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
realization 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 propositions, promulgated and published by the
competent organs of the State in accordance with the
Constitution.
B. 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
Social Conscience Source of Law and Morals
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
An act may be entirely in conformity with law but contrary to
morals; and vice-versa.
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 be divided into two General Groups:
a. Divine Law God himself is the legislator who has
promulgated the law
b. Human 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 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:
i. Mandatory it commands that something be done
ii. Prohibitory it commands that something should not be done
iii. 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 obligatory character
ii. Suppletory leaves the will of the individual free to act, and
when only this has not manifested does the law present the
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:
i. Chief Justice Ramon Avacea
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:
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, President Manuel
A. Roxas created a new Code Commission, composed of five
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 First draft was finished
December 15, 1947 Final draft was completed
January 1948 submitted to Congress
June 18, 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 i.e. Copyright Law, Patent Law, Law of Waters, Labor
Laws
iii. Spanish and American Law