Study Notes on Philippine Civil Law System
INTRODUCTION TO THE PHILIPPINE CIVIL LAW SYSTEM
Source: Commentary and Jurisprudence on the Civil Code of the Philippines: Volume One, Arturo M. Tolentino (1992)
CONCEPTS OF LAW
The term "law" can be understood in two concepts:
General or Abstract Sense (Derecho):
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." (Sanchez Roman 3)
Summarized as the "mass of obligatory rules established for the purpose of governing the relations of persons in society." (Salvat 1-3)
Specific or Material Sense (Ley):
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." (Ennecerus, Kipp & Wolf 136)
Characterized as a norm of human conduct in social life, established by a sovereign organization, and imposed for compulsory observance of all. (Ruggiero 5-6)
Sanchez Roman further defines it as "a rule of conduct, just, obligatory, promulgated by the competent authority for the common good of a people or nation, which constitutes an obligatory rule of conduct for all its members."
FOUNDATIONS OF LAW
Law is a product of social life and a creation of human nature.
Intended by man/woman to serve man/woman.
Regulates relations between human beings to maintain harmony in social groups by restricting individual liberty to facilitate co-existence.
Law rests upon concepts of order, co-existence, and liberty.
LAW AND MORALS
Not all human conduct is governed by law; other forms such as morals and religion exist.
Only legal rules have a legal sanction and can be enforced by public authority.
Law and morals have a shared ethical basis and emerge from the same source – the social conscience.
Historically, law and morals were indistinguishable during early human evolution.
Notable philosophers like Plato and Aristotle depicted this confusion, as evidenced by the absence of a specific term for law in ancient Greece, where it was encompassed by the broader concept of justice.
The Roman term "jus" derives from justice, defined as the art of being good and fair.
Over time, Romans began distinguishing law from morals, a distinction that persists today.
Although law considers moral concepts, not all moral duties are legally binding to maintain the voluntary nature of morals.
The realm of morals exceeds that of law; law only governs societal interactions, while morals encompass duties toward self and God.
A metaphor to illustrate the relationship between law and morals is that of two intersecting circles, sharing common principles yet having distinct principles as well (e.g., Contraception/Abortion, Divorce, Death Penalty).
GENERAL DIVISIONS OF LAW
Divine Law (Relations with God) vs. Human Law (Human Relations)
Human Law divided into:
Public Law:
Constitutional Law
Administrative Law
Criminal Law
International Law
Taxation Law
Legal Ethics
Private Law:
Civil Law
Labor Law
Commercial Law
Procedural Law
THE 8 MAJOR BRANCHES OF LAW (BAR SUBJECTS)
Political Law
Labor Law and Social Legislation
Civil Law
Taxation Law
Commercial (Mercantile) Law
Criminal Law
Remedial Law
Legal Ethics and Forms
KINDS OF LAW: BY BRANCHES OF GOVERNMENT
Statutory/Codified/Enacted (Legislative)
Constitution as a sovereign enactment adopted by the people
Civil Law System is codified/enacted
Statutes made by legislative bodies representing the people
Case Law (Jurisdiction)
Decisions from the Supreme Court
Doctrine of Precedent: Past decisions guide current disputes.
Stare Decisis: Latin for "let the decision stand," referring to maintaining precedents. It requires judges to abide by prior decisions on similar issues within the same jurisdiction.
Res Judicata: Latin for "what has already been judicially decided." This pertains to final decisions on matters that cannot be re-litigated in other courts.
Administrative Law (Executive)
Enforced by the President and governmental regulatory agencies
Also known as implementing rules and regulations of a law
KINDS OF SPECIFIC LAW: BY FUNCTION
Specific laws are classified as mandatory, prohibitory, or permissive:
Every law commands something, making it obligatory, but it commands in three ways:
Mandatory: Commands that something be done.
Prohibitory: Commands that something should not be done.
Permissive: Commands that what is permitted should be tolerated or respected. (Fabres 90)
Criticism on this classification includes the view of Savigny as unscientific, proposing a more significant classification of absolute (obligatory) and suppletory (allowing individual freedom, presenting rules only when action hasn’t manifested). (Borja 4)
CODIFICATION OF LAWS
As laws grow in number, the need for compilation arises, evolving to codification, which systemizes laws into codes.
A code is a collection of laws of the same kind, pertaining to a specific legal area.
David Dudley Field defined codification as:
"To reduce the bulk, clear out the refuse, condense and arrange the residium, so that the people and the lawyer, and the judge as well, may know what to practice and obey – this is codification, nothing more and nothing less."
Reasons for codification include:
Simplifying and organizing scattered legal rules
Unifying multiple legislations within a country
Addressing reforms due to social changes. (Ruggiero 102)
CODIFICATION IN MODERN TIMES
The concept of codification began with Napoleon through the Code Napoleon in 1804 and has inspired almost all modern nations, including those who initially resisted it, like Great Britain and the U.S.
Codification presents challenges; notable timelines include:
French Civil Code: 3 years
German Code: 14 years
Swiss and Chile Codes: 8 years
Argentine Code: 5 years
Philippine Civil Code completed in just 7 months (from the creation of the Roxas Code Commission).
