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Effect and Application of Laws (Civil Code)
Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided.1 This Code shall take effect one year after such publication.2 Ignorance of the law excuses no one from compliance therewith.3 Laws shall have no retroactive effect, unless the contrary is provided.4 Acts which are contrary to mandatory or prohibitory laws are void, except when the law itself authorizes its validity.5 Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs, or prejudicial to a third person with a right recognized by law.6 Laws are repealed only by subsequent ones, either expressly or impliedly. Their violation or non-observance shall not be excused by disuse, custom or practice to the contrary. When the courts declared a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern.
This refers to the 15-day period and not to the requirement of publication. ( Tanada vs. Tuvera, G.R.No. L-63915, Dec. 29, 1986). Administrative rules and regulations must also be published if their purpose is to enforce or implement existing laws pursuant to a valid delegation. The publication must be in full or it is no publication at all since its purpose is to inform the public of the contents of the law. (Phil. Int’l Trading Corp. vs .Angeles) 2 Art. 2 3 Art. 3 Considered a conclusive presumption and applies only to mandatory and prohibitory laws. ( Consunji vs. CA) Philippine laws are covered. There is no conclusive presumption of knowledge of foreign laws. Even our courts cannot take judicial notice of them. Ignorance of a foreign law will not be a mistake of law but a mistake of fact. Ignorance may either be of law or of fact. Ignorance of fact ( ignorantia facti) may excuse a party from the legal consequences of his conduct; but not ignorance of law, for ignorantia juris neminem excusat. In specific instances provided by law, mistake as to difficult legal questions has been given the same effect as a mistake of fact, e.g., Art. 526, par. 3 which provides: "Mistake upon a doubtful or difficult question of law may be the basis of good faith." 4 Art. 4 5 Art. 5 6 Art. 6
Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution.7 Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines.8 No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of laws.9 In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail.10 Customs which are contrary to law, public order or public policy shall not be countenanced.11 A custom must be proved as a fact, according to the rules of evidence.12 When the laws speak of years, months, days or nights, it shall be understood that years are of three hundred sixty-five days each; months, of thirty days; days, of twenty-four hours; and nights from sunset to sunrise. If months are designated by their name, they shall be computed by the number of days which they respectively have.
Art. 7 Art. 8 Only Supreme Court decisions establish jurisprudence; decisions of other judicial or quasi-judicial bodies are merely persuasive. This principle, however, does not mean blind adherence. The duty of the Court is to abandon any doctrine found to be in violation of the law in force. 9 Art. 9 This article does not apply to criminal prosecutions, bec. when there is no law punishing an act, the case must be dismissed, however, reprehensible the act may seem to the judge (Tolentino). If the law is vague or obscure, the court should clarify it in the light of the rules of statutory construction; it is silent or insufficient, the court should fill the deficiency by resorting to customs or general principles of law. 10 Art. 10 11 Art. 11 12 Art. 12 Custom is defined as "a rule of conduct formed by repetition of acts, uniformly observed (practiced) as a social rule, legally binding and obligatory." The law requires that "a custom must be proved as a fact, according to the rules of evidence." On this score the Court had occasion to state that "a local custom as a source of right cannot be considered by a court of justice unless such custom is properly established by competent evidence like any other fact." The same evidence, if not one of a higher degree, should be required of a foreign custom
In computing a period, the first day shall be excluded, and the last day included13 Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in Philippine territory, subject to the principles of public international law and to treaty stipulations.14 Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.15 Real property as well as personal property is subject to the law of the country where it is situated.16 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.17
Art. 13 Superseded by Sec. 31, Book I of EO 292 (Administrative Code of 1987) w/c provides that Sec. 31. Legal Periods.-- "Year" shall be understood to be twelve (12) calendar months; "months" of thirty (30) days, unless it refers to a specific calendar month in which case it shall be computed according to the number of days the specific month contains; "day," to a day of twenty four (24) hours; and "nights," from sunset to sunrise. This article applies only to legal provisions and not to contracts, where the parties may stipulate on the manner of computing years, months and days (Baviera). 14 Art. 14 15 Art. 15 Theories on Personal Law.-Domiciliary theory, followed in the US, according to w/c the personal laws of a person are determined by his domicile. Nationality theory w/c makes nationality or citizenship as the basis for determining the personal laws of an individual. (Tolentino) The question of how a citizen may strip himself of the status as such citizen is governed by his national law. 16 st Art. 16, 1 par. The lex situs or lex rei sitae governs real or personal property. 17 nd id., 2 par. Can be invoked only when the deceased was vested w/ a descendible interest in prop. w/in the jurisdiction of the Phils. The intrinsic validity of the provisions of the will of a foreigner who dies in the Phils. is to be determined by the laws of his own state or country, and not by those of the Phils. Thus, a condition in a will of a foreigner that his legatee respect his order that his prop. be distributed according to the laws of the Phils. instead of the laws of his own country, was held illegal and considered as not written. The law governing succession may be considered from the point of view of (a) the execution of wills, and (b) the distribution of property. The formalities of execution of will are generally governed by the
The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed.18 When the acts referred to are executed before the diplomatic or consular officials of the Republic of the Philippines in a foreign country, the solemnities established by Philippine laws shall be observed in their execution.19 Prohibitive laws concerning persons, their acts or property, and those which have for their object public order, public policy and good customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign country.20 In matters which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the provisions of the Civil Code.21 II. Human Relations
Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.22 Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same.23 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.24 Every person who through an act of performance by another, or any other means, acquires or comes into possession of something at the expense of the latter without just or legal ground, shall return the same to him.25
law of the place of execution (Art. 17, par. 1.) But the distribution of the estate is governed by the law of the nation of the deceased. 18 st Art. 17, 1 par., known as the lex loci celebrationis 19 nd id, 2 par. 20 rd Id., 3 par. 21 Art. 18 22 Art. 19 Principle of abuse of rights 23 Art. 20 24 Art. 21 25 Art. 22
PERSONS I. Persons and Personality26 Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost only through death. Capacity to act, which is the power to do acts with legal effect, is acquired and may be lost.27 Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts or from property relations, such as easements.28 The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency and trusteeship. Capacity to act is not limited on account of religious belief or political opinion. A married woman, eighteen (18) years of age or over, is qualified for all acts of civil life, except in cases specified by law.29 Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in the following article.30
Civil Code Art. 37 Capacity may be (1) juridical capacity, and (2) capacity to act. The union of these 2 forms the full civil capacity. Juridical capacity is synonymous to legal capacity and to personality. They all refer to the aptitude for the holding and enjoyment of rights. On the other hand, capacity to act refers to the aptitude for the exercise of rights, and is often referred to merely as "capacity." 28 Art. 38 29 Art. 39 30 Art. 40 Personality from Birth - Birth means the removal of the foetus from the mother's womb. Conceived Child - The personality of the conceived child has 2 characteristics: (1) it is essentially limited, bec. it is only for purposes favorable to the child, and (2) it is provisional or conditional, bec. it depends upon the child being born alive later, such that if it is not born alive, its personality disappears as if it had never existed. For civil personality to be acquired, one must be born - A foetus is born after it is completely separated from the mother's womb w/c is produced by the cutting of the umbilical cord; after the separation, the child now survives by itself.
2 37 except Marriages Exempted from License Requirement.only for purposes favorable to the child. Marriage33 Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life.34 No marriage shall be valid. 3 6 . 42 Physical death and legal death are the same. 36 Art. par. if the foetus had an intrauterine life of less than seven months. the marriage may be annulled if the consent of either party was obtained by fraud. It is the foundation of the family and an inviolable social institution whose nature.-The retroactivity rule is qualified-. 3).32 II. 45. 1 35 The consent is real and not vitiated or rendered defective by any of the vices of consent. par. 4). (Art. 32 Art.36 The formal requisites of marriage are: (1) Authority of the solemnizing officer. 41 Once birth occurs. or if the consent of either party was obtained by force.37 (3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age.38 31 Art. Hence. infra 38 Art. (Balane) 33 Family Code 34 Art. intimidation or undue influence (Art.For civil purposes. except that marriage settlements may fix the property relations during the marriage. consequences. and (2) Consent freely given35 in the presence of the solemnizing officer. and incidents are governed by law and not subject to stipulation. However. it is not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb.31 Civil personality is extinguished by death. 45. The effect of death upon the rights and obligations of the deceased is determined by law. personality for favorable purposes retroacts from the moment of conception. (2) A valid marriage license. the foetus is considered born if it is alive at the time it is completely delivered from the mother's womb. by contract and by will. unless these essential requisites are present: (1) Legal capacity of the contracting parties who must be a male and a female.
(3) Any ship captain or airplane chief only in the case mentioned in Article 31. in the absence of the latter. 5 43 Art. 6 44 Art. 43 Marriage may be solemnized by:44 (1) Any incumbent member of the judiciary within the court's jurisdiction.40 Any male or female of the age of eighteen years or upwards not under any of the impediments mentioned in Articles 37 and 38.41 may contract marriage. it shall be sufficient for one of the witnesses to the marriage to write the name of said party. except as stated in Article 35 (2). 4 41 infra 42 Art. or minister of any church or religious sect duly authorized by his church or religious sect and registered with the civil registrar general.42 No prescribed form or religious rite for the solemnization of the marriage is required. during a military operation. rabbi. 7 45 infra 46 Id. criminally and administratively liable. acting within the limits of the written authority granted by his church or religious sect and provided that at least one of the contracting parties belongs to the solemnizing officer's church or religious sect. This declaration shall be contained in the marriage certificate which shall be signed by the contracting parties and their witnesses and attested by the solemnizing officer. which fact shall be attested by the solemnizing officer. In case of a marriage in articulo mortis. (2) Any priest. when the party at the point of death is unable to sign the marriage certificate. 7 . likewise only in the cases mentioned in Article 32. however.39 A defect in any of the essential requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly. imam. for the contracting parties to appear personally before the solemnizing officer and declare in the presence of not less than two witnesses of legal age that they take each other as husband and wife.The absence of any of the essential or formal requisites shall render the marriage void ab initio.45 (4) Any military commander of a unit to which a chaplain is assigned. It shall be necessary.46 39 40 infra Art.
or where both of the parties request the solemnizing officer in writing in which case the marriage may be solemnized at a house or place designated by them in a sworn statement to that effect. their parents or guardians shall not be required to exhibit their residence certificates in any formality in connection with the securing of the marriage license (Art. (2) Place of birth. 7. (8) Full name.47 The marriage shall be solemnized publicly in the chambers of the judge or in open court. in case the contracting party has neither father nor mother and is under the age of twenty-one years. See reference 49 Art. The issuance of the marriage license and the duties of the local civil registrar and of the solemnizing officer with regard to the celebration of marriage shall be performed by said consular official. or in the office the consul-general. for Art. (9) Full name.49 A marriage license shall be issued by the local civil registrar of the city or municipality where either contracting party habitually resides. and (10) Full name. each of the contracting parties shall file separately a sworn application for such license with the proper local civil registrar. in the church. supra 50 Art.50 The license shall be valid in any part of the Philippines for a period of one hundred twenty (120) days from the date of issue. 8. 9. (7) Degree of relationship of the contracting parties. id. (5) If previously married. consul or vice-consul of the Republic of the Philippines. The applicants.51 Marriages between Filipino citizens abroad may be solemnized by a consul-general. residence and citizenship of the father. and shall be deemed automatically cancelled at the expiration of the said period if the contracting parties have not made use of it. residence and citizenship of the mother. which shall specify the following: (1) Full name of the contracting party.(5) Any consul-general. chapel or temple. consul or viceconsul. Where a marriage license is required.52 47 48 Id. how. except in marriages where no license is required. consul or vice-consul in the case provided in Article 10. residence and citizenship of the guardian or person having charge. (3) Age and date of birth. 11) 51 Art. and not elsewhere. except in cases of marriages contracted on the point of death or in remote places in accordance with Article 2948 of this Code. (4) Civil status. when and where the previous marriage was dissolved or annulled. 20 52 Art. The expiry date shall be stamped in bold characters on the face of every license issued. 10 8 . (6) Present residence and citizenship.
55 A military commander of a unit. whether members of the armed forces or civilians.56 No license shall be necessary for the marriage of a man and a woman who have lived together as husband and wife for at least five years and without any legal impediment to marry each other. The solemnizing officer shall also state under oath that he ascertained the qualifications of the contracting parties are found no legal impediment to the marriage57 The marriage certificate. in which the parties shall declare that they take each other as husband and wife. (4) That the proper marriage license has been issued according to law.53 In case either or both of the contracting parties are at the point of death. 31 56 Art. 27 55 Art. shall likewise have authority to solemnize marriages in articulo mortis between persons within the zone of military operation. (2) Their citizenship. the marriage may be solemnized without necessity of a marriage license and shall remain valid even if the ailing party subsequently survives. 32 57 Art. submit an affidavit stating the circumstances showing such capacity to contract marriage. (3) The date and precise time of the celebration of the marriage. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths. it shall be necessary for them before a marriage license can be obtained.58 53 54 Art. in lieu of the certificate of legal capacity herein required. but also during stopovers at ports of call. religion and habitual residence.54 A marriage in articulo mortis between passengers or crew members may also be solemnized by a ship captain or by an airplane pilot not only while the ship is at sea or the plane is in flight. issued by their respective diplomatic or consular officials. 21 Art. shall also state: (1) The full name. to submit a certificate of legal capacity to contract marriage. Stateless persons or refugees from other countries shall.When either or both of the contracting parties are citizens of a foreign country. sex and age of each contracting party. 34 58 except Marriages Exempted from License Requirement. who is a commissioned officer. supra 9 .
supra 64 infra 10 . (5) and (6). the partition and distribution of the properties of the spouses and the delivery of the children's presumptive legitimes shall be recorded in the appropriate civil registry and registries of property. 22 Art. 37 and 38. The judgment of annulment or of absolute nullity of the marriage. in accordance with the laws in force in the country where they were solemnized. 26 61 Art. and valid there as such. otherwise. otherwise.59 All marriages solemnized outside the Philippines. shall also be valid in this country. 52 62 Art.63 (4) Bigamous or polygamous marriages not failing under Article 41. and (7) That the parties have entered into marriage settlement. (4).64 59 60 Art. (2) Solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so. attaching a copy thereof. if any. the subsequent marriage shall be null and void. (3) Solemnized without license. (6) That either or both of the contracting parties have complied with the legal requirement regarding parental advice in appropriate cases.(5) That either or both of the contracting parties have secured the parental consent in appropriate cases.60 Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry.61 Either of the former spouses may marry again after compliance with the foregoing requirements. 53 63 except Marriages Exempted from License Requirement. the same shall not affect third persons.62 The following marriages shall be void from the beginning: (1) Contracted by any party below eighteen (18) years of age even with the consent of parents or guardians. 36. the Filipino spouse shall have capacity to remarry under Philippine law. except those prohibited under Articles 35 (1).
(8) Between adopted children of the same adopter.67 For reasons of public policy: (1) Between collateral blood relatives whether legitimate or illegitimate. and (6) Subsequent marriages that are void under Article 53. (2) Between step-parents and step-children. and (9) Between parties where one. 65 66 Art. 35. infra Art. 36 67 Art. 37 11 . 53. up to the fourth civil degree. killed that other person's spouse. with the intention to marry the other. or his or her own spouse.65 A marriage contracted by any party who. (4) Between the adopting parent and the adopted child. Art. (6) Between the surviving spouse of the adopted child and the adopter.(5) Contracted through mistake of one contracting party as to the identity of the other. at the time of the celebration. (7) Between an adopted child and a legitimate child of the adopter. even if such incapacity becomes manifest only after its solemnization. (3) Between parents-in-law and children-in-law. (5) Between the surviving spouse of the adopting parent and the adopted child. whether of the full or half blood. was psychologically incapacitated to comply with the essential marital obligations of marriage.66 Whether the relationship between the parties be legitimate or illegitimate: (1) Between ascendants and descendants of any degree. and (2) Between brothers and sisters. The action or defense for the declaration of absolute nullity shall not prescribe.
68 such action or defense shall prescribe in ten (10) years after this Code shall take effect. including the division of the estate among the heirs: (1) A person on board a vessel lost during a sea voyage. or an aeroplane which is missing. unless there is a judgment annulling the previous marriage or declaring it void ab initio. 72 Art. 40 71 The following shall be presumed dead for all purposes. 42 12 . who has not been heard of for four years since the loss of the vessel or aeroplane.In case of marriage celebrated before the effectivity of this Code and falling under Article 36. with due notice to the spouses of the subsequent marriage and without prejudice to the fact of reappearance being judicially determined in case such fact is disputed. an absence of only two (2) years shall be sufficient. unless before the celebration of the subsequent marriage. A sworn statement of the fact and circumstances of reappearance shall be recorded in the civil registry of the residence of the parties to the subsequent marriage at the instance of any interested person. the spouse present must institute a summary proceeding for the declaration of presumptive death of the absentee. 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. the prior spouse had been absent for four consecutive years and the spouse present has a wellfounded belief that the absent spouse was already dead.69 The absolute nullity of a previous marriage may be invoked for purposes of remarriage on the basis solely of a final judgment declaring such previous marriage void.70 A marriage contracted by any person during subsistence of a previous marriage shall be null and void. without prejudice to the effect of reappearance of the absent spouse. The subsequent marriage referred to shall be automatically terminated by the recording of the affidavit of reappearance of the absent spouse. 39 70 Art. 41 73 Art. (2) A person in the armed forces who has taken part in war. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 71 of the Civil Code.73 68 69 supra Art.72 For the purpose of contracting the subsequent marriage under the preceding paragraph.
existing at the time of the marriage: (1) The party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one. his or her share of the net profits of the community property or conjugal partnership property shall be forfeited in favor of the common children or. unless such party after coming to reason. such party freely cohabited with the other and both lived together as husband and wife. (2) The absolute community of property or the conjugal partnership. 44 13 . except that if the donee contracted the marriage in bad faith. even if such designation be stipulated as irrevocable. (2) Either party was of unsound mind. in that order. and (5) The spouse who contracted the subsequent marriage in bad faith shall be disqualified to inherit from the innocent spouse by testate and intestate succession74 If both spouses of the subsequent marriage acted in bad faith. said marriage shall be void ab initio and all donations by reason of marriage and testamentary dispositions made by one in favor of the other are revoked by operation of law. guardian or person having substitute parental authority over the party. the children of the guilty spouse by a previous marriage or in default of children. but if either spouse contracted said marriage in bad faith. 43 Art. unless after attaining the age of twenty-one. the innocent spouse.75 A marriage may be annulled for any of the following causes. and the marriage was solemnized without the consent of the parents. if there are none. such donations made to said donee are revoked by operation of law. shall be dissolved and liquidated. as the case may be. freely cohabited with the other as husband and wife. 74 75 Art.Effects of termination of the subsequent marriage: (1) The children of the subsequent marriage conceived prior to its termination shall be considered legitimate. (3) Donations by reason of marriage shall remain valid. (4) The innocent spouse may revoke the designation of the other spouse who acted in bad faith as beneficiary in any insurance policy.
(2) Concealment by the wife of the fact that at the time of the marriage. regardless of its nature. rank. unless the same having disappeared or ceased. (3) Concealment of sexually transmissible disease. No other misrepresentation or deceit as to character.76 Any of the following circumstances shall constitute fraud referred to in Number 3: (1) Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude. or (6) Either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage77 The action for annulment of marriage must be filed by the following persons and within the periods indicated: (1) By the party whose parent or guardian did not give his or her consent. and such incapacity continues and appears to be incurable. habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage. 45. (5) Either party was physically incapable of consummating the marriage with the other. supra 14 . unless such party afterwards. freely cohabited with the other as husband and wife. health. (4) The consent of either party was obtained by force. within five (5) years after attaining the age of twenty-one. at any time before such party has reached the age of twenty-one. or by the parent or guardian or person having legal charge of the minor. 46 78 No. intimidation or undue influence. 1 of Art.78 76 77 Art. such party thereafter freely cohabited with the other as husband and wife. with full knowledge of the facts constituting the fraud. existing at the time of the marriage.(3) The consent of either party was obtained by fraud. 45 Art. or (4) Concealment of drug addiction. she was pregnant by a man other than her husband.
and the delivery of third presumptive legitimes. or by the insane spouse during a lucid interval or after regaining sanity.84 The effects provided for by paragraphs (2). 81 No. 48 84 Art. the Court shall order the prosecuting attorney or fiscal assigned to it to appear on behalf of the State to take steps to prevent collusion between the parties and to take care that evidence is not fabricated or suppressed. 79 80 No. (Art. (4) and (5) of Article 43 and by Article 4485 shall also apply in the proper cases to marriages which are declared ab initio or annulled by final judgment under Articles 40 and 45. intimidation or undue influence disappeared or ceased. 49 85 supra 86 Ibid. id. within five (5) years from the time the force. or by any relative or guardian or person having legal charge of the insane. within five (5) years after the marriage. (3). The Court shall give paramount consideration to the moral and material welfare of said children and their choice of the parent with whom they wish to remain.86 The final judgment in such cases shall provide for the liquidation. 47) 83 Art. 3. 2. within five (5) years after the discovery of the fraud. unless such matters had been adjudicated in previous judicial proceedings. the custody and support of the common children. the Court shall provide for the support of the spouses and the custody and support of their common children. 5 & 6. id. id. id. partition and distribution of the properties of the spouses.81 (5) By the injured party.79 (3) By the injured party. 4. at any time before the death of either party.(2) By the sane spouse. It shall also provide for appropriate visitation rights of the other parent.82 In all cases of annulment or declaration of absolute nullity of marriage. 82 Nos.83 During the pendency of the action and in the absence of adequate provisions in a written agreement between the spouses. who had no knowledge of the other's insanity.80 (4) By the injured party. No. 15 . No judgment shall be based upon a stipulation of facts or confession of judgment.
