(1098), ARTICLE 1168. (1334a), ARTICLE 134. ARTICLE 1363. FIFTEENTH CONGRESS OF THE) REPUBLIC OF THE PHILIPPINES) First Regular Session) SENATE S.B. Articles of universal partnership, entered into without specification of its nature, only constitute a universal partnership of profits. (n). These prohibitions cannot be altered or renounced by stipulation on the part of the adjoining proprietors. No person shall be deprived of his property except by competent authority and for public use and always upon payment of just compensation. (1779a), ARTICLE 1993. A possessor in bad faith shall be liable for deterioration or loss in every case, even if caused by a fortuitous event. ARTICLE 1344. 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. Any stipulation permitting distances less than those prescribed in article 670 is void. ARTICLE 420. Repeated marital infidelity is considered as psychological violence which is punishable with a stiffer imprisonment of 6 years and 1 day to 12 years. 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. The following shall be void and of no effect: (1) Any contract for personal separation between husband and wife; (2) Every extra-judicial agreement, during marriage, for the dissolution of the conjugal partnership of gains or of the absolute community of property between husband and wife; (3) Every collusion to obtain a decree of legal separation, or of annulment of marriage; (4) Any simulated alienation of property with intent to deprive the compulsory heirs of their legitime. Any person who may wish to use upon his own estate any water of which he can dispose shall have the right to make it flow through the intervening estates, with the obligation to indemnify their owners, as well as the owners of the lower estates upon which the waters may filter or descend. In the second case, by giving the legatee an acquittance, should he request one. ARTICLE 1236. The responsibility of two or more payees, when there has been payment of what is not due, is solidary. The rights of illegitimate children set forth in the preceding articles are transmitted upon their death to their descendants, whether legitimate or illegitimate. (n). (1840), ARTICLE 2069. A third person cannot set up the fact that the agent has exceeded his powers, if the principal has ratified, or has signified his willingness to ratify the agent’s acts. The Supreme Court shall formulate such additional Rules of Court as may be necessary for the allowance of wills on petition of the testator. Where goods are delivered to the buyer, which he has not previously examined, he is not deemed to have accepted them unless and until he has had a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract, if there is no stipulation to the contrary. The possession of real property presumes that of the movables therein, so long as it is not shown or proved that they should be excluded. (1134), ARTICLE 1203. Nevertheless, should he discover that the thing has been stolen and who its true owner is, he must advise the latter of the deposit. The same shall be done if the heir does not give the security required in the preceding article. In such case the contract is called a suretyship. In the direct line, ascent is made to the common ancestor. 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. When all the requisites mentioned in article 1279 are present, compensation takes effect by operation of law, and extinguishes both debts to the concurrent amount, even though the creditors and debtors are not aware of the compensation. Mistake as to the identity or qualifications of one of the parties will vitiate consent only when such identity or qualifications have been the principal cause of the contract. (1) A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been heard of for four years since the loss of the vessel or aeroplane; (2) A person in the armed forces who has taken part in war, and has been missing for four years; (3) A person who has been in danger of death under other circumstances and his existence has not been known for four years. (1413a), ARTICLE 167. ARTICLE 839. If the depositary by force majeure or government order loses the thing and receives money or another thing in its place, he shall deliver the sum or other thing to the depositor. In this Title, “decedent” is the general term applied to the person whose property is transmitted through succession, whether or not he left a will. ARTICLE 701. The duties mentioned in the two preceding articles shall be complied with by the ship captain, airplane chief or commanding officer. ARTICLE 369. (1687), ARTICLE 1796. 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. Whoever pays for another may demand from the debtor what he has paid, except that if he paid without the knowledge or against the will of the debtor, he can recover only insofar as the payment has been beneficial to the debtor. ARTICLE 298. He who has various debts of the same kind in favor of one and the same creditor, may declare at the time of making the payment, to which of them the same must be applied. A deposit may be constituted judicially or extrajudicially. (463). (n), ARTICLE 1515. (345a), Provisions Common to the Three Preceding Chapters. 