If by the will of only one owner, but in good faith, two things of the same or different kinds are mixed or confused, the rights of the owners shall be determined by the provisions of the preceding article. Industrial fruits are those produced by lands of any kind through cultivation or labor. (n), Article 806. (n), Article 410. If, while labor or expense of material amount is necessary on the part of the seller to enable him to fulfill his obligations under the contract of sale, the buyer repudiates the contract or notifies the seller to proceed no further therewith, the buyer shall be liable to the seller for labor performed or expenses made before receiving notice of the buyer’s repudiation or countermand. (n), Article 1340. Easements are inseparable from the estate to which they actively or passively belong. However, if the conjugal partnership property came mostly or entirely from the work or industry, or from the wages and salaries, or from the fruits of the separate property of the guilty spouse, this forfeiture shall not apply. Article 91. (n), Article 1264. (577), Article 665. 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. (1098), Article 1168. As to its object, a partnership is either universal or particular. Should the work be not of such quality, the employer may require that the contractor remove the defect or execute another work. For the validity of marriage settlements executed by any person upon whom a sentence of civil interdiction has been pronounced, the presence and participation of the guardian shall be indispensable, who for this purpose shall be designated by a competent court, in accordance with the provisions of the Rules of Court. All marriages performed outside the Philippines in accordance with the laws in force in the country where they were performed, and valid there as such, shall also be valid in this country, except bigamous, polygamous, or incestuous marriages as determined by Philippine law. Nevertheless, any owner may exempt himself from contributing to this charge by renouncing his part-ownership, except when the party wall supports a building belonging to him. 676. The fixing of the price can never be left to the discretion of one of the contracting parties. (28a). The cost of such education shall be a part of the house helper’s compensation, unless there is a stipulation to the contrary. (1458a). The capacity of a married woman to execute acts and contracts is governed by this Code, even if her marriage was celebrated under the former laws. A compromise comprises only those objects which are definitely stated therein, or which by necessary implication from its terms should be deemed to have been included in the same. (n), Article 288. Special contracts encompasses several classes of contracts as sales, agency, and partnership. 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. (1041), Article 1068. Article 678. (n), Article 1352. Every stipulation to the contrary shall be void. (1769a), Article 1982. (847a). Article 364. Article 912. (1571a), Article 1677. (1149), Article 1224. (1542), Article 1643. A guarantor may bind himself for less, but not for more than the principal debtor, both as regards the amount and the onerous nature of the conditions. Art. The courts may deprive the parents of their authority or suspend the exercise of the same if they should treat their children with excessive harshness or should give them corrupting orders, counsels, or examples, or should make them beg or abandon them. Mining claims and rights and other matters concerning minerals and mineral lands are governed by special laws. There is a sign contrary to the part-ownership whenever the earth or dirt removed to open the ditch or to clean it is only on one side thereof, in which case the ownership of the ditch shall belong exclusively to the owner of the land having this exterior sign in its favor. The acceptance may be made in the same deed of donation or in a separate public document, but it shall not take effect unless it is done during the lifetime of the donor. A fideicommissary substitution can never burden the legitime. In the absence of marriage settlements, or when the same are void, the system of relative community or conjugal partnership of gains as established in this Code, shall govern the property relations between husband and wife. (670a), Article 786. The borrower may recover in accordance with the laws on usury. 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. They shall all, as the case may be, make an inventory of the property. Should he have bound himself for more, his obligations shall be reduced to the limits of that of the debtor. (148a), Article 299. If through the order of public authority the goods are seized or destroyed, the common carrier is not responsible, provided said public authority had power to issue the order. In a sale of goods, there is an implied warranty or condition as to the quality or fitness of the goods, as follows: (1) Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are acquired, and it appears that the buyer relies on the seller’s skill or judgment (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be reasonably fit for such purpose; (2) Where the goods are brought by description from a seller who deals in goods of that description (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be of