53 91 supra 92 Art. 51 89 Art. shall be delivered in cash. 52 90 Art. unless the parties. otherwise.87 In said partition. computed as of the date of the final judgment of the trial court. see Reference Art. the subsequent marriage shall be null and void. Children conceived or born of the subsequent marriage under Article 53 shall likewise be legitimate. the partition and distribution of the properties of the spouses and the delivery of the children's presumptive legitimes shall be recorded in the appropriate civil registry and registries of property. had already provided for such matters. The delivery of the presumptive legitimes shall in no way prejudice the ultimate successional rights of the children accruing upon the death of either of both of the parents. the same shall not affect third persons.89 Either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article. shall be adjudicated in accordance with the provisions of Articles 102 and 129.All creditors of the spouses as well as of the absolute community or the conjugal partnership shall be notified of the proceedings for liquidation. property or sound securities. The children or their guardian or the trustee of their property may ask for the enforcement of the judgment. In the partition. 102 & 109. 50. 54 16 . by mutual agreement judicially approved. the value of the presumptive legitimes of all common children.90 Children conceived or born before the judgment of annulment or absolute nullity of the marriage under Article 3691 has become final and executory shall be considered legitimate. but the value of the properties already received under the decree of annulment or absolute nullity shall be considered as advances on their legitime88 The judgment of annulment or of absolute nullity of the marriage. otherwise. for Arts.92 87 88 Art. the conjugal dwelling and the lot on which it is situated.
or a child of the petitioner. (5) Drug addiction or habitual alcoholism of the respondent. (4) Final judgment sentencing the respondent to imprisonment of more than six years.III. (7) Contracting by the respondent of a subsequent bigamous marriage. or a child of the petitioner. 55. Anti-Violence Against Women and Children 17 . 93 Art. whether in the Philippines or abroad. The term "child" shall include a child by nature or by adoption. a common child. (2) The aggrieved party has consented to the commission of the offense or act complained of. or (10) Abandonment of petitioner by respondent without justifiable cause for more than one year. A. Legal Separation A petition for legal separation may be filed on any of the following grounds: (1) Repeated physical violence or grossly abusive conduct directed against the petitioner. a common child.93 The petition for legal separation shall be denied on any of the following grounds: (1) The aggrieved party has condoned the offense or act complained of. 9262. (9) Attempt by the respondent against the life of the petitioner. (3) Attempt of respondent to corrupt or induce the petitioner. even if pardoned. (6) Lesbianism or homosexuality of the respondent. or connivance in such corruption or inducement. (3) There is connivance between the parties in the commission of the offense or act constituting the ground for legal separation. to engage in prostitution. (2) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation. see also R. (8) Sexual infidelity or perversion.
the spouses shall be entitled to live separately from each other.99 During the pendency of the action for legal separation.96 No legal separation may be decreed unless the Court has taken steps toward the reconciliation of the spouses and is fully satisfied. the Court shall order the prosecuting attorney or fiscal assigned to it to take steps to prevent collusion between the parties and to take care that the evidence is not fabricated or suppressed. 57 96 Art. that reconciliation is highly improbable. 56 Art. The administrator appointed by the court shall have the same powers and duties as those of a guardian under the Rules of Court. 59 98 Art. or (6) The action is barred by prescription94 An action for legal separation shall be filed within five (5) years from the time of the occurrence of the cause.101 94 95 Art. 60 99 Art. the provisions of Article 49100 shall apply to the support of the spouses and the custody and support of the common children. despite such efforts. shall designate either of them or a third person to administer the absolute community or conjugal partnership property. 58 97 Art.(4) Both parties have given ground for legal separation. The court.95 An action for legal separation shall in no case be tried before six (6) months shall have elapsed since the filing of the petition. in the absence of a written agreement between the spouses. 62 18 . (5) There is collusion between the parties to obtain decree of legal separation.97 No decree of legal separation shall be based upon a stipulation of facts or a confession of judgment. 61 100 supra 101 Art. In any case.98 After the filing of the petition for legal separation.
if still pending. and 102 103 supra See Reference 104 Art. even if such designation be stipulated as irrevocable. The revocation of or change in the designation of the insurance beneficiary shall take effect upon written notification thereof to the insured. and (4) The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession. as well as the designation of the latter as beneficiary in any insurance policy. 64 105 Art. but the marriage bonds shall not be severed. which shall be forfeited in accordance with the provisions of Article 43(2). After the finality of the decree of legal separation. provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law. Moreover. liens and encumbrances registered in good faith before the recording of the complaint for revocation in the registries of property shall be respected. The revocation of the donations shall be recorded in the registries of property in the places where the properties are located.104 If the spouses should reconcile. a corresponding joint manifestation under oath duly signed by them shall be filed with the court in the same proceeding for legal separation. subject to the provisions of Article 213103 of this Code. Alienations. the innocent spouse may revoke the donations made by him or by her in favor of the offending spouse.102 (3) The custody of the minor children shall be awarded to the innocent spouse. (2) The absolute community or the conjugal partnership shall be dissolved and liquidated but the offending spouse shall have no right to any share of the net profits earned by the absolute community or the conjugal partnership. The action to revoke the donation must be brought within five (5) years from the time the decree of legal separation become final.105 The reconciliation referred to in the preceding Articles shall have the following consequences: (1) The legal separation proceedings. 65 19 . shall thereby be terminated at whatever stage.The decree of legal separation shall have the following effects: (1) The spouses shall be entitled to live separately from each other.
The recording of the ordering in the registries of property shall not prejudice any creditor not listed or not notified. take measure to protect the interest of creditors and such order shall be recorded in the proper registries of properties.106 The agreement to revive the former property regime shall be executed under oath and shall specify: (1) The properties to be contributed anew to the restored regime. in its order. and (3) The names of all their known creditors. but the separation of property and any forfeiture of the share of the guilty spouse already effected shall subsist. with copies of both furnished to the creditors named therein. the court shall. unless the debtor-spouse has sufficient separate properties to satisfy the creditor's claim. The court's order containing the foregoing shall be recorded in the proper civil registries. (2) Those to be retained as separated properties of each spouse. After due hearing. 67 20 . their addresses and the amounts owing to each. 66 Art. The agreement of revival and the motion for its approval shall be filed with the court in the same proceeding for legal separation.(2) The final decree of legal separation shall be set aside. unless the spouses agree to revive their former property regime.107 106 107 Art.
111 When one of the spouses neglects his or her duties to the conjugal union or commits acts which tend to bring danger. The expenses for such management shall be paid in accordance with the provisions of Article 70. In case of insufficiency or absence of said income or fruits. respect and fidelity. In case of disagreement. The court may exempt one spouse from living with the other if the latter should live abroad or there are other valid and compelling reasons for the exemption. in the absence thereof. Rights and Obligations Between Husband and Wife The husband and wife are obliged to live together. and (2) Benefit has occurred to the family prior to the objection or thereafter. the court shall decide.108 The husband and wife shall fix the family domicile. dishonor or injury to the other or to the family. the aggrieved party may apply to the court for relief. from the income or fruits of their separate properties.IV.112 Either spouse may exercise any legitimate profession. serious. 108 109 Art. such exemption shall not apply if the same is not compatible with the solidarity of the family. The expenses for such support and other conjugal obligations shall be paid from the community property and. In case of disagreement. 69 110 Art. the court shall decide whether or not: (1) The objection is proper. the resulting obligation shall be enforced against the separate property of the spouse who has not obtained consent.110 The management of the household shall be the right and the duty of both spouses. observe mutual love. and render mutual help and support.109 The spouses are jointly responsible for the support of the family. and moral grounds. occupation. business or activity without the consent of the other. If the benefit accrued prior to the objection. The latter may object only on valid. 72 21 . such obligations shall be satisfied from the separate properties. 71 112 Art. 68 Art. 70 111 Art. However.
see Reference for Arts. or persons having legal charge of them. or any other regime.114 In order that any modification in the marriage settlements may be valid. 75 115 supra 116 Art.113 The future spouses may. They shall not prejudice third persons unless they are registered in the local civil registry where the marriage contract is recorded as well as in the proper registries of properties. 79 22 . surviving parent or guardian. in the marriage settlements. in the order mentioned. it shall be indispensable for the guardian appointed by a competent court to be made a party thereto120 113 114 Art. mother. Property Relations of the Spouses The property relationship between husband and wife shall be governed in the following order: (1) By marriage settlements executed before the marriage.117 A minor who according to law may contract marriage may also execute his or her marriage settlements. complete separation of property. it must be made before the celebration of the marriage. In the absence of a marriage settlement. the system of absolute community of property as established in this Code shall govern. signed by the parties and executed before the celebration of the marriage. conjugal partnership of gains.116 The marriage settlements and any modification thereof shall be in writing. 67. but they shall be valid only if the persons designated in Article 14118 to give consent to the marriage are made parties to the agreement. 74 Art.119 For the validity of any marriage settlement executed by a person upon whom a sentence of civil interdiction has been pronounced or who is subject to any other disability.115 128. 78 120 Art. 77 118 The father. (2) By the provisions of this Code. 135-6 117 Art. 128. subject to the provisions of Articles 66. or when the regime agreed upon is void. 135 and 136. and (3) By the local custom. 119 Art. 76. agree upon the regime of absolute community.V.
121 This rule shall not apply: (1) Where both spouses are aliens.123 May be revoked by the donor in the following cases: (1) If the marriage is not celebrated or judicially declared void ab initio except donations made in the marriage settlements. shall be rendered void if the marriage does not take place. the donee being the guilty spouse. Everything stipulated in the settlements or contracts referred to in the preceding articles in consideration of a future marriage. 82 124 supra 125 Art.124 (2) When the marriage takes place without the consent of the parents or guardian. However. 86 23 . (4) Upon legal separation. (2) With respect to the extrinsic validity of contracts affecting property not situated in the Philippines and executed in the country where the property is located. and (3) With respect to the extrinsic validity of contracts entered into in the Philippines but affecting property situated in a foreign country whose laws require different formalities for its extrinsic validity. regardless of the place of the celebration of the marriage and their residence.122 Donations by reason of marriage are those which are made before its celebration. 80 Art. including donations between the prospective spouses made therein. (3) When the marriage is annulled. which shall be governed by Article 81. in consideration of the same. the property relations of the spouses shall be governed by Philippine laws. 81 123 Art. and the donee acted in bad faith. stipulations that do not depend upon the celebration of the marriages shall be valid. as required by law. and in favor of one or both of the future spouses. (5) If it is with a resolutory condition and the condition is complied with. (6) When the donee has committed an act of ingratitude as specified by the provisions of the Civil Code on donations in general125 121 122 Art.In the absence of a contrary stipulation in a marriage settlement.
see Reference for Arts. except that if the donee contracted the marriage in bad faith. (3). 126 127 Art. 75 131 Art.Donations by reason of marriage shall remain valid.126 The effects provided for by paragraphs (2). between the spouses during the marriage shall be void. unless such matters had been adjudicated in previous judicial proceedings. In the partition. in the marriage settlements. shall be adjudicated in accordance with the provisions of Articles 102 and 129. 87 130 Art. All creditors of the spouses as well as of the absolute community or the conjugal partnership shall be notified of the proceedings for liquidation. Any excess shall be considered void. direct or indirect. complete separation of property. 43 (3) supra 128 Art. conjugal partnership of gains. such donations made to said donee are revoked by operation of law.128 Every donation or grant of gratuitous advantage. 84 24 . or when the regime agreed upon is void.129 The future spouses may. the system of absolute community of property as established in this Code shall govern130 If the future spouses agree upon a regime other than the absolute community of property. they cannot donate to each other in their marriage settlements more than onefifth of their present property. (4) and (5) of Article 43 and by Article 44127 shall also apply in the proper cases to marriages which are declared ab initio or annulled by final judgment under Articles 40 and 45. the conjugal dwelling and the lot on which it is situated. 50. The final judgment in such cases shall provide for the liquidation. agree upon the regime of absolute community. In the absence of a marriage settlement. 102 & 129 129 Art.131 Donations of future property shall be governed by the provisions on testamentary succession and the formalities of wills. partition and distribution of the properties of the spouses. The prohibition shall also apply to persons living together as husband and wife without a valid marriage. or any other regime. and the delivery of third presumptive legitimes. the custody and support of the common children. except moderate gifts which the spouses may give each other on the occasion of any family rejoicing.
the donee shall not be liable for the deficiency. In case of foreclosure of the encumbrance and the property is sold for less than the total amount of the obligation secured. If the property is sold for more than the total amount of said obligation.133 No waiver of rights. the same shall appear in a public instrument and shall be recorded as provided in Article 77. 91 138 Art. unless it is expressly provided by the donor. and the fruits as well as the income thereof.134 When the waiver takes place upon a judicial separation of property. of such property. testator or grantor that they shall form part of the community property. if any. Any stipulation.Donations by reason of marriage of property subject to encumbrances shall be valid.135 The creditors of the spouse who made such waiver may petition the court to rescind the waiver to the extent of the amount sufficient to cover the amount of their credits. The provisions on co-ownership shall apply to the absolute community of property between the spouses in all matters not provided for. 92 25 . 88 134 Art. and the fruits as well as the income. for the commencement of the community regime at any other time shall be void. However.137 Excluded are the following: (1) Property acquired during the marriage by gratuitous title by either spouse. (3) Property acquired before the marriage by either spouse who has legitimate descendants by a former marriage. (2) Property for personal and exclusive use of either spouse. express or implied.136 Community Property consists of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter. 90 137 Art.138 132 133 Art. if any. or after the marriage has been dissolved or annulled. 85 Art. shares and effects of the absolute community of property during the marriage can be made except in case of judicial separation of property.132 The absolute community of property between spouses shall commence at the precise moment that the marriage is celebrated. jewelry shall form part of the community property. the donee shall be entitled to the excess. 89 135 See Reference 136 Art.
the payment of which shall be considered as advances to be deducted from the share of the debtor-spouse upon liquidation of the community.139 Charges Upon and Obligations of the Community Property: (1) The support of the spouses. however. including major or minor repairs. the support of illegitimate children shall be governed by the provisions of this Code on Support. their common children. charges and expenses. liens. upon the community property.Property acquired during the marriage is presumed to belong to the community. in case of absence or insufficiency of the exclusive property of the debtor-spouse. and (10) Expenses of litigation between the spouses unless the suit is found to be groundless. (3) Debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have been benefited. unless it is proved that it is one of those excluded therefrom. or by both spouses. (9) Antenuptial debts of either spouse other than those falling under paragraph (7) of this Article. (7) Antenuptial debts of either spouse insofar as they have redounded to the benefit of the family. and legitimate children of either spouse. or by one spouse with the consent of the other. the support of illegitimate children of either spouse. (5) All taxes and expenses for mere preservation made during marriage upon the separate property of either spouse used by the family. 93 26 . 139 Art. (4) All taxes. (8) The value of what is donated or promised by both spouses in favor of their common legitimate children for the exclusive purpose of commencing or completing a professional or vocational course or other activity for self-improvement. and liabilities incurred by either spouse by reason of a crime or a quasi-delict. (6) Expenses to enable either spouse to commence or complete a professional or vocational course. (2) All debts and obligations contracted during the marriage by the designated administrator-spouse for the benefit of the community. or other activity for self-improvement.
134-138 27 . see Reference for Arts. the spouses shall be solidarily liable for the unpaid balance with their separate properties. except those falling under paragraph (9). make moderate donations from the community property for charity or on occasions of family rejoicing or family distress. the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person.144 Dissolution of Community Regime: (1) (2) (3) (4) Upon the death of either spouse. the disposition or encumbrance shall be void.If the community property is insufficient to cover the foregoing liabilities. 95 142 Art. 98 145 Art. However. 94 Art. the other spouse may assume sole powers of administration. In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the common properties. betting.145 140 141 Art. subject to recourse to the court by the wife for proper remedy. and may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors.140 Whatever may be lost during the marriage in any game of chance. or Judicial separation of property during the marriage under Article 134 to 138.143 Neither spouse may donate any community property without the consent of the other. or any other kind of gambling.142 Either spouse may dispose by will of his or her interest in the community property. either spouse may. 96 143 Art. These powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. sweepstakes. In case of disagreement. which must be availed of within five years from the date of the contract implementing such decision. whether permitted or prohibited by law. In the absence of such authority or consent. without the consent of the other. 99. the husband's decision shall prevail. However. There is a decree of legal separation. The marriage is annulled or declared void. shall be borne by the loser and shall not be charged to the community but any winnings therefrom shall form part of the community property. 97 144 Art.141 The administration and enjoyment of the community property shall belong to both spouses jointly.
(2) When the consent of one spouse to any transaction of the other is required by law.148 (3) Whatever remains of the exclusive properties of the spouses shall thereafter be delivered to each of them. A spouse is deemed to have abandoned the other when her or she has left the conjugal dwelling without intention of returning. without just cause. 100 Art. for judicial separation of property or for authority to be the sole administrator of the absolute community. judicial authorization shall be obtained in a summary proceeding. 101 148 supra 28 . the aggrieved spouse may petition the court for receivership. parental or property relations. listing separately all the properties of the absolute community and the exclusive properties of each spouse.146 If a spouse without just cause abandons the other or fails to comply with his or her obligations to the family. 147 Procedure in the liquidation of the Absolute Community Assets and Liabilities: (1) An inventory shall be prepared. The obligations to the family mentioned in the preceding paragraph refer to marital. upon proper petition in a summary proceeding. shall not have the right to be supported. In case of insufficiency of said assets. (2) The debts and obligations of the absolute community shall be paid out of its assets. (3) In the absence of sufficient community property. be given judicial authority to administer or encumber any specific separate property of the other spouse and use the fruits or proceeds thereof to satisfy the latter's share. 146 147 Art.The separation in fact between husband and wife shall not affect the regime of absolute community except that: (1) The spouse who leaves the conjugal home or refuses to live therein. The spouse present shall. the spouses shall be solidarily liable for the unpaid balance with their separate properties in accordance with the provisions of the second paragraph of Article 94. subject to such precautionary conditions as the court may impose. The spouse who has left the conjugal dwelling for a period of three months or has failed within the same period to give any information as to his or her whereabouts shall be prima facie presumed to have no intention of returning to the conjugal dwelling. the separate property of both spouses shall be solidarily liable for the support of the family.
No. (2) and 63. the surviving spouse shall liquidate the community property either judicially or extra-judicially within six months from the death of the deceased spouse. or unless there has been a voluntary waiver of such share provided in this Code. If upon the lapse of the six months period. which shall be divided equally between husband and wife.(4) The net remainder of the properties of the absolute community shall constitute its net assets. In case there in no such majority. (2). 103 153 Art.152 Whenever the liquidation of the community properties of two or more marriages contracted by the same person is carried out simultaneously. For purpose of computing the net profits subject to forfeiture in accordance with Articles 43. unless a different proportion or division was agreed upon in the marriage settlements.150 (6) Unless otherwise agreed upon by the parties.153 149 150 ibid ibid 151 Art. in the partition of the properties. the same shall be divided between the different communities in proportion to the capital and duration of each. in accordance with Article 51. the court shall decide. 102 152 Art. fruits and income of each community shall be determined upon such proof as may be considered according to the rules of evidence. a mandatory regime of complete separation of property shall govern the property relations of the subsequent marriage.149 the said profits shall be the increase in value between the market value of the community property at the time of the celebration of the marriage and the market value at the time of its dissolution. taking into consideration the best interests of said children. the community property shall be liquidated in the same proceeding for the settlement of the estate of the deceased. 104 29 . unless the court has decided otherwise. the conjugal dwelling and the lot on which it is situated shall be adjudicated to the spouse with whom the majority of the common children choose to remain. no liquidation is made. any disposition or encumbrance involving the community property of the terminated marriage shall be void. Should the surviving spouse contract a subsequent marriage without compliance with the foregoing requirements.151 Upon the termination of the marriage by death. In case of doubt as to which community the existing properties belong. If no judicial settlement proceeding is instituted. No. (5) The presumptive legitimes of the common children shall be delivered upon partition. Children below the age of seven years are deemed to have chosen the mother. the respective capital.
