Usage Frequency: 1 Art. (n), Art. 923. Art. Personal rights pertaining to third persons against the co-ownership shall also remain in force, notwithstanding the partition. A negotiable document of title may be negotiated by delivery: (2) Where by the terms of the document the carrier, warehouseman or other bailee issuing the same undertakes to deliver the goods to the order of a specified person, and such person or a subsequent endorsee of the document has indorsed it in blank or to the bearer. (4a), Art. Art. (2) Encourage the cultivation of the duties of parents; (3) Protect and assist abandoned or mistreated children, and orphans; (4) Take steps to prevent juvenile delinquency; (5) Adopt measures for the health of children; (6) Promote the opening and maintenance of playgrounds; (7) Coordinate the activities of organizations devoted to the welfare of children, and secure their cooperation. The usufructuary shall take care of the things given in usufruct as a good father of a family. Quality: 1153. 587. From the common mass of property support shall be given to the surviving spouse and to the children during the liquidation of the inventoried property and until what belongs to them is delivered; but from this shall be deducted that amount received for support which exceeds the fruits or rents pertaining to them. 1042. (1577a), Art. Apprentices shall be treated humanely. (1805a), Art. 196. Art. (1318a), Art. (n). 1159. (1877), Art. If the animal should die within three days after its purchase, the vendor shall be liable if the disease which cause the death existed at the time of the contract. All other corporations or entities may succeed under a will, unless there is a provision to the contrary in their charter or the laws of their creation, and always subject to the same. Art. (1403a). 1564. Such civil action shall proceed independently of the criminal prosecution, and shall require only a preponderance of evidence. The provisions of the present Title are understood to be without prejudice to what in this Code or in special laws is established with respect to specific cases of prescription. Without prejudice to the provisions of Article 2212, interest due and unpaid shall not earn interest. Whenever the things united can be separated without injury, their respective owners may demand their separation. (756, 855, 674a), Art. Art. The vendor cannot avail himself of the right of repurchase without returning to the vendee the price of the sale, and in addition: (2) The necessary and useful expenses made on the thing sold. (451). A person may be a general partner and a limited partner in the same partnership at the same time, provided that this fact shall be stated in the certificate provided for in Article 1844. In all contractual, property or other relations, when one of the parties is at a disadvantage on account of his moral dependence, ignorance, indigence, mental weakness, tender age or other handicap, the courts must be vigilant for his protection. The pledgee is responsible for the acts of his agents or employees with respect to the thing pledged. Marriages between Filipino citizens abroad may be solemnized by consuls and vice-consuls of the Republic of the Philippines. 734. Those growing at the time the usufruct terminates, belong to the owner. Unless there is a stipulation to the contrary, the depositary cannot deposit the thing with a third person. (n). If in the making of the thing bad faith intervened, the owner of the material shall have the right to appropriate the work to himself without paying anything to the maker, or to demand of the latter that he indemnify him for the value of the material and the damages he may have suffered. 8. Donations made to conceived and unborn children may be accepted by those persons who would legally represent them if they were already born. The following rights, among others specified elsewhere in this Code, are not extinguished by prescription: (2) To bring an action to abate a public or private nuisance. 1398. Article 1. 864. The various stipulations of a contract shall be interpreted together, attributing to the doubtful ones that sense which may result from all of them taken jointly. 1212. 246. Art. 210. 1034. Capacity to succeed is governed by the law of the nation of the decedent. 563. 278. River beds which are abandoned through the natural change in the course of the waters ipso facto belong to the owners whose lands are occupied by the new course in proportion to the area lost. AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES PRELIMINARY TITLE CHAPTER 1 Effect and Application of Laws Article 1. 2109. If one of the contracting parties, having received the thing promised him in barter, should prove that it did not belong to the person who gave it, he cannot be compelled to deliver that which he offered in exchange, but he shall be entitled to damages. If property is acquired through mistake or fraud, the person obtaining it is, by force of law, considered a trustee of an implied trust for the benefit of the person from whom the property comes. Art. Art. 880. A child born within one hundred eighty days following the celebration of the marriage is prima facie presumed to be legitimate. 