CIVIL CODE OF THE
PHILIPPINES (REPUBLIC
ACT NO. 386)
Intro
Concept:
* General/Abstract (derecho) –
mass obligatory rules established
for the purpose of governing the
relations of persons in society.
* Specific/Material (ley) – A
norm of human conduct in social
life, established by a sovereign
organization and imposed for the
compulsory observance of all.
Characteristics:
 It is a rule of human
conduct
 Promulgated by competent
authority
 Obligatory; and
 Of general observance
General Divisions:
1. Divine Law – God himself
is legislator who
promulgated the law.
2. Human Law –
Promulgated by man to
regulate human relations
Main Classes of Human
Law
I. General/ Public Law –
a) International Law –
governs relations
between nations or
states.
b) Constitutional Law
– governs the
relations of human
beings as citizens of
a state and the
governing power.
c) Administrative Law
– governs relations
between officials
and employees of
the government
d) Criminal Law –
guarantees the
coercive power of
the law so that it
will be obeyed.
e) Religious Law –
regulates the
practice of religion.
II. Individual/Private Law:
a) Civil Law – regulates
relations of individuals
with other private
individuals for purely
private ends.
b) Mercantile Law –
regulates the special
relations produced by
commercial transactions.
c) Procedural Law – provides
for the means by which
private rights may be
enforced.
Specific Kinds of Law
a. Mandatory – commands
something to be done
b. Prohibitory – commands
that something should not
be done.
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 c. Permissive – what it
permits to be done should
be tolerated/ respected
Savigny’s Classification:
 Absolute – has an
obligatory character.
 Suppletory – leaves the
will of the individual free
to act.
Code: body of laws of the same
kind; a body of legal provisions
referring to a particular branch of
law.
HISTORY:
* Prior to this Code,
Recopilacion de Las Leyes de las
Indias with supplemental laws
were applied:
- Latest Spanish laws
enacted for coloniesi
- La Novisima Recopilacion
- La Nueva Recopilacion
- The Royal Ordinances of
Castille
- Leyes de Toro (Laws of
Toro)
- The Siete Partidas
(promulgated thru
Ordenamiento De Alcala
of 1384)
SOURCES:
 Constitutions:
- The 1935 Constitution
(May 14, 1935)
- The 1973 Constitution
(Jan. 15, 1973)
- The 1986 Freedom
Constitution
[Revolutionary and
Provisional] (promulgated
thru Pres. Proclamation
Mar 25, 1986)
- The 1987 Constitution (
Feb. 11, 1987)
 Statutes, laws, presidential
decrees, or executive
orders applicable.
 Administrative or General
Orders not violative of the
law/Constitution. ( Art. 7,
p.3)
 Customs of the place not
contrary to existing laws,
public order, or public
policy. ( Art. 11, p.3)
 Judicial decisions and
customs.
 Decisions of Foreign
Courts
 Principles covering
analogous cases. (Cerrano
v Tan Chuco, 38 Phil. 932)
 Principles of legal
hermeneutics
* hermeneutics deals with
interpretation.
 Equity and general
principles of law (Juridical
standards of conduct based
on morality and right
reasoning).
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ART.1 This Act shall be known Ph. v. Encarnacion, L-3936,
as the Civil Code of the 1950)
Philippines.
Notes:
ART.2
 This is applicable only to
SCOPE circulars which are
punitive in nature.
1. Ordinary Law  Administrative rules and
2. Civil Code Executive Orders must be
*Under Martial Law, conform to standards of
Executive has law-making the law; the former having
authority to issue: the force of law (Tayug
a. General Orders Rural Bank v. Central
(CODES) Bank G.R.46158, 1986)
b. Presidential
Decrees/Executive
Orders
(STATUTES)
c. Letters of
Instruction/Implem
entation
(CIRCULARS)
d. Proclamations
(Announcements)
Tanada v. Tuvera G.R. 63915
(1986) birthed E.O. 200
providing publication of laws in
either the Official Gazette or a
newspaper of general circulation
in the Philippines.
No publication needed when law
provides for its own – given that
it is not punitive in character
i.e. “ …shall take effect July 4,
2002” ; “upon approval” ( takes
effect on first hour of the day of
approval, pursuant to Rep. of the