The best codifications underwent revisions post promulgation, exemplifying the evolving nature of law.
French Civil Code revised through multiple editions, with the 1816 edition still in force.
Italian Code completed in 1860 and revised successively through the years.
Swiss Civil Code revised from 1904 to 1907, and German Code subjected to several revisions after its original completion in 1887.
CODIFICATION IN SPAIN
The initiative for uniform laws in Spain began with Alfonso X, through the Fuero Real in 1255, considered a form of codes.
Alfonso XI followed with the Ordenamiento de Alcala (1384), promulgating Las Siete Partidas.
Other compilations included Leyes de Toro, La Nueva Recopilacion, La Recopilacion de las Leyes de India, and La Novisima Recopilacion, by Carlos IV on July 15, 1805.
These collections were general, lacking specialization across legal branches. The Constitution of 1812 mandated a singular Civil Code for Spanish dominions.
Proyecto de Codigo Civil completed in 1851 was never actualized.
The Ley de Bases (May 11, 1888) laid the foundation for the new Civil Code, finalized and in effect on July 24, 1889.
INFLUENCES ON SPANISH CIVIL LAW
Spanish civil law was shaped by multiple factors:
Roman law
Germanic law
Canon law
Scientific evolutionary thought
Foreign legislation
Doctrines in jurisprudence.
Historical context:
Spain was part of the Roman Empire, leading to Roman law's imprint on Spanish law.
After Rome, the Goths established a caste system, leading to a bifurcated legal structure:
Roman laws for conquered peoples were documented in the Code of Alaric or Breviario de Aniano.
Germanic laws applied to ruling classes collected in the Code of Euric or of Tolosa.
Canon law emerged as a crucial influence through the rise of Christianity and clergy involvement in legislation.
CODIFICATION IN THE PHILIPPINES
COMMONWEALTH PERIOD
The initial step toward codifying private law occurred in 1940 under President Manuel L. Quezon, creating a Code Committee led by Chief Justice Ramon Avancena.
Committee members:
Justice Jose P. Laurel
Justice Antonio Villareal
Dr. Jorge Bocobo
Dr. Pedro Ylagan
In June 1941, Justice Alex Reyes and Justice Mariano A. Albert were appointed additional members.
General consultants from the Department of Justice included:
Judge Roberto Concepcion
First Assistant Solicitor General Jose B.L. Reyes.
JAPANESE OCCUPATION
During Japanese occupation, the Code Committee operated within the Japanese-sponsored government framework and was reappointed on March 12, 1942.
Additional members added on June 6, 1942:
Former Supreme Court Justices Anacleto Diaz and Antonio Horilleno
Attorney Godofredo Reyes (added on August 10, 1942)
Work on codification commenced but was interrupted when records were destroyed during the Manila liberation in 1945.
POST-LIBERATION
On March 20, 1947, Executive Order No. 48 initiated the creation of a new Code Commission by President Manuel A. Roxas to revise existing substantive laws in line with Filipino customs and modern legislation trends.
Four original members included:
Dr. Jorge Bocobo (Chairman)
Judge Guillermo B. Guevarra
Dr. Pedro Y. Ylagan
Dean Francisco R. Capistrano
Dr. Tolentino joined as the fifth member on February 29, 1948, but resigned in 1949 after being elected to the House of Representatives.
The codification effort culminated in the enactment of Republic Act No. 386 on June 18, 1949.
DEFINITION OF CIVIL LAW
Under Roman law, civil law had four senses:
Equivalent to national law applicable to citizens of a specific city.
Distinguishing law composed of plebiscites and imperial constitutions from the jus honorarium or pretorium.
Applicable specifically to Roman citizens, as opposed to foreigners or jus gentium.
Occasionally used to signify opinions of authorized jurists. (Sanchez Roman 64-65)
In modern terms, civil law refers to the branch of law with dual purposes:
Organizing family structures
Regulating property
It is further defined as:
"the mass of precepts which determine and regulate relations of assistance, authority, and obedience among family members and those among society for protecting private interests." (Julian Arribas, cited in Sanchez Roman 70)
ANGLO-AMERICAN COMMON LAW
Neither English nor American common law governs in the Philippines, nor do their derived doctrines bind the courts unless they align with local conditions and existing laws.
Examples: (U.S. vs. Cuna, Arnedo vs. Llorente, U.S. vs. Abiog)
Many Philippine laws trace American origins and require common law principles for interpretation and application.
Notable cases indicate against applying Anglo-American precedents when they conflict with established civil law theories or local customs. - U.S. vs. Johnson underscores this stance post-independence.
Although American judicial decisions were binding during the American regime, such rulings post-independence may have persuasive effects while embracing local adaptations.
CIVIL AND COMMERCIAL LAW
A distinction exists in various countries between civil law and commercial law, often represented by separate codes.
Movements toward unifying civil and commercial law include:
The Swiss Federal Code of Obligations
The USSR Civil Code of 1942
The Franco-Italian project of 1927
Vivante argues for unification since no fundamental difference exists between civil and commercial acts.
However, completely unifying lacks feasibility according to Muñoz and is strongly opposed by Vidari. - Modern developments in commercial law, including independent branches like negotiable instruments, banking, securities, and maritime law, present significant obstacles to unification.