2086. Art. Art. Art. 253. Contextual translation of "civil code of the philippines" into Tagalog. A person may, by an act inter vivos or mortis causa, intrust the mere power to make the partition after his death to any person who is not one of the co-heirs. (459). Art. Art. Payment by a solidary debtor shall not entitle him to reimbursement from his co-debtors if such payment is made after the obligation has prescribed or become illegal. (554), Art. When the waiver takes place by reason of separation, or after the marriage has been dissolved or annulled, the same shall appear in a public instrument, and the creditors shall have the right which Article 1052 grants them. (n), Art. 1577. When the service has become so difficult as to be manifestly beyond the contemplation of the parties, the obligor may also be released therefrom, in whole or in part. (874a). (1101), Art. If the agent had general powers, revocation of the agency does not prejudice third persons who acted in good faith and without knowledge of the revocation. 197. (1880a), Art. When goods are delivered to the buyer on approval or on trial or on satisfaction, or other similar terms, the ownership therein passes to the buyer: (2) If he does not signify his approval or acceptance to the seller, but retains the goods without giving notice of rejection, then if a time has been fixed for the return of the goods, on the expiration of such time, and, if no time has been fixed, on the expiration of a reasonable time. 525. (1463a), Art. (670a), Art. Donations cannot comprehend future property. Art. 1823. In the sale of immovable property, even though it may have been stipulated that upon failure to pay the price at the time agreed upon the rescission of the contract shall of right take place, the vendee may pay, even after the expiration of the period, as long as no demand for rescission of the contract has been made upon him either judicially or by a notarial act. 168. Art. 2710), Art. Should he fail to do so, the sale shall be deemed to have been made for cash insofar as the principal is concerned. The owner of the land on which anything has been built, sown or planted in good faith, shall have the right to appropriate as his own the works, sowing or planting, after payment of the indemnity provided for in Articles 546 and 548, or to oblige the one who built or planted to pay the price of the land, and the one who sowed, the proper rent. (n), Art. (n), Art. But nothing in this Title contained shall be construed as limiting or defining the effect upon the obligations of the carrier, warehouseman, or other bailee issuing a document of title or placing thereon the words "not negotiable,"  "non-negotiable," or the like. 181. Usufruct cannot be constituted in favor of a town, corporation, or association for more than fifty years. 448. The lease of a piece of rural land, when its duration has not been fixed, is understood to have been for all the time necessary for the gathering of the fruits which the whole estate leased may yield in one year, or which it may yield once, although two or more years have to elapse for the purpose. Usage Frequency: 2 (1773). 1395. No particular form for the ceremony of marriage is required, but the parties with legal capacity to contract marriage must declare, in the presence of the person solemnizing the marriage and of two witnesses of legal age, that they take each other as husband and wife. Art. Even if the loss, destruction, or deterioration of the goods should be caused by the character of the goods, or the faulty nature of the packing or of the containers, the common carrier must exercise due diligence to forestall or lessen the loss. The expenses for the execution and registration of the sale shall be borne by the vendor, unless there is a stipulation to the contrary. 1740. Any waiver of an action for future fraud is void. 1320. It is not essential to the validity of a resale that notice of the time and place of such resale should be given by the seller to the original buyer. 1557. (1185), Art. (2) Act of the public enemy in war, whether international or civil; (3) Act of omission of the shipper or owner of the goods; (4) The character of the goods or defects in the packing or in the containers; (5) Order or act of competent public authority. (460a), Art. If the lease was made for a determinate time, it ceases upon the day fixed, without the need of a demand. 500. Art. (n), Art. A disposition made in general terms in favor of the testator's relatives shall be understood to be in favor of those nearest in degree. 1238. Ratification does not require the conformity of the contracting party who has no right to bring the action for annulment. (n), Art. (1744a and 1745), Art. 9 of this article, in the order named. (653). 1070. If illegitimate children survive with legitimate children, the shares of the former shall be in the proportions prescribed by Article 895. The provisions of Article 2052 are applicable to a pledge or mortgage. 2222. In case of a legal separation, if the surviving spouse gave cause for the separation, he or she shall not have any of the rights granted in the preceding articles. Art. Subsequent negotiations may be made in like manner. 1892. 1571. 1298. 1528. Art. Art. (n), Art. Art. 1169. The reduction of fare does not justify any limitation of the common carrier's liability. (654). Persons who are disqualified from administering their property have a right to claim damages from their legal representatives whose negligence has been the cause of prescription. 