;
3. doctrines laid down by the Supreme Court
of the Philippines;
1 RABUYA, ELMER T., The Laws on Persons and Family
Relations p. 1, 2017 Ed., citing TOLENTINO, Civil Code,
1990 Ed., p. 11
2 RABUYA, ELMER T., The Laws on Persons and Family
Relations p. 2, 2017 Ed.
4. Filipino customs and traditions
5. Philippine Statutes; and
6. the Code Commission
PHYSICAL OR MECHANICAL COMPOSITION
Civil Code of the Philippines
 consists of 2,270 articles divided into four
(4) books, namely:
 BOOK I – Persons
 BOOK II – Property, Ownership and Its
Modifications
 BOOK III – Different Modes of
Acquiring Ownership
 BOOK IV – Obligations and Contracts
 The Family Code
- Repealed: Art. 52 to 304, 311 to 355,
and 397 to 406 of Book I
- Not Repealed: Art. 305 to 310; 356 to
396; and 407 to 413
EFFECTIVITY OF CIVIL CODE (REPUBLIC
ACT No. 386)
Date of effectivity – August 30, 1950: exactly
one year after the Official Gazette publishing the
Code was released for “circulation,” the said
release having been made on August 30, 19493.
Note: This ruling with respect to the effective
date seems to be contrary to the provisions of
the Civil Code itself which states that “this Code
shall take effect one year after such
PUBLICATION,” NOT AFTER CIRCULATION4.
3 RABUYA, ELMER T., The Laws on Persons and Family
Relations p. 2, 2017 Ed.
4 Ibid
 Art. 2. Laws shall take effect after fifteen
days following the completion of their
publication either in the Official Gazette, or
in a newspaper of general circulation in the
Philippines, unless it is otherwise provided.
(As amended by Executive Order no. 200)

General Rule:

CHAPTER 2

Human Relations

Introduction

Articles 19 to 36

Art. 19. Every person must, in the exercise of

his rights and in the performanceof his duties,
act with justice, give every one his due, and
observe honesty and good faith.

Art. 19. Every person must, in the exercise of

his rights and in the performanceof his duties,
act with justice, give every one his due, and
observe honesty and good faith.

Art. 19. Every person must, in the exercise of

his rights and in the performanceof his duties,
act with justice, give every one his due, and
observe honesty and good faith.
 THE CIVIL LAW
Case List

Article 2
1. Lara v. Del Rosario, 94 Phil. 778
2. Raymundo v. Penas, 96 Phil. 311
3. Camporendo v. Aznar, 102 Phi. 1055