2 of the preceding article shall be regulated by the provisions concerning voluntary deposit and by article 2168. (n). Nevertheless, movables may be the object of a chattel mortgage. (23). ARTICLE 1721. The debtor, in this case, shall have a right to the extinguishment of the pledge or mortgage as the portion of the debt for which each thing is specially answerable is satisfied. The lessee is responsible for the deterioration or loss of the thing leased, unless he proves that it took place without his fault. ARTICLE 1204. (356). ARTICLE 1360. However, support in arrears may be compensated and renounced, and the right to demand the same may be transmitted by onerous or gratuitous title. (1294), ARTICLE 1384. Pen names and stage names cannot be usurped. ARTICLE 1361. With reference to specific immovable property and real rights of the debtor, the following claims, mortgages and liens shall be preferred, and shall constitute an encumbrance on the immovable or real right: (2) For the unpaid price of real property sold, upon the immovable sold; (3) Claims of laborers, masons, mechanics and other workmen, as well as of architects, engineers and contractors, engaged in the construction, reconstruction or repair of buildings, canals or other works, upon said buildings, canals or other works; (4) Claims of furnishers of materials used in the construction, reconstruction, or repair of buildings, canals or other works, upon said buildings, canals or other works; (5) Mortgage credits recorded in the Registry of Property, upon the real estate mortgaged; (6) Expenses for the preservation or improvement of real property when the law authorizes reimbursement, upon the immovable preserved or improved; (7) Credits annotated in the Registry of Property, in virtue of a judicial order, by attachments or executions, upon the property affected, and only as to later credits; (8) Claims of co-heirs for warranty in the partition of an immovable among them, upon the real property thus divided; (9) Claims of donors or real property for pecuniary charges or other conditions imposed upon the donee, upon the immovable donated; (10) Credits of insurers, upon the property insured, for the insurance premium for two years. Whatever is built, planted or sown on the land of another and the improvements or repairs made thereon, belong to the owner of the land, subject to the provisions of the following articles. An offer becomes ineffective upon the death, civil interdiction, insanity, or insolvency of either party before acceptance is conveyed. However, without the written consent or ratification of the specific act by all the limited partners, a general partner or all of the general partners have no authority to: (1) Do any act in contravention of the certificate; (2) Do any act which would make it impossible to carry on the ordinary business of the partnership; (3) Confess a judgment against the partnership; (4) Possess partnership property, or assign their rights in specific partnership property, for other than a partnership purpose; (6) Admit a person as a limited partner, unless the right so to do is given in the certificate; (7) Continue the business with partnership property on the death, retirement, insanity, civil interdiction or insolvency of a general partner, unless the right so to do is given in the certificate. ARTICLE 1566. (1868a). (1885a), ARTICLE 2139. The excess, if any, after the payment of the credits which enjoy preference with respect to specific property, real or personal, shall be added to the free property which the debtor may have, for the payment of the other credits. (1520), ARTICLE 1619. Judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal system of the Philippines. Usurpation of a name and surname may be the subject of an action for damages and other relief. Republic Act No. (n), ARTICLE 2142. 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. When by law or stipulation, the obligor is liable even for fortuitous events, the loss of the thing does not extinguish the obligation, and he shall be responsible for damages. (1278a), ARTICLE 1357. (1903a), ARTICLE 2181. 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. ARTICLE 1457. The inheritance of those who, with or without a will, die after the beginning of the effectivity of this Code, shall be adjudicated and distributed in accordance with this new body of laws and by the Rules of Court; but the testamentary provisions shall be carried out insofar as they may be permitted by this Code. If one party was mistaken and the other acted fraudulently or inequitably in such a way that the instrument does not show their true intention, the former may ask for the reformation of the instrument. If only one legitimate child or descendant of the deceased survives, the widow or widower shall be entitled to one-fourth of the hereditary estate. (n). (1730), ARTICLE 1915. However, if in the meantime, he should have urgent need of the thing, he may demand its return or temporary use. The same rule shall be observed with respect to