107 158 Art.157 The conjugal partnership shall be governed by the rules on the contract of partnership in all that is not in conflict with what is expressly determined in this Chapter or by the spouses in their marriage settlements. 109 30 . The provisions shall also apply to conjugal partnerships of gains already established between spouses before the effectivity of this Code. administration and enjoyment of their exclusive properties. the provisions in this Chapter shall be of supplementary application. as provided in Article 256. and.158 Exclusive Property of Each Spouse: (1) Brought to the marriage as his or her own. 256 Art. possession.Conjugal partnership of gains: In case the future spouses agree in the marriage settlements that the regime of conjugal partnership gains shall govern their property relations during marriage. without prejudice to vested rights already acquired in accordance with the Civil Code or other laws. (2) Each acquires during the marriage by gratuitous title. 108 159 Art. products. 106 156 supra 157 Art. unless otherwise agreed in the marriage settlements. upon dissolution of the marriage or of the partnership. see Reference for Art. the husband and wife place in a common fund the proceeds.155 The rules provided in Articles 88 and 89156 shall also apply to conjugal partnership of gains. fruits and income from their separate properties and those acquired by either or both spouses through their efforts or by chance. and (4) Purchased with exclusive money of the wife or of the husband159 The spouses retain the ownership. the net gains or benefits obtained by either or both spouses shall be divided equally between them. 154 155 Art. (3) Acquired by right of redemption.154 Under the regime of conjugal partnership of gains. 105. by barter or by exchange with property belonging to only one of the spouses.
shall pertain to the donee-spouses as his or her own exclusive property. 112 163 Art. without the consent of the other spouse. annuities.162 Property donated or left by will to the spouses. alienate or otherwise dispose of his or her exclusive property.160 A spouse of age may mortgage. whether the acquisition be for the partnership. and appear alone in court to litigate with regard to the same.164 Retirement benefits. during the marriage. encumber. transfer the administration of his or her exclusive property to the other by means of a public instrument. 160 161 Art. share and share alike. jointly and with designation of determinate shares. and in the absence of designation. the amount of the charges shall be borne by the exclusive property of the donee spouse. whenever they have been advanced by the conjugal partnership of gains.163 If the donations are onerous. is presumed to be conjugal unless the contrary is proved. or for only one of the spouses.165 Conjugal Partnership Property: All property acquired during the marriage. contracted or registered in the name of one or both spouses. 111 162 Art. which shall be recorded in the registry of property of the place the property is located. 113 164 Art. without prejudice to the right of accretion when proper. whether the acquisition appears to have been made. usufructs and similar benefits shall be governed by the rules on gratuitous or onerous acquisitions as may be proper in each case.166 The following are conjugal partnership properties: (1) Those acquired by onerous title during the marriage at the expense of the common fund. 115 166 Art. gratuities. 116 31 .Either spouse may.161 The alienation of any exclusive property of a spouse administered by the other automatically terminates the administration over such property and the proceeds of the alienation shall be turned over to the owner-spouse. 110 Art. 114 165 Art. pensions.
In either case. made on the separate property of the spouses at the expense of the partnership or through the acts or efforts of either or both spouses shall pertain to the conjugal partnership. any amount advanced by the partnership or by either or both spouses shall be reimbursed by the owner or owners upon liquidation of the partnership. (4) The share of either spouse in the hidden treasure which the law awards to the finder or owner of the property where the treasure is found. losses therefrom shall be borne exclusively by the loser-spouse. 119 32 .168 Whenever an amount or credit payable within a period of time belongs to one of the spouses. likewise subject to reimbursement of the cost of the improvement. interests falling due during the marriage on the principal shall belong to the conjugal partnership. 118 169 Art. the sums which may be collected during the marriage in partial payments or by installments on the principal shall be the exclusive property of the spouse. However. natural. industry.167 Property bought on installments paid partly from exclusive funds of either or both spouses and partly from conjugal funds belongs to the buyer or buyers if full ownership was vested before the marriage and to the conjugal partnership if such ownership was vested during the marriage. work or profession of either or both of the spouses. otherwise. (6) Livestock existing upon the dissolution of the partnership in excess of the number of each kind brought to the marriage by either spouse. and (7) Those which are acquired by chance. (3) The fruits.(2) Those obtained from the labor. whether for utility or adornment. or to the original owner-spouse. However. subject to the following rules: When the cost of the improvement made by the conjugal partnership and any resulting increase in value are more than the value of the property at the time of the improvement. (5) Those acquired through occupation such as fishing or hunting. due or received during the marriage from the common property. such as winnings from gambling or betting. 167 168 Art. 117 Art.169 The ownership of improvements. or civil. the entire property of one of the spouses shall belong to the conjugal partnership. industrial. as well as the net fruits from the exclusive property of each spouse. subject to reimbursement of the value of the property of the owner-spouse at the time of the improvement. said property shall be retained in ownership by the owner-spouse.
which shall be made at the time of the liquidation of the conjugal partnership. (8) The value of what is donated or promised by both spouses in favor of their common legitimate children for the exclusive purpose of commencing or completing a professional or vocational course or other activity for self-improvement.In either case. their common children. (7) Antenuptial debts of either spouse insofar as they have redounded to the benefit of the family. If the conjugal partnership is insufficient to cover the foregoing liabilities. Charges upon and obligations of the Conjugal Partnership of Gains: (1) The support of the spouse. vocational.170 The payment of personal debts contracted by the husband or the wife before or during the marriage shall not be charged to the conjugal properties partnership except insofar as they redounded to the benefit of the family. 121 33 . including major or minor repairs upon the conjugal partnership property. (6) Expenses to enable either spouse to commence or complete a professional. and the legitimate children of either spouse. (2) All debts and obligations contracted during the marriage by the designated administrator-spouse for the benefit of the conjugal partnership of gains. and expenses. (4) All taxes. the spouses shall be solidarily liable for the unpaid balance with their separate properties. 170 Art. charges. or by both spouses or by one of them with the consent of the other. (5) All taxes and expenses for mere preservation made during the marriage upon the separate property of either spouse. and (9) Expenses of litigation between the spouses unless the suit is found to groundless. (3) Debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have benefited. liens. or other activity for self-improvement. the ownership of the entire property shall be vested upon the reimbursement.
In the absence of such authority or consent. the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person. However. make moderate donations from the conjugal partnership property for charity or on occasions of family rejoicing or family distress.Neither shall the fines and pecuniary indemnities imposed upon them be charged to the partnership. sweepstakes. the payment of personal debts contracted by either spouse before the marriage. However. These powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. the other spouse may assume sole powers of administration. but at the time of the liquidation of the partnership. such spouse shall be charged for what has been paid for the purpose above-mentioned.173 Neither spouse may donate any conjugal partnership property without the consent of the other. as well as the support of illegitimate children of either spouse. In case of disagreement. In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the conjugal properties. which must be availed of within five years from the date of the contract implementing such decision.174 171 172 Art. either spouse may. the husband's decision shall prevail. without the consent of the other.171 Whatever may be lost during the marriage in any game of chance or in betting.172 Administration of the of the Conjugal Partnership of Gains: The administration and enjoyment of the conjugal partnership shall belong to both spouses jointly. However. or any other kind of gambling whether permitted or prohibited by law. 125 34 . subject to recourse to the court by the wife for proper remedy. 123 173 Art. shall be borne by the loser and shall not be charged to the conjugal partnership but any winnings therefrom shall form part of the conjugal partnership property. the disposition or encumbrance shall be void. if the spouse who is bound should have no exclusive property or if it should be insufficient. 122 Art. and may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors. that of fines and indemnities imposed upon them. may be enforced against the partnership assets after the responsibilities enumerated in the preceding Article have been covered. 124 174 Art.
the separate property of both spouses shall be solidarily liable for the support of the family. (2) When the consent of one spouse to any transaction of the other is required by law.176 If a spouse without just cause abandons the other or fails to comply with his or her obligation to the family. The spouse present shall. 127 177 Art. 126 Art.177 175 176 Art.Dissolution of the regime of Conjugal Partnership of Gains: (1) Upon the death of either spouse. without just cause. upon petition in a summary proceeding. (3) The marriage is annulled or declared void. subject to such precautionary conditions as the court may impose. A spouse is deemed to have abandoned the other when he or she has left the conjugal dwelling without intention of returning. or to 138. 175 (4) In case of judicial separation of property during the marriage under Articles 134 The separation in fact between husband and wife shall not affect the regime of conjugal partnership. 128 35 . be given judicial authority to administer or encumber any specific separate property of the other spouse and use the fruits or proceeds thereof to satisfy the latter's share. (3) In the absence of sufficient conjugal partnership property. parental or property relations. (2) There is a decree of legal separation. except that: (1) The spouse who leaves the conjugal home or refuses to live therein. The spouse who has left the conjugal dwelling for a period of three months or has failed within the same period to give any information as to his or her whereabouts shall be prima facie presumed to have no intention of returning to the conjugal dwelling. shall not have the right to be supported. judicial authorization shall be obtained in a summary proceeding. The obligations to the family mentioned in the preceding paragraph refer to marital. for judicial separation of property. the aggrieved spouse may petition the court for receivership. or for authority to be the sole administrator of the conjugal partnership property.
In case of insufficiency of said assets. the spouses shall be solidarily liable for the unpaid balance with their separate properties. in accordance with the provisions of paragraph (2) of Article 121. taking into consideration the best interests of said children. (2) Amounts advanced by the conjugal partnership in payment of personal debts and obligations of either spouse shall be credited to the conjugal partnership as an asset thereof. the loss or deterioration of movables used for the benefit of the family. be adjudicated to the spouse with whom the majority of the common children choose to remain.Procedure in the Liquidation of the Conjugal Partnership Assets and Liabilities: (1) An inventory shall be prepared. (3) Each spouse shall be reimbursed for the use of his or her exclusive funds in the acquisition of property or for the value of his or her exclusive property. the ownership of which has been vested by law in the conjugal partnership. if any.178 (5) Whatever remains of the exclusive properties of the spouses shall thereafter be delivered to each of them. (7) The net remainder of the conjugal partnership properties shall constitute the profits. 129 36 .179 (9) In the partition of the properties. (4) The debts and obligations of the conjugal partnership shall be paid out of the conjugal assets. listing separately all the properties of the conjugal partnership and the exclusive properties of each spouse. Children below the age of seven years are deemed to have chosen the mother. unless the court has decided otherwise. unless otherwise agreed upon by the parties. shall be paid to said spouse from the conjugal funds. (6) Unless the owner had been indemnified from whatever source. which shall be divided equally between husband and wife.180 178 179 supra ibid 180 Art. (8) The presumptive legitimes of the common children shall be delivered upon the partition in accordance with Article 51. unless a different proportion or division was agreed upon in the marriage settlements or unless there has been a voluntary waiver or forfeiture of such share as provided in this Code. the court shall decide. belonging to either spouse. even due to fortuitous event. In case there is no such majority. the conjugal dwelling and the lot on which it is situated shall.
134 37 .184 Separation of Property of the Spouses and Administration of Common Property by One Spouse During the Marriage: In the absence of an express declaration in the marriage settlements. Art. and other matters which are not expressly determined in this Chapter. the conjugal partnership property shall be liquidated in the same proceeding for the settlement of the estate of the deceased. In case of doubt as to which partnership the existing properties belong. 131 183 Art. If upon the lapse of the six-month period no liquidation is made. but from this shall be deducted that amount received for support which exceeds the fruits or rents pertaining to them. the respective capital. the separation of property between spouses during the marriage shall not take place except by judicial order. Such judicial separation of property may either be voluntary or for sufficient cause. 130. If no judicial settlement proceeding is instituted.182 The Rules of Court on the administration of estates of deceased persons shall be observed in the appraisal and sale of property of the conjugal partnership.181 Whenever the liquidation of the conjugal partnership properties of two or more marriages contracted by the same person is carried out simultaneously. 133 185 Art. a mandatory regime of complete separation of property shall govern the property relations of the subsequent marriage. 132 184 Art. Should the surviving spouse contract a subsequent marriage without compliance with the foregoing requirements.Upon the termination of the marriage by death. the same shall be divided between the different partnerships in proportion to the capital and duration of each. any disposition or encumbrance involving the conjugal partnership property of the terminated marriage shall be void.185 181 182 Art.183 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. fruits and income of each partnership shall be determined upon such proof as may be considered according to the rules of evidence. the surviving spouse shall liquidate the conjugal partnership property either judicially or extra-judicially within six months from the death of the deceased spouse.
Any of the following shall be considered sufficient cause for judicial separation of property: (1) That the spouse of the petitioner has been sentenced to a penalty which carries with it civil interdiction. (2) and (3). In the cases provided for in Numbers (1). During the pendency of the proceedings for separation of property.188 Once the separation of property has been decreed. shall be listed in the petition and notified of the filing thereof. All creditors of the absolute community or of the conjugal partnership of gains. as well as the personal creditors of the spouse. 135 188 Art. 137 38 . and (6) That at the time of the petition.189 186 187 supra Art. (2) That the spouse of the petitioner has been judicially declared an absentee. (3) That loss of parental authority of the spouse of petitioner has been decreed by the court. (4) That the spouse of the petitioner has abandoned the latter or failed to comply with his or her obligations to the family as provided for in Article 101. the absolute community or the conjugal partnership shall pay for the support of the spouses and their children.186 (5) That the spouse granted the power of administration in the marriage settlements has abused that power. the presentation of the final judgment against the guilty or absent spouse shall be enough basis for the grant of the decree of judicial separation of property. and for the separation of their common properties. 136 189 Art. The court shall take measures to protect the creditors and other persons with pecuniary interest.187 The spouses may jointly file a verified petition with the court for the voluntary dissolution of the absolute community or the conjugal partnership of gains. the absolute community or the conjugal partnership of gains shall be liquidated in conformity with this Code. the spouses have been separated in fact for at least one year and reconciliation is highly improbable.
After dissolution of the absolute community or of the conjugal partnership, the provisions on complete separation of property shall apply.190 The petition for separation of property and the final judgment granting the same shall be recorded in the proper local civil registries and registries of property.191 The separation of property shall not prejudice the rights previously acquired by creditors.192 The spouses may, in the same proceedings where separation of property was decreed, file a motion in court for a decree reviving the property regime that existed between them before the separation of property in any of the following instances: (1) When the civil interdiction terminates; (2) When the absentee spouse reappears; (3) When the court, being satisfied that the spouse granted the power of administration in the marriage settlements will not again abuse that power, authorizes the resumption of said administration; (4) When the spouse who has left the conjugal home without a decree of legal separation resumes common life with the other; (5) When parental authority is judicially restored to the spouse previously deprived thereof; (6) When the spouses who have separated in fact for at least one year, reconcile and resume common life; or (7) When after voluntary dissolution of the absolute community of property or conjugal partnership has been judicially decreed upon the joint petition of the spouses, they agree to the revival of the former property regime. No voluntary separation of property may thereafter be granted. The revival of the former property regime shall be governed by Article 67.193
Art. 138 Art. 139 192 Art. 140 193 Art. 141
The administration of all classes of exclusive property of either spouse may be transferred by the court to the other spouse: (1) When one spouse becomes the guardian of the other; (2) When one spouse is judicially declared an absentee; (3) When one spouse is sentenced to a penalty which carries with it civil interdiction; or (4) When one spouse becomes a fugitive from justice or is in hiding as an accused in a criminal case. If the other spouse is not qualified by reason of incompetence, conflict of interest, or any other just cause, the court shall appoint a suitable person to be the administrator.194 Regime of Separation of Property: Should the future spouses agree in the marriage settlements that their property relations during marriage shall be governed by the regime of separation of property, the provisions of this Chapter shall be suppletory.195 Separation of property may refer to present or future property or both. It may be total or partial. In the latter case, the property not agreed upon as separate shall pertain to the absolute community.196 Each spouse shall own, dispose of, possess, administer and enjoy his or her own separate estate, without need of the consent of the other. To each spouse shall belong all earnings from his or her profession, business or industry and all fruits, natural, industrial or civil, due or received during the marriage from his or her separate property.197 Both spouses shall bear the family expenses in proportion to their income, or, in case of insufficiency or default thereof, to the current market value of their separate properties. The liabilities of the spouses to creditors for family expenses shall, however, be solidary.198
Art. 142. Art. 143 196 Art. 144 197 Art. 145 198 Art. 146
Property Regime of Unions Without Marriage: When a man and a woman who are capacitated to marry each other, live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage, their wages and salaries shall be owned by them in equal shares and the property acquired by both of them through their work or industry shall be governed by the rules on co-ownership. In the absence of proof to the contrary, properties acquired while they lived together shall be presumed to have been obtained by their joint efforts, work or industry, and shall be owned by them in equal shares. For purposes of this Article, a party who did not participate in the acquisition by the other party of any property shall be deemed to have contributed jointly in the acquisition thereof if the former's efforts consisted in the care and maintenance of the family and of the household. Neither party can encumber or dispose by acts inter vivos of his or her share in the property acquired during cohabitation and owned in common, without the consent of the other, until after the termination of their cohabitation. When only one of the parties to a void marriage is in good faith, the share of the party in bad faith in the co-ownership shall be forfeited in favor of their common children. In case of default of or waiver by any or all of the common children or their descendants, each vacant share shall belong to the respective surviving descendants. In the absence of descendants, such share shall belong to the innocent party. In all cases, the forfeiture shall take place upon termination of the cohabitation.199 In cases of cohabitation not falling under the preceding Article, only the properties acquired by both of the parties through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions. In the absence of proof to the contrary, their contributions and corresponding shares are presumed to be equal. The same rule and presumption shall apply to joint deposits of money and evidences of credit. If one of the parties is validly married to another, his or her share in the coownership shall accrue to the absolute community or conjugal partnership existing in such valid marriage. If the party who acted in bad faith is not validly married to another, his or her shall be forfeited in the manner provided in the last paragraph of the preceding Article. The foregoing rules on forfeiture shall likewise apply even if both parties are in both faith.200
Art. 147 Art. 148
The family, being the foundation of the nation, is a basic social institution which public policy cherishes and protects. Consequently, family relations are governed by law and no custom, practice or agreement destructive of the family shall be recognized or given effect.201 Family relations include those: (1) Between husband and wife; (2) Between parents and children; (3) Among brothers and sisters, whether of the full or half-blood.202 No suit between members of the same family shall prosper unless it should appear from the verified complaint or petition that earnest efforts toward a compromise have been made, but that the same have failed. If it is shown that no such efforts were in fact made, the same case must be dismissed. This rules shall not apply to cases which may not be the subject of compromise under the Civil Code.203 The family home, constituted jointly by the husband and the wife or by an unmarried head of a family, is the dwelling house where they and their family reside, and the land on which it is situated.204 The family home is deemed constituted on a house and lot from the time it is occupied as a family residence. From the time of its constitution and so long as any of its beneficiaries actually resides therein, the family home continues to be such and is exempt from execution, forced sale or attachment except as hereinafter provided and to the extent of the value allowed by law.205
Art. 149. Art. 150 203 Art. 151 No compromise upon the following questions shall be valid: (1) The civil status of persons; (2) The validity of a marriage or a legal separation; (3) Any ground for legal separation; (4) Future support; (5) The jurisdiction of courts; (6) Future legitime (Art. 2035) 204 Art. 152 205 Art. 153
Beneficiaries of a family home: (1) The husband and wife, or an unmarried person who is the head of a family; and (2) Their parents, ascendants, descendants, brothers and sisters, whether the relationship be legitimate or illegitimate, who are living in the family home and who depend upon the head of the family for legal support.206 The family home shall be exempt from execution, forced sale or attachment except: (1) For nonpayment of taxes; (2) For debts incurred prior to the constitution of the family home; (3) For debts secured by mortgages on the premises before or after such constitution; and (4) For debts due to laborers, mechanics, architects, builders, materialmen and others who have rendered service or furnished material for the construction of the building.207 The family home must be part of the properties of the absolute community or the conjugal partnership, or of the exclusive properties of either spouse with the latter's consent. It may also be constituted by an unmarried head of a family on his or her own property. Nevertheless, property that is the subject of a conditional sale on installments where ownership is reserved by the vendor only to guarantee payment of the purchase price may be constituted as a family home.208 The actual value of the family home shall not exceed, at the time of its constitution, the amount of the three hundred thousand pesos in urban areas, and two hundred thousand pesos in rural areas, or such amounts as may hereafter be fixed by law. In any event, if the value of the currency changes after the adoption of this Code, the value most favorable for the constitution of a family home shall be the basis of evaluation.
Art. 154 Art. 155 208 Art. 156
alienated. or be the beneficiary of. At the execution sale. and the heirs cannot partition the same unless the court finds compelling reasons therefor. the latter's spouse. donated. only one family home.210 The family home shall continue despite the death of one or both spouses or of the unmarried head of the family for a period of ten years or for as long as there is a minor beneficiary. he may apply to the court which rendered the judgment for an order directing the sale of the property under execution. a person may constitute.214 For purposes of availing of the benefits of a family home. and he has reasonable grounds to believe that the family home is actually worth more than the maximum amount fixed in Article 157 213. In case of conflict. The excess. the same rule and procedure shall apply.215 The provisions in this Chapter shall also govern existing family residences insofar as said provisions are applicable. All others are deemed to be rural areas. The court shall so order if it finds that the actual value of the family home exceeds the maximum amount allowed by law as of the time of its constitution. 157 Art. assigned or encumbered by the owner or owners thereof with the written consent of the person constituting the same. no bid below the value allowed for a family home shall be considered. the court shall decide.216 209 210 Art. 160 215 Art.Urban areas are deemed to include chartered cities and municipalities whose annual income at least equals that legally required for chartered cities. This rule shall apply regardless of whoever owns the property or constituted the family home. and then to the liabilities under the judgment and the costs. by the owner or owners of the property.209 The family home may be sold. and a majority of the beneficiaries of legal age. if any. 161 216 Art. or by any of the beneficiaries. The proceeds shall be applied first to the amount mentioned in Article 157. 162 44 . 158 211 Art. 159 212 supra 213 ibid 214 Art. If the increased actual value exceeds the maximum allowed in Article 157 and results from subsequent voluntary improvements introduced by the person or persons constituting the family home.211 When a creditor whose claims is not among those mentioned in Article 155 212 obtains a judgment in his favor. shall be delivered to the judgment debtor.
