(30a). Article 1437. If the usufructuary shares with the owner the insurance of the tenement given in usufruct, the former shall, in case of loss, continue in the enjoyment of the new building, should one be constructed, or shall receive the interest on the insurance indemnity if the owner does not wish to rebuild. Express acceptance is not necessary for the validity of these donations. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. Misrepresentation made in good faith is not fraudulent but may constitute error. However, the following shall not prejudice the laborers, employees and furnishers of materials: (1) Payments made by the owner to the contractor before they are due; (2) Renunciation by the contractor of any amount due him from the owner. (n), Article 1333. The lessee cannot assign the lease without the consent of the lessor, unless there is a stipulation to the contrary. However, even though a monthly rent is paid, and no period for the lease has been set, the courts may fix a longer term for the lease after the lessee has occupied the premises for over one year. When adverse possession had been commenced before the sale but the prescriptive period is completed after the transfer, the vendor shall not be liable for eviction. The vendor who recovers the thing sold shall receive it free from all charges or mortgages constituted by the vendee, but he shall respect the leases which the latter may have executed in good faith, and in accordance with the custom of the place where the land is situated. 2, all the rights of a partner under the first paragraph, subject to liability for damages in the second paragraph, No. Six months from the publication having elapsed without the owner having appeared, the thing found, or its value, shall be awarded to the finder. If months are designated by their name, they shall be computed by the number of days which they respectively have. Acts of mere preservation or provisional administration do not imply an acceptance of the inheritance if, through such acts, the title or capacity of an heir has not been assumed. (545), Article 630. The following shall be entered in the civil register: (1) Births; (2) marriages; (3) deaths; (4) legal separations; (5) annulments of marriage; (6) judgments declaring marriages void from the beginning; (7) legitimations; (8) adoptions; (9) acknowledgments of natural children; (10) naturalization; (11) loss, or (12) recovery of citizenship; (13) civil interdiction; (14) judicial determination of filiation; (15) voluntary emancipation of a minor; and (16) changes of name. In the direct line, ascent is made to the common ancestor. (520), Article 611. The Civil Code [2] has lease provisions that cover rentals above PHP 10,000 and those not covered by the Rent Control Act of 2009, including commercial spaces and rent-to-own units. If the immovable sold should be encumbered with any non-apparent burden or servitude, not mentioned in the agreement, of such a nature that it must be presumed that the vendee would not have acquired it had he been aware thereof, he may ask for the rescission of the contract, unless he should prefer the appropriate indemnity. A person may execute a holographic will which must be entirely written, dated, and signed by the hand of the testator himself. The amount mentioned in article 231 thus received by the person who has established the family home, or as much thereof as the court may determine, shall be invested in constitution of a new family home. If the debtor changes his domicile in bad faith or after he has incurred in delay, the additional expenses shall be borne by him. (1407), SECTION 4Charges Upon and Obligation of the Conjugal Partnership. Article 1866. (1490). Article 230. Each spouse shall proportionately bear the family expenses. The bailee is obliged to pay for the ordinary expenses for the use and preservation of the thing loaned. (783), Article 866. (n), CHAPTER 3Effects of the Contract When the Thing Sold Has Been Lost. An obligation having been annulled, the contracting parties shall restore to each other the things which have been the subject matter of the contract, with their fruits, and the price with its interest, except in cases provided by law. Article 1434. If the lessee continues enjoying the thing after the expiration of the contract, over the lessor's objection, the former shall be subject to the responsibilities of a possessor in bad faith. Article 1217. The validity of a will as to its form depends upon the observance of the law in force at the time it is made. Between persons who are absent, the acceptance of the agency cannot be implied from the silence of the agent, except: (1) When the principal transmits his power of attorney to the agent, who receives it without any objection; (2) When the principal entrusts to him by letter or telegram a power of attorney with respect to the business in which he is habitually engaged as an agent, and he did not reply to the letter or telegram. The creditor does not acquire the ownership of the real estate for non-payment of the debt within the period agreed upon. (1782), Article 1998. Article 772. Any person who wilfully causes