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• Civil Code is defined as the collections of laws which regulate the private relations of the members of the society, determining their respective rights and obligations, with reference to persons, things and civil acts.
• Civil Code of the Philippines is the product of the codification of private law in the Philippines. It is the general law that governs family and property relations in the Philippines.
• FEATURES OF THE CIVIL CODE 5 BOOKS;

  persons and family relations, property, succession, obligations and contracts, special contracts
• Family Code covers fields of significant public interest, especially the law on marriage: the definition and requisites for marriage, as well as the ground for its annulment of marriage.
• PURPOSES OF THE FAMILY CODE

  • Revises the provisions of the Civil Code on marriage and family.
  • Implements policies embodied in the new constitution that strengthen marriage and family.
• Contracts is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or render services.
• CONSENT OF CONTRACTING PARTIES

  Consent, offer, acceptance
• Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract.
• Offer is a proposal made by one party to another into a contract. The offer must be certain and the acceptance absolute.
• Acceptance is the manifestation of the offeree of his assent to the terms of the offeror. A qualified acceptance constitutes a counter offer. Acceptance maybe made by letter or telegram does not bind the offeror except from the time it came to his knowledge.
• REQUISITES OF CONTRACT

  • there must be two or more parties
  • the parties must be of legal capacity to enter a contract
  • there is no vitiation of consent
  • there must be no conflict between what is declared and what is intended
• PERSONS WHO ARE NOT QUALIFIED TO ENTER INTO A CONTRACT

  1. unemancipated minors
  2. insane or demented persons
  3. deaf or mutes
  4. those who are in the state of drunkenness or during hypnotic spell
• Objects of the Contract is the subject matter of the contract. Is the content which the both parties have agreed upon.
• REQUISITES OF THE OBJECT OF CONTRACT

  • all things which are in the commerce of men
  • it must be transmissible or transferrable
  • not contrary to law, morals, good customs
  • only physically, legally, and possilbe things are the subject of the contract
• Cause of Contract is understood to be, for each contracting party the prestation or promise of a thing or service by the other.
• Forms of Contract . contract shall be obligatory in whatever from they may have been entered into, provided all the essential requisites for their validity are present. The following must appear in a public document.
• Informal contracts are those which maybe entered into in whatever form provided that all requisites are present for validity. This may be written or oral contract.
• Implied Contract on the other hand is a contract that is concluded as the results of acts of parties to which the law an objective intention to enter into a contract.
• KINDS OF CONTRACTS

  • informal contract
  • formal contracts
  • implied contract
  • expressed contract
  • void contracts
  • illegal contract
• Formal Contract are those which require special formalities or a certain specified form. It may also contain the perfected form of consent, subject matter and cause.
• Expressed Contract is one which conditions of the contract are expressed through writing or orally by both parties.
• Void Contract are those that do not have effect at all or invalid due to fictitious content; the cause of object does not exist at the time of transaction; object of the contract cannot be ascertained; and the object of the contract is contrary to the law, policies, regulation, public laws or policy.
• Illegal Contract is contrary to the law because of content obtained through fraud; threatend violence to get consent; and consent taken through material misrepresentation.
• SUCCESSION AND WILLS

  • succession
  • descendent
  • inheritance
• Succession is a mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance, of a persons are transmitted through his death to another or others either by his will or by operation of law.
• Descendent is the general term applied to the person whose property is transmitted through succession, whether or he left a will.
• Inheritance includes all the property, rights and obligations of a person which are not extinguished by his death.
• KINDS OF SUCCESSION

  • testamentary succession
  • intestate succession
  • mixed succession
• Testamentary succession is the one that which results from the designation of an heir, made in a will executed in the form prescribed by law.
• Intestate succession occurs when a person did not make a will before his death, if his will is void, the law vests the inheritance to the proper persons such as the legitimate or illegitimate relatives of the deceased.
• Mixed succession is that partly affected partly by will and partly by operation of law.
• Will is an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of this estate, to take effect after his death.
• Testator is the one making a will.
• Heir is a person called to the succession either by the provision of a will or by operation of law.
• Devisees and Legatees are persons to who gifts of real and personal property are respectively given by virtue of a will.
• PERSONS QUALIFIED TO MAKE A WILL

  • All persons who are not expressly prohibited by law
  • the testator is of sound mind at the time of its execution
  • married woman may make a will without the consent of her husband
  • persons of either sex above eighteen years of age
• QUALIFIED TO BE A WITNESS TO A WILL

  • any person of sound mind
  • age of eighteen years or more
  • not blind, deaf or dumb
  • able to read and write
• DISQUALIFIED FROM BEING WITNESSES TO WILL

  • any person not domiciled in the Philippines
  • those who have been convicted of falsification of a document, perjury or false testimony
• CPD - Continuing Professional Development
• PRC - Professional Regulation Commission