Philippine Civil Law Persons and Family Relations Including Family Code

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Philippine Civil Law Persons and Family

relations
Introduction
The Philippine Civil Code (PCC) is a law which governs the rights and obligations of persons in
the Philippines. The PCC was enacted on 30 August 1950, six years after the adoption of our
Constitution. The PCC has three parts namely: Family Rights, Duties and Status (Title 5),
Property (Title 6), Obligations and Contracts as well as Special Laws on Certain Subjects;

In the Philippines, the main sources of law are Spanish,


American and Anglo-Saxon laws.
In the Philippines, the main sources of law are Spanish, American and Anglo-Saxon laws.

The Spanish Civil Code was enacted on March 10, 1889. It is divided into two kinds: codified
and uncodified. The codified law comprises those provisions which have been enacted directly
by Congress in enactments known as statutes or laws and these are found in the following
books: (1) Part I or Book I on Persons (Kanunang Pagsasamakalat ng mga Tungkulin sa
Kasaysayan at Buhay na mga Pilipino); (2) Part II or Book II on Property (Kanunang Batas sa
Kita o Kaya); (3) Part III or Book III on Obligations (Kanunang Batas sa Mga Karapatan at
Pagkaikli ng Pagkabalisa); and (4) Part IV or Book IV on Successions (Kanunang Batas sa
Pagtatagumpay ng Kasaysayan at Buhay). On the other hand, uncodified Spanish Law
encompasses all those laws of Spain that were not enacted directly by Congress but were
merely transmitted to us as part of our common law tradition.*

The Spanish law is divided into two kinds: codified and


uncodified. The codified law is embodied in the Civil
Code and it applies to civil relations while uncodified
Spanish law embodies in various legislation enacted by
the Philippine Legislature prior to its independence in
1946. These laws were formulated under a colonial
system of government where the executive power was
lodged in a Governor-General appointed by the King of
Spain whereas legislative power was vested in a colonial
legislature consisting of an upper house, known as the
Philippine Commission, composed of appointed officials
and a lower house called Philippine Assembly composed
of elected representatives and some appointed members.
Spanish law is divided into two kinds: codified and uncodified. The codified law is embodied in
the Civil Code and it applies to civil relations while uncodified Spanish law embodies in various
legislation enacted by the Philippine Legislature prior to its independence in 1946. These laws
were formulated under a colonial system of government where the executive power was lodged
in a Governor-General appointed by the King of Spain whereas legislative power was vested in
a colonial legislature consisting of an upper house, known as the Philippine Commission,
composed of appointed officials and a lower house called Philippine Assembly composed of
elected representatives and some appointed members.

The Philippine Civil Code took effect on August 30, 1950,


six years after the adoption of our Constitution. The civil
code has three parts namely; Family Rights, Duties and
Status (Title 5), Property (Title 6), Obligations and
Contracts (Title 7)
The Civil Code is the law of the land. It took effect on August 30, 1950. The Code has three
parts: Family Rights, Duties and Status (Title 5), Property (Title 6), Obligations and Contracts
(Title 7).

Title 5 covers Family Rights and Duties including Family


Relations. Article 15 which states that “Laws relating to
family rights and duties or to status, condition and legal
capacity of persons are binding upon citizens of the
Philippines, even though living abroad”
The Family Code of the Philippines is a compilation of laws, rules and regulations that govern
the family relations of Filipinos. It covers family rights and duties, marriage settlements,
separation agreements and divorce proceedings. On top of that, it also includes terms regarding
children's right to support from their parents in cases where they are unable to provide for
themselves due to disability or illness. The code is applicable only within Philippine soil;
however it is binding upon citizens even if they live abroad if such laws apply in their place of
residence.

The civil code is the main source of law in the Philippines. It covers family rights, duties and
status (Title 5), property (Title 6), obligations and contracts (Title 7) as well as other related
topics such as inheritance law, labor law and criminal law.

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