History of Philippine Civil Code

The Philippine Civil Code is strongly influenced by the Spanish Cdigo Civil, which
was first enforced in 1889 within the Philippines, then a colony of the Spanish
Empire. The Cdigo Civil remained in effect even throughout the American
Occupation, however by 1940 the Commonwealth Government of President Manuel
Luis Quezon formed a Commission tasked with drafting a new Civil Code. The
Commission was initially headed by Chief Justice Ramn Avancea, but its work was
interrupted by the Japanese invasion and the Second World War, while its records
were destroyed during the Battle of Manila in 1945.

In 1947, President Manuel Roxas of the Third Republic created a new Code
Commission, this time headed by the former Dean of the University of the
Philippines College of Law, Jorge Bocobo. Among the members of this new
Commission were future Supreme Court Associate Justice Francisco R. Capistrano,
and future Vice-President Arturo Tolentino. The Code Commission completed the
final draft of the new Civil Code by December 1947, and this was submitted
to Congress, which enacted it into law through Republic Act No. 386. The Civil Code
took effect in 1950.[1]

Due to its wide coverage and impact, the Civil Code is the subject of much study
and extensive commentary. Several legal luminaries developed reputations as
experts on the Civil Code and consequently enhanced their reputations in the field
of Philippine law. These include Tolentino, who himself had helped draft it, Supreme
Court Associate Justices J. B. L. Reyes, Flrida Ruth P. Romero, Jos Vitug, and
Edgardo Paras.

(although developments in tort and damages law have been guided less by the
Code than by judicial precedents.)

The influence of the Spanish Civil Code is most evident in the books on property,
succession and obligations and contracts. The law on succession, for example,
retains such concepts indigenous to Spain such as the rule on legitimes and reserva
troncal. On the other hand, many of the provisions on special contracts, particularly
on sales, are derived from common law as practised in the United States, reflecting
the influence of American colonial rule and the influx of commercial relations
involving Americans at the time.

The great mass of disputes between private persons over civil and property
relations are resolved by applying the provisions of the Civil Code. With over 2,000
specific provisions, the Civil Code attempts to anticipate all possible questions
arising from civil and property relations and prescribe a definitive solution for these
problems. Understandably, the Civil Code itself is unable to provide a definite
answer for all emerging problems; thus the courts also rely on precedent based on
interpretations by the Supreme Court. This the Civil Code itself notably recognises in
saying that "[j]udicial decisions applying or interpreting the laws or the Constitution
shall form a part of the legal system of the Philippines" (Article 8, Civil Code), a
recognition of the eminent role now played by precedents in Philippine law.

The Family Code of 1987[edit]

In 1987, President Corazn Cojuangco Aquino enacted into law The Family Code of
1987, which was intended to supplant Book I of the Civil Code concerning persons
and family relations. Work on the Family Code had begun as early as 1979, and it
had been drafted by two successive committees, the first chaired by future
Supreme Court Justice Romero, and the second chaired by former Supreme Court
Justice Reyes. The Civil Code needed amendment via the Family Code in order to
alter certain provisions derived from foreign sources which had proven unsuitable
to Filipino culture and to attune it to contemporary developments and trends. [2]

The Family Code covers fields of significant public interest, especially the laws
on marriage. The definition and requisites for marriage, along with the grounds
for annulment, are found in the Family Code, as is the law on conjugal property
relations, rules on establishing filiation, and the governing provisions
on support, parental authority, and adoption.