164 219 Art.VII.218 Children conceived and born outside a valid marriage are illegitimate. that both of them authorized or ratified such insemination in a written instrument executed and signed by them before the birth of the child. (b) the fact that the husband and wife were living separately in such a way that sexual intercourse was not possible. provided. 163 Art. except in the instance provided in the second paragraph of Article 164. (2) That it is proved that for biological or other scientific reasons.220 or 217 218 Art. Natural filiation may be legitimate or illegitimate.219 Legitimacy of a child may be impugned only on the following grounds: (1) That it was physically impossible for the husband to have sexual intercourse with his wife within the first 120 days of the 300 days which immediately preceded the birth of the child because of: (a) the physical incapacity of the husband to have sexual intercourse with his wife. unless otherwise provided in this Code. Children conceived as a result of artificial insemination of the wife with the sperm of the husband or that of a donor or both are likewise legitimate children of the husband and his wife. the child could not have been that of the husband. The instrument shall be recorded in the civil registry together with the birth certificate of the child. 165 220 supra 45 . Paternity and Filiation Legitimate Children: The filiation of children may be by nature or by adoption. or (c) serious illness of the husband. which absolutely prevented sexual intercourse.217 Children conceived or born during the marriage of the parents are legitimate.
(2) A child born after one hundred eighty days following the celebration of the subsequent marriage is considered to have been conceived during such marriage.224 The action to impugn the legitimacy of the child shall be brought within one year from the knowledge of the birth or its recording in the civil register.223 The legitimacy or illegitimacy of a child born after three hundred days following the termination of the marriage shall be proved by whoever alleges such legitimacy or illegitimacy. if the husband or. in his default. 170 46 . the period shall be two years if they should reside in the Philippines. violence. 168 224 Art. provided it be born within three hundred days after the termination of the former marriage. If the husband or. whichever is earlier.222 If the marriage is terminated and the mother contracted another marriage within three hundred days after such termination of the former marriage. and three years if abroad. should reside in the city or municipality where the birth took place or was recorded. If the birth of the child has been concealed from or was unknown to the husband or his heirs. 169 225 Art. in a proper case. 167 223 Art. all of his heirs do not reside at the place of birth as defined in the first paragraph or where it was recorded. any of his heirs.(3) That in case of children conceived through artificial insemination.221 The child shall be considered legitimate although the mother may have declared against its legitimacy or may have been sentenced as an adulteress. the written authorization or ratification of either parent was obtained through mistake. intimidation.225 221 222 Art. fraud. even though it be born within the three hundred days after the termination of the former marriage. or undue influence. 166 Art. the period shall be counted from the discovery or knowledge of the birth of the child or of the fact of registration of said birth. these rules shall govern in the absence of proof to the contrary: (1) A child born before one hundred eighty days after the solemnization of the subsequent marriage is considered to have been conceived during the former marriage.
(2) If he should die after the filing of the complaint without having desisted therefrom. or (2) Any other means allowed by the Rules of Court and special laws. 173 229 Art. or (2) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned. and in proper cases. and (3) To be entitled to the legitimate and other successional rights granted to them by the Civil Code. their brothers and sisters.226 Proof of Filiation: By any of the following: (1) The record of birth appearing in the civil register or a final judgment.228 Rights of legitimate children: (1) To bear the surnames of the father and the mother. their ascendants. In the absence of the foregoing evidence. (2) To receive support from their parents. 171 Art.229 226 227 Art.The heirs of the husband may impugn the filiation of the child within the period prescribed in the preceding article only in the following cases: (1) If the husband should die before the expiration of the period fixed for bringing his action. in conformity with the provisions of the Civil Code on Surnames. by: (1) The open and continuous possession of the status of a legitimate child. 172 228 Art. the heirs shall have a period of five years within which to institute the action. In these cases. in conformity with the provisions of this Code on Support. or (3) If the child was born after the death of the husband. 174 47 .227 The action to claim legitimacy may be brought by the child during his or her lifetime and shall be transmitted to the heirs should the child die during minority or in a state of insanity.
The father has the right to institute an action before the regular courts to prove non-filiation during his lifetime.236 The effects of legitimation shall retroact to the time of the child's birth. 181 239 Art.232 Illegitimate children shall use the surname and shall be under the parental authority of their mother. 177 235 Art.231 in which case the action may be brought during the lifetime of the alleged parent. The legitime of each illegitimate child shall consist of one-half (1/2) of the legitime of a legitimate child. 179 237 Art.235 Legitimated children shall enjoy the same rights as legitimate children. as amended by R.A. at the time of the conception of the former. However. were not disqualified by any impediment to marry each other may be legitimated. 176. and shall be entitled to support.230 except when the action is based on the second paragraph of Article 172. 182 48 . or when an admission in a public document or private handwritten instrument is made by the father. 232 Art.239 230 231 supra Ibid. 9255 234 Art. 175 233 Art.234 Legitimation shall take place by a subsequent valid marriage between parents. within five years from the time their cause of action accrues. 180 238 Art.238 Legitimation may be impugned only by those who are prejudiced in their rights.237 The legitimation of children who died before the celebration of the marriage shall benefit their descendants. The annulment of a voidable marriage shall not affect the legitimation. illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register.233 Only children conceived and born outside of wedlock of parents who. 178 236 Art. The action must be brought within the same period specified in Article 173.Illegitimate Children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children.
or to and from place of work. 8552)240 B.245 In case of legitimate ascendants.A. in keeping with the financial capacity of the family. Support Comprises everything indispensable for sustenance. only the separate property 240 241 see Reference Ibid. education and transportation. 196 49 . Transportation shall include expenses in going to and from school. whether of full or half-blood243 Brothers and sisters not legitimately related. descendants. The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession. Adoption A. is due to a cause imputable to the claimant's fault or negligence. 242 Art.VIII.Country Adoption Act of 1995241 IX. dwelling. except only when the need for support of the brother or sister. (3) Parents and their legitimate children and the legitimate and illegitimate children of the latter. (1) The spouses. 195 244 supra 245 Art. whether of the full or half-blood. (2) Legitimate ascendants and descendants. whether legitimately or illegitimately related. even beyond the age of majority. (4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter. and brothers and sisters. clothing. medical attendance. are likewise bound to support each other to the full extent set forth in Article 194244. and (5) Legitimate brothers and sisters.242 Who are Obliged. Domestic Adoption Act of 1998 (R. Inter. whether legitimate or illegitimate. trade or vocation. No. 194 243 Art. being of age.
247 When the obligation to give support falls upon two or more persons. the judge may order only one of them to furnish the support provisionally. and (4) The brothers and sisters. in which case the child shall be preferred.248 When. should the latter not have sufficient means to satisfy all claims. the latter shall have a right to claim the same from the former. 200 249 Art.of the person obliged to give support shall be answerable provided that in case the obligor has no separate property. which shall be deducted from the share of the spouse obliged upon the liquidation of the absolute community or of the conjugal partnership. When two or more recipients at the same time claim support from one and the same person legally obliged to give it. (2) The descendants in the nearest degree. it is given by a stranger. the excess in amount beyond that required for legal support shall be subject to levy on attachment or execution. the payment of the same shall be divided between them in proportion to the resources of each. 206 250 Art. 207 50 . However.250 In case of contractual support or that given by will. if financially capable. without prejudice to his right to claim from the other obligors the share due from them. unless the concurrent obligees should be the spouse and a child subject to parental authority. (3) The ascendants in the nearest degree. in case of urgent need and by special circumstances. unless it appears that he gave it without intention of being reimbursed. 246 247 Art. the absolute community or the conjugal partnership. the order established in the preceding article shall be followed. without the knowledge of the person obliged to give support. the liability shall devolve upon the following persons in the order herein provided: (1) The spouse. This shall particularly apply when the father or mother of a child under the age of majority unjustly refuses to support or fails to give support to the child when urgently needed.249 When the person obliged to support another unjustly refuses or fails to give support when urgently needed by the latter. 199 248 Art. 197 Art. shall advance the support.246 Whenever two or more persons are obliged to give support. any third person may furnish support to the needy individual. with right of reimbursement from the person obliged to give support.
contractual support shall be subject to adjustment whenever modification is necessary due to changes of circumstances manifestly beyond the contemplation of the parties. 198 253 Art.254 When Demandable: From the time the person who has a right to receive the same needs it for maintenance. the obligation of mutual support between the spouses ceases.255 The person obliged to give support shall have the option to fulfill the obligation either by paying the allowance fixed. specifying the terms of such order. 208 Art. 204 51 . his heirs shall not be obliged to return what he has received in advance. but it shall not be paid except from the date of judicial or extrajudicial demand Support pendente lite may be claimed in accordance with the Rules of Court. according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same.252 The amount shall be in proportion to the resources or means of the giver and to the necessities of the recipient. However. in case of legal separation. 202 255 Art.253 Support shall be reduced or increased proportionately. Payment shall be made within the first five (5) days of each corresponding month or when the recipient dies. or by receiving and maintaining in the family dwelling the person who has a right to receive support. the court may order that the guilty spouse shall give support to the innocent one.256 251 252 Art. The latter alternative cannot be availed of in case there is a moral or legal obstacle thereto. 203 256 Art. 254 Art.251 The spouses and their children shall be supported from the properties of the absolute community or the conjugal partnership. 201.Furthermore. After the final judgment granting the petition.
261 In case of separation of the parents. 212 262 Art. 213 263 Art. the parent present shall continue exercising parental authority. unless there is a judicial order to the contrary. mental and physical character and well-being. 209 259 Art. shall exercise the authority.262 In case of death.263 257 258 Art. 210 260 Art. unless the court appoints another person to be the guardian of the person or property of the children. absence or unsuitability of the parents. the one designated by the court. parental authority and responsibility shall include the caring for and rearing them for civic consciousness and efficiency and the development of their moral.258 Parental authority and responsibility may not be renounced or transferred except in the cases authorized by law. 214 52 .The right to receive support as well as any money or property obtained as such support shall not be levied upon on attachment or execution. substitute parental authority shall be exercised by the surviving grandparent. Parental Authority Pursuant to the natural right and duty of parents over the person and property of their unemancipated children. taking into account the same consideration mentioned in the preceding article. In case of disagreement. the father's decision shall prevail. unless the parent chosen is unfit. 211 261 Art.257 X. Children shall always observe respect and reverence towards their parents and are obliged to obey them as long as the children are under parental authority.260 In case of absence or death of either parent. especially the choice of the child over seven years of age. In case several survive.259 The father and the mother shall jointly exercise parental authority over the persons of their common children. parental authority shall be exercised by the parent designated by the Court. 205 Art. The remarriage of the surviving parent shall not affect the parental authority over the children. The Court shall take into account all relevant considerations.
218 53 . its administrators and teachers. orphanages and similar institutions duly accredited by the proper government agency.267 The school. The respective liabilities of those referred to in the preceding paragraph shall not apply if it is proved that they exercised the proper diligence required under the particular circumstances.265 (2) The oldest brother or sister. over twenty-one years of age. Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school. over twenty-one years of age. and (3) The child's actual custodian. parental authority shall be entrusted in summary judicial proceedings to heads of children's homes.No descendant shall be compelled. instruction or custody. The parents. 215 supra 266 Art. unless unfit or disqualified. abandoned neglected or abused children and other children similarly situated. in a criminal case. 264 265 Art. judicial guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable. 216 267 Art. except when such testimony is indispensable in a crime against the descendant or by one parent against the other. the same order of preference shall be observed. 217 268 Art. entity or institution. unless unfit or disqualified.264 The following persons shall exercise substitute parental authority over the child in the order indicated: (1) The surviving grandparent.268 Those given the authority and responsibility under the preceding Article shall be principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. or the individual. 214. as provided in Art. to testify against his parents and grandparents. entity or institution engaged in child are shall have special parental authority and responsibility over the minor child while under their supervision.266 In case of foundlings. Whenever the appointment or a judicial guardian over the property of the child becomes necessary.
270 Parents and other persons exercising parental authority shall be civilly liable for the injuries and damages caused by the acts or omissions of their unemancipated children living in their company and under their parental authority subject to the appropriate defenses provided by law.271 The courts may appoint a guardian of the child's property or a guardian ad litem when the best interests of the child so requires. (4) To furnish them with good and wholesome educational materials. protect them from bad company. inculcate in them honesty. supervise their activities. (2) To give them love and affection. (3) To provide them with moral and spiritual guidance. and inspire in them compliance with the duties of citizenship. stimulate their interest in civic affairs. recreation and association with others. and prevent them from acquiring habits detrimental to their health. the individual. 220 271 Art.All other cases not covered by this and the preceding articles shall be governed by the provisions of the Civil Code on quasi-delicts. and (8) To perform such other duties as are imposed by law upon parents and guardians. entity or institution exercising parental authority. (6) To demand from them respect and obedience. (7) To impose discipline on them as may be required under the circumstances. in their absence or incapacity.272 The parents or.269 The parents and those exercising parental authority shall have. the following rights and duties: (1) To keep them in their company. may petition the proper court of the place where the child 269 270 Art. self-discipline. integrity. (5) To represent them in all matters affecting their interests. 222 54 . educate and instruct them by right precept and good example. to support. self-reliance. industry and thrift. advice and counsel. 221 272 Art. and to provide for their upbringing in keeping with their means. 219 Art. with the respect to their unemancipated children on wards. studies and morals. companionship and understanding.
for an order providing for disciplinary measures over the child. unless there is a judicial order to the contrary. the father's decision shall prevail. but not less than ten per centum (10%) of the value of the property or annual income. 224 275 Art. Where the market value of the property or the annual income of the child exceeds P50. in which case the ordinary rules on guardianship shall apply. The ordinary rules on guardianship shall be merely suppletory except when the child is under substitute parental authority. the parent concerned shall be required to furnish a bond in such amount as the court may determine. or. or when the circumstances so warrant. if the child resides in a foreign country. 223 Art. the court may terminate the commitment of the child whenever just and proper. or the guardian is a stranger. either of his choice or appointed by the court. 225 55 . Upon proper petition or at its own instance. in the proper court of the place where the property or any part thereof is situated.273 The measures referred to in the preceding article may include the commitment of the child for not more than thirty days in entities or institutions engaged in child care or in children's homes duly accredited by the proper government agency. and a summary hearing shall be conducted wherein the petitioner and the child shall be heard. to guarantee the performance of the obligations prescribed for general guardians. irrespective of the merits of the petition. A verified petition for approval of the bond shall be filed in the proper court of the place where the child resides. the court may also order the deprivation or suspension of parental authority or adopt such other measures as it may deem just and proper.275 273 274 Art.000. In case of disagreement. The petition shall be docketed as a summary special proceeding in which all incidents and issues regarding the performance of the obligations referred to in the second paragraph of this Article shall be heard and resolved.274 The father and the mother shall jointly exercise legal guardianship over the property of the unemancipated common child without the necessity of a court appointment. or a parent has remarried. The child shall be entitled to the assistance of counsel. The parent exercising parental authority shall not interfere with the care of the child whenever committed but shall provide for his support. if in the same proceeding the court finds the petitioner at fault.resides. However.
228 279 unless subsequently revived by a final judgment 280 Art. unless the owner. The child shall be given a reasonable monthly allowance in an amount not less than that which the owner would have paid if the administrator were a stranger. (2) Upon appointment of a general guardian. In any case. 229 56 .278 Parental authority also terminates:279 (1) Upon adoption of the child. (4) Upon final judgment of a competent court divesting the party concerned of parental authority. (3) Upon judicial declaration of abandonment of the child in a case filed for the purpose.277 Parental authority terminates permanently: (1) Upon the death of the parents. The right of the parents over the fruits and income of the child's property shall be limited primarily to the child's support and secondarily to the collective daily needs of the family.276 If the parents entrust the management or administration of any of their properties to an unemancipated child. 227 278 Art. the proceeds thus give in whole or in part shall not be charged to the child's legitime. or (3) Upon emancipation of the child. or (5) Upon judicial declaration of absence or incapacity of the person exercising parental authority.280 276 277 Art. (2) Upon the death of the child. grants the entire proceeds to the child. the net proceeds of such property shall belong to the owner. 226 Art. unless the title or transfer provides otherwise.The property of the unemancipated child earned or acquired with his work or industry or by onerous or gratuitous title shall belong to the child in ownership and shall be devoted exclusively to the latter's support and education.
284 Include: Child Abuse Law (R.283 The person exercising substitute parental authority shall have the same authority over the person of the child as the parents. such person shall be permanently deprived by the court of such authority. No. The suspension or deprivation may be revoked and the parental authority revived in a case filed for the purpose or in the same proceeding if the court finds that the cause therefor has ceased and will not be repeated. the court shall deprive the guilty party of parental authority or adopt such other measures as may be proper under the circumstances. 231 283 Art. (3) Compels the child to beg. 7610) 281 282 Art. 230 Art. teacher of individual engaged in child care exercising special parental authority inflict corporal punishment upon the child. 233 57 .281 The court in an action filed for the purpose in a related case may also suspend parental authority if the parent or the person exercising the same: (1) Treats the child with excessive harshness or cruelty. If the degree of seriousness so warrants. counsel or example. The authority is automatically reinstated upon service of the penalty or upon pardon or amnesty of the offender. or (4) Subjects the child or allows him to be subjected to acts of lasciviousness. or the welfare of the child so demands. The grounds enumerated above are deemed to include cases which have resulted from culpable negligence of the parent or the person exercising parental authority. 232 284 Art. (2) Gives the child corrupting orders.A. In no case shall the school administrator.282 If the person exercising parental authority has subjected the child or allowed him to be subjected to sexual abuse.Parental authority is suspended upon conviction of the parent or the person exercising the same of a crime which carries with it the penalty of civil interdiction.
The petition shall attach the proposed deed. if none. 287 Art.288 XII.291 Jurisdiction over the petition shall.A. and incidents involving parental authority. or (2) By the recording in the Civil Register of an agreement in a public instrument executed by the parent exercising parental authority and the minor at least eighteen years of age. or in the 285 286 Arts. shall describe in detail the said transaction and state the reason why the required consent thereto cannot be secured. and. abandonment by one of the other. a verified petition may be filed in court alleging the foregoing facts. if any. except costs of the proceedings.289 When a husband and wife are separated in fact. 236 289 Art. may be litigated only in a separate action.A. 6809 288 Art. Family Code as amended by R.287 Emancipation for any cause shall terminate parental authority over the person and property of the child who shall then be qualified and responsible for all acts of civil life. majority commences at the age of twenty-one years. upon proof of notice to the other spouse. 6809 which lowered the age of majority Unless otherwise provided. 239 291 Art. Summary Judicial Proceedings in Family Law Cases The procedural rules provided for shall apply as regards separation in fact between husband and wife. as amended by R.XI. if one exists. Such emancipation shall be irrevocable. No. 234. or one has abandoned the other and one of them seeks judicial authorization for a transaction where the consent of the other spouse is required by law but such consent is withheld or cannot be obtained.286 Emancipation also takes place: (1) By the marriage of the minor. 240 58 . Emancipation285 Emancipation takes place by the attainment of majority. be exercised by the proper court authorized to hear family cases. embodying the transaction. 238 290 Art. In any case.290 Claims for damages by either spouse. the final deed duly executed by the parties shall be submitted to and approved by the court. 234 and 236.