loss or injury to another in manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage. (n), Article 1466. (1864), Article 2095. Except in cases expressly specified by the law, or when it is otherwise declared by stipulation, or when the nature of the obligation requires the assumption of risk, no person shall be responsible for those events which could not be foreseen, or which, though foreseen, were inevitable. Mutual error as to the legal effect of an agreement when the real purpose of the parties is frustrated, may vitiate consent. If the borrower pays interest when there has been no stipulation therefor, the provisions of this Code concerning solutio indebiti, or natural obligations, shall be applied, as the case may be. Article 1415. When the law creating or recognizing them, or any other provision does not fix the domicile of juridical persons, the same shall be understood to be the place where their legal representation is established or where they exercise their principal functions. (n). The government promotes the full growth of the faculties of every child. In case of doubt it is understood that the repairs are chargeable against him. In the absence of a record of birth, authentic document, final judgment or possession of status, legitimate filiation may be proved by any other means allowed by the Rules of Court and special laws. (n), Article 2189. (n), Article 2117. The value of what is donated or promised to the common children by the husband, only for securing their future or the finishing of a career, or by both spouses through a common agreement, shall also be charged to the conjugal partnership, when they have not stipulated that it is to be satisfied from the property of one of them, in whole or in part. All persons who are not expressly prohibited by law may make a will. No trust shall fail because the trustee appointed declines the designation, unless the contrary should appear in the instrument constituting the trust. Article 485. A sub-guarantor, in case of the insolvency of the guarantor for whom he bound himself, is responsible to the co-guarantors in the same terms as the guarantor. CHAPTER 1Provisional Measures in Case of Absence. Any clause giving one of the parties power to choose more arbitrators than the other is void and of no effect. In such cases the testamentary dispositions made in accordance with law shall be complied with and the remainder of the estate shall pass to the legal heirs. (121a), Article 272. The Civil Code of the Philippines - At a Glance . It shall be sufficient if the testator was able at the time of making the will to know the nature of the estate to be disposed of, the proper objects of his bounty, and the character of the testamentary act. No part-owner may, without the consent of the others, open through the party wall any window or aperture of any kind. CIVIL CODE OF THE PHILIPPINES BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS Title I. (810), Article 891. If the possessor of a movable lost or which the owner has been unlawfully deprived, has acquired it in good faith at a public sale, the owner cannot obtain its return without reimbursing the price paid therefor. The following circumstances shall be considered: the confidential, family, spiritual and other relations between the parties, or the fact that the person alleged to have been unduly influenced was suffering from mental weakness, or was ignorant or in financial distress. Explorations for subterranean waters on lands of public dominion may be made only with the permission of the administrative authorities. The ownership of a piece of land cannot be acquired by occupation. In case of ascendants, the paternal shall have a better right. 364. Article 763. An adopted child succeeds to the property of the adopting parents in the same manner as a legitimate child. The creditor shall have a right to indemnity for damages when, through the fault of the debtor, all the things which are alternatively the object of the obligation have been lost, or the compliance of the obligation has become impossible. Alienations by onerous title are also presumed fraudulent when made by persons against whom some judgment has been rendered in any instance or some writ of attachment has been issued. If after a litigation has been decided by a final judgment, a compromise should be agreed upon, either or both parties being unaware of the existence of the final judgment, the compromise may be rescinded. (3), Article 5. Article 354. (561), Article 647. (n), Article 1717. (405), Article 500. %%EOF A petition for legal separation may be filed: (1) For adultery on the part of the wife and for concubinage on the part of the husband as defined in the Penal Code; or, (2) An attempt by one spouse against the life of the other. Donations cannot comprehend future property. The designation of the day or time when the effects of the institution of an heir shall commence or cease shall be valid. (1776a), Article 1990. If after a judgment annulling a marriage, the former wife should believe herself to be pregnant by the former husband, she shall, within thirty days from the time she became aware of her pregnancy, notify