Chapter 1

Question 1

What are laws?
General
Specific
Gate

Answer 1

In its general sense (derecho), law is the science of moral laws based on the rational nature of man which governs his free activity / for the realization of his individual and social ends / and which are often demandable and reciprocal.

In its specific sense (ley) laws are rules of conduct, just, obligatory, and promulgated by legitimate authority for common observance and benefit.

Question 2

What are the two (2) general groups of law?

hagdan

Answer 2

1. Natural Law which are promulgated by our conscience and body.
   Examples:
   a. Law of nature like physics
   Natural Moral Law good vs evil
2. Positive Law which are promulgated expressly or directly.
   Examples.
   a. Divine Positive Law like 10 Commandments
   b. Divine-Human Positive Law like Catholic Church
   c. Human Positive Law like the Constitution, Executive Orders

Question 3

What is the codification of laws? Purpose.

liko madulas

Answer 3

Codification is a process of compiling civil laws, scientifically arranging them into books, chapters, and subheads and promulgated by legislative authority.

Codification is necessary for the simplicity, unity, order and reform in legislation.

Question 4

Define Civil Law. What is the Civil Code?

Levi galit

Answer 4

Civil Law is a mass of precepts which determines and regulates those relations of assistance, authority and obedience among members of a family as well as among members of a society for the protection of private interests.

Civil code is a collection of laws regulating the relations among members of civil society, determining their rights and obligations with reference to persons, things and civil acts.

Question 5

5. When did the present Civil Code of the Philippines take effect?

Answer 5

It took effect on August 30, 1950, one year after its
publication in the Official Gazette as required by Article 2 of the Civil Code.

The controversy:
The Civil Code was published in a June 1949 supplement of the Official Gazette, but that Gazette was circulated on August 30 1949.

Question 6

What are the four books of the Civil Code of the Philippines?

Answer 6

The 1950 present Civil Code of the Philippines is composed of 2,270 Articles, divided into 4 books
Book 1 Persons
Book 2 Property, Ownership and its Modifications
Book 3 Different Modes of Acquiring Ownership
Book 4 Obligations and Contracts
Note the The Family Code of the Philippines repeals certain articles in the Civil Code, such as
Article 52-304 and Articles 311 to 355