merchantable quality. (n), Article 1497. (1681a), Article 1787. Compensation for workmen and other employees in case of death, injury or illness is regulated by special laws. When two or more owners of adjoining lands wish to exercise the right of pre-emption or redemption, the owner whose intended use of the land in question appears best justified shall be preferred. The Philippine Civil Code is strongly influenced by the Spanish Código Civil, which was first enforced in 1889 within the Philippines when it was still a colony of the Spanish Empire. The legacy to the debtor of the thing pledged by him is understood to discharge only the right of pledge. If the property is sold for nonpayment of taxes due and not made known to the vendee before the sale, the vendor is liable for eviction. (n), Article 1229. (1869), Article 2104. The object of every contract must be determinate as to its kind. In Articles 1525 to 1535 the term “seller” includes an agent of the seller to whom the bill of lading has been indorsed, or a consignor or agent who has himself paid, or is directly responsible for the price, or any other person who is in the position of a seller. The husband is responsible for the support of the wife and the rest of the family. The bondsman who is to be offered in virtue of a provision of law or of a judicial order shall have the qualifications prescribed in Article 2056 and in special laws. The following are conjugal partnership property: (1) That which is acquired by onerous title during the marriage at the expense of the common fund, whether the acquisition be for the partnership, or for only one of the spouses; (2) That which is obtained by the industry, or work, or as salary of the spouses, or of either of them; (3) The fruits, rents or interests received or due during the marriage, coming from the common property or from the exclusive property of each spouse. Article 957. The same duty is incumbent upon the common carrier in case of an act of the public enemy referred to in Article 1734, No. Article 1808. 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. Article 1762. Donations which are to take effect upon the death of the donor partake of the nature of testamentary provisions, and shall be governed by the rules established in the Title on Succession. Any agreement to the contrary shall be void. (794a). best. Chapter Two of the Civil Code of the Philippines Friday, September 23, 2011. (n), Article 314. (n). No windows, apertures, balconies, or other similar projections which afford a direct view upon or towards an adjoining land or tenement can be made, without leaving a distance of two meters between the wall in which they are made and such contiguous property. The Civil Code of Spain B. The right of possession or ownership may be thus reserved notwithstanding the delivery of the goods to the buyer or to a carrier or other bailee for the purpose of transmission to the buyer. (179a), Article 347. It may also be constituted in favor of the person or persons upon whose life or lives the contract is entered into, or in favor of another or other persons. (n). (1529). If the duration of the household service is not determined either by stipulation or by the nature of the service, the head of the family or the house helper may give notice to put an end to the service relation, according to the following rules: (1) If the compensation is paid by the day, notice may be given on any day that the service shall end at the close of the following day; (2) If the compensation is paid by the week, notice may be given, at the latest on the first business day of the week, that the service shall be terminated at the end of the seventh day from the beginning of the week; (3) If the compensation is paid by the month, notice may be given, at the latest, on the fifth day of the month, that the service shall cease at the end of the month. (7a), Article 14. (n), Article 1806. In the preceding cases, the usufructuary, at the beginning of the usufruct, has no obligation to refund to the owner any expenses incurred; but the owner shall be obliged to reimburse at the termination of the usufruct, from the proceeds of the growing fruits, the ordinary expenses of cultivation, for seed, and other similar expenses incurred by the usufructuary. Even if it should fall on his own land, the owner shall be obliged to collect the water in such a way as not to cause damage to the adjacent land or tenement. Article 767. The agent who acts as such is not personally liable to the party with whom he contracts, unless he expressly binds himself or exceeds the limits of his authority without giving such party sufficient notice of his powers. (n), Article 2120. (n), Article 50. Article 1009. Article 972. If damage referred to in the two preceding articles should be the result of any defect in the construction mentioned in Article 1723, the third person suffering damages may proceed only against the engineer or architect or contractor in accordance with said article, within the period therein fixed. A possessor in good faith shall not be liable for the deterioration or loss of the thing possessed, except in cases in which it is proved that he has acted with fraudulent intent or negligence, after the judicial summons. (1937), Article 150. All persons who are authorized in this Code to obligate themselves, may enter into a contract