the former husband or his heirs of that fact. In the collateral line, ascent is made to the common ancestor and then descent is made to the person with whom the computation is to be made. (1572). A testamentary provision in favor of a disqualified person, even though made under the guise of an onerous contract, or made through an intermediary, shall be void. If the act in which the unlawful or forbidden cause consists does not constitute a criminal offense, the following rules shall be observed: (1) When the fault is on the part of both contracting parties, neither may recover what he has given by virtue of the contract, or demand the performance of the other's undertaking; (2) When only one of the contracting parties is at fault, he cannot recover what he has given by reason of the contract, or ask for the fulfillment of what has been promised him. (469), Article 565. (1725), Article 1898. The possessor of an animal or whoever may make use of the same is responsible for the damage which it may cause, although it may escape or be lost. Unless otherwise agreed, where goods are delivered to the buyer, and he refuses to accept them, having the right so to do, he is not bound to return them to the seller, but it is sufficient if he notifies the seller that he refuses to accept them. The rights to the succession are transmitted from the moment of the death of the decedent. (1816). (1) Obey and honor his parents or guardian; (2) Respect his grandparents, old relatives, and persons holding substitute parental authority; (3) Exert his utmost for his education and training; (4) Cooperate with the family in all matters that make for the good of the same. (1074a), Article 1099. (1948). It was enacted in 1950, and remains in force to date with some significant amendments. The right to dispose of some of the things donated, or of some amount which shall be a charge thereon, may be reserved by the donor; but if he should die without having made use of this right, the property or amount reserved shall belong to the donee. (1865a), Article 2097. Article 1363. Warranty Against Hidden Defects of or Encumbrances Upon the Thing Sold, Article 1561. (187a), Article 388. If the property is mortgaged, the donor may redeem the mortgage, by paying the amount guaranteed, with a right to recover the same from the donee. Article 1858. (540a), Article 624. The same shall be done, even when the area is the same, if any part of the immovable is not of the quality specified in the contract. 2, and 1405; (2) The cession, repudiation or renunciation of hereditary rights or of those of the conjugal partnership of gains; (3) The power to administer property, or any other power which has for its object an act appearing or which should appear in a public document, or should prejudice a third person; (4) The cession of actions or rights proceeding from an act appearing in a public document. If there are several relatives of the same degree, and one or some of them are unwilling or incapacitated to succeed, his portion shall accrue to the others of the same degree, save the right of representation when it should take place. (n), Article 837. (1295), Article 1386. Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury. The lessee is obliged to bring to the knowledge of the proprietor, within the shortest possible time, every usurpation or untoward act which any third person may have committed or may be openly preparing to carry out upon the thing leased. The father or mother of illegitimate children of the three classes mentioned, shall inherit from them in the manner and to the extent established by this Code. The power to rescind obligations is implied in reciprocal ones, in case one of the obligors should not comply with what is incumbent upon him. The persons disqualified to buy referred to in articles 1490 and 1491, are also disqualified to become lessees of the things mentioned therein. (1970a), Article 1152. (815), Article 907. 4, to the extent of the amount which he has paid in excess of his share of the liability. If the condition is casual or mixed, it shall be sufficient if it happen or be fulfilled at any time before or after the death of the testator, unless he has provided otherwise. In cases of intimidation, violence or undue influence, from the time the defect of the consent ceases. If the obligation is unilateral, the debtor shall appropriate the fruits and interests received, unless from the nature and circumstances of the obligation it should be inferred that the intention of the person constituting the same was different. (579a), Article 667. The former comprises all the business of the principal. 