MS Feliciano (Right now, based on the Official Gazette,

Chapter 2: Sources of Law – Digest there are 32 Codes1)

(1) Civil Code;
 Main Sources of law: (2) Revised Penal Code;
- The Constitution (3) Code of Commerce (1888);
- Statutes (4) Administrative Code;
- Treaties (5) National Internal Revenue Code;
- Conventions (6) Election Code;
(7) Tariff and Customs Code;
- Judicial decisions
(8) Code of Agrarian Reforms;
 The Constitution
(9) Land Transportation and Traffic Code;
- the fundamental law of the land (10) National Building Code;
- it is authority of the highest order against (11) Revised Forestry Code;
which no other authority can prevail. Every (12) Cooperative Code
official action, to be valid, must conform to it. (13) Labour Code;
 Statutes
(14) National Code of Marketing Breastmilk
- intended to supply the details which the
Substitutes;
Constitution,
(15) Insurance Code;
- because of its nature, must leave
unprovided for.
(16) Child and Youth Welfare Code;
 Treaties (17) Sanitation Code;
- a compact made between two or more (18) Water Code;
independent nations with a view to the (19) Philippine Environment Code;
public welfare (20) Muslim Code of Personal Laws;
- Has the same force of authority as (21) Fire Code;
legislative enactments (22) Coconut Industry Code;
 Judicial decisions (23) Corporation Code;
- Based on Article 8 of the New Civil Code (24) Omnibus Investments Code of 1987;
- Only Supreme Court decisions (25) State Auditing Code;
 Customary law, to a certain extent (26) Local Government Code;
- Basis: Article XIV, S 17: Art. 11 & 12, NCC (27) the Family Code;
- Philippine law takes cognizance of customs (28) Philippine Fisheries Code of 1998;
which may be considered as supplementary (29) Intellectual Property Code; and
sources of the law. (30) the Securities Regulation Code
A. Philippine Statutes (In numbers)
 American civil govt (1900 – 1935; Philippine
Summary of Basic Codes
Commission & Philippine Legislature):
4,275 laws 1. The Code of Commerce
 Commonwealth period: 733 statutes - effective on 01 December 1888
 1946 to 1972: 6,635 Republic Acts - largely taken from the Spanish Code
 Martial law period: 2,035 Presidential of Commerce of 1885
Decrees - modified largely by several laws that
 P. Corazon Aquino: 302 Executive Orders only a bare outline of the original
 1987 to date: 9,338 Republic Acts code remains
(not indicated when the chapter is - Unrepealed portions are :
published; own research finds its 1978) qualifications of merchants and acts
 Total of 17,574 statutes since 1900. of commerce in general, letters of
(to ~1978) credit, joint accounts, mercantile
registry and bookkeeping.
 “29 Codes in force today”: (~1978) 2. The Corporation Code

1
https://www.officialgazette.gov.ph/the-philippine-legal-
codes/
  Main forms of business
organizations in PH are: (1) sole-
proprietorship; (2) partnerships; and
(3) corporations.
 The Securities and Exchange
Commissions administers the
corporation law and registers such
organizations
 SEC requirements to register a
corporation:
(1) 5-15 directors and majority
should be residents of the PH
(2) 25% of proposed capitalization
must be subscribed and 25% of
the subscription paid
(3) Directors must be stockholders
and at least two directors and the
secretary must be residents of
the PH
- Came into effect 03 Aug 1988
- A corporation may exist for a period
- Amended civil code provisions on
not exceeding 50 years, unless
sooner dissolved or extended
- Some important changes introduced:
- Rules, powers, and capacities of a
corporation indicated in this code.
- Under Philippine law, a foreign
corporation is one which is
incorporated according to the law of
a country other than the Philippines
whose laws allow Filipino citizens
and corporations to do business in its
own country. Must be licensed by
SEC to do business in PH.
- However, there are instances where
a foreign corp. who hasn’t done any
business in PH are allowed to sue
here because use of their products is
prevalent in the country.
3. Civil Law
- Became effective on 01 July 1950,
replacing the Spanish Civil Code of
1889
- Divided into 4 books: (1) Persons, (2)
Property, (3) Different Modes of
Acquiring Ownership, and (4)
Obligations and Contracts.
- 2,270 articles
- Some important changes:
o Elimination of divorce and dowry
o Creation of judicial and
extrajudicial family homes
o A chapter on human rights
o Provisions on the quieting of title
and new easements
o Revival of holographic will
o Increased successional rights of
the surviving spouse and of
illegitimate children
o Reclassification of defective
contracts; new quasi contracts
created
o New chapter on reformation of
contracts
o Created some implied trusts
a. Family Code
marriage and family
o Grounds for annulment
(psychological incapacity)
o Divorcee of foreign partner
allowed to remarry
o Changed property relations
between spouses
o Classification of children:
legitimate, illegitimate,
adopted
b. Child and Youth Welfare Code
- Took effect 10 June 1975
- Amended certain parts of civil
code
- Applying to persons below 21 yrs
old, except thos emancipated
- Important features:
o Rights and responsibilities of a
child
o Parental authority
o Adoption
o Rights, duties and liabilities of
parents
o Foster care
o Youth welfare
o Special categories of children
o Treatment given to youthful
offender

c. Code of Muslim Personal Laws
- Promulgated on 04 Feb 1977
- Recognizing the legal system of
the Filipino Muslims and seeking
to make Islamic institutions more
effective,
- This code deals with:
o marriage (nikah), divorce (talaq),
paternity and filiation, support
(nafaqa), parental authority, civil
registry, succession and the shari’a
courts; jurisdiction for the
adjudication, settlement, and
delivery of legal opinions.
4. Labour Code
- revises and consolidates labour and
social laws to afford protection to
workers, promote employment and
human resources development and
ensure industrial peace based on
social justice.
- Has seven books:
i. Book I: Pre-employment
- recruitment and placement of
workers and the employment
of non-resident aliens
ii. Book II: Human Resources
Development
- national manpower
development programme,
apprenticeship, leaners and
handicapped workers.
iii. Book III: Conditions of
Employment
- Deals with hours of work (shall
not exceed 8 hrs/day), weekly
rest periods and wages, as
well as provisions for the
employment of women, minors
househelpers and
homeworkers
iv. Book IV: Health, Safety and
Social Welfare Benefits
- medical, dental and
occupational safety,
employees’ compensation and
the State Insurance Fund,
Medicare and adult education
v. Book V: Labour Relations
- covers the National Labour
Relations Commission, the Bureau
of Labour Relations, Labour
organizations, unfair labour
practices, collective bargaining and
the administration of agreements,
strikes and lockouts, foreign
involvement in trade union activities
and special provisions.
- The National Labour Relations
Commission exercises appellate
jurisdiction over all cases decided by
Labour Arbiters
- Labour Arbiters exercise exclusive
jurisdiction to hear and decide within
30 calendar days of submission for
decision, without extension to
certain labor disputes.
vi. Book VI: Post-employment
- security of tenure, regular, casual
and probationary employment,
termination by employer or
employee, closure of establishments
and reduction of personnel, and
retirement from service
vii. Book VII: Transitory and Final
Provisions
- panel provisions as well as
prescription of offences and claims