of sale, saving the modifications contained in the following articles. If the owner of a building, supported by a party wall desires to demolish the building, he may also renounce his part-ownership of the wall, but the cost of all repairs and work necessary to prevent any damage which the demolition may cause to the party wall, on this occasion only, shall be borne by him. (n). There is intimidation when one of the contracting parties is compelled by a reasonable and well-grounded fear of an imminent and grave evil upon his person or property, or upon the person or property of his spouse, descendants or ascendants, to give his consent. The possession of movable property acquired in good faith is equivalent to a title. Indemnities that must be paid by either spouse on account of a crime or of a quasi-delict shall be paid from the common assets, without any obligation to make reimbursement. Article 1865. Each spouse shall own, dispose of, possess, administer and enjoy his or her own separate estate, without the consent of the other. 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. If the dominant estate belongs to several persons in common, the use of the easement by any one of them prevents prescription with respect to the others. He shall not thereafter be liable to the original buyer upon the contract of sale or for any profit made by such resale, but may recover from the buyer damages for any loss occasioned by the breach of the contract of sale. Ownership and other real rights over property are acquired and transmitted by law, by donation, by estate and intestate succession, and in consequence of certain contracts, by tradition. In the absence of the parents or of a guardian, the consent to the marriage settlements will be given by the family council. Article 936. Until then the responsibility of the debtor shall be governed by the following rules: (1) If one of the things is lost through a fortuitous event, he shall perform the obligation by delivering that which the creditor should choose from among the remainder, or that which remains if only one subsists; (2) If the loss of one of the things occurs through the fault of the debtor, the creditor may claim any of those subsisting, or the price of that which, through the fault of the former, has disappeared, with a right to damages; (3) If all the things are lost through the fault of the debtor, the choice by the creditor shall fall upon the price of any one of them, also with indemnity for damages. The legatee or devisee cannot accept a part of the legacy or devise and repudiate the other, if the latter be onerous. (378). Article 2191. (n), Article 808. (n). (c) Those owing to partners in respect of capital. If the usufructuary has leased the lands or tenements given in usufruct, and the usufruct should expire before the termination of the lease, he or his heirs and successors shall receive only the proportionate share of the rent that must be paid by the lessee. In case of insolvency of the person creating the family home, the claims specified in Article 243 may be satisfied notwithstanding the insolvency proceedings. (577), Art. Article 1481. The nonobservance of these distances does not give rise to prescription. (n), Article 2134. The spouse, descendants, ascendants, and brothers and sisters may bring the action mentioned in No. However, if in the meantime, he should have urgent need of the thing, he may demand its return or temporary use. (n), Article 1598. 642. A threat to enforce one’s claim through competent authority, if the claim is just or legal, does not vitiate consent. The donee is subrogated to all the rights and actions which in case of eviction would pertain to the donor. (n), Article 2013. Featured on the World Wide Web by The Law Firm of Chan Robles & Associates - Philippines. A solidary creditor cannot assign his rights without the consent of the others. Article 1453. The guarantor may appear so that he may, if he so desire, set up such defenses as are granted him by law. If the thing pledged is returned by the pledgee to the pledgor or owner, the pledge is extinguished. The debtor cannot exempt himself from the performance of the obligation by paying the penalty, save in the case where this right has been expressly reserved for him. (2) So far unknown and inactive in partnership affairs that the business reputation of the partnership could not be said to have been in any degree due to his connection with it. (1497a), Article 1579. The principles of the general law on the quieting of title are hereby adopted insofar as they are not in conflict with this Code. As to other baggage, the rules in Articles 1998 and 2000 to 2003 concerning the responsibility of hotel-keepers shall be applicable. Article 1205. (1287), Article 1377. (1515), Article 1614. The provisions of the two preceding articles shall apply to judicial sales. (746a). However, by 1940, the Commonwealth Government of President Manuel Quezon had created a Commission to create a new Civil Code. The principles of estoppel are hereby adopted insofar as they are not in conflict with the provisions of this Code, the Code of Commerce, the Rules of Court and special laws. (790a), Article 872. (n), Article 1149. A person to whom a negotiable document of title has been duly negotiated acquires thereby: (1) Such title to the goods as the person negotiating