Art.1 This act shall be known as the Civil Code of the Philippines
DISCUSSION:
The principal basis is the civil code of Spain, which became effective in the Philippines either on December 7, 1889 or on December 8, 1889. The correct date, it would seem, is December 7, 1889(or 20 days after publication in the Gaceta de manila on November 17, 1889) titles 4 and 12 of book 1 of said civil code were never applied for their application in the Philippines was suspended. After that the civil code of Spain was in turn an adaptation of the code napoleon.
This act shall be known as the Civil Code of the Philippines
This article has following sources:
(a) The Civil Code of Spain
(b) The Philippines constitution of 1935
(c) Statutes or Laws ( Philippines, American ,European)
(d) Rules of Court (local or foreign)
(e) Decision of local tribunals (particularly the Supreme Court).
(f) Decisions of foreign tribunals.
(g) Customs and tradition of our people
(h) General principles of law and equity
(i) Ideas from the Code Commission itself
sources of Philippine civil law
the 1935 and the 1973 philippine constitution the supreme court ruled that there was no more obstacle to the effectivity of the 1973 constitution. its effective date is January 17, 1973, according to presidential proclamation. after the 1973 constitution, we had the freedom constitution promulgated as aresult of edsa revolution.
The Code Commission
A Code Commission of five members was created by Pres. Manuel Roxas through Executive Order No. 48, dated March 20, 1947, in view of the need for immediate revision and codification of Philippine Laws- in conformity with Filipino customs and ideals, and in keeping with progressive modern legislation. Congress approved the draft on June 18, 1949 as Republic Act No. 386.
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