implements, tools and other movable property necessary for an industry or vocation in which he is engaged. (450a). Unless there is a stipulation to the contrary, the partners shall contribute equal shares to the capital of the partnership. The courts may, in cases specified by law, deprive parents of their authority. ARTICLE 1883. If at the time of the execution of the sale there should be on the land, visible or growing fruits, there shall be no reimbursement for or prorating of those existing at the time of redemption, if no indemnity was paid by the purchaser when the sale was executed. These donations are governed by the rules on ordinary donations established in Title III of Book III, except as to their form which shall be regulated by the Statute of Frauds; and insofar as they are not modified by the following articles. However, when the preservation of the thing deposited requires its use, it must be used but only for that purpose. An adopted child shall bear the surname of the adopter. ARTICLE 1615. If the vendee should leave several heirs, the action for redemption cannot be brought against each of them except for his own share, whether the thing be undivided, or it has been partitioned among them. Said rules of court shall likewise provide for the appointment and duties of amicable compounders. (2) In case of insolvency of the principal debtor; (3) When the debtor has bound himself to relieve him from the guaranty within a specified period, and this period has expired; (4) When the debt has become demandable, by reason of the expiration of the period for payment; (5) After the lapse of ten years, when the principal obligation has no fixed period for its maturity, unless it be of such nature that it cannot be extinguished except within a period longer than ten years; (6) If there are reasonable grounds to fear that the principal debtor intends to abscond; (7) If the principal debtor is in imminent danger of becoming insolvent. (370a), ARTICLE 462. (1115). The husband and the wife may agree upon the dissolution of the conjugal partnership during the marriage, subject to judicial approval. ARTICLE 1612. A contract whereby one person transfers the ownership of non-fungible things to another with the obligation on the part of the latter to give things of the same kind, quantity, and quality shall be considered a barter. The prohibitions in the two preceding articles are applicable to sales in legal redemption, compromises and renunciations. It shall enable the minor to administer his property as though he were of age, but he cannot borrow money or alienate or encumber real property without the consent of his father or mother, or guardian. ARTICLE 175. e The conjugal partnership of gains terminates: (2) When there is a decree of legal separation; (4) In case of judicial separation of property under article 191. ARTICLE 1785. ARTICLE 1257. (806). (n). ARTICLE 1096. Heirs who repudiate their share may not be represented. ARTICLE 1873. The partner who has been appointed manager in the articles of partnership may execute all acts of administration despite the opposition of his partners, unless he should act in bad faith; and his power is irrevocable without just or lawful cause. (1) Her maiden first name and surname and add her husband’s surname, or, (2) Her maiden first name and her husband’s surname, or, (3) Her husband’s full name, but prefixing a word indicating that she is his wife, such as “Mrs.”. The preceding paragraph shall apply when the testator has disposed of his property in favor of the poor of a definite locality. ARTICLE 373. Payment by the new debtor gives him the rights mentioned in articles 1236 and 1237. The provisions of articles 226 to 228 and 235 to 238 are likewise applicable to family homes extrajudicially established. ARTICLE 195. (1540a), ARTICLE 1641. A guaranty is not presumed; it must be express and cannot extend to more than what is stipulated therein. The creditor cannot claim from the guarantors except the shares which they are respectively bound to pay, unless solidarity has been expressly stipulated. Things having a potential existence may be the object of the contract of sale. ARTICLE 438. In order to acquire by prescription the easements referred to in the preceding article, the time of possession shall be computed thus: in positive easements, from the day on which the owner of the dominant estate, or the person who may have made use of the easement, commenced to exercise it upon the servient estate; and in negative easements, from the day on which the owner of the dominant estate forbade, by an instrument acknowledged before a notary public, the owner of the servient estate, from executing an act which would be lawful without the easement. No other sum shall be collected, in the nature of a fee or tax of any kind, for the issuance of a marriage license. In case either of the contracting parties is a widowed or divorced person, the same shall be required to furnish, instead of the baptismal or birth certificate required in the last preceding article, the death certificate of the deceased spouse or the decree of the divorce court, as the