the document to him had or had ability to convey to a purchaser in good faith for value and also such title to the goods as the person to whose order the goods were to be delivered by the terms of the document had or had ability to convey to a purchaser in good faith for value; and, (2) The direct obligation of the bailee issuing the document to hold possession of the goods for him according to the terms of the document as fully as if such bailee had contracted directly with him. Legacies of money must be paid in cash, even though the heir or the estate may not have any. But if the thing bequeathed, though not belonging to the testator when he made the will, afterwards becomes his, by whatever title, the disposition shall take effect. A partnership of all present property is that in which the partners contribute all the property which actually belongs to them to a common fund, with the intention of dividing the same among themselves, as well as all the profits which they may acquire therewith. (143a), Article 292. A usufruct constituted in favor of several persons living at the time of its constitution shall not be extinguished until death of the last survivor. An action for legal separation cannot be filed except within one year from and after the date on which the plaintiff became cognizant of the cause and within five years from and after the date when such cause occurred. (1447a), Article 1470. The wife shall have the administration of the paraphernal property, unless she delivers the same to the husband by means of a public instrument empowering him to administer it. (1078a), Article 1103. Neither the right to receive legal support nor any money or property obtained as such support or any pension or gratuity from the government is subject to attachment or execution. If the testator leaves no legitimate descendants, but leaves legitimate ascendants, the surviving spouse shall have a right to one-fourth of the hereditary estate. (n), Article 2157. (n), Article 1889. In all matters not regulated by this Code, the rights and obligations of common carriers shall be governed by the Code of Commerce and by special laws. (n), Article 1329. (1168a). Article 1516. (496), Article 589. The ownership of property may also be donated to one person and the usufruct to another or others, provided all the donees are living at the time of the donation. (136a). Article 310. As regards the liability of the partners, a partnership may be general or limited. A stipulation between the common carrier and the shipper or owner limiting the liability of the former for the loss, destruction, or deterioration of the goods to a degree less than extraordinary diligence shall be valid, provided it be: (1) In writing, signed by the shipper or owner; (2) Supported by a valuable consideration other than the service rendered by the common carrier; and. Article 1052. (1265a). Article 20. (153a). 2, all the rights of a partner under the first paragraph, subject to liability for damages in the second paragraph, No. (n), Article 915. Article 2022. Any proprietor intending to make any excavation contemplated in the three preceding articles shall notify all owners of adjacent lands. Each one of the co-owners of an undivided immovable who may have sold his share separately, may independently exercise the right of repurchase as regards his own share, and the vendee cannot compel him to redeem the whole property. Any sum of money obtained through an encumbrance on the family home shall be used in the interest of the beneficiaries. The contract of lease may be of things, or of work and service. Property Relations Between Husband & Wife, Book 2: Property. Article 1049. (314), Article 398. (n). Two or more persons cannot make a will jointly, or in the same instrument, either for their reciprocal benefit or for the benefit of a third person. Article 237. (541a), Article 625. (636). Acts merely tolerated, and those executed clandestinely and without the knowledge of the possessor of a thing, or by violence, do not affect possession. (n), Article 2240. In collective bargaining, the labor union or members of the board or committee signing the contract shall be liable for non-fulfillment thereof. In order that an obligation may be extinguished by another which substitute the same, it is imperative that it be so declared in unequivocal terms, or that the old and the new obligations be on every point incompatible with each other. The right of representation takes place in the direct descending line, but never in the ascending. Article 1750. A compromise has upon the parties the effect and authority of res judicata; but there shall be no execution except in compliance with a judicial compromise. Unless there is an express stipulation to that effect, the creditor cannot be compelled partially to receive the prestations in which the obligation consists. The obligation to give support shall also cease: (2) When the resources of the obligor have been reduced to the point where he cannot give the support without neglecting his own needs and those of his family; (3) When the recipient may engage in a trade, profession, or industry, or has obtained work, or has improved his fortune in such a way that he no longer needs the allowance for his subsistence; (4) When the recipient, be he a forced heir or not, has committed some act which gives rise to