1462. Art. 1074. If, however, the bill of lading provides that the goods are deliverable to the buyer or to the order of the buyer, or is indorsed in blank, or to the buyer by the consignee named therein, one who purchases in good faith, for value, the bill of lading, or goods from the buyer will obtain the ownership in the goods, although the bill of exchange has not been honored, provided that such purchaser has received delivery of the bill of lading indorsed by the consignee named therein, or of the goods, without notice of the facts making the transfer wrongful. A contract of sale of animals shall also be void if the use or service for which they are acquired has been stated in the contract, and they are found to be unfit therefor. 277. 315. When either or both of the contracting parties are citizens or subjects of a foreign country, it shall be necessary, before a marriage license can be obtained, to provide themselves with a certificate of legal capacity to contract marriage, to be issued by their respective diplomatic or consular officials. 1154. These guardians may repudiate the same with judicial approval. 1195. (n). A short summary of this paper. (1a), Art. A partnership may be constituted in any form, except where immovable property or real rights are contributed thereto, in which case a public instrument shall be necessary. Civil fruits are deemed to accrue daily and belong to the possessor in good faith in that proportion. 4. The actual market value of the fruits at the time of the application thereof to the interest and principal shall be the measure of such application. 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. (4) That the value of the destruction does not exceed three thousand pesos. 411. (862a), Art. The debtor may recover what during the same time he has paid by mistake in case of a suspensive condition. Art. The debtors who may have been ready to fulfill their promises shall not contribute to the indemnity beyond the corresponding portion of the price of the thing or of the value of the service in which the obligation consists. The following donations shall be void: (2) Those made between persons found guilty of the same criminal offense, in consideration thereof; (3) Those made to a public officer or his wife, descedants and ascendants, by reason of his office. Should he repudiate it as an intestate heir, without knowledge of his being a testamentary heir, he may still accept it in the latter capacity. 152. After the public auction, the pledgee shall promptly advise the pledgor or owner of the result thereof. One who is obliged to furnish a guarantor shall present a person who possesses integrity, capacity to bind himself, and sufficient property to answer for the obligation which he guarantees. (Rule 3a), Art. A limited partner also may loan money to and transact other business with the partnership, and, unless he is also a general partner, receive on account of resulting claims against the partnership, with general creditors, a pro rata share of the assets. The person making the offer may fix the time, place, and manner of acceptance, all of which must be complied with. Art. When the widow or widower survives with legitimate parents or ascendants, the surviving spouse shall be entitled to one-half of the estate, and the legitimate parents or ascendants to the other half. 10 7 -- Article 1305, Civil Code of the Philippines. Art. Nevertheless, a guaranty may be constituted to guarantee the performance of a voidable or an unenforceable contract. 239. Quality: 1258. 1696. The usufructuary may set off the improvements he may have made on the property against any damage to the same. The usufruct which the spouses have over the property of their children, though of another marriage, shall be included in this provision. The former comprises all the business of the principal. Art. Whenever a part of the thing belongs exclusively to one of the co-owners, and the remainder is owned in common, the preceding provision shall apply only to the part owned in common. If the mishap was due to the employee's own notorious negligence, or voluntary act, or drunkenness, the employer shall not be liable for compensation. (1522a). Reference: Anonymous, Last Update: 2016-11-07 1741. Art. 697. In case of identity of names and surnames between ascendants and descendants, the word "Junior" can be used only by a son. Art. Art. The term includes growing fruits or crops. 2209. 1151. (181a), Art. Art. (n), Art. A married woman of age may repudiate an inheritance without the consent of her husband. Art. Art. The heir who is bound to deliver the legacy or devise shall be liable in case of eviction, if the thing is indeterminate and is indicated only by its kind. 7 to 10, the husband must be joined as a party defendant if the third paragraph of Article 163 is applicable. 65. 1461. One study, titled "The Global Divide on Homosexuality", ranked the Philippines as one of the most gay-friendly nations in Asia by the Pew Research Center. Art. 867. : All Rights Reserved ReDiaz www.chanrobles.com.ph. In the absence of a statement concerning the condition of the thing at the time the lease was constituted, the law presumes that the lessee received it in good condition, unless there is proof to the contrary. Art. The duties mentioned in the two preceding articles shall be complied with by the ship captain, airplane chief or commanding officer. (570a). When the seal or lock is broken, with or without the depositary's fault, he shall keep the secret of the deposit. Art. When a number of dispositions appearing in a holographic will are signed without being dated, and the last disposition has a signature and a date, such date validates the dispositions preceding it, whatever be the time of prior dispositions. A fideicommissary substitution can never burden the legitime. 