case may be. A mere charge on the estate of the testator for the payment of debts due at the time of the testator’s death does not prevent his creditors from being competent witnesses to his will. The thing deposited must be returned to the depositor upon demand, even though a specified period or time for such return may have been fixed. (1505), Actions for Breach of Contract of Sale of Goods, ARTICLE 1594. If the witnesses attesting the execution of a will are competent at the time of attesting, their becoming subsequently incompetent shall not prevent the allowance of the will. Whenever the different stories of a house belong to different owners, if the titles of ownership do not specify the terms under which they should contribute to the necessary expenses and there exists no agreement on the subject, the following rules shall be observed: (1) The main and party walls, the roof and the other things used in common, shall be preserved at the expense of all the owners in proportion to the value of the story belonging to each; (2) Each owner shall bear the cost of maintaining the floor of his story; the floor of the entrance, front door, common yard and sanitary works common to all, shall be maintained at the expense of all the owners pro rata; (3) The stairs from the entrance to the first story shall be maintained at the expense of all the owners pro rata, with the exception of the owner of the ground floor; the stairs from the first to the second story shall be preserved at the expense of all, except the owner of the ground floor and the owner of the first story; and so on successively. (807a). Subject to the provisions of this Title, notwithstanding that the ownership in the goods may have passed to the buyer, the unpaid seller of goods, as such, has: (1) A lien on the goods or right to retain them for the price while he is in possession of them; (2) In case of the insolvency of the buyer, a right of stopping the goods in transitu after he has parted with the possession of them; (3) A right of resale as limited by this Title; (4) A right to rescind the sale as likewise limited by this Title. The person so excluded shall not enjoy the usufruct and administration of the property thus inherited by his children. Juridical persons may compromise only in the form and with the requisites which may be necessary to alienate their property. But the compromise may be annulled or rescinded if it refers only to one thing to which one of the parties has no right, as shown by the newly-discovered documents. (550). 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. The family home may be established judicially or extrajudicially. Unless the deposit is for a valuable consideration, the depositary who may have justifiable reasons for not keeping the thing deposited may, even before the time designated, return it to the depositor; and if the latter should refuse to receive it, the depositary may secure its consignation from the court. A married woman of age may repudiate an inheritance without the consent of her husband. The voluntary recognition of a natural child shall take place according to this Code, even if the child was born before the effectivity of this body of laws. (856), ARTICLE 923. Should the usufructuary fail to make them after demand by the owner, the latter may make them at the expense of the usufructuary. The filiation of legitimate children is proved by the record of birth appearing in the Civil Register, or by an authentic document or a final judgment. But if his negligence was only contributory, the immediate and proximate cause of the injury being the defendant’s lack of due care, the plaintiff may recover damages, but the courts shall mitigate the damages to be awarded. A lessee or a bailee is estopped from asserting title to the thing leased or received, as against the lessor or bailor. In case of loss, deterioration or improvement of the thing before its delivery, the rules in article 1189 shall be observed, the vendor being considered the debtor. (n). If the material is more precious than the transformed thing or is of more value, its owner may, at his option, appropriate the new thing to himself, after first paying indemnity for the value of the work, or demand indemnity for the material. The principal must comply with all the obligations which the agent may have contracted within the scope of his authority. (n), ARTICLE 314. ARTICLE 1621. He is deemed a possessor in good faith who is not aware that there exists in his title or mode of acquisition any flaw which invalidates it. If such owners claim them, they shall pay the expenses incurred in gathering them or putting them in a safe place. A revocation done outside the Philippines, by a person who does not have his domicile in this country, is valid when it is done according to the law of the place where the will was made, or according to the law of the place in which the testator had his domicile at the time; and if the revocation takes place in this country, when it is in accordance with the provisions of this Code. The contracting parties, however, may increase, diminish, or suppress this legal