The notice shall be accompanied by a copy of the petition and shall be served at the last known address of the spouse concerned. the attendance of the non-consenting spouse is not secured. the parties may be assisted by counsel at the succeeding conferences and hearings.299 292 293 Art.294 In case of non-appearance of the spouse whose consent is sought. 246 298 Art. the judge shall endeavor to protect the interests of the non-appearing spouse. the court shall inquire into the reasons for his failure to appear. despite all efforts. the court shall notify the other spouse. After the initial conference. ordering said spouse to show cause why the petition should not be granted. on or before the date set in said notice for the initial conference.298 The petition for judicial authority to administer or encumber specific separate property of the abandoning spouse and to use the fruits or proceeds thereof for the support of the family shall also be governed by these rules. If testimony is needed. In any case. if the court deems it useful. 248 59 .297 The judgment of the court shall be immediately final and executory. of said petition. directing the parties to present said witnesses. whose consent to the transaction is required. 245 297 Art. said petition shall be decided in a summary hearing on the basis of affidavits.296 If the petition is not resolved at the initial conference. and shall require such appearance. 244 296 Art. 247 299 Art.292 Upon the filing of the petition. the court may proceed ex parte and render judgment as the facts and circumstances may warrant. if possible. 295 Art.295 If.regional trial court or its equivalent sitting in the place where either of the spouses resides. 242 294 Art. 243.293 A preliminary conference shall be conducted by the judge personally without the parties being assisted by counsel. 241 Art. the court shall specify the witnesses to be heard and the subject-matter of their testimonies. documentary evidence or oral testimonies at the sound discretion of the court.
the oldest shall be preferred. the individuals. the paternal shall have a better right.310 300 301 supra Art.303 The rules in Chapter 2304 hereof shall also govern summary proceedings under this Chapter insofar as they are applicable. 305 309 Art. 256 307 See Reference 308 Art. in their absence or incapacity. or of brothers and sisters. under article 294. 307 60 . In case of doubt.308 Every funeral shall be in keeping with the social position of the deceased.305 XIII.Petitions filed under Articles 223.306 XIV.309 The funeral shall be in accordance with the expressed wishes of the deceased. 250 303 Art. entities or institutions exercising parental authority over the child. his religious beliefs or affiliation shall determine the funeral rites. In case of ascendants. Retroactivity of the Family Code Insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code or other laws. Funerals The duty and the right to make arrangements for the funeral of a relative shall be in accordance with the order established for support. 306 310 Art. 251 304 Separation in Fact 305 Art.301 Such petitions shall be verified and filed in the proper court of the place where the child resides. 225 and 235300 of this Code involving parental authority shall be verified. the form of the funeral shall be decided upon by the person obliged to make arrangements for the same. 249 302 Art. 252 306 Art.302 Upon the filing of the petition.307 In case of descendants of the same degree. In the absence of such expression. after consulting the other members of the family. the court shall notify the parents or.
interred. and shall be chargeable to the conjugal partnership property. material and moral. disposed of or exhumed without the consent of the persons mentioned in articles 294 and 305. 366 317 Art.318 Children conceived before the decree annulling a voidable marriage shall principally use the surname of the father. 310 314 Art. 305. 308. 365 316 Art.314 An adopted child shall bear the surname of the adopter. if the deceased is one of the spouses. or (2) Her maiden first name and her husband's surname or 311 312 Art. 309 313 Art.No human remains shall be retained. or wrongfully interferes with a funeral shall be liable to the family of the deceased for damages.319 A married woman may use: (1) Her maiden first name and surname and add her husband's surname. 369 61 . 368 319 Art.313 XV. 364 315 Art. a natural child shall employ the surname of the recognizing parent.316 father. Use of Surnames Legitimate and legitimated children shall principally use the surname of the father.311 Any person who shows disrespect to the dead.312 The construction of a tombstone or mausoleum shall be deemed a part of the funeral expenses. 317 Natural children by legal fiction shall principally employ the surname of the Illegitimate children referred to in article 287 shall bear the surname of the mother.315 A natural child acknowledged by both parents shall principally use the surname of the father. If recognized by only one of the parents. 367 318 Art. supra Art. Art.
9048. 370 Art."320 In case of annulment of marriage. and so on.323 In case of identity of names and surnames. and the wife is the guilty party. 378 62 . 371 322 Art.326 Usurpation of a name and surname may be the subject of an action for damages and other relief. 372 323 Art. Grandsons and other direct male descendants shall either: (1) Add a middle name or the mother's surname. 376. If she is the innocent spouse. the younger person shall be obliged to use such additional name or surname as will avoid confusion.327 The unauthorized or unlawful use of another person's surname gives a right of action to the latter. she shall resume her maiden name and surname. However. the word "Junior" can be used only by a son. or (2) She or the former husband is married again to another person. she may resume her maiden name and surname.A. such as "Mrs. 374 325 Art. 375 326 Art. amended by R. the wife shall continue using her name and surname employed before the legal separation. 377 328 Art. in accordance with article 370.328 320 321 Art. infra 327 Art.(3) Her husband's full name. unless: (1) The court decrees otherwise. or (2) Add the Roman numerals II.322 A widow may use the deceased husband's surname as though he were still living. III. 373 324 Art.321 When legal separation has been granted. she may choose to continue employing her former husband's surname.325 No person can change his name or surname without judicial authority.324 In case of identity of names and surnames between ascendants and descendants. but prefixing a word indicating that she is his wife.
The employment of pen names or stage names is permitted. provided it is done in good faith and there is no injury to third persons.333 The following shall be entered in the civil register: (1) Births. 41. events and judicial decrees concerning the civil status of persons shall be recorded in the civil register. whoever alleges the death of one prior to the other. an absence of only two years shall be sufficient. (3) deaths. unless before the celebration of the subsequent marriage. (4) legal separations. CC 332 Art.331 A marriage contracted by any person during subsistence of a previous marriage shall be null and void. it is presumed that they died at the same time and there shall be no transmission of rights from one to the other. 379 Art. 380 331 Art. the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee. no person shall use different names and surnames. For the purpose of contracting the subsequent marriage. as between two or more persons who are called to succeed each other. (6) judgments declaring marriages void from the beginning. without prejudice to the effect of reappearance of the absent spouse. the prior spouse had been absent for four consecutive years and the spouse present has a wellfounded belief that the absent spouse was already dead.332 XVII. as to which of them died first.330 XVI. shall prove the same. Absence If there is a doubt. 407 63 . Civil Registrar Acts. FC 333 Art. 329 330 Art.329 Except as provided in the preceding article. (5) annulments of marriage. in the absence of proof. (2) marriages. 43. Pen names and stage names cannot be usurped. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code.
without a judicial order.(7) legitimations.339 334 335 Art.335 The books making up the civil register and all documents relating thereto shall be considered public documents and shall be prima facie evidence of the facts therein contained. and (16) changes of name. it shall be the duty of the clerk of the court which issued the decree to ascertain whether the same has been registered.338 All other matters pertaining to the registration of civil status shall be governed by special laws. (13) civil interdiction. (14) judicial determination of filiation. However. to any person suffering damage thereby. or (12) recovery of citizenship. naturalization and other judicial orders mentioned in the preceding article. adoption. (11) loss. and if this has not been done. 411 338 Art. to send a copy of said decree to the civil registry of the city or municipality where the court is functioning. 408 Art. 410 337 Art. (9) acknowledgments of natural children. (10) naturalization.336 Every civil registrar shall be civilly responsible for any unauthorized alteration made in any civil register.337 No entry in a civil register shall be changed or corrected. 413 64 . (15) voluntary emancipation of a minor. 409 336 Art.334 In cases of legal separation. 412 339 Art. the civil registrar may exempt himself from such liability if he proves that he has taken every reasonable precaution to prevent the unlawful alteration. (8) adoptions.
constructions (adhered to the soil). Classification341 Immovables or real342 Movables343 a) By nature – those which cannot be General Rule: All things which can be carried from place to place. Lands. buildings.344 transported from place to place without impairment of the real property to which 1. 346 Pars. Immovable . roads and they are fixed. Mixed/semi-movable . c. it can exist by itself. Trees. Obligations and actions which have 340 that is. 3 & 7 65 . 342 Art. In parts: forces of nature which are 1. while they are attached to the land or form an integral part of an immovable. Movable – excluded from the enumeration of immovable and can be moved from place to place without damage thereto. appropriation which are not included in the while the matter thereof forms part of the enumeration of immovables. Special: real property which by any b) By incorporation – essentially movables special provisions of law is considered as but are attached to an immovable in a fixed personalty. bed. Individuality or substantivity340 II. 415 343 Art.PROPERTY I. b. Susceptibility of appropriation 3. and waters either running or stagnant. a. to the soil may be considered movable.those which move by themselves (both immovable and movable in nature). and not merely as a part of the whole. plants and growing fruits brought under control by science.cannot be transferred from place to place. manner to be an integral part thereof. hence. 416 to 417 344 Pars. Mines.346 b. 1 & 8 345 The materials constituting a building which is the subject of demolition are movable.345 Exclusions: those movables susceptible of 2. quarries and slag dumps. A structure which is merely superimposed. Characteristics 1. not adhered. 2. the human hair becomes property only when it is detached from the hair 341 Tests: a. Utility for the satisfaction of moral and economic wants 2. c.
and which tend directly to meet the needs of such industry or works. Fertilizers actually used on a piece of land. 347 348 Rex vinta Indirect utility 349 Direct utility 66 . reliefs painting or other objects for use or ornamentation.for their object movables351 or demandable 2. Animal houses or breeding places. by the owner of the immovable in such a manner that it reveals the intention to attach them permanently to the tenements. Statutes.347 3. c) By destination – essentially movables but are placed in an immovable as an added utility. 1. lake or coast. instruments or implements intended by the owner of the tenement for an industry or works which may be carried on in a building or land.348 2. are intended by their nature and object to remain at a fixed place on a river.349 3. object. and the animals in these places. Machinery. Everything attached to an immovable sums. 4. though floating. Shares of stocks or interests in breaking the material or deterioration of the juridical entities. in case the owner has placed or preserved them with the intention to attach them permanently to the land. Docks and structures which.352 in a fixed manner in such a way that it cannot be separated therefrom without d. placed in a building or on lands.
3. 2.d) By analogy .355 Every owner may enclose or fence his land or tenements by means of walls. For this purpose. if the interference is necessary to avert an imminent danger and the threatened 351 352 corporeal or intangible These are really personal rights because they have a definite passive subject (e. 430 357 Art. or by any other means without detriment to servitudes constituted thereon.356 The owner of a thing cannot make use thereof in such manner as to injure the rights of a third person.350 1. intellectual property).354 The owner has also a right of action against the holder and possessor of the thing in order to recover it. live or dead hedges. he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property. Real rights over immovable property. Contracts for public works. 10 353 Art. 428 355 Art.357 The owner of a thing has no right to prohibit the interference of another with the same. without other limitations than those established by law. Ownership Ownership may be exercised over things or rights. The owner or lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof. III.classified by express provision of law because it is regarded as united to the immovable property.g. 427 354 Art. 429 356 Art. Servitudes.353 The owner has the right to enjoy and dispose of a thing. ditches. 431 67 . 350 Par.
If the things found be of interest to science of the arts. building. in a proper case. is much greater. and by chance.358 Actual possession under claim of ownership raises disputable presumption of ownership. and he can construct thereon any works or make any plantations and excavations which he may deem proper. Should this requirement be not first complied with. the property must be identified.361 When any property is condemned or seized by competent authority in the interest of health. without detriment to servitudes and subject to special laws and ordinances. he shall not be entitled to any share of the treasure. one-half thereof shall be allowed to the finder. 438 68 . or other property on which it is found.362 The owner of a parcel of land is the owner of its surface and of everything under it. 432 Art. 433 360 Art. the owner thereof shall not be entitled to compensation. The owner may demand from the person benefited indemnity for the damage to him.364 Nevertheless. The true owner must resort to judicial process for the recovery of the property.363 Hidden treasure belongs to the owner of the land. unless he can show that such condemnation or seizure is unjustified. safety or security. the State may acquire them at their just price. when the discovery is made on the property of another.359 In an action to recover. 436 363 Art. 435 362 Art.360 No person shall be deprived of his property except by competent authority and for public use and always upon payment of just compensation. He cannot complain of the reasonable requirements of aerial navigation. 434 361 Art. restore the owner in his possession. or of the State or any of its subdivisions. compared to the damage arising to the owner from the interference. 437 364 Art. 358 359 Art. If the finder is a trespasser. the courts shall protect and. and the plaintiff must rely on the strength of his title and not on the weakness of the defendant's claim.damage. which shall be divided in conformity with the rule stated.
367 Natural fruits are the spontaneous products of the soil.370 Whatever is built. any hidden and unknown deposit of money. 445 69 . either naturally or artificially. labor. planted or sown on the land of another and the improvements or repairs made thereon. 440 367 Art. the price of leases of lands and other property and the amount of perpetual or life annuities or other similar income. 439 Art. or other precious objects. and preservation. gathering. subject to the provisions of the following articles. Industrial fruits are those produced by lands of any kind through cultivation or Civil fruits are the rents of buildings. 444 371 Art. Accession The ownership of property gives the right by accession to everything which is produced thereby. or which is incorporated or attached thereto. it is sufficient that they are in the womb of the mother.365 IV. belong to the owner of the land.By treasure is understood. (2) The industrial fruits. With respect to animals. 441 368 Art.368 He who receives the fruits has the obligation to pay the expenses made by a third person in their production.369 Only such as are manifest or born are considered as natural or industrial fruits.366 To the owner belongs: (1) The natural fruits. although unborn. for legal purposes.371 365 366 Art. jewelry. 443 370 Art. and the young and other products of animals. the lawful ownership of which does not appear. (3) The civil fruits. 442 369 Art.
374 Art. plantings. However. or he may compel the builder or planter to pay the price of the land.375 The owner of the land on which anything has been built. the court shall fix the terms thereof. shall have the right to appropriate as his own the works. the landowner is entitled to damages from the builder. In such case. the builder or planter cannot be obliged to buy the land if its value is considerably more than that of the building or trees. or without the plantings. constructions or works being destroyed. 446 Art. unless the contrary is proved. planted or sowed.372 The owner of the land who makes thereon. planter or sower in bad faith is entitled to reimbursement for the necessary expenses of preservation of the land. if the owner of the land does not choose to appropriate the building or trees after proper indemnity. or that the planting or sowing be removed. if the landowner acted in bad faith.377 The builder. 449 376 Art. 452. 450 377 Art. he shall pay reasonable rent. However.All works. constructions or works with the materials of another. planted or sown without right to indemnity. after payment of the indemnity provided for in Articles 546 and 548. 447. the owner of the materials may remove them in any event. 451 378 Art. and. and planting are presumed made by the owner and at his expense. 448 375 Art. The owner of the materials shall have the right to remove them only in case he can do so without injury to the work constructed. 70 . shall pay their value. and the one who sowed. loses what is built. and the sower the proper rent. planter or sower.373 The owner of the land on which anything has been built. or to oblige the one who built or planted to pay the price of the land. sown or planted in good faith.374 He who builds. planted or sown in bad faith may demand the demolition of the work. The parties shall agree upon the terms of the lease and in case of disagreement.378 372 373 Art.376 In the cases of the two preceding articles. in order to replace things in their former condition at the expense of the person who built. sowing or planting. plants or sows in bad faith on the land of another. the proper rent. if he acted in bad faith. with a right to be indemnified for damages. he shall also be obliged to the reparation of damages. personally or through another. sowing.
the owner of the land to which the segregated portion belonged retains the ownership of it. provided that he removes the same within two years. If the owner of the materials. plants or seeds has been paid by the builder. 456 383 Art. creek or torrent segregates from an estate on its bank a known portion of land and transfers it to another estate. 455 382 Art.383 The owners of estates adjoining ponds or lagoons do not acquire the land left dry by the natural decrease of the waters.381 This provision shall not apply if the owner makes use of the right granted by article 450. if the owners do not claim them within six 379 380 Art. planter or sower proceeded in good faith.385 Trees uprooted and carried away by the current of the waters belong to the owner of the land upon which they may be cast.384 Whenever the current of a river. 458 385 Art.379 When the landowner acted in bad faith and the builder. not only on the part of the person who built. or lose that inundated by them in extraordinary floods. 453 Art.380 If the materials. plants or seeds belong to a third person who has not acted in bad faith. 459 71 . the latter may demand from the landowner the value of the materials and labor. 454 381 Art. the owner of the land shall answer subsidiarily for their value and only in the event that the one who made use of them has no property with which to pay. the rights of one and the other shall be the same as though both had acted in good faith. 457 384 Art. which gives right to damages under article 2176.If there was bad faith. the provisions of article 447 shall apply. planter or sower. but also on the part of the owner of such land. good faith does not necessarily exclude negligence. In the cases regulated in the preceding articles. It is understood that there is bad faith on the part of the landowner whenever the act was done with his knowledge and without opposition on his part.382 To the owners of lands adjoining the banks of rivers belong the accretion which they gradually receive from the effects of the current of the waters. planted or sowed on the land of another.
460 Art. leaving a piece of land or part thereof isolated. 467 72 . 466 393 Art. or to the owners of both margins if the island is in the middle of the river. the thing of the greater value shall be so considered. He also retains it if a portion of land is separated from the estate by the current. the owners of the lands adjoining the old bed shall have the right to acquire the same by paying the value thereof. this bed shall become of public dominion. However.393 If it cannot be determined by the rule given in the preceding article which of the two things incorporated is the principal one. they shall pay the expenses incurred in gathering them or putting them in a safe place. is deemed to be that to which the other has been united as an ornament. If such owners claim them. indemnifying the former owner thereof for its value. 462 389 Art.390 Islands which through successive accumulation of alluvial deposits are formed in non-navigable and non-floatable rivers. opens a new bed through a private estate. or for its use or perfection.391 Whenever two movable things belonging to different owners are. 465 392 Art. united in such a way that they form a single object. which value shall not exceed the value of the area occupied by the new bed. on lakes.387 Whenever a river. belong to the owners of the margins or banks nearest to each of them. that of the greater volume.388 Whenever the current of a river divides itself into branches. as between two things incorporated. the owner of the nearer margin shall be the sole owner thereof. 463 390 Art. 386 387 Art. If a single island thus formed be more distant from one margin than from the other. and on navigable or floatable rivers belong to the State. the owner of the land retains his ownership.389 Islands which may be formed on the seas within the jurisdiction of the Philippines.months.392 The principal thing. and as between two things of equal value. changing its course by natural causes. in which case it shall be divided longitudinally in halves. 461 388 Art. the owner of the principal thing acquires the accessory. without bad faith. 464 391 Art.386 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.
each owner shall acquire a right proportional to the part belonging to him. canvas. is much more precious than the principal thing. the rights of the owners shall be determined by the provisions of the preceding article. even though for this purpose it be necessary to destroy the principal thing. or else in the price thereof.In painting and sculpture. 472 73 . according to expert appraisal. and in the latter case the things are not separable without injury. even though the thing to which it has been incorporated may suffer some injury. the owner of the former may demand its separation. their respective rights shall be determined as though both acted in good faith. If the one who has acted in bad faith is the owner of the principal thing. or if the mixture occurs by chance. and in both cases. 470 397 Art. to that employed. stone.394 Whenever the things united can be separated without injury. in case the thing united for the use. 394 395 Art. but in good faith. engraving and lithographs. bearing in mind the value of the things mixed or confused. If either one of the owners has made the incorporation with the knowledge and without the objection of the other.396 Whenever the owner of the material employed without his consent has a right to an indemnity. the owner of the accessory thing shall have a right to choose between the former paying him its value or that the thing belonging to him be separated. he shall lose the thing incorporated and shall have the obligation to indemnify the owner of the principal thing for the damages he may have suffered.395 Whenever the owner of the accessory thing has made the incorporation in bad faith. the board. 471 398 Art. writings.398 If by the will of only one owner.397 If by the will of their owners two things of the same or different kinds are mixed. two things of the same or different kinds are mixed or confused. metal. and in all other respects. printed matter. furthermore. 469 396 Art. paper or parchment shall be deemed the accessory thing. Nevertheless. he may demand that this consist in the delivery of a thing equal in kind and value. there shall be indemnity for damages. embellishment or perfection of the other. their respective owners may demand their separation. 468 Art.
476 403 Art. he shall lose the thing belonging to him thus mixed or confused.401 V. the owner of the material shall have the right to appropriate the work to himself without paying anything to the maker.If the one who caused the mixture or confusion acted in bad faith. or has been barred by extinctive prescription. If in the making of the thing bad faith intervened. However. or demand indemnity for the material. 474 401 Art. or interest in the real property which is the subject matter of the action. If the material is more precious than the transformed thing or is of more value. indemnifying the owner of the material for its value. besides being obliged to pay indemnity for the damages caused to the owner of the other thing with which his own was mixed. is considerably more than that of the material. record. by reason of any instrument. ineffective. Quieting of Title to or Interest in and Removal or Prevention of Cloud over Title to or Interest in Real Property Whenever there is a cloud on title to real property or any interest therein. sentimental value shall be duly appreciated. An action may also be brought to prevent a cloud from being cast upon title to real property or any interest therein. claim.402 The plaintiff must have legal or equitable title to. 473. He need not be in possession of said property.399 One who in good faith employs the material of another in whole or in part in order to make a thing of a different kind. its owner may. at his option. appropriate the new thing to himself. or to demand of the latter that he indemnify him for the value of the material and the damages he may have suffered. encumbrance or proceeding which is apparently valid or effective but is in truth and in fact invalid. voidable. after first paying indemnity for the value of the work. the owner of the material cannot appropriate the work in case the value of the latter. and may be prejudicial to said title. Art.400 In the preceding articles. for artistic or scientific reasons. shall appropriate the thing thus transformed as his own.403 There may also be an action to quiet title or remove a cloud therefrom when the contract. 477 74 . an action may be brought to remove such cloud or to quiet the title. or unenforceable. 475 402 Art. instrument or other obligation has been extinguished or has terminated.404 399 400 Art.
shall be proportional to their respective interests.409 Each co-owner shall have a right to compel the other co-owners to contribute to the expenses of preservation of the thing or right owned in common and to the taxes.405 VI. first notify his co-owners of the necessity for such repairs. No such waiver shall be made if it is prejudicial to the co-ownership.The plaintiff must return to the defendant all benefits he may have received from the latter. 479 406 Art. express or implied. provided he does so in accordance with the purpose for which it is intended and in such a way as not to injure the interest of the co-ownership or prevent the other co-owners from using it according to their rights.408 Any one of the co-owners may bring an action in ejectment. Co-ownership There is co-ownership whenever the ownership of an undivided thing or right belongs to different persons. if practicable. Any stipulation in a contract to the contrary shall be void. in the benefits as well as in the charges. or reimburse him for expenses that may have redounded to the plaintiff's benefit.407 Each co-owner may use the thing owned in common. 487 410 Art. co-ownership shall be governed by the provisions of this Title. 478 Art. unless the contrary is proved. or of special provisions. 488 75 . The portions belonging to the co-owners in the co-ownership shall be presumed equal. Any one of the latter may exempt himself from this obligation by renouncing so much of his undivided interest as may be equivalent to his share of the expenses and taxes. 486 409 Art.410 Repairs for preservation may be made at the will of one of the co-owners. 484 407 Art. In default of contracts. Expenses to 404 405 Art. The purpose of the co-ownership may be changed by agreement. 485 408 Art.406 The share of the co-owners. but he must.