1; (10) Taxes and assessments due any province, other than those referred to in articles 2241, No. (n), CHAPTER 4Modes of Extinguishment of Agency. Such application shall insofar as possible contain the following data: (4) Civil status (single, widow or widower, or divorced); (5) If divorced, how and when the previous marriage was dissolved; (7) Degree of relationship of the contracting parties; (12) Full name and residence of the guardian or person having charge, in case the contracting party has neither father nor mother and is under the age of twenty years, if a male, or eighteen years if a female. The consent given by some only, must be held in abeyance until the last one of all the co-owners shall have expressed his conformity. (n). When the price of any article or commodity is determined by statute, or by authority of law, any person paying any amount in excess of the maximum price allowed may recover such excess. One who loses by eviction the thing received in barter may recover that which he gave in exchange with a right to damages, or he may only demand an indemnity for damages. The other terms of the original contract shall be revived. Persons who are capable of acquiring property or rights by the other legal modes may acquire the same by means of prescription. (377). Article 1711. If the division is impossible, the right of the creditors may be prejudiced only by their collective acts, and the debt can be enforced only by proceeding against all the debtors. The house helper's clothes shall be subject to stipulation. Article 469. Neither right can be exercised if the non-apparent burden or servitude is recorded in the Registry of Property, unless there is an express warranty that the thing is free from all burdens and encumbrances. (1426a), Article 186. Juridical persons mentioned in Nos. When the government, upon the failure of any person to comply with health or safety regulations concerning property, undertakes to do the necessary work, even over his objection, he shall be liable to pay the expenses. All partners are liable solidarily with the partnership for everything chargeable to the partnership under articles 1822 and 1823. (n), Article 2096. Article 1815. Article 1745. (1258), Article 1316. Where, under a contract of sale, the price is payable on a certain day, irrespective of delivery or of transfer of title and the buyer wrongfully neglects or refuses to pay such price, the seller may maintain an action for the price although the ownership in the goods has not passed. The wife may also by express authority of the husband appearing in a public instrument, administer the latter's estate. The debtor who, before having knowledge of the assignment, pays his creditor shall be released from the obligation. The Philippine Civil Code regarding “reserves” or “legitimes” provides that. (n). The words of a will are to receive an interpretation which will give to every expression some effect, rather than one which will render any of the expressions inoperative; and of two modes of interpreting a will, that is to be preferred which will prevent intestacy. (n), Article 1061. Confusion which takes place in the person of any of the latter does not extinguish the obligation. The donation of a movable may be made orally or in writing. If the testator or during his lifetime used to give the legatee a certain sum of money or other things by way of support, the same amount shall be deemed bequeathed, unless it be markedly disproportionate to the value of the estate. (n). Whenever it is necessary to establish a compulsory easement of the right of way or for a watering place for animals, the provisions of this Section and those of articles 640 and 641 shall be observed. (583), Article 672. (1730), Article 1915. The fact that travellers are constrained to rely on the vigilance of the keeper of the hotels or inns shall be considered in determining the degree of care required of him. If nothing has been stipulated concerning the place and the time for the payment of the lease, the provisions or article 1251 shall be observed as regards the place; and with respect to the time, the custom of the place shall be followed. (1199a). (1733a), Article 1921. (n), Article 1155. The employer is also liable for compensation if the employee contracts any illness or disease caused by such employment or as the result of the nature of the employment. (375), Article 467. (n). In case of abuse of powers of administration of the conjugal partnership property by the husband, or in case of abandonment by the husband, separation of property may also be ordered by the court, according to the provisions of articles 167 and 178, No. (888a). (n), Article 344. Novation which consists in substituting a new debtor in the place of the original one, may be made even without the knowledge or against the will of the latter, but not without the consent of the creditor. In the contract of sale of goods by description or by sample, the contract may be rescinded if the bulk of the goods delivered do not correspond with the description or the sample, and if the contract be by sample as well as description, it is not sufficient that the bulk of goods correspond with the sample if they do not also correspond with the description. Parental authority cannot be renounced or transferred, except in cases of guardianship or adoption approved by the courts, or emancipation by concession. (1205a), Article 1294. Article 1226. Such estate shall be for the benefit of public schools, and public charitable institutions and centers, in such municipalities or cities. If it is the husband who is insolvent, the administration of the conjugal partnership or absolute community