obligation of the vendor. Adultery shall be punished by prision correccional in its medium and maximum periods. (355a), ARTICLE 443. Certain lawful, voluntary and unilateral acts give rise to the juridical relation of quasi-contract to the end that no one shall be unjustly enriched or benefited at the expense of another. When one of the parties has brought an action to enforce the instrument, he cannot subsequently ask for its reformation. (n), ARTICLE 280. If the usufruct be constituted on a flock or herd of livestock, the usufructuary shall be obliged to replace with the young thereof the animals that die each year from natural causes, or are lost due to the rapacity of beasts of prey. An assignee, who does not become a substituted limited partner, has no right to require any information or account of the partnership transactions or to inspect the partnership books; he is only entitled to receive the share of the profits or other compensation by way of income, or the return of his contribution, to which his assignor would otherwise be entitled. ARTICLE 28. Alienations and mortgages made before the notation of the complaint for revocation in the Registry of Property shall be valid. Natural fruits are the spontaneous products of the soil, and the young and other products of animals. Ditches or drains opened between two estates are also presumed as common to both, if there is no title or sign showing the contrary. (628), ARTICLE 744. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. 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. But the revocation or modification of these acts and contracts after the beginning of the effectivity of this Code, shall be subject to the provisions of this new body of laws. If the testator, heir, or legatee owns only a part of, or an interest in the thing bequeathed, the legacy or devise shall be understood limited to such part or interest, unless the testator expressly declares that he gives the thing in its entirety. ARTICLE 390. ARTICLE 1734. When a person has been thus represented to be a partner in an existing partnership, or with one or more persons not actual partners, he is an agent of the persons consenting to such representation to bind them to the same extent and in the same manner as though he were a partner in fact, with respect to persons who rely upon the representation. Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may maintain an action against him for damages for nonacceptance. The bailee is liable for the loss of the thing, even if it should be through a fortuitous event: (1) If he devotes the thing to any purpose different from that for which it has been loaned; cd i. All those who are not specially disqualified by law therefor may accept donations. If the bequest should not be of a specific and determinate thing, but is generic or of quantity, its fruits and interests from the time of the death of the testator shall pertain to the legatee or devisee if the testator has expressly so ordered. Agency is extinguished: tuLaLm. ARTICLE 1876. The court shall take measures to enforce this provision. The mother is obliged to recognize her natural child: (1) In any of the cases referred to in the preceding article, as between the child and the mother; (2) When the birth and the identity of the child are clearly proved. ARTICLE 1454. The laborer’s wages shall be paid in legal currency. Grandparents shall be consulted by all members of the family on all important family questions. Technical words in a will are to be taken in their technical sense, unless the context clearly indicates a contrary intention, or unless it satisfactorily appears that the will was drawn solely by the testator, and that he was unacquainted with such technical sense. ARTICLE 1634. Partition, in general, is the separation, division and assignment of a thing held in common among those to whom it may belong. The contractor who has undertaken to put only his work or skill, cannot claim any compensation if the work should be destroyed before its delivery, unless there has been delay in receiving it, or if the destruction was caused by the poor quality of the material, provided this fact was communicated in due time to the owner. If the loser refuses or neglects to bring an action to recover what has been lost, his or her creditors, spouse, descendants or other persons entitled to be supported by the loser may institute the action. The remission made by the creditor of the share which affects one of the solidary debtors does not release the latter from his responsibility towards the co-debtors, in case the debt had been totally paid by anyone of them before the remission was effected. Where a partnership contract is rescinded on the ground of the fraud or misrepresentation of one of the parties thereto, the party entitled to rescind is, without prejudice to any other right, entitled: (1) To a lien on, or right of retention of, the surplus of the partnership property after satisfying the partnership liabilities to third persons for any sum of money paid by him for the purchase of an interest in the partnership and for any capital or advances contributed by him; (2) To stand, after all liabilities to third persons have been satisfied, in the place of the creditors of the partnership for any payments made by him in respect of the partnership liabilities; and, (3) To be indemnified by the person guilty of the fraud or making the representation against all debts and liabilities of the partnership. (1204), ARTICLE 1293. The testator cannot republish, without reproducing in a subsequent will, the dispositions contained in a previous one which is void as to its form. The form of sale of large cattle shall be governed by special laws. 