disinheritance; (5) When the recipient is a descendant, brother or sister of the obligor and the need for support is caused by his or her bad conduct or by the lack of application to work, so long as this cause subsists. (1559a). Article 1755. Even when an act or event causing damage to another’s property was not due to the fault or negligence of the defendant, the latter shall be liable for indemnity if through the act or event he was benefited. This Article shall not, however, be held to render liable a sheriff, auctioneer, mortgagee, pledgee, or other person professing to sell by virtue of authority in fact or law, for the sale of a thing in which a third person has a legal or equitable interest. If he left a will, he is also called the testator. (1468a), Article 1538. (648a). The testator may not make a testamentary disposition in such manner that another person has to determine whether or not it is to be operative. In this case, the action must be commenced within four years from the finding of the document. Ratification may be effected by the guardian of the incapacitated person. Article 39. 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. In this case the proprietor shall pay the heirs of the contractor in proportion to the price agreed upon, the value of the part of the work done, and of the materials prepared, provided the latter yield him some benefit. The keepers of hotels or inns shall be responsible for them as depositaries, provided that notice was given to them, or to their employees, of the effects brought by the guests and that, on the part of the latter, they take the precautions which said hotel-keepers or their substitutes advised relative to the care and vigilance of their effects. Any person who wilfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage. Title VII: ADOPTION • A person of age and is possession of full civil capacity and legal rights may adopt. Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury. In this case, he shall have no further action against the purchaser to recover any unpaid balance of the price. The donation may also be revoked at the instance of the donor, by reason of ingratitude in the following cases: (1) If the donee should commit some offense against the person, the honor or the property of the donor, or of his wife or children under his parental authority; (2) If the donee imputes to the donor any criminal offense, or any act involving moral turpitude, even though he should prove it, unless the crime or the act has been committed against the donee himself, his wife or children under his authority; (3) If he unduly refuses him support when the donee is legally or morally bound to give support to the donor. Article 23. Should the usufruct be on sterile animals, it shall be considered, with respect to its effects, as though constituted on fungible things. (1736a), Article 1929. In case it should have been stipulated that none of the managing partners shall act without the consent of the others, the concurrence of all shall be necessary for the validity of the acts, and the absence or disability of any one of them cannot be alleged, unless there is imminent danger of grave or irreparable injury to the partnership. Articles of universal partnership, entered into without specification of its nature, only constitute a universal partnership of profits. Article 739. Should there be no majority, or should the resolution of the majority be seriously prejudicial to those interested in the property owned in common, the court, at the instance of an interested party, shall order such measures as it may deem proper, including the appointment of an administrator. Article 2137. Article 416. 209 July 6, 1987 FAMILY CODE OF THE PHILIPPINES TITLE VII: ADOPTION 53. (n). The power shall continue to be in full force until the notice is rescinded in the same manner in which it was given. This Code shall take effect one year after such publication. (1582). Article 1744. The agreements which, on the effect of the cession, are made between the debtor and his creditors shall be governed by special laws. Civil fruits are deemed to accrue daily and belong to the possessor in good faith in that proportion. (n). Possession may be exercised in one’s own name or in that of another. A universal partnership may refer to all the present property or to all the profits. (1430), Article 189. (791a). 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. Article 1756. (n), Article 871. When dissolution is caused in contravention of the partnership agreement the rights of the partners shall be as follows: (1) Each partner who has not caused dissolution wrongfully shall have: (a) All the rights specified in the first paragraph of this article, and. (1062), Article 1087. 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. (1570). If no agreement is still arrived at, the court will decide whatever may be proper and in the best interest of the family. Article 380. From the moment of the testator’s death, the thing bequeathed shall be at the risk of the legatee or devisee, who shall, therefore, bear its loss or deterioration, and shall be benefited by its increase or improvement, without prejudice to the responsibility of the executor or administrator. Ignorance of a thing or right in favor of a will from being upon. 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