[PP] Module 3: Philippine Civil Code

Civil Code of the Philippines, 1949

- ______________ is the product of the codification of private law in the Philippines.

- It is the general law that governs family and property relations.

- Released in ________ and enacted in 1950

Spanish Era

T/F: While heavily influenced by the Codigo Civil from the Japanese Era, it is already a product of the Commonwealth highlighting modern private laws akin to American law under former President Quezon.

Civil Code of the Philippines

It is important because it ensures that every person shall respect the dignity, personality, privacy and peace of mind of his neighbors

- legal status

- legal standards for the conduct of individuals

- legal persons

- the rights and obligations of subjects regarding personal identities and property in civil

- marriage and family

- business

- trade

- labor relations (referred collectively to as civil relations)

The Civil Code provides the ____________

Social Legislation

The Civil Code has the task of protecting legitimate rights and interests of individuals and organizations, state interests and public interests. It ensures legal equality and safety in civil relations, contributing to the creation of conditions for meeting the material and spiritual demands of people, and to the promotion of socio-economic development. Basically, it is a _______________ that functions in highlighting the fundamental rights of any Filipino citizen.

• Preliminary Title (Articles 1-36)

• Book I: Persons & Family Relations (Articles 37 -413)

• Book II: Property & Property Rights (Articles 414 - 711)

• Book III: Ownership (Articles 712 - 1155

• Book IV: Obligations & Contracts (Articles 1156-2270)

The Sum of its Parts (4 Books of the Civil Code)

Preliminary Title (Articles 1-36)

[Civil Code] States the title, effects and applications of law

Book I: Persons & Family Relations (Articles 37 -413)

Persons, marriage and conjugal rights, legal separations and annulments, and other family obligations by relation (ie to children, parents etc).

Book II: Property & Property Rights (Articles 414 - 711)

Classes of property and terms of possession (items)

Book III: Ownership (Articles 712 - 1155)

Servitude, modes of acquiring ownership & succession/ inheritance laws

Book IV: Obligations & Contracts (Articles 1156-2270)

Laws and nature of obligations held to by written contracts and supporting documents

c

Why are human rights considered "indivisible"?

a. It cannot be compartmentalized

b. It cannot be taken by force

c. It cannot be given away or split into sections

Intellectual Property Code of the Philippines

Article I of the Universal Declaration on Human Rights

Human Rights belong to us simply by reason of our humanity. They are essential to our dignity as persons and rooted in the conviction expressed in _________________________ that "all human beings are born free and equal in dignity and rights."

1. categorically civil and political rights

2. economic, social, and cultural rights

3. collective rights

the 3 archetypes of human rights

Presidential Human Rights Committee (PHRC)

The Philippine Government reinforced its commitment to human rights—civil, political, economic, social, and cultural—by expanding the role of the _________________________ through Administrative Order (AO) 163 in 2006.

1. Religion

2. Speech

3. Press

4. From arbitrary or illegal detention

5. Suffrage

6. Against deprivation of property without due process

7. Just compensation when private property is appropriated for public use

8. Equal protection of the laws

9. Secure in one's domicile

10. Abode

11. Privacy of communication and correspondence

12. Become a member of associations or societies

13. Peaceable assembly to petition the Government

14. Involuntary servitude

15. Right of the accused against excessive bail

16. Right of the accused to have his case heard and counsel

17. Freedom being compelled to be a witness against one's self, of confessing guilt whether under entrapment or otherwise; unless in the process of becoming a State witness

18. From excessive fines unless imposed under a legal statute

19. Access to the courts

19 Basic Filipino Rights

15 years

According to Article 1723 (RA 386), how long is an architect or engineer liable for a building's collapse due to defects?

RA 9266: The Architecture Act of 2004

It supports Article 1723 by regulating the registration, licensing, and practice of architecture in the Philippines.

It is a law aimed to develop competent architects, establish professional standards, and enforce penalties for violations, replacing the RA 545 (1950).

T

T/F. The Supreme Court reinforced 9266 by overturning the Civil Engineers appeal to have the ability to sign architectural documents and be the primary signatory in Building Permits.

a

Why are human rights considered "interdependent"?

a. It cannot be compartmentalized

b. It cannot be taken by force

c. It cannot be given away or split into sections

1. R.A. 8293 Philippine Laws on Intellectual Property

2. R.A. 165 Patent Law

3. R.A. 166 Trademark Law

4. R.A. 10372 IP Amendment Law 2013

5. P.D. 49 Protection of Intellectual Property

5 laws that pertain to Intellectual Property Code of the Philippines

R.A. 8293 Philippine Laws on Intellectual Property

- The umbrella law covering intellectual property

- An Act prescribing the Intellectual Property Code and establishing the Intellectual Property Office (IPO), providing for its powers and functions

R.A. 165 Patent Law

An Act creating a patent office, prescribing its powers and duties, regulating the issuance of patents, and appropriating funds.

R.A. 166 Trademark Law

An Act to provide for the registration and protection of trade-marks, trade-names, and service marks, defining unfair competition and false marking and providing remedies against the same, and for other purposes.

R.A. 10372 IP Amendment Law 2013

Act Amending Certain Provisions of RA. 8293 ('Intellectual Property Code of the Philippines), and for other purposes (especially trademarks).

P.D. 49 Protection of Intellectual Property

The Decree on Intellectual Property in the Philippines grants rights and protection to various classes of original scientific and artistic works. (copyrights)

[a] Copyright and Related Rights

[b] Trademarks and Service Marks

[c] Geographic Indications

[d] Industrial Designs

[e] Patents

[f] Layout-Designs (Topographies) of Integrated Circuits

[g] Protection of Undisclosed Information (n) [TRIPS]

The term "intellectual property rights" consists of

Technology transfer arrangements

It refers to contracts or agreements involving the transfer of systematic knowledge for the manufacture of a product, the application of a process, or rendering of a service including management contracts; and the transfer, assignment or licensing of all forms of intellectual property rights, including licensing of computer software except computer software developed for mass market

T

T/F: In Art. 178.1, the author of an original literary or artistic work owns the copyright.

T

T/F. In the case of works of joint authorship, the coauthors shall be the original owners of the copyright and in the absence of agreement, their rights shall be governed by the rules on co-ownership. If, however, a work of joint authorship consists of parts that can be used separately and the author of each part can be identified, the author of each part shall be the original owner of the copyright in the part that he has created (Art. 178.2)

Employee

Who owns the copyright if an employee creates a work that is NOT part of their regular job duties?

Employer

If an employee creates a work as part of their regularly assigned duties, who owns the copyright?

1. work

2. copyright (unless a written stipulation to the contrary)

In a commissioned work,

1. what does the client own by default?

2. what does the artist own?

T

T/F: The architect has the right to control the erection of any building which reproduces the whole or a substantial part of the work either in its original form or in any form recognizably derived from the original.

F - will not cover

T/F: The copyright covers the right to control the reconstruction or rehabilitation in the same style as the original of a building to which that copyright relates. (This exception is applied to restoration, renovation and adaptive reuse parameters.)

Trademark

Any visible sign capable of distinguishing the goods or services of an enterprise and shall include a stamped or marked container of goods, and legally owned by a natural or juridical person who is using or intends to use in commerce a mark in connection with goods and/or services.

T

T/F: Copyright are dependent on the scope of each project the Architect does, and not dependent on the physical size.

F - also words, and design elements that define an Architect's brand (or firm)

T/F. Only logos and slogans can be protected under trademark law.