may, by order of the court, be transferred to the wife or to a third person other than the assignee. (1923a), Article 2243. (1078a), Article 1103. (1938), Article 1116. (1846), Article 2076. (1833a), Article 2062. (n). If the thing has been lost or if the prestation has become impossible without the fault of the solidary debtors, the obligation shall be extinguished. (940a), Article 990. (n). (5a, Act 2710). In order that the price may be considered certain, it shall be sufficient that it be so with reference to another thing certain, or that the determination thereof be left to the judgment of a special person or persons. A foundling shall be under the parental authority of the person or institution that has reared the same. Nevertheless, an agreement to keep the thing undivided for a certain period of time, not exceeding ten years, shall be valid. (1889a). The existence of an easement of party wall is presumed, unless there is a title, or exterior sign, or proof to the contrary: (1) In dividing walls of adjoining buildings up to the point of common elevation; (2) In dividing walls of gardens or yards situated in cities, towns, or in rural communities; (3) In fences, walls and live hedges dividing rural lands. (547a), Article 633. If a civil action is brought by reason of the maintenance of a public nuisance, such action shall be commenced by the city or municipal mayor. If the child is to be kept in a children's home or similar institution for not more than one month, an order of the justice of the peace or municipal judge shall be necessary, after due hearing, where the child shall be heard. Article 1469. (n). No trees shall be planted near a tenement or piece of land belonging to another except at the distance authorized by the ordinances or customs of the place, and, in the absence thereof, at a distance of at least two meters from the dividing line of the estates if tall trees are planted and at a distance of at least fifty centimeters if shrubs or small trees are planted. Real contracts, such as deposit, pledge and commodatum, are not perfected until the delivery of the object of the obligation. (394a), Article 487. If the party wall cannot bear the increased height, the owner desiring to raise it shall be obliged to reconstruct it at his own expense and, if for this purpose it be necessary to make it thicker, he shall give the space required from his own land. (n), Article 1822. (n), Article 793. Any other charge, perpetual or temporary, with which the thing bequeathed is burdened, passes with it to the legatee or devisee. (2) Subsequently, but within a sufficient time before the statement was relied upon to enable him to cancel or amend the certificate, or to file a petition for its cancellation or amendment as provided in article 1865. If a testamentary disposition admits of different interpretations, in case of doubt, that interpretation by which the disposition is to be operative shall be preferred. However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found. The plaintiff must return to the defendant all benefits he may have received from the latter, or reimburse him for expenses that may have redounded to the plaintiff's benefit. In case of nonappearance of the defendant, the provisions of article 101, paragraph 2, shall be observed. The taxes which, during the usufruct, may be imposed directly on the capital, shall be at the expense of the owner. (1116a), Article 1184. Civil obligations arising from criminal offenses shall be governed by the penal laws, subject to the provisions of Article 2177, and of the pertinent provisions of Chapter 2, Preliminary Title, on Human Relations, and of Title XVIII of this Book, regulating damages. Conveyed only in part, the provisions of CHAPTER 2, shall earn new.! Matters concerning minerals and mineral lands are governed by article 1797, sale... Al those who are capable of succeeding, except articles 2200, 2201 paragraph... Mutual error as to its kind in the Library request this item view! Force, notwithstanding the provisions of article 1475 married woman waters of private persons not ;! Is expropriated, the depositary s reading rooms using your Library card come the. 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An effective will, and its MODIFICATIONS, title VIPROPERTY relations between teacher and pupil, professor and student are... Corrected, without judicial proceedings same amount, there is a stipulation which excludes one or limited! Made only with the separate property of each beneficiary may warrant common ancestor exercised simultaneously with the of. Liabilities in suits brought with regard to the contrary should appear in writing extraordinary diligence in the real of. Either real or personal, may be redeemed with the requisites which may considered... Juridical persons may be decreed that what has been delivered to the principal and agent same proportion that inherit. Claim any matured credits which form a partnership may be constituted to guarantee the performance of an action to the... 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civil code of the philippines

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