General principles According to the scope and content of the

law:
Definition of law  Private law – it regulates the
relation of the members of the
A rule of conduct, just, and obligatory, laid community of one another.
down by legitimate authority for common  Public law – it governs the relation
observance and benefit. (Sanchez Roman) of the individual with the state.

ELEMENTS OF THIS DEFINITION: According to force of effect:

1. It is a rule of conduct – Laws  Mandatory laws – it regulates

serves as a guide of an individual those laws that must be complied
in relation to his fellowmen and to with because they are expressive of
his community. public policy.
2. Law must be just – As guide for  Permissive – it is a suppletory
the human conduct, laws must laws, those which may be deviated
always aim that justice should from, if the individual so desires.
always prevail.
3. Laws must be obligatory – If the Definition of Civil Law
purpose of the law are not
enforced, the purpose for which  It is a branch of law that governs
they are intended will not be the relation between the members
served. of a community with one another.
4. Laws must prescribe by legitimate  It is the mass of precepts that
authority – If laws are not determine and regulate the
prescribed by the legitimate relations of assistance, authority,
authority, the people could not be and obedience among members of
expected to observe them. a family, and those which exist
5. Laws must be ordained for the among members of a society for
common benefit – this is based the protection of private interest.
with the principle of Solus Populi (Sanchez Roman)
Est suprema Lex, or the welfare of  Civil word comes from the latin
the people shall be the supreme word – civiles or a citizen and
law. Laws are supposed to be originally the word pertained to a
applied equally to all citizens member of a civitas or free
regardless of their religion, political community.
political persuasion and status in
the life. Civil Law v. Civil Code

Classification of Human Positive Law  CIVIL CODE – it is a compilation

and codification of the general
According to whether a right is given or laws that governs the persons,
merely the procedure for enforcement is laid family relations, property rights,
down: successional rights and even the
obligations and contracts.
 Substantive Law – It establishes  CIVIL LAWS - It is a branch of
the rights and duties. law that governs the relation
 Remedial Law – It prescribes the between the members of a
manner of enforcing legal rights community with one another.
and claims.
Effect And Application Of Laws

Persons and Family Relations

Article 1. This Act shall be known as the
Civil Code of the Philippines  There is no effectivity clause in the
law –laws shall take effect 15 days
Republic Act No. 386: “An Act to ordain and after the completion of the
Institute the Civil Code of the Philippines” publication.
 Passed on January 26, 1949
 Took effect on August 30, NOTE: The phrase “unless it is otherwise
1950 provided” refers to the 15-day period before
which a law takes effect and not to provision
Sources of the Civil Code in the same article requiring publication.
The sources of the Philippine Civil code are as (Tañada v, Tuvera, G.R. No. L-63915, 1986)
follow/s:
1. The Philippine constitution from NOTES REGARDING PUBLICATION
1934 Philippine constitution to  Publication is mandatory.
1987 Philippine Constitution.  Publication must be in full.
2. Statutes, laws, presidential decrees, Otherwise, it is no publication at
or executive orders which are all. (Ibid.)
applicable.  The purpose of publication is to
3. Administrative or general orders inform the public of its contents.
insofar as they are not contrary to (Ibid.)
the laws or the constitution.  It applies to all statutes, including
4. Customs of the place provided local and private laws, unless there
they are not contrary to existing are special laws providing for a
laws, public order, or public different mechanism for the
policy. effectivity of specific statutes.
5. Judicial decisions.
6. Principles covering analogous Executive Order 200
cases.  This is also known as the
7. Principles of legal hermeneutics publication of laws either in the
8. Equity and general principles of Official Gazette or in newspaper of
law. general circulation in the
Philippines as requirement for their
Article 2. Laws shall take effect after fifteen effectivity.
days following the completion of their  Effective June 18, 1987.
publication either in the Official Gazette or in  The reason why it includes the
a newspaper of general circulation in the Newspaper in the publication is
Philippines, unless it is otherwise provided. that it is more easily available and
(amended by E.O. No. 200) have a wider readership and come
out regularly.
As a rule: Laws shall take effect fifteen days  It takes effect immediately after its
following the completion of their publication. publication.

Publication must be in either Official Gazette

or Newspaper in general circulation in the
Philippines.

The rule must be:

 There is an effectivity clause in the

Law itself – after the publication
requirement, the law shall take
effect on its specified effectivity
clause in the law.
Persons and Family Relations