CIVIL CODE OF SPAIN

Fajardo, Carl Dianne S.

Sambo, Karmel Anne D.
History
■ August 19, 1843 – A royal decree constituted a Comison
general de Codigos
■ May 8, 1851 – Commission submitted draft of Codigo Civil,
divided into a preliminary title and three books, containing a
total of 1,992 articles
1st book on Persons
2nd book on Property and Ownership
3rd book on Modes of Acquiring Ownership
■ Efforts to codify the civil law:

Mortgage Law
Notarial Law
Law of Waters
Law on Marriage
Law on Civil Registry
■ Feb. 2, 1880 – another royal decree called for codification
■ 1881 – Proyecto de Bases, an outline of bases or fundamental points
was submitted to the Senate
■ 1884 – Minister of Justice presented a proposed ley de Bases –
fundamental points on which the Codigo Civil was to be based,
totaling 27 in number. The Cortes failed to decree it into law due to
irresolution and dissolution.
■ May 11, 1988 – Codigo Civil became a law by royal fiat
■ October 6, 1888 – royal decree ordained publication thereof
■ 11 February 1889 – new Civil Code would take effect on May 1, 1889
but was promulgated on July 24, 1889
■ Composed of preliminary title with 16 articles and 4 books subdivided into
41 titles:
1st book: De las Personas (Persons)

2nd book: De los Bienes, de la Propiedad y de sus

Modificacion (Property, Ownership, and its Modifications)

3rd book: De los Diferentes modos de Adquirir la

Propiedad (Different ways of Acquiring Ownership)

4th book: De las Obligactones y Contratos (Obligations and Contracts)

CODIGO CIVIL
■ July 31 1889 – a royal decree was issued by the Queen Regent Maria
Cristina, in the name of her son, King Alfonso XIII;

Decree extended the Civil Code to Cuba, Puerto Rico, and the Philippines
to take effect 20 days after publication in the official newspapers.

■ September 12, 1889 - Decree received the cumplase of the Governor

General

■ November 17, 1889 - text of code was published in the Gaceta de

Manila
■ December 7, 1889 - Codigo Civil became effective in the Philippines
on the 20th day of its publication (Mijares v Nery) or December 8,
1889 (Benedicto v de la Rama).

■ December 31, 1889 – order was published under the name of

Governor General Valeriano Weyler, which suspended Titles 4 and 12
of the Civil Code.
■ Code recognized two forms of marriage:
1. Canonical
2. Civil

• Suspension of Title 4 means only marriage allowed in the Philippines is

CANONICAL, under the decree of Philip II on July 12, 1564, making the
decree of the Council of Trent on marriage the law of the State.

■ Code continued, being not of political nature, continued to be in force

during the American occupation.
■ March 20, 1947 - Establishment of Republic: President Roxas issued
Executive Order 48, calling for a draft of a Philippine Civil Code

■ May 8, 1947 – Code Commission began drafting

■ June 18 1949 – draft was submitted to Congress as HB. 2118, enacted as

RA 386

■ Code Commission Report:

57% - derived from the Spanish Code
43% - completely new provisions
Books of the Civil Code

■ Book I – Persons
■ Book II – Property, Ownership and its Modifications
■ Book III – Different Modes of Acquiring Ownership
■ Books IV – Obligations and Contracts
Some Important Changes Made by the Civil Code
■ Book I – elimination of absolute divorce, creation of judicial or
extrajudicial family homes, insertion of chapter on Human Relations,
abolition of dowry, greater rights for married women
■ Book II – new provisions on the quieting of the title on the creation of
new easements. The provisions on the “censo” and “use and
habitation” have been eliminated
■ Book III – the holographic will has been revived; successional rights of
the surviving spouse and of illegitimate children have been increased;
the “mejora” or betterment has been disregarded
■ Book IV – defective contracts have been reclassified.; there is a new
chapter on “reformation of contracts”; some implied trusts are
enumerated; new quasi-contracts have been created