(2) Each owner shall bear the cost of maintaining the floor of his story. and so on successively. the stairs from the first to the second story shall be preserved at the expense of all. if the withholding of the consent by one or more of the co-owners is clearly prejudicial to the common interest. without the consent of the others. the courts may afford adequate relief. shall be preserved at the expense of all the owners in proportion to the value of the story belonging to each. common yard and sanitary works common to all. make alterations in the thing owned in common. with the exception of the owner of the ground floor. even though benefits for all would result therefrom. 489 Art. the court.411 Whenever the different stories of a house belong to different owners. (3) The stairs from the entrance to the first story shall be maintained at the expense of all the owners pro rata.413 For the administration and better enjoyment of the thing owned in common. except the owner of the ground floor and the owner of the first story.412 None of the co-owners shall. shall order such measures as it may deem proper. There shall be no majority unless the resolution is approved by the co-owners who represent the controlling interest in the object of the co-ownership.improve or embellish the thing shall be decided upon by a majority as determined in Article 492. shall be maintained at the expense of all the owners pro rata. 491 76 . the following rules shall be observed: (1) The main and party walls. the floor of the entrance. or should the resolution of the majority be seriously prejudicial to those interested in the property owned in common. Should there be no majority. 411 412 Art. 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 resolutions of the majority of the co-owners shall be binding. However. including the appointment of an administrator. 490 413 Art. at the instance of an interested party. front door. the roof and the other things used in common.
Partition shall be governed by the Rules of Court insofar as they are consistent with this Code. 493 416 Art. unless there has been fraud. But they cannot impugn any partition already executed. But the effect of the alienation or the mortgage. But the co-ownership may be terminated in accordance with Article 498. 496 77 . shall be limited to the portion which may be allotted to him in the division upon the termination of the coownership. This term may be extended by a new agreement.416 Notwithstanding the provisions of the preceding article. 494 417 Art. Each co-owner may demand at any time the partition of the thing owned in common. insofar as his share is concerned. with respect to the co-owners. when to do so would render it unserviceable for the use for which it is intended. assign or mortgage it. A donor or testator may prohibit partition for a period which shall not exceed twenty years. the preceding provision shall apply only to the part owned in common. shall be valid. not exceeding ten years.Whenever a part of the thing belongs exclusively to one of the co-owners. 495 418 Art. Nevertheless. and he may therefore alienate. Neither shall there be any partition when it is prohibited by law.415 No co-owner shall be obliged to remain in the co-ownership. and even substitute another person in its enjoyment. the co-owners cannot demand a physical division of the thing owned in common. 492 Art. an agreement to keep the thing undivided for a certain period of time. or in case 414 415 Art.414 Each co-owner shall have the full ownership of his part and of the fruits and benefits pertaining thereto.418 The creditors or assignees of the co-owners may take part in the division of the thing owned in common and object to its being effected without their concurrence. and the remainder is owned in common.417 Partition may be made by agreement between the parties or by judicial proceedings. No prescription shall run in favor of a co-owner or co-heir against his co-owners or co-heirs so long as he expressly or impliedly recognizes the co-ownership. except when personal rights are involved.
He is deemed a possessor in bad faith who possesses in any case contrary to the foregoing. 524 426 Art. each co-owner shall pay for damages caused by reason of his negligence or fraud. 499 422 Art. 523 425 Art.it was made notwithstanding a formal opposition presented to prevent it. servitude or any other real rights belonging to them before the division was made. it shall be sold and its proceeds distributed.426 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. be liable for defects of title and quality of the portion assigned to each of the other co-owners. 501 424 Art. 500 423 Art. notwithstanding the partition. 498 421 Art. Likewise. 525 78 . the ownership pertaining to another person.419 Whenever the thing is essentially indivisible and the co-owners cannot agree that it be allotted to one of them who shall indemnify the others. who shall retain the rights of mortgage. Personal rights pertaining to third persons against the coownership shall also remain in force.425 The possession of things or rights may be had in one of two concepts: either in the concept of owner. Possession Possession is the holding of a thing or the enjoyment of a right. there shall be a mutual accounting for benefits received and reimbursements for expenses made.421 Upon partition.424 Possession may be exercised in one's own name or in that of another. or in that of the holder of the thing or right to keep or enjoy it.422 Every co-owner shall.423 VII. 497 Art. 419 420 Art. after partition. without prejudice to the right of the debtor or assignor to maintain its validity.420 The partition of a thing owned in common shall not prejudice third persons.
434 One who validly renounces an inheritance is deemed never to have possessed the On who succeeds by hereditary title shall not suffer the consequences of the wrongful possession of the decedent. or by the fact that it is subject to the action of our will. without prejudice to the juridical consequences of negotiorum gestio in a proper case. or by the proper acts and legal formalities established for acquiring such right. and upon him who alleges bad faith on the part of a possessor rests the burden of proof. 532 434 Art. 427 Mistake upon a doubtful or difficult question of law may be the basis of good Good faith is always presumed. 529 431 Art. if it is not shown that he was aware of the flaws 427 428 Art.429 It is presumed that possession continues to be enjoyed in the same character in which it was acquired.433 The possession of hereditary property is deemed transmitted to the heir without interruption and from the moment of the death of the decedent. by his legal representative. in case the inheritance is accepted.428 Possession acquired in good faith does not lose this character except in the case and from the moment facts exist which show that the possessor is not unaware that he possesses the thing improperly or wrongfully.430 Only things and rights which are susceptible of being appropriated may be the object of possession. by his agent. 527 429 Art. or by any person without any power whatever: but in the last case. 531 433 Art. same. until the contrary is proved.431 Possession is acquired by the material occupation of a thing or the exercise of a right. 528 430 Art. the possession shall not be considered as acquired until the person in whose name the act of possession was executed has ratified the same. 526 Art.faith.432 Possession may be acquired by the same person who is to enjoy it. 533 79 . 530 432 Art.
in the action for forcible entry. 538 440 Art. Should a question arise regarding the fact of possession. and those executed clandestinely and without the knowledge of the possessor of a thing. 537 439 Art. and should he be disturbed therein he shall be protected in or restored to said possession by the means established by the laws and the Rules of Court.435 Minors and incapacitated persons may acquire the possession of things. the one longer in possession. He who believes that he has an action or a right to deprive another of the holding of a thing. if the holder should refuse to deliver the thing.affecting it. 540 80 . the present possessor shall be preferred.440 Only the possession acquired and enjoyed in the concept of owner can serve as a title for acquiring dominion. if there are two possessors. must invoke the aid of the competent court. do not affect possession. the thing shall be placed in judicial deposit pending determination of its possession or ownership through proper proceedings. but they need the assistance of their legal representatives in order to exercise the rights which from the possession arise in their favor.441 A possessor in the concept of owner has in his favor the legal presumption that he possesses with a just title and he cannot be obliged to show or prove it. a writ of preliminary mandatory injunction to restore him in his possession. if the dates of the possession are the same.438 Possession as a fact cannot be recognized at the same time in two different personalities except in the cases of co-possession. The court shall decide the motion within thirty (30) days from the filing thereof. the one who presents a title.436 In no case may possession be acquired through force or intimidation as long as there is a possessor who objects thereto. 539 441 Art. or by violence.439 Every possessor has a right to be respected in his possession. 535 437 Art. 536 438 Art. and if all these conditions are equal. but the effects of possession in good faith shall not benefit him except from the date of the death of the decedent. 534 Art. A possessor deprived of his possession through forcible entry may within ten days from the filing of the complaint present a motion to secure from the competent court.442 435 436 Art.437 Acts merely tolerated.
The owner of the thing may.444 A possessor in good faith is entitled to the fruits received before the possession is legally interrupted. 544 446 Art. 543 445 Art. there should be any natural or industrial fruits. should he so desire.445 If at the time the good faith ceases. 542 444 Art. give the possessor in good faith the right to finish the cultivation and gathering of the growing fruits. the possessor shall have a right to a part of the expenses of cultivation. The charges shall be divided on the same basis by the two possessors.447 442 443 Art. Civil fruits are deemed to accrue daily and belong to the possessor in good faith in that proportion. the possessor in good faith who for any reason whatever should refuse to accept this concession. However. shall lose the right to be indemnified in any other manner. 545 447 Art. the person who has defeated him in the possession having the option of refunding the amount of the expenses or of paying the increase in value which the thing may have acquired by reason thereof. in case of civil interruption.The possession of real property presumes that of the movables therein. as an indemnity for his part of the expenses of cultivation and the net proceeds. so long as it is not shown or proved that they should be excluded. but only the possessor in good faith may retain the thing until he has been reimbursed therefor. 541 Art.446 Necessary expenses shall be refunded to every possessor. 546 81 . the Rules of Court shall apply.443 Each one of the participants of a thing possessed in common shall be deemed to have exclusively possessed the part which may be allotted to him upon the division thereof. both in proportion to the time of the possession. for the entire period during which the co-possession lasted. Interruption in the possession of the whole or a part of a thing possessed in common shall be to the prejudice of all the possessors. and to a part of the net harvest. Useful expenses shall be refunded only to the possessor in good faith with the same right of retention. Natural and industrial fruits are considered received from the time they are gathered or severed.
after the judicial summons. in the absence of proof to the contrary.451 Improvements caused by nature or time shall always insure to the benefit of the person who has succeeded in recovering possession. 549 451 Art. the possessor in good faith may remove them. and that the lawful possessor does not prefer to retain them by paying the value they may have at the time he enters into possession. 550 452 Art. 551 453 Art.454 A present possessor who shows his possession at some previous time. 548 450 Art. and if his successor in the possession does not prefer to refund the amount expended.455 448 449 Art.450 The costs of litigation over the property shall be borne by every possessor. even if caused by a fortuitous event.449 The possessor in bad faith shall reimburse the fruits received and those which the legitimate possessor could have received. except in cases in which it is proved that he has acted with fraudulent intent or negligence. 547 Art. but he may remove the objects for which such expenses have been incurred.If the useful improvements can be removed without damage to the principal thing. A possessor in bad faith shall be liable for deterioration or loss in every case. 552 454 Art. provided that the thing suffers no injury thereby. and shall have a right only to the expenses mentioned in paragraph 1 of Article 546 and in Article 443.448 Expenses for pure luxury or mere pleasure shall not be refunded to the possessor in good faith.453 One who recovers possession shall not be obliged to pay for improvements which have ceased to exist at the time he takes possession of the thing. 553 455 Art. The expenses incurred in improvements for pure luxury or mere pleasure shall not be refunded to the possessor in bad faith. unless the person who recovers the possession exercises the option under paragraph 2 of the preceding article. 554 82 . is presumed to have held possession also during the intermediate period.452 A possessor in good faith shall not be liable for the deterioration or loss of the thing possessed. but he may remove the ornaments with which he has embellished the principal thing if it suffers no injury thereby.
A possessor may lose his possession: (1) By the abandonment of the thing. domesticated or tamed animals are considered domestic or tame if they retain the habit of returning to the premises of the possessor.460 Wild animals are possessed only while they are under one's control. 556 458 Art. 559 461 Art. 555 Art.458 Acts relating to possession. subject to the provisions of Article 537. except in accordance with the provisions of the Mortgage Law and the Land Registration laws. do not bind or prejudice the owner.461 456 457 Art. one who has lost any movable or has been unlawfully deprived thereof may recover it from the person in possession of the same. or ratifies them subsequently. or transferred for purposes of prescription to the prejudice of third persons. in any character. But the real right of possession is not lost till after the lapse of ten years.457 The possession of immovables and of real rights is not deemed lost. If the possessor of a movable lost or which the owner has been unlawfully deprived. or because it goes out of commerce. (2) By an assignment made to another either by onerous or gratuitous title. unless he gave said holder express authority to do such acts.456 The possession of movables is not deemed lost so long as they remain under the control of the possessor. 558 460 Art. if the new possession has lasted longer than one year. 560 83 . the owner cannot obtain its return without reimbursing the price paid therefor. executed or agreed to by one who possesses a thing belonging to another as a mere holder to enjoy or keep it.459 The possession of movable property acquired in good faith is equivalent to a title. 557 459 Art. (4) By the possession of another. Nevertheless. has acquired it in good faith at a public sale. (3) By the destruction or total loss of the thing. even though for the time being he may not know their whereabouts.
566 84 . and other similar expenses incurred by the usufructuary.463 Usufruct is constituted by law. 561 Art.462 VIII. but the owner shall be obliged to reimburse at the termination of the usufruct. provided it is not strictly personal or intransmissible. The provisions of this article shall not prejudice the rights of third persons. by the will of private persons expressed in acts inter vivos or in a last will and testament. 562 464 Art.465 The rights and obligations of the usufructuary shall be those provided in the title constituting the usufruct. shall be deemed for all purposes which may redound to his benefit. at the beginning of the usufruct. or in case it is deficient. belong to the owner. Usufruct Usufruct gives a right to enjoy the property of another with the obligation of preserving its form and substance. In the preceding cases. belong to the usufructuary. for seed. simultaneously or successively. from the proceeds of the growing fruits. and in every case from or to a certain day. acquired either at the beginning or at the termination of the usufruct. and by prescription. the ordinary expenses of cultivation. according to law. the provisions contained in the two following Chapters shall be observed. Those growing at the time the usufruct terminates. industrial and civil fruits of the property in usufruct. purely or conditionally. It may also be constituted on a right. 563 465 Art. unless the title constituting it or the law otherwise provides. has no obligation to refund to the owner any expenses incurred. in favor of one more persons. he shall be considered a stranger. in default of such title.468 462 463 Art.464 Usufruct may be constituted on the whole or a part of the fruits of the thing.467 Natural or industrial fruits growing at the time the usufruct begins. 565 467 Art.One who recovers. With respect to hidden treasure which may be found on the land or tenement. to have enjoyed it without interruption. 564 466 Art. the usufructuary.466 The usufructuary shall be entitled to all the natural. possession unjustly lost.
such benefits shall have the same character. lease it to another.If the usufructuary has leased the lands or tenements given in usufruct. and. and shall not be obliged to return them at the termination of the usufruct except in their condition at that time.473 Whenever the usufruct includes things which. each payment due shall be considered as the proceeds or fruits of such right. or alienate his right of usufruct. all the benefits inherent therein.472 The usufructuary may personally enjoy the thing in usufruct. 573 85 . or in the interest on bonds or securities payable to bearer. 569 471 Art. but he shall be obliged to indemnify the owner for any deterioration they may have suffered by reason of his fraud or negligence. Whenever it consists in the enjoyment of benefits accruing from a participation in any industrial or commercial enterprise. 570 472 Art. 571 473 Art. saving leases of rural lands. in general. if they were appraised 468 469 Art. even by a gratuitous title. without being consumed. 567 Art. 572 474 Art.470 Whenever a usufruct is constituted on the right to receive a rent or periodical pension.474 Whenever the usufruct includes things which cannot be used without being consumed. the date of the distribution of which is not fixed. which shall be considered as subsisting during the agricultural year. the usufructuary shall have the right to make use of them under the obligation of paying their appraised value at the termination of the usufruct. he or his heirs and successors shall receive only the proportionate share of the rent that must be paid by the lessee.471 The usufructuary shall have the right to enjoy any increase which the thing in usufruct may acquire through accession. and shall be applied in the manner prescribed in the preceding article. and belong to the usufructuary in proportion to the time the usufruct may last. gradually deteriorate through wear and tear. the usufructuary shall have the right to make use thereof in accordance with the purpose for which they are intended. but all the contracts he may enter into as such usufructuary shall terminate upon the expiration of the usufruct. the servitudes established in its favor. and the usufruct should expire before the termination of the lease. In either case they shall be distributed as civil fruits. 568 470 Art. whether in money or in fruits.469 Civil fruits are deemed to accrue daily.
and demand that the latter remove them and clear the land.475 The usufructuary of fruit-bearing trees and shrubs may make use of the dead trunks. or pay their current price at the time the usufruct ceases. the trees or shrubs shall have disappeared in such considerable number that it would not be possible or it would be too burdensome to replace them. amount and season. 575 477 Art. the usufructuary may leave the dead. the usufructuary may make the necessary thinnings in order that the remaining trees may properly grow. 576 478 Art. and in such case shall first inform the owner of the necessity for the work. 475 476 Art. the usufructuary may do such ordinary cutting or felling as the owner was in the habit of doing. the usufruct shall be limited to the fruits. as to the manner. has the right to bring the action and to oblige the owner thereof to give him the authority for this purpose and to furnish him whatever proof he may have.476 If in consequence of a calamity or extraordinary event. provided he does not alter its form or substance. he shall have the right to return at the same quantity and quality. or any movable property. and even of those cut off or uprooted by accident. 577 479 Art. He may. If the woodland is a copse or consists of timber for building. he may do so in accordance with the custom of the place. In any case the felling or cutting of trees shall be made in such manner as not to prejudice the preservation of the land. In case they were not appraised. If in consequence of the enforcement of the action he acquires the thing claimed.478 The usufructuary of an action to recover real property or a real right. the dominion remaining with the owner. In nurseries. and in default of this. With the exception of the provisions of the preceding paragraphs. under the obligation to replace them with new plants. but he shall have no right to be indemnified therefor.477 The usufructuary of woodland may enjoy all the benefits which it may produce according to its nature. 574 Art. 578 86 . the usufructuary cannot cut down trees unless it be to restore or improve some of the things in usufruct.when delivered.479 The usufructuary may make on the property held in usufruct such useful improvements or expenses for mere pleasure as he may deem proper. fallen or uprooted trunks at the disposal of the owner.
585 87 . is obliged: (1) To make. which shall contain an appraisal of the movables and a description of the condition of the immovables. the owner may demand that the immovables be placed under administration. 583 485 Art. 481 The owner of property the usufruct of which is held by another. Should the co-ownership cease by reason of the division of the thing held in common.485 The usufructuary. 480 481 Art. or to the parents who are usufructuaries of their children's property. 581 483 Art. but he cannot alter its form or substance. should it be possible to do so without damage to the property. may be excused from the obligation of making an inventory or of giving security. 582 484 Art. before entering upon the enjoyment of the property. binding himself to fulfill the obligations imposed upon him in accordance with this Chapter. an inventory of all the property. that the public bonds. (2) To give security.484 The provisions of No. instruments of credit payable to order or to bearer be converted into registered certificates or deposited in a bank or public institution. 579 Art.however. 580 482 Art. the usufruct of the part allotted to the co-owner shall belong to the usufructuary.482 The usufructuary of a part of a thing held in common shall exercise all the rights pertaining to the owner thereof with respect to the administration and the collection of fruits or interest. may alienate it. that the movables be sold. except when the parents contract a second marriage.480 The usufructuary may set off the improvements he may have made on the property against any damage to the same. when no one will be injured thereby. whatever may be the title of the usufruct. or do anything thereon which may be prejudicial to the usufructuary.483 The usufructuary. remove such improvements. 584 486 Art. 2 of the preceding article shall not apply to the donor who has reserved the usufruct of the property donated.486 Should the usufructuary fail to give security in the cases in which he is bound to give it. after notice to the owner or his legitimate representative.
586 Art. If the owner does not wish that certain articles be sold because of their artistic worth or because they have a sentimental value. retain in his possession the property in usufruct as administrator. until the usufructuary gives security or is excused from so doing. and the proceeds of the property placed under administration. and that he and his family be allowed to live in a house included in the usufruct. the usufructuary shall be obliged to replace with the young thereof the animals that die each year from natural causes. subject to the obligation to deliver to the usufructuary the net proceeds thereof.489 The usufructuary shall take care of the things given in usufruct as a good father of a family.488 After the security has been given by the usufructuary.and that the capital or sums in cash and the proceeds of the sale of the movable property be invested in safe securities. by virtue of a promise under oath. shall belong to the usufructuary. in accordance with the title constituting the usufruct. if he so prefers. he may demand their delivery to him upon his giving security for the payment of the legal interest on their appraised value. tools and other movable property necessary for an industry or vocation in which he is engaged. Furthermore. after due consideration of the facts of the case. the owner may.487 If the usufructuary who has not given security claims. or are lost due to the rapacity of beasts of prey. The same rule shall be observed with respect to implements.490 A usufructuary who alienates or leases his right of usufruct shall answer for any damage which the things in usufruct may suffer through the fault or negligence of the person who substitutes him. he shall have a right to all the proceeds and benefits from the day on which. 588 490 Art. 589 491 Art. 590 88 . 487 488 Art. 587 489 Art. after deducting the sums which may be agreed upon or judicially allowed him for such administration.491 If the usufruct be constituted on a flock or herd of livestock. the delivery of the furniture necessary for his use. the court may grant this petition. he should have commenced to receive them. The interest on the proceeds of the sale of the movables and that on public securities and bonds.