1602. If the period for household service is fixed neither the head of the family nor the house helper may terminate the contract before the expiration of the term, except for a just cause. Implied trusts come into being by operation of law. Art. 430. 606. 157. Art. The goods which form the subject of a contract of sale may be either existing goods, owned or possessed by the seller, or goods to be manufactured, raised, or acquired by the seller after the perfection of the contract of sale, in this Title called "future goods. 303. The ownership of personal property also prescribes through uninterrupted possession for eight years, without need of any other condition. Where the goods are of perishable nature, or where the seller expressly reserves the right of resale in case the buyer should make default, or where the buyer has been in default in the payment of the price for an unreasonable time, an unpaid seller having a right of lien or having stopped the goods in transitu may resell the goods. (637). 696. 130. 2130. 2090. Art. Apparent easements are those which are made known and are continually kept in view by external signs that reveal the use and enjoyment of the same. 1905. 1281. (n), Art. Usurpation of a name and surname may be the subject of an action for damages and other relief. (n), Art. 630. 1466. 1044. 532. Should he do so, the same shall be considered as not imposed. (2) The Presiding Justice and the Justices of the Court of Appeals; (3) Judges of the Courts of First Instance; (5) Municipal judges and justices of the peace; (6) Priests, rabbis, ministers of the gospel of any denomination, church, religion or sect, duly registered, as provided in Article 92; and, (7) Ship captains, airplane chiefs, military commanders, and consuls and vice-consuls in special cases provided in Articles 74 and 75. Art. If there is no agreement to the contrary, in case of an imminent loss of the business of the partnership, any partner who refuses to contribute an additional share to the capital, except an industrial partner, to save the venture, shall he obliged to sell his interest to the other partners. But once the substitution has been made, the obligor is liable for the loss of the substitute on account of his delay, negligence or fraud. (n), Art. 1435. Every house helper shall be allowed four days' vacation each month, with pay. The owner of a parcel of land is the owner of its surface and of everything under it, and he can construct thereon any works or make any plantations and excavations which he may deem proper, without detriment to servitudes and subject to special laws and ordinances. 1381. The existing laws which punish acts or omissions concerning the marriage license, solemnization of marriage, authority to solemnize marriages, and other acts or omissions relative to the celebration of marriage shall remain and continue to be in force. Art. (2) To make on the same during the lease all the necessary repairs in order to keep it suitable for the use to which it has been devoted, unless there is a stipulation to the contrary; (3) To maintain the lessee in the peaceful and adequate enjoyment of the lease for the entire duration of the contract. Art. Heirs who repudiate their share may not be represented. 310. (1946a). In a contract of sale of personal property the price of which is payable in installments, the vendor may exercise any of the following remedies: (2) Cancel the sale, should the vendee's failure to pay cover two or more installments; (3) Foreclose the chattel mortgage on the thing sold, if one has been constituted, should the vendee's failure to pay cover two or more installments. (1908), Art. The creditors of the partnership shall be preferred to those of each partner as regards the partnership property. 1733. (n), Art. Art. If the heir repudiates the inheritance to the prejudice of his own creditors, the latter may petition the court to authorize them to accept it in the name of the heir. Art. (n), Art. (1551). (1209a), Art. Said official may also by regulations fix and collect fees for the authorization of priests and ministers to solemnize marriages. 461. Under the civil law tradition, the court merely applies the law. The agency shall remain in full force and effect even after the death of the principal, if it has been constituted in the common interest of the latter and of the agent, or in the interest of a third person who has accepted the stipulation in his favor. Art. 343. (922), Art. 1259. So far as third persons are concerned, an act is deemed to have been performed within the scope of the agent's authority, if such act is within the terms of the power of attorney, as written, even if the agent has in fact exceeded the limits of his authority according to an understanding between the principal and the agent. 