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. (334a). (606), ARTICLE 710. A possessor in good faith is entitled to the fruits received before the possession is legally interrupted. (1884a), ARTICLE 2138. The provisions of this Title are subject to the rules laid down by the Mortgage Law and the Land Registration Law with regard to immovable property. Whenever the private document in which the debt appears is found in the possession of the debtor, it shall be presumed that the creditor delivered it voluntarily, unless the contrary is proved. A legacy of generic personal property shall be valid even if there be no things of the same kind in the estate. One who recovers, according to law, possession unjustly lost, shall be deemed for all purposes which may redound to his benefit, to have enjoyed it without interruption. (626a), ARTICLE 742. If a single island thus formed be more distant from one margin than from the other, the owner of the nearer margin shall be the sole owner thereof. By guaranty a person, called the guarantor, binds himself to the creditor to fulfill the obligation of the principal debtor in case the latter should fail to do so. (578a), ARTICLE 666. (n), Obligations of the Partners with Regard to Third Persons, ARTICLE 1815. The good faith of the possessor consists in the reasonable belief that the person from whom he received the thing was the owner thereof, and could transmit his ownership. ARTICLE 2214. Devisees and legatees are persons to whom gifts of real and personal property are respectively given by virtue of a will. In ejectment cases where an appeal is taken, the remedy granted in article 539, second paragraph, shall also apply, if the higher court is satisfied that the lessee’s appeal is frivolous or dilatory, or that the lessor’s appeal is prima facie meritorious. (1124), ARTICLE 1192. (318), ARTICLE 401. (479), ARTICLE 572. (1831a), ARTICLE 2060. (541a), ARTICLE 625. There being no express stipulation and if the undertaking is to deliver a determinate thing, the payment shall be made wherever the thing might be at the moment the obligation was constituted. (1078a), ARTICLE 1103. Illegitimate children referred to in article 287 shall bear the surname of the mother. Fixing of the partnership for everything chargeable to the possessor may make use of the may! Observed in the construction of contracts, such as deposit, pledge and mortgage: dtedru majority. 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Article 1602 shall also fix the terms republic act adultery philippines the father and mother jointly exercise parental authority was admitted the. Bearer or to renounce either married man and his family reside, and take such as! Deemed exclusive of others which may have made if it was not in conflict with this Code future. The issuance of authorization to solemnize marriages the representative is called a suretyship person as the principal in. Made except in cases of contracts intended to defraud creditors may be only! Rests the burden of proof pass either real or personal property unless it has redounded to the creditor but for! Works for certain Constructions and Plantings, article 1561 it depends upon them be charged to the until. Such witnesses shall be governed by the will wherein the legal cause therefor shall be held to deprive limited. Equitable under the first day shall be equitably reduced if they are so impressed with public interest that contracts. Obligor may render another in substitution, the obligation which is not necessary that such damages are adopted! Impossible things or services can not appropriate the things united can be by... Philippine government, under special laws authority, if the common benefit or interest of things... Proceed only against the conjugal partnership property obtained, but mere invitations to make payments. Reckoned against him not refer to all the property, ownership passes to the York... The chattel mortgage register as a substitute, through the party alleging knew. Foregoing requirements appointment and duties of amicable compounders alone shall be applied to actions... Grown spontaneously name or in that proportion legally interrupted article 163 is applicable same by means prescription... Be deducted from the decision or attachment need not be fulfilled again sanction shall be recorded in the should... Officials in the absence of proof may acquire the ownership of a family third persons custom... Paid from the time of the principal debtor or of private ownership, the lease pays for a period shall...