593 495 Art. The usufructuary is obliged to notify the owner when the need for such repairs is urgent. 592 494 Art. Should the usufruct be on sterile animals. on account of some contagious disease or any other uncommon event. 595 497 Art. with respect to its effects. Should the herd or flock perish in part. Should he not make them when they are indispensable for the preservation of the thing.497 492 493 Art. the usufruct shall continue on the part saved. it shall be considered. but he shall have a right to demand of the owner. 596 89 . at the termination of the usufruct.If the animals on which the usufruct is constituted should all perish. the latter may make them at the expense of the usufructuary. Should the usufructuary fail to make them after demand by the owner. also by accident and without the fault of the usufructuary. or make new plantings thereon if it be rural. the increase in value which the immovable may have acquired by reason of the repairs.496 The payment of annual charges and taxes and of those considered as a lien on the fruits. the usufructuary may make them.493 Extraordinary repairs shall be at the expense of the owner. shall be at the expense of the usufructuary for all the time that the usufruct lasts.494 If the owner should make the extraordinary repairs. 591 Art. without the fault of the usufructuary. the usufructuary shall fulfill his obligation by delivering to the owner the remains which may have been saved from the misfortune. as though constituted on fungible things. By ordinary repairs are understood such as are required by the wear and tear due to the natural use of the thing and are indispensable for its preservation. he shall have a right to demand of the usufructuary the legal interest on the amount expended for the time that the usufruct lasts.492 The usufructuary is obliged to make the ordinary repairs needed by the thing given in usufruct. 594 496 Art.495 The owner may construct any works and make any improvements of which the immovable in usufruct is susceptible. provided that such acts do not cause a diminution in the value of the usufruct or prejudice the right of the usufructuary.
with security sufficient to preserve the integrity of the capital in usufruct. to make periodical payments. 600 502 Art. he shall need the authorization of the owner. during the usufruct. Should the immovable be attached or sold judicially for the payment of the debt. If the latter has paid them. or if that given is not sufficient. The usufructuary who has given security may use the capital he has collected in any manner he may deem proper. that may be prejudicial to the rights of ownership.501 The usufructuary shall be obliged to notify the owner of any act of a third person. if the said sums have been advanced by the usufructuary. in default of such agreement. as if they had been caused through his own fault. to collect such credits. shall be at the expense of the owner. even if there should be no known capital.502 498 499 Art. both with respect to the maintenance of the usufruct and to the obligation of the usufructuary to pay such debts. for damages.The taxes which.500 The usufructuary of a mortgaged immovable shall not be obliged to pay the debt for the security of which the mortgage was constituted. the provisions of Articles 758 and 759 relating to donations shall be applied. may be imposed directly on the capital.498 If the usufruct be constituted on the whole of a patrimony. the owner shall be liable to the usufructuary for whatever the latter may lose by reason thereof. with judicial authorization. and. 601 90 . If he has been excused from giving security or has been able to give it. the usufructuary shall pay him the proper interest on the sums which may have been paid in that character. The same rule shall be applied in case the owner is obliged. at the time the usufruct is constituted. 597 Art. and. of which he may have knowledge. and if at the time of its constitution the owner has debts. 599 501 Art. and he shall be liable should he not do so. The usufructuary who has not given security shall invest the said capital at interest upon agreement with the owner. or of the court in default thereof. he shall recover the amount thereof at the termination of the usufruct. in every case.499 The usufructuary may claim any matured credits which form a part of the usufruct if he has given or gives the proper security. 598 500 Art.
603 505 Art. the usufruct shall be extinguished by reason thereof. But in such a case. unless such usufruct has been expressly granted only in consideration of the existence of such person.be The expenses. 606 91 . and before the expiration of such period the town is abandoned. If it has been constituted. (5) By the total loss of the thing in usufruct. unless a contrary intention clearly appears. 604 506 Art. the usufructuary shall have a right to make use of the land and the materials. shall subsist for the number of years specified. even if the third person should die before the period expires. or the corporation or association is dissolved. or association for more than fifty years. (4) By renunciation of the usufructuary.505 Usufruct cannot be constituted in favor of a town. The same rule shall be applied if the usufruct is constituted on a building only and the same should be destroyed. the right shall continue on the remaining part. (7) By prescription.504 If the thing given in usufruct should be lost only in part. 602 Art.507 If the usufruct is constituted on immovable property of which a building forms part.503 Usufruct is extinguished: (1) By the death of the usufructuary. if the owner should wish to construct 503 504 Art.506 A usufruct granted for the time that may elapse before a third person attains a certain age. (6) By the termination of the right of the person constituting the usufruct. costs and liabilities in suits brought with regard to the usufruct shall borne by the usufructuary. (2) By the expiration of the period for which it was constituted. and the latter should be destroyed in any manner whatsoever. (3) By merger of the usufruct and ownership in the same person. corporation. 605 507 Art. or by the fulfillment of any resolutory condition provided in the title creating the usufruct.
being obliged to pay to the usufructuary. he shall give security for the payment of the interest. 610 512 Art. or shall receive the interest on the insurance indemnity if the owner does not wish to rebuild. After the delivery has been made. the latter may demand that the thing be delivered to him. without prejudice to the right of retention pertaining to the usufructuary or his heirs for taxes and extraordinary expenses which should be reimbursed. continue in the enjoyment of the new building. the owner insuring the tenement alone. If the owner chooses the latter alternative. the latter shall receive the full amount of the insurance indemnity in case of loss. the interest upon the sum equivalent to the value of the land and of the materials. the owner shall be obliged either to replace it with another thing of the same value and of similar conditions. after deducting the expenses and the compensation which may be allowed him for its administration. 607 Art. he shall have a right to occupy the land and to make use of the materials. 612.509 Should the thing in usufruct be expropriated for public use. should one be constructed.510 A usufruct is not extinguished by bad use of the thing in usufruct.another building. or to pay the usufructuary the legal interest on the amount of the indemnity for the whole period of the usufruct.513 508 509 Art. binding himself to pay annually to the usufructuary the net proceeds of the same.508 If the usufructuary shares with the owner the insurance of the tenement given in usufruct. 608 510 Art. but if the abuse should cause considerable injury to the owner. 611 513 Art. the former shall.512 Upon the termination of the usufruct. 92 . Should the usufructuary have refused to contribute to the insurance. saving always the right granted to the usufructuary in the preceding article. 609 511 Art. the thing in usufruct shall be delivered to the owner. the security or mortgage shall be cancelled. in case of loss. during the continuance of the usufruct.511 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.
without the intervention of any act of man. the servient estate. Easements An easement or servitude is an encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner. apparent or non-apparent. A positive easement is one which imposes upon the owner of the servient estate the obligation of allowing something to be done or of doing it himself.516 Easements are also positive or negative. The immovable in favor of which the easement is established is called the dominant estate. the easement is not modified. 616 518 Art. that which prohibits the owner of the servient estate from doing something which he could lawfully do if the easement did not exist.515 Easements may be continuous or discontinuous. 514 515 Art. Nonapparent easements are those which show no external indication of their existence. and each of them must bear it on the part which corresponds to him. If the servient estate is divided between two or more persons. 613 Art. 615 517 Art. 617 93 . 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. and a negative easement. or of one or more persons to whom the encumbered estate does not belong.517 belong.IX.514 Servitudes may also be established for the benefit of a community. Continuous easements are those the use of which is or may be incessant. that which is subject thereto. Discontinuous easements are those which are used at intervals and depend upon the acts of man. 614 516 Art. 518 Easements are inseparable from the estate to which they actively or passively Easements are indivisible.
shall be considered.523 The absence of a document or proof showing the origin of an easement which cannot be acquired by prescription may be cured by a deed of recognition by the owner of the servient estate or by a final judgment. 619 521 Art. established or maintained by the owner of both. the owner of the servient estate. from the day on which the owner of the dominant estate. or the person who may have made use of the easement. should either of them be alienated. at the time the ownership of the two estates is divided. This provision shall also apply in case of the division of a thing owned in common by two or more persons. 625 94 . all the rights necessary for its use are considered granted.521 In order to acquire by prescription the easements referred to in the preceding article.522 Continuous nonapparent easements. unless. or the sign aforesaid should be removed before the execution of the deed. 621 523 Art. by an instrument acknowledged before a notary public. 620 522 Art. from executing an act which would be lawful without the easement. 622 524 Art. or making it more burdensome in any other way. 618 Art. 624 526 Art. the time of possession shall be computed thus: in positive easements. The former called legal and the latter voluntary easements. commenced to exercise it upon the servient estate.526 519 520 Art. each of them may use the easement in its entirety. 623 525 Art.520 Continuous and apparent easements are acquired either by virtue of a title or by prescription of ten years. from the day on which the owner of the dominant estate forbade. whether apparent or not. may be acquired only by virtue of a title. without changing the place of its use. as a title in order that the easement may continue actively and passively.524 The existence of an apparent sign of easement between two estates.519 are Easements are established either by law or by the will of the owners. the contrary should be provided in the title of conveyance of either of them.525 Upon the establishment of an easement. and discontinuous ones.If it is the dominant estate that is divided between two or more persons. and in negative easements.
528 The form or manner of using the easement may prescribe as the easement itself. 632 530 Art. and. 633 531 Art. 626 Art. (4) By the expiration of the term or the fulfillment of the condition. (5) By the renunciation of the owner of the dominant estate. (3) When either or both of the estates fall into such condition that the easement cannot be used. but it shall revive if the subsequent condition of the estates or either of them should again permit its use. 631 529 Art. with respect to continuous easements.529 If the dominant estate belongs to several persons in common.527 Easements are extinguished: (1) By merger in the same person of the ownership of the dominant and servient estates.530 Easements imposed by law have for their object either public use or the interest of private persons. Neither can he exercise the easement in any other manner than that previously established. 634 532 Art. in the absence thereof. from the day on which an act contrary to the same took place.532 527 528 Art. in accordance with the provisions of the preceding number. 635 95 . with respect to discontinuous easements. (6) By the redemption agreed upon between the owners of the dominant and servient estates.The owner of the dominant estate cannot use the easement except for the benefit of the immovable originally contemplated. and. and in the same way. sufficient time for prescription has elapsed.531 All matters concerning easements established for public or communal use shall be governed by the special laws and regulations relating thereto. unless when the use becomes possible. this period shall be computed from the day on which they ceased to be used. (2) By nonuser for ten years. by the provisions of this Title. if the easement is temporary or conditional. the use of the easement by any one of them prevents prescription with respect to the others.
535 Whenever for the diversion or taking of water from a river or brook. subject to the easement of towpath for the exclusive service of river navigation and floatage. 639 537 Art. it should be necessary to build a dam. even in case they are of private ownership. to the easement of public use in the general interest of navigation. after payment of the proper indemnity.533 Lower estates are obliged to receive the waters which naturally and without the intervention of man descend from the higher estates. or for the use of any other continuous or discontinuous stream. or lands which must support it. 636 Art.534 The banks of rivers and streams.536 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. 638 536 Art. Estates adjoining the banks of navigable or floatable rivers are. fishing and salvage. as well as the stones or earth which they carry with them. If it be necessary for such purpose to occupy lands of private ownership. neither can the owner of the higher estate make works which will increase the burden.537 Easements for drawing water and for watering animals carry with them the obligation of the owners of the servient estates to allow passage to persons and animals to 533 534 Art. whenever the law does not prohibit it or no injury is suffered by a third person. after payment of the proper indemnity. are subject throughout their entire length and within a zone of three meters along their margins. The owner of the lower estate cannot construct works which will impede this easement. he may establish the easement of abutment of a dam. without prejudice to the provisions of general or local laws and ordinances for the general welfare. furthermore.Easements established by law in the interest of private persons or for private use shall be governed by the provisions of this Title. 637 535 Art. 640 96 . These easements may be modified by agreement of the interested parties. and the person who is to construct it is not the owner of the banks. the proper indemnity shall first be paid. floatage.
may demand that the owners of the banks permit its construction. or render necessary repairs and cleanings impossible.540 The easement of aqueduct for private interest cannot be imposed on buildings. with the obligation to indemnify their owners. 642 540 Art. (3) To indemnify the owner of the servient estate in the manner determined by the laws and regulations.538 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. 641 Art. or its use depends upon the needs of the dominant estate. (2) To show that the proposed right of way is the most convenient and the least onerous to third persons. including those caused by the new easement to such owners and to the other irrigators. 644 542 Art.541 The easement of aqueduct does not prevent the owner of the servient estate from closing or fencing it. 647 97 . or outhouses. 646. extent. after payment of damages. to which this section refers. or on orchards or gardens already existing.543 One who for the purpose of irrigating or improving his estate. shall be governed by the special laws relating thereto insofar as no 538 539 Art. courtyards.544 The establishment. annexes. or upon a schedule of alternate days or hours.539 One desiring to make use of the right granted in the preceding article is obliged: (1) To prove that he can dispose of the water and that it is sufficient for the use for which it is intended. 645 543 Art. has to construct a stop lock or sluice gate in the bed of the stream from which the water is to be taken. as well as the owners of the lower estates upon which the waters may filter or descend. and the indemnity shall include this service.the place where such easements are to be used. the easement of aqueduct shall be considered as continuous and apparent.542 For legal purposes. even though the flow of the water may not be continuous. 544 Art. form and conditions of the servitudes of waters. 643 541 Art. or from building over the aqueduct in such manner as not to cause the latter any damage.
This easement is not compulsory if the isolation of the immovable is due to the proprietor's own acts. the indemnity shall consist in the payment of the damage caused by such encumbrance. exchanger. the donor shall not be liable for indemnity.550 545 546 Art.548 Whenever a piece of land acquired by sale.549 In the case of the preceding article. 651 549 Art. if it is the land of the grantor that becomes isolated. In case the right of way is limited to the necessary passage for the cultivation of the estate surrounded by others and for the gathering of its crops through the servient estate without a permanent way. which is surrounded by other immovables pertaining to other persons and without adequate outlet to a public highway. after payment of the proper indemnity. the indemnity shall consist of the value of the land occupied and the amount of the damage caused to the servient estate. or any person who by virtue of a real right may cultivate or use any immovable. 649 547 Art. 648 Art. 653 98 . However.546 The easement of right of way shall be established at the point least prejudicial to the servient estate. and. he may demand a right of way after paying a indemnity. is surrounded by other estates of the vendor.provision therefor is made in this Code. 650 548 Art.545 The owner. or co-owner. Should this easement be established in such a manner that its use may be continuous for all the needs of the dominant estate. he shall be obliged to grant a right of way without indemnity.547 The width of the easement of right of way shall be that which is sufficient for the needs of the dominant estate. insofar as consistent with this rule. establishing a permanent passage. In case of a simple donation. and may accordingly be changed from time to time. exchange or partition. 652 550 Art. the donor shall be indemnified by the donee for the establishment of the right of way. is entitled to demand a right of way through the neighboring estates. where the distance from the dominant estate to a public highway may be the shortest.
repair.553 Easements of the right of way for the passage of livestock known as animal path. and by the rules of co-ownership. animal trail or any other. the animal path shall not exceed in any case the width of 75 meters. alteration or beautification of a building. Without prejudice to rights legally acquired. A proportionate share of the taxes shall be reimbursed by said owner to the proprietor of the servient estate. and. the public highway must substantially meet the needs of the dominant estate in order that the easement may be extinguished. in the absence thereof. the provisions of this Section and those of Articles 640 and 641 shall be observed. and the animal trail that of 37 meters and 50 centimeters. In this case the width shall not exceed 10 meters. improvement. 655 553 Art. 657 555 Art. returning what he may have received by way of indemnity. by the usages and customs of the place.551 If the right of way granted to a surrounded estate ceases to be necessary because its owner has joined it to another abutting on a public road. the necessary repairs shall be made by the owner of the dominant estate. 658 99 . The same rule shall be applied in case a new road is opened giving access to the isolated estate.555 551 552 Art. 656 554 Art.554 The easement of party wall shall be governed by the provisions of this Title. shall be governed by the ordinances and regulations relating thereto. to carry materials through the estate of another. resting places and animal folds. after receiving payment of the proper indemnity for the damage caused him. or to raise therein scaffolding or other objects necessary for the work. and those for watering places. In both cases.If the right of way is permanent. 654 Art. by the local ordinances and customs insofar as they do not conflict with the same.552 If it be indispensable for the construction. The interest on the indemnity shall be deemed to be in payment of rent for the use of the easement. Whenever it is necessary to establish a compulsory easement of the right of way or for a watering place for animals. the owner of such estate shall be obliged to permit the act. the owner of the servient estate may demand that the easement be extinguished.
but not on the other. or proof to the contrary: (1) In dividing walls of adjoining buildings up to the point of common elevation. (4) Whenever the dividing wall bears the burden of the binding beams. unless there is a title. has stepping stones.556 It is understood that there is an exterior sign. it has similar conditions on the upper part. or exterior sign. and on the other. 556 557 Art.557 Ditches or drains opened between two estates are also presumed as common to both. if there is no title or sign showing the contrary. (7) Whenever lands inclosed by fences or live hedges adjoin others which are not inclosed. fences or hedges shall be deemed to belong exclusively to the owner of the property or tenement which has in its favor the presumption based on any one of these signs. In all these cases. 659 Art. gardens. (5) Whenever the dividing wall between courtyards. but not those of the others. (6) Whenever the dividing wall. straight and plumb on all its facement. but the lower part slants or projects outward. (2) In dividing walls of gardens or yards situated in cities. on one side. (3) In fences. 660 100 . floors and roof frame of one of the buildings. (3) Whenever the entire wall is built within the boundaries of one of the estates.The existence of an easement of party wall is presumed. the ownership of the walls. and tenements is constructed in such a way that the coping sheds the water upon only one of the estates. which at certain intervals project from the surface on one side only. towns. contrary to the easement of party wall: (1) Whenever in the dividing wall of buildings there is a window or opening. or in rural communities. walls and live hedges dividing rural lands. being built of masonry. (2) Whenever the dividing wall is.
acquire the right of part-ownership therein. and. in addition. 663 561 Art.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. he shall give the space required from his own land.559 If the owner of a building. and drains owned in common. 665 101 .558 The cost of repairs and construction of party walls and the maintenance of fences. in which case the ownership of the ditch shall belong exclusively to the owner of the land having this exterior sign in its favor. If the party wall cannot bear the increased height. 662 560 Art. shall be borne by him. without interfering with the common and respective uses by the other 558 559 Art. ditches. but the cost of all repairs and work necessary to prevent any damage which the demolition may cause to the party wall. depth or thickness to the wall may. The expenses of maintaining the wall in the part newly raised or deepened at its foundation shall also be paid for by him. any owner may exempt himself from contributing to this charge by renouncing his part-ownership. shall be borne by all the owners of the lands or tenements having the party wall in their favor.560 Every owner may increase the height of the party wall. the indemnity for the increased expenses which may be necessary for the preservation of the party wall by reason of the greater height or depth which has been given it.561 The other owners who have not contributed in giving increased height. doing at his own expense and paying for any damage which may be caused by the work. 664 562 Art. in proportion to the right of each. he may also renounce his part-ownership of the wall. supported by a party wall desires to demolish the building. 661 Art. nevertheless. by paying proportionally the value of the work at the time of the acquisition and of the land used for its increased thickness. live hedges.562 Every part-owner of a party wall may use it in proportion to the right he may have in the co-ownership. if for this purpose it be necessary to make it thicker. even though such damage be temporary. Nevertheless. the owner desiring to raise it shall be obliged to reconstruct it at his own expense and. on this occasion only. except when the party wall supports a building belonging to him.
the owner of a wall which is not party wall. and. balconies. Neither can side or oblique views upon or towards such conterminous property be had. 668 566 infra 567 Art.co-owners. without the consent of the others.564 The period of prescription for the acquisition of an easement of light and view shall be counted: (1) From the time of the opening of the window. 666 Art. apertures.567 No windows. with an iron grating imbedded in the wall and with a wire screen. 669. unless there be a distance of sixty centimeters. Nevertheless. 670 102 . or other similar projections which afford a direct view upon or towards an adjoining land or tenement can be made. or (2) From the time of the formal prohibition upon the proprietor of the adjoining land or tenement. 568 Art.568 563 564 Art. if it is through a party wall. adjoining a tenement or piece of land belonging to another. can make in it openings to admit light at the height of the ceiling joints or immediately under the ceiling. 667 565 Art. without leaving a distance of two meters between the wall in which they are made and such contiguous property. unless an easement of light has been acquired.565 When the distances in Article 670566 are not observed. if the window is through a wall on the dominant estate. the owner of the tenement or property adjoining the wall in which the openings are made can close them should he acquire part-ownership thereof. in every case. and of the size of thirty centimeters square. The nonobservance of these distances does not give rise to prescription. open through the party wall any window or aperture of any kind. He can also obstruct them by constructing a building on his land or by raising a wall thereon contiguous to that having such openings. if there be no stipulation to the contrary.563 No part-owner may.
subject to special regulations and local ordinances. and in the manner and form which he may deem best. 689 574 Art. Any stipulation permitting distances less than those prescribed in Article 670 is void.569 The provisions of Article 670 are not applicable to buildings separated by a public way or alley. no perpetual voluntary easement may be established thereon without the consent of both owners.574 In order to impose an easement on an undivided tenement. without the consent of the usufructuary. and in cases of oblique view from the dividing line between the two properties. which is not less than three meters wide. must be held in abeyance until the last one of all the co-owners shall have expressed his conformity. the usufruct of which belongs to another.The distance referred to in the preceding article shall be measured in cases of direct views from the outer line of the wall when the openings do not project. 672 571 Art. the owner of the servient estate cannot build thereon at less than a distance of three meters to be measured in the manner provided in Article 671. balconies or belvederes overlooking an adjoining property. 691 103 . 671 Art. 688 573 Art. the consent of all the co-owners shall be required. or piece of land.572 The owner of a tenement or piece of land. any servitudes which will not injure the right of usufruct.575 569 570 Art. public policy or public order.570 Whenever by any title a right has been acquired to have direct views. The consent given by some only. provided he does not contravene the laws. from the outer line of the latter when they do. 690 575 Art. may impose thereon.571 Every owner of a tenement or piece of land may establish thereon the easements which he may deem suitable. But the consent given by one of the co-owners separately from the others shall bind the grantor and his successors not to prevent the exercise of the right granted. 673 572 Art.573 Whenever the naked ownership of a tenement or piece of land belongs to one person and the beneficial ownership to another.
