Here’s a comprehensive breakdown of Civil Law, specifically under the I. Preliminary Title, as per Philippine law:

I. PRELIMINARY TITLE (Articles 1-36 of the Civil Code of the Philippines)

The Preliminary Title of the Civil Code of the Philippines establishes the general provisions applicable throughout the Code. This title covers fundamental principles on the applicability, effectivity, and interpretation of laws in the Philippines. Here’s a detailed discussion:

Article 1 - The Sources of Law

Laws - Legislation as passed by the legislative branch, signed by the executive.
Customs - Long-established practices accepted as binding law if consistent with legislation.
General Principles of Law - Broad doctrines recognized by civil law jurisdictions; resorted to in the absence of legislation or customs.

Article 2 - Effectivity of Laws

Publication: Laws take effect 15 days after publication in the Official Gazette or in a newspaper of general circulation, unless otherwise provided.
Non-retroactivity: As a rule, laws apply prospectively and cannot apply retroactively unless specified otherwise by the law itself.

Article 3 - Ignorance of the Law

Ignorance of the law excuses no one from compliance therewith. This principle ensures that individuals cannot evade legal obligations by claiming ignorance.

Article 4 - Waiver of Rights

Rights granted by law may be waived unless the waiver is contrary to law, public order, public policy, morals, or good customs, or prejudicial to a third party with a right recognized by law.

Article 5 - Acts Contrary to Law, Morals, Good Customs, Public Order, or Public Policy

Acts performed against these principles are void. This ensures that private actions align with broader societal norms and the general welfare.

Article 6 - Rights and Duties Conferred and Imposed by Law

Rights granted by law are not waived or renounced if the waiver is contrary to law, public order, or public policy. Duties and obligations under the law are mandatory unless otherwise stated.

Chapter I: Effect and Application of Laws (Articles 7-18)

Article 7 - Repeal of Laws

Laws are repealed only through express or implied legislative acts. The revival of laws requires legislative re-enactment.

Article 8 - Judicial Decisions

Judicial decisions interpreting laws form part of the legal system but are not laws themselves. They serve as precedents for future cases, establishing doctrines (e.g., doctrine of stare decisis).

Article 9 - Duty to Decide

Judges must resolve all cases before them even if there is no specific law governing the case, using analogous laws and principles.

Article 10 - Gaps in Legislation

In cases where there is no applicable law, the Court is empowered to resolve matters based on the principles of justice, equity, and the general principles of law.

Article 11 - Public Interest and Law

Laws relating to public interest, public order, and police power are generally mandatory and not subject to agreements contrary to public order or policy.

Article 12 - Contracts and Local Jurisdiction

The Civil Code generally governs contracts and obligations, except as stipulated by special laws, and parties can agree on the laws and jurisdiction applicable to their contracts.

Article 13 - Computation of Time

Time computation in laws uses calendar days unless otherwise stated; leap years and holidays are considered in reckoning deadlines.

Article 14 - Penal Provisions and Retroactivity

Penal laws and laws creating new penalties cannot apply retroactively unless favorable to the accused, protecting rights under prior less stringent laws.

Article 15 - Personal Law (Nationality Principle)

Personal status and capacity of Filipinos are governed by Philippine law, regardless of where they are domiciled. This affects citizenship, family rights, and other personal matters.

Article 16 - Real Property and Lex Situs

Property rights are governed by the law where the property is located (lex situs).

Article 17 - Obligations Contracted Abroad

The validity of contracts is based on the law where the contract is executed, though public policy in the Philippines overrides foreign law where required.

Chapter II: Conflict of Laws and Provisions on Jurisdiction (Articles 18-36)

Article 18 - Applicability of Foreign Law

In certain instances, foreign laws apply, particularly in cases involving foreign nationals. However, if a foreign law is inconsistent with Philippine public policy, it cannot be applied in the Philippines.

Articles 19-21: Duties and Obligations in Exercising Rights

These articles impose upon all persons a duty to act with fairness, diligence, and in good faith. Unjust enrichment, damages, and injuries resulting from wrongful exercise of rights or performance of duties are grounds for legal redress.

Articles 22-23: Compensation and Damages

Unjust enrichment without basis or compensation through damages are explicitly recognized. Article 22 ensures restitution for benefits obtained without just cause, while Article 23 recognizes damages for rights violations.

Articles 24-28: Fundamental Rights and Obligations

These articles protect citizens from discrimination and ensure that rights are preserved, even when not specifically enumerated in the Civil Code, unless otherwise restricted by public interest.

Articles 29-36: Legal Persons, Personality, and Capacity

Legal persons (such as corporations) enjoy rights and assume obligations. Personality of individuals begins upon live birth and ends at death, while juridical persons acquire their personality upon registration.

Key Principles and Themes in Preliminary Title

Primacy of Law: The Civil Code emphasizes that all actions must comply with the laws of the land, which are supreme in the regulation of rights and obligations.
Equity and Justice: The code enshrines principles of fairness and the importance of acting with equity and good faith.
Respect for Foreign Laws: Philippine law accommodates foreign law in appropriate cases, particularly involving international parties or properties located abroad.
Public Policy and Morality: Acts violating public order, morals, or customs are void, illustrating the importance the Civil Code places on societal standards and the protection of public interest.

Summary

The Preliminary Title of the Civil Code lays down foundational doctrines that permeate the interpretation and application of all civil laws in the Philippines. From recognizing the primacy of law, the non-retroactive application of legal provisions, to setting the groundwork for public policy and morals, these articles ensure that laws operate within a structured framework that respects individual rights while balancing public welfare. The Preliminary Title is instrumental in guiding both the judiciary and the citizenry on the breadth and limitations of legal interpretation and applicability.