832. (815), Art. 518. The individual property of a deceased partner shall be liable for all obligations of the partnership incurred while he was a partner, but subject to the prior payment of his separate debts. (1142a). (553a), Art. Ratification extinguishes the action to annul a voidable contract. After the legitime has been determined in accordance with the three preceding articles, the reduction shall be made as follows: (2) The reduction of the devises or legacies shall be pro rata, without any distinction whatever. 201. 609. Without prejudice to this right, the private creditors of each partner may ask the attachment and public sale of the share of the latter in the partnership assets. During the proceedings for legal separation, or for annulment of marriage, the spouses and children, shall be supported from the conjugal partnership property. 728. 1452. When there is solidarity or the thing does not admit of division, the provisions of Articles 1212 and 1214 shall govern. Where goods are shipped, and by the bill of lading the goods are deliverable to the seller or his agent, or to the order of the seller or of his agent, the seller thereby reserves the ownership in the goods. (n), Art. Persons who are prohibited from giving each other any donation or advantage cannot enter into universal partnership. 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. 1187. 699. Continuous nonapparent easements, and discontinuous ones, whether apparent or not, may be acquired only by virtue of a title. 2161. 137. 435. If only the widow or widower survives with parents of the illegitimate child, the legitime of the parents is one-fourth of the hereditary estate of the child, and that of the surviving spouse also one-fourth of the estate. (n), Art. Whenever a river, changing its course by natural causes, opens a new bed through a private estate, this bed shall become of public dominion. 1290. 2159. Quality: Art. 369. Art. A natural child acknowledged by both parents shall principally use the surname of the father. 2184. If the right of action is based upon the incapacity of any one of the contracting parties, the loss of the thing shall not be an obstacle to the success of the action, unless said loss took place through the fraud or fault of the plaintiff. (414a), Art. (481), Art. (n), Art. (473), Art. (1750a). 1310. Violence or intimidation shall annul the obligation, although it may have been employed by a third person who did not take part in the contract. 312. This Code shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code or other laws. 698. (1810a), Art. (n), Art. 927. (1667a). Art. Compulsory easements for drawing water or for watering animals can be imposed only for reasons of public use in favor of a town or village, after payment of the proper indemnity. (132a). (769a), Art. 1776. (n). 989. 2101. 1754. (n), Art. The statement of a false cause for the institution of an heir shall be considered as not written, unless it appears from the will that the testator would not have made such institution if he had known the falsity of such cause. Art. 2256. (1755a), Art. If he is convicted that there is an impediment to the marriage, it shall be his duty to withhold the marriage license, unless he is otherwise ordered by a competent court. This responsibility shall cease only in case the damage should come from force majeure or from the fault of the person who has suffered damage. By future property is understood anything which the donor cannot dispose of at the time of the donation. 1432. If the widowed mother who has contracted a subsequent marriage should again become a widow, she shall recover from this moment her parental authority over all her unemancipated children. (886a), Art. (n) Article 2. The Supreme Court shall formulate such additional Rules of Court as may be necessary for the allowance of wills on petition of the testator. (1951), Art. 457. (1093a), Art. If it is the dominant estate that is divided between two or more persons, each of them may use the easement in its entirety, without changing the place of its use, or making it more burdensome in any other way. (1598a), Art. The responsibility of two or more officious managers shall be solidary, unless the management was assumed to save the thing or business from imminent danger. 221. 1326. (1213), Art. Art. If it cannot be determined which of the parties first violated the contract, the same shall be deemed extinguished, and each shall bear his own damages. If the marriage is between a citizen of the Philippines and a foreigner, whether celebrated in the Philippines or abroad, the following rules shall prevail: (2) If the husband is a foreigner and the wife is a citizen of the Philippines, the laws of the husband's country shall be followed, without prejudice to the provisions of this Code with regard to immovable property. Donations the provisions of Articles 1249 and 1250 of this Code distinction lines... Latter is the only survivors be brothers and sisters may bring the action or money belongs! And receive the amount of the latter so request, the Rules of on! Applied in the second case, indemnity for damages mentioned in no material lost. Fix and collect fees for the execution or attachment of the heirs shall not free such carrier from.... Proceeds of the adverse claimant true owner must resort to judicial sales property. Owner may demand the exhaustion of the hereditary estates of their publication in the two preceding shall... 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