PALAWAN STATE UNIVERSITY

SCHOOL OF LAW
Ronald C. Mendoza

CIVIL LAW NOTES

Introduction

Law is an ordinance of reason promulgated for the common good by Him who is in charge.

Classification of law:
a. Natural law – promulgated impliedly in our conscience and body
a. Natural moral law – applies to our higher faculties e.g. do good and avoid
evil.
b. Law of nature – applies to both our higher and lower faculties e.g. law of
gravity.
b. Positive law – promulgated expressly or directly
a. Divine positive law – expressly/directly promulgated by Supreme Being e.g.
The Ten Commandments
b. Divine-human positive law – expressly/directly promulgated by Church e.g.
Commandments of the Catholic Church
c. Human positive law – expressly/directly promulgated by legislative authority
e.g. statutes promulgated by congress

Human Positive Law, in general, is a reasonable rule of action, expressly or directly promulgated
by competent human authority for the common good, and usually, but not necessarily, imposing
a sanction in case of disobedience.

Human Positive Law is a rule of conduct, just, obligatory, promulgated by legitimate authority,
and of common observance and benefit.

Essential Elements of Human Positive Law

a. Reasonable rule of action
b. Due promulgation – otherwise, obedience can hardly be expected
c. Promulgation by competent authority
d. Generally, sanction is imposed for disobedience

Human Positive Law deals with external acts while moral law deals with both external and
internal acts.

Bases of human positive law:

a. Divine pronouncements
b. Natural moral nature of man
c. Legislative enactments
d. Jurisprudence or judicial decisions
 PALAWAN STATE UNIVERSITY
SCHOOL OF LAW
Ronald C. Mendoza

e. Convention and treaties

f. Customs and traditions

Derecho (law) – abstract science of law

Ley (law) – specific laws

Classification of Human Positive Law:

1 According to whether a right is given or merely a procedure for enforcement of a
right:
a. Substantive law [Civil Code of the Philippines]
b. Remedial law (Adjective/Procedural law) [Rules of Court]
2 According to scope or content of the law
a. Private law [Civil Code, Code of Commerce]
b. Public law [Revised Penal Code, Administrative Code]
3 According to force or effect
a. Mandatory (Absolute/Imperative) laws/Prohibitive laws [RPC, some
provisions in the Civil Code]
b. Permissive law (Suppletory law) [Some provisions in the Civil Code]

Civil law – is a branch of law that generally treats of the personal and family relations of an
individual, his property and successional rights, and the effects of his obligations and contracts.

Civil law – is that mass of precepts that determine and regulate the relations of assistance,
authority and obedience amount members of a family, and those which exist among members of
a society for the protection of private interests.

Civil comes from the Latin word “civiles,” a citizen, as distinguished from a savage or barbarian.
Originally, the word pertained to a member of a “civitas” or free political community.

Civil law governs the relations of members of a community with one another while Political law
governs the relations of the people and government.

Civil Code is a codification or compilation of existing laws scientifically arranged into books,
titles, chapters and subheads and promulgated by legislative authority. The purpose is for
simplicity, unity, order and reform in legislation.

Civil Code of the Philippines (R.A. No. 386, effective August 30, 1950)
Preliminary Title (Article 1 – 18)

Sources of the Civil Code:

a. Civil Code of Spain (effective December 7, 1889, principal basis of new Civil Code)
b. 1935 Constitution of the Philippines
 PALAWAN STATE UNIVERSITY
SCHOOL OF LAW
Ronald C. Mendoza

c. Statutes or laws (Philippine, American and European)

d. Decisions of local tribunals, particularly of the Supreme Court
e. Decisions of foreign tribunals
f. Rules of Court (local and foreign)
g. Customs and traditions of our people
h. General principles of law and equity
i. Ideas from the Code Commission itself

Recopilacion de las Leyes de las Indias

Sources of Philippine Civil Law:

a. 1935, 1973, Freedom (Revolutionary and Provisional), and 1987 Constitutions of the
Philippines
b. Statutes, laws, presidential decrees or executive orders where applicable
c. Administrative or general orders
d. Customs of the place
e. Judicial decisions
f. Decisions of foreign courts
g. Principles covering analogous cases
h. Principles of legal hermeneutics (Statutory Construction)
i. Equity and general principles of law

Books of Civil Code:

a. Book 1 - Persons
b. Book 2 – Property, Ownership and its Modifications
c. Book 3 – Different Mode of Acquiring Ownership
d. Book 4 – Obligations and Contracts

Other parts of Civil Code:

a. Preliminary Title
b. Human Relations
c. Transitional Provisions
d. Repealing Clause

2,270 Articles, 43% of which are completely new provisions

Language of the Civil Code – English is controlling since it is written in English. However, the
original source shall be controlling in case of literal translation in English.

Need for Preliminary Title – to set forth general principles.

Articles 1-18
 PALAWAN STATE UNIVERSITY
SCHOOL OF LAW
Ronald C. Mendoza

1 This Act shall be known as the “Civil Code of the Philippines.”

2 Laws shall take effect after fifteen days following the completion of their publication
in the Official Gazette, or in a newspaper of general circulation in the Philippines,
unless it is otherwise provided. This Code shall take effect one year after such
publication.

3 Ignorance of the law excuses no one from compliance therewith.

4 Laws shall have no retroactive effect, unless the contrary is provided.

5 Acts executed against the provisions of mandatory or prohibitory laws shall be void,
except when the law itself authorizes their validity.

6 Rights may be waived, unless the waiver is contrary to law, public order, public policy,
morals or good customs or prejudicial to a third person with a right recognized by law.

7 Laws are repealed only by subsequent ones, and their violation or no-observance shall
not be excused by disuse, or custom or practice to the contrary.

When the courts declare a law to be inconsistent with the Constitution, the former shall
be void and the latter shall govern.

Administrative or executive acts, orders or regulations shall be valid only when they
are not contrary to the laws or the Constitution.

8 Judicial decisions applying or interpreting the laws or the Constitution shall form a part
of the legal system of the Philippines

9 No judge or court shall decline to render a judgment by reason of the silence, obscurity
or insufficiency of the laws.

10 In case of doubt in the interpretation or application of laws, it is presumed that the

lawmaking body intended right and justice to prevail.

11 Customs which are contrary to law, public order, or public policy shall not be
countenanced.

12 A custom must be proved as fact, according to the rules of evidence.

 PALAWAN STATE UNIVERSITY
SCHOOL OF LAW
Ronald C. Mendoza

13 When the laws speak of years, months, days or nights, it shall be understood that years
are of 365 days; months, of 30 days; days, of 24 hours; and nights, from sunset to
sunrise.

If months are designated by their name, they shall be computed by the number of days
which they respectively have.

In computing for a period, the first day shall be excluded, and the last day included.

14 Penal laws and those of public security and safety shall be obligatory upon all who live
or sojourn in Philippine territory, subject to principles of public international law and
to treaty stipulations.

15 Laws relating to family rights and duties, or to the status, condition and legal capacity
of persons are binding upon citizens of the Philippines, even though living abroad.

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