A public nuisance affects a community or neighborhood or any considerable number of persons. or (2) Annoys or offends the senses. to bear the cost of the work required for the use and preservation thereof.580 The abatement of a nuisance does not preclude the right of any person injured to recover damages for its past existence.577 X. he may free himself from this obligation by renouncing his property to the owner of the dominant estate.579 Every successive owner or possessor of property who fails or refuses to abate a nuisance in that property started by a former owner or possessor is liable therefor in the same manner as the one who created it. or (3) Shocks. in a proper case.578 Nuisance is either public or private. defies or disregards decency or morality. business. although the extent of the annoyance. or any body of water. the possession of an easement acquired by prescription shall determine the rights of the dominant estate and the obligations of the servient estate. 697 104 .576 If the owner of the servient estate should have bound himself. danger or damage upon individuals may be unequal. or (4) Obstructs or interferes with the free passage of any public highway or street. 694 579 Art. or anything else which: (1) Injures or endangers the health or safety of others. omission. establishment.The title and. In default thereof. 696 581 Art.581 576 577 Art. 580 Art. condition of property. 692 Art. or (5) Hinders or impairs the use of property. the easement shall be governed by such provisions of this Title as are applicable thereto. A private nuisance is one that is not included in the foregoing definition. 693 578 Art. 695. Nuisance A nuisance is any act. upon the establishment of the easement.
without committing a breach of the peace. if it is specially injurious to himself. or (3) Abatement.582 The remedies against a public nuisance are: (1) A prosecution under the Penal Code or any local ordinance: or (2) A civil action. without judicial proceedings. But it is necessary: (1) That demand be first made upon the owner or possessor of the property to abate the nuisance. 703 588 Art. 704 105 . 699 584 Art.585 The district health officer shall determine whether or not abatement. 701 586 Art.Lapse of time cannot legalize any nuisance. (2) That such demand has been rejected.584 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. by destroying the thing which constitutes the same.587 Any private person may abate a public nuisance which is specially injurious to him by removing.583 The district health officer shall take care that one or all of the remedies against a public nuisance are availed of.586 A private person may file an action on account of a public nuisance. (3) That the abatement be approved by the district health officer and executed with the assistance of the local police. is the best remedy against a public nuisance.588 582 583 Art. 702 587 Art. or if necessary. 700 585 Art. 698 Art. without judicial proceedings. and (4) That the value of the destruction does not exceed three thousand pesos. or doing unnecessary injury. whether public or private.
713 106 . hidden treasure and abandoned movables 595 Art. by testate and intestate succession. or (2) Abatement. by destroying the thing which constitutes the nuisance. Modes of Acquiring Ownership Ownership is acquired by occupation and by intellectual creation. it is indispensable that the procedure for extrajudicial abatement of a public nuisance by a private person be followed. by donation. without committing a breach of the peace or doing unnecessary injury. or (2) If an alleged nuisance is later declared by the courts to be not a real nuisance.595 589 590 Art. without judicial proceedings. 591 XI. by tradition. 706 591 Art. or if necessary.592 The ownership of a piece of land cannot be acquired by occupation. However.593 Things appropriable by nature which are without an owner594 are acquired by occupation. and in consequence of certain contracts. Ownership and other real rights over property are acquired and transmitted by law. 714 594 such as animals that are the object of hunting and fishing. 705 Art.590 A private person or a public official extrajudicially abating a nuisance shall be liable for damages: (1) If he causes unnecessary injury. 707 592 Art. They may also be acquired by means of prescription.The remedies against a private nuisance are: (1) A civil action. 712 593 Art.589 Any person injured by a private nuisance may abate it by removing.
1142 602 Art.599 Real actions over immovables prescribe after thirty years. 1141 601 Art. 1139 599 Art. unless the possessor has acquired the ownership by prescription for a less period. 1140 600 Art. No prescription applicable Movables possessed through a crime can never be acquired through prescription by the offender.601 The following rights. Prescription or limitation of actions Actions prescribe by the mere lapse of time fixed by law. one acquires ownership and other real rights through the lapse of time in the manner and under the conditions laid down by law.PRESCRIPTION I.598 Actions to recover movables shall prescribe eight years from the time the possession thereof is lost. 1133 598 Art. Definition By prescription. 1143 107 . (2) To bring an action to abate a public or private nuisance. and without prejudice to the provisions of Articles 559. rights and conditions are lost by prescription. are not extinguished by prescription: (1) To demand a right of way. In the same way. among others specified elsewhere in this Code. regulated in Article 649.600 A mortgage action prescribes after ten years. 1106 Art.596 II. 1505.597 III. This provision is without prejudice to what is established for the acquisition of ownership and other real rights by prescription.602 596 597 Art. according to Articles 1132. and 1133.
The following actions must be brought within ten years from the time the right of action accrues: (1) Upon a written contract. (2) For defamation. (2) Upon an obligation created by law. as amended by PD No.609 The time for prescription for all kinds of actions. when the action arises from or out of any act. 1144 Art. in the Code of Commerce. 1147 607 supra 608 Art. 1145 605 Art. the same must be brought within one (1) year. and in special laws. 610 Art. 1148 609 Art. or conduct of any public officer involving the exercise of powers or authority arising from Martial Law including the arrest. However.610 603 604 Art. (2) Upon a quasi-contract. 1146. and 1144 to 1147 607 are without prejudice to those specified in other parts of this Code. (3) Upon a judgment. 24. activity. Dec. (2) Upon a quasi-delict.608 All other actions whose periods are not fixed in this Code or in other laws must be brought within five years from the time the right of action accrues.603 The following actions must be commenced within six years: (1) Upon an oral contract. shall be counted from the day they may be brought. detention and/or trial of the plaintiff.605 The following actions must be filed within one year: (1) For forcible entry and detainer.606 The limitations of action mentioned in Articles 1140 to 1142. when there is no special provision which ordains otherwise. 1150 108 . 1755.604 The following actions must be instituted within four years: (1) Upon an injury to the rights of the plaintiff. 1149. 1980 606 Art.
to do or not to do.The time for the prescription of actions which have for their object the enforcement of obligations to pay principal with interest or annuity runs from the last payment of the annuity or of the interest. Passive subject618 611 612 Art. 2. II.616 one impressed with the character of enforceability. 1151 Art. Elements of an Obligation 1. The period for the action arising from the result of the accounting runs from the date when said result was recognized by agreement of the interested parties.614 The prescription of actions is interrupted when they are filed before the court. He who has the duty of giving.615 OBLIGATIONS I. 1154 615 Art. when there is a written extrajudicial demand by the creditors. 1155 616 Art.613 The period during which the obligee was prevented by a fortuitous event from enforcing his right is not reckoned against him. he in whose favor the obligation is constituted. Active subject617 The possessor of a right. 1152 613 Art. 1153 614 Art.612 The period for prescription of actions to demand accounting runs from the day the persons who should render the same cease in their functions. and when there is any written acknowledgment of the debt by the debtor. 1156 617 obligee or creditor 618 obligor or debtor 109 . Definition A juridical necessity to give.611 The period for prescription of actions to demand the fulfillment of obligation declared by a judgment commences from the time the judgment became final.
doing or not doing. whether mental or physical Consists in abstaining from some act. To do 3. physically & juridically 3. it must have a possible equivalent in money 621 vinculum or juridical tie 110 . or doing or not doing a certain act620and The reason why the obligation exists 4. it must be determinate or determinable 4. it must be possible. it must be licit 2. in order to create a real right or for the use of the recipient or for its simple possession or in order to return to its owner All kinds of work or services. Object or prestation619 May consist of giving a thing. 3. includes ―not to give. To give Consists in the delivery of a movable or an immovable thing. Different Kinds of Prestations 1. Not to do 619 620 the subject matter of the obligation Requisites: 1. Efficient cause621 III.‖ both being negative obligations 2.
several objects being due. Criteria of demandability: a. as well as the extinguishment or loss of those already acquired. Alternative . Past event unknown to the parties. 1206 111 . Conditional .It annuls the obligation w/c depends upon them.-.one in w/c each of the debtors is liable only for a proportionate part of the debt or 622 Art. Plurality of objects a. It is the knowledge w/c is future and uncertain.622 c. 623 see Reference 624 The characteristic of alternative obligations is that. The entire juridical tie is tainted by the impossible condition.IV. the fulfillment of one is sufficient (Tolentino) 625 Art. Plurality of subjects b. Facultative .-. A condition is always future and uncertain.It is really the knowledge of the event w/c constitutes the future. Single 3. Joint . Effect of Impossible Condition. 1181 A past thing can never be a condition. shall depend upon the happening of the event which constitutes the condition. W/ a term623 2.where only one thing is due but the debtor has reserved the right to substitute it w/ another625 d. Pure .one w/c is not subject to a condition or a term.where the debtor must perform any of the prestations624 c.the acquisition of rights. Classification of Obligations 1. b.
627 5. the law provides so: Unless there is an express stipulation to that effect. the defense of res judicata is not extended from one debtor to another. The vices of each obligation arising from the personal defect of a particular debtor or creditor does not affect the obligation or rights of the others.626 e. Neither may the debtor be required to make partial payments. does not benefit the other creditors nor interrupt the prescription as to other debtors. 4. Performance a. 2. xxx (Art. par. Why? Bec. The demand by one creditor upon one debtor. 4. 1248.one in w/c the debtor is liable for the entire obligation or each creditor is entitled to demand the whole obligation. 1. 1248. 3.) 2. When the nature of the obligation necessarily entails performance in parts.) 627 General rule: Obligation is indivisible w/c means that it has to be performed in one act singly. The insolvency of a debtor does not increase the responsibility of his co-debtors. a partial payment or acknowledgement made by one of several joint debtors does not stop the running of the statute of limitations as to the others.one susceptible of partial performance. When the parties so provide. par. Where the law provides otherwise. Simple there are as many obligations as there are debtors multiplied by the number of creditors. the creditor cannot be compelled partially to receive the prestations in which the obligation consists. 1.one that must be performed in one act. produces the effects of default only w/ respect to the creditor who demanded and the debtor on whom the demand was made. Solidary . Divisible . nor does it authorize a creditor to demand anything from his co-creditors. Sanctions for Breach 626 a. There is only one obligation is a solidary obligation. In the joint divisible obligation. The interruption of prescription by the judicial demand of one creditor upon a debtor. Effects of Joint Liability: 1. 112 . 5. Indivisible .) Three Exceptions to the Rule on Indivisibility: 1. (Manresa. On the same principle. 3.each creditor is entitled only to a proportionate part of the credit. b. (Art. but not w/ respect to the others.
W/ a penal clause . Restitution by minor after annulment of contract. 3. Based not on positive law but on equity and natural law b. Jose N.629 A single act or omission can give rise to different causes of action: It is a source of obligation because of the provision in Article 100 of the Revised code that ―every person criminally liable is also civilly liable.b. Sources of Obligations Obligations arise from: (1) Law. When a penal clause is present. and 7. 2 631 a. 113 .632 628 The purpose is to strengthen the coercive force of the obligation. Performance after the civil obligation has prescribed. Payment of legacy after will have been declared void. Reimbursement of a third person for a debt that has prescribed. 1980 Ed. Payment by heir of debt exceeding value of property inherited. p. Do not grant such right of action to enforce their performance 632 Examples of natural obligations enumerated under the Civil Code: 1.an accessory undertaking to assume greater liability in case of breach. and (5) Quasi-delicts. (2) Contracts.‖630 Natural Obligations:631 They are real obligations to which the law denies an action.. damages do not have to be proved. 4. 629 Art. 630 Nolledo. (3) Quasi-contracts.. 1157. but which the debtor may perform voluntarily. 5. 2. Delivery by minor of money or fungible thing in fulfillment of obligation. Performance after action to enforce civil obligation has failed. (4) Acts or omissions punished by law. The Philippine Law on Obligations and Contracts Explained.628 V. 6.
and which has for its purpose. 1163 640 Art. There must be damage or injury c.It is a fault or act of negligence ( or omission of care ) which causes damage to another. voluntary and unilateral act. and it was unduly delivered thru mistake 637 obligation ex quasi-delicto or ex quasi maleficio 638 Elements: a. there being no pre-existing contractual relations between the parties.Extra-contractual Obligations:633 1. There must be a direct relation of cause and effect between the fault or negligence on the one hand and the damage or injury on the other hand ( proximate cause ) 639 Art. Quasi-contract634 . 1164 114 .638 VI.unauthorized management635 b. 2142 to 2194 obligation ex quasi-contractu 635 This takes place when a person voluntarily takes charge of another’s abandoned business or property without the owner’s authority 636 This takes place when something is received when there is no right to demand it. However. Quasi-delict/torts637 . There must be fault or negligence attributable to the person charged b. he shall acquire no real right over it until the same has been delivered to him. Nature and Effect of Obligations Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family.undue payment 636 2. the payment of indemnity to the end that no one shall be unjustly enriched or benefited at the expense of another 2 kinds: a. Solutio indebiti . unless the law or the stipulation of the parties requires another standard of care.639 The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises.640 633 634 Arts. Negotiorum gestio .That juridical relation resulting from a lawful.
641 may compel the debtor to make the delivery. it shall also be undone at his expense. and the obligor does what has been forbidden him.645 Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them the fulfillment of their obligation. in addition to the right granted him by Article 1170. he shall be responsible for any fortuitous event until he has effected the delivery. 1165 643 Art. the same shall be executed at his cost. or has promised to deliver the same thing to two or more persons who do not have the same interest.644 When the obligation consists in not doing. the creditor. This same rule shall be observed if he does it in contravention of the tenor of the obligation. 1167 645 Art. If the obligor delays. or (2) When from the nature and the circumstances of the obligation it appears that the designation of the time when the thing is to be delivered or the service is to be rendered was a controlling motive for the establishment of the contract. even though they may not have been mentioned.When what is to be delivered is a determinate thing. the demand by the creditor shall not be necessary in order that delay may exist: (1) When the obligation or the law expressly so declare. Furthermore. he may ask that the obligation be complied with at the expense of the debtor. 1168 115 .642 The obligation to give a determinate thing includes that of delivering all its accessions and accessories. 1166 644 Art.643 If a person obliged to do something fails to do it. However. or 641 642 infra Art. it may be decreed that what has been poorly done be undone. If the thing is indeterminate or generic.
shall give rise to the presumption that said interest has been paid. 1170. 1171 649 Art. 648 Art. or when it is otherwise declared by stipulation. neither party incurs in delay if the other does not comply or is not ready to comply in a proper manner with what is incumbent upon him. 1173 651 Art. 1169 Art. that which is expected of a good father of a family shall be required. no person shall be responsible for those events which could not be foreseen. but such liability may be regulated by the courts. though foreseen. or when the nature of the obligation requires the assumption of risk. were inevitable. 646 647 Art. If the law or contract does not state the diligence which is to be observed in the performance.646 Those who in the performance of their obligations are guilty of fraud. and those who in any manner contravene the tenor thereof. 1174 116 .650 Except in cases expressly specified by the law. 1172 650 Art.647 Responsibility arising from fraud is demandable in all obligations. are liable for damages. or which. In reciprocal obligations. When negligence shows bad faith. negligence.648 Responsibility arising from negligence in the performance of every kind of obligation is also demandable. delay by the other begins.(3) When demand would be useless. as when the obligor has rendered it beyond his power to perform.649 The fault or negligence of the obligor consists in the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the persons. according to the circumstances. the provisions of Articles 1171 and 2201. Any waiver of an action for future fraud is void. paragraph 2. of the time and of the place.651 The receipt of the principal by the creditor without reservation with respect to the interest. From the moment one of the parties fulfills his obligation. or delay. shall apply.
the obligation shall be deemed to be one with a period. 652 653 Art.654 Kinds of Civil Obligations Pure The performance does not depend upon a future or uncertain event.653 Subject to the laws. 1176 Art. When the debtor binds himself to pay when his means permit him to do so. save those which are inherent in his person. after having pursued the property in possession of the debtor to satisfy their claims.655 Conditional The acquisition of rights. shall depend upon the happening of the event which constitutes the condition.656 1. 1178.The receipt of a later installment of a debt without reservation as to prior installments. 1180) 656 Art. as well as the extinguishment or loss of those already acquired. or upon a past event unknown to the parties.652 The creditors. all rights acquired in virtue of an obligation are transmissible. subject to the provisions of Article 1197 (Art. they may also impugn the acts which the debtor may have done to defraud them. 1181 657 condition precedent 658 condition subsequent 117 . 1179 Every obligation which contains a resolutory condition shall also be demandable. without prejudice to the effects of the happening of the event. Resolutory condition658 there VII. 655 Art. may exercise all the rights and bring all the actions of the latter for the same purpose. Suspensive condition657 The happening of the event gives birth to an obligation 2. 1177 654 Art. if has been no stipulation to the contrary. shall likewise raise the presumption that such installments have been paid. which is demandable at once.
663 659 660 e. or the nature or the wording of the obligations to which the preceding article refers the contrary does not appear. 1207 662 Art.659 third person or upon chance. casual or mixed Potestative Casual Mixed One w/c depends partly upon the will of one of the parties and partly on either chance or the will of a third person." e. or that each one of the latter is bound to render.The happening of the event will extinguish the obligation. subject to the Rules of Court governing the multiplicity of suits.g. 3. "I will give you my plantation in Davao provided you reside in Davao permanently. 1208 663 Art. entire compliance with the prestation. the credit or debt shall be presumed to be divided into as many shares as there are creditors or debtors. Joint and Solidary Obligation The concurrence of two or more creditors or of two or more debtors in one and the same obligation does not imply that each one of the former has a right to demand. "I will give you my land in Pampanga if you will pass the bar exams this year..661 If from the law.. If one of the latter should be insolvent. 1209 118 . Potestative. and the debt can be enforced only by proceeding against all the debtors.660 VIII. or when the law or the nature of the obligation requires solidarity. the right of the creditors may be prejudiced only by their collective acts." 661 Art. One w/c depends solely on One where the condition is the will of either one made to depend upon a party. the credits or debts being considered distinct from one another. the others shall not be liable for his share. There is a solidary liability only when the obligation expressly so states.662 If the division is impossible.g.
as well as he who collects the debt. but if any demand. 1212 667 Art.664 Solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions. the creditor may choose which offer to accept. so long as the debt has not been fully collected. 1213 668 Art. 1215 671 Art. payment should be made to him. confusion or remission of the debt. judicial or extrajudicial.666 A solidary creditor cannot assign his rights without the consent of the others. has been made by one of them. 1214 669 infra 670 Art.668 Novation. 664 665 Art. 1211 666 Art. but not anything which may be prejudicial to the latter.671 Payment made by one of the solidary debtors extinguishes the obligation.667 The debtor may pay any one of the solidary creditors. Nor does solidarity of itself imply indivisibility. made by any of the solidary creditors or with any of the solidary debtors. 1216 119 . without prejudice to the provisions of Article 1219. If two or more solidary debtors offer to pay.669 The creditor who may have executed any of these acts. compensation. shall extinguish the obligation. 1210 Art.670 The creditor may proceed against any one of the solidary debtors or some or all of them simultaneously. shall be liable to the others for the share in the obligation corresponding to them. The demand made against one of them shall not be an obstacle to those which may subsequently be directed against the others.The indivisibility of an obligation does not necessarily give rise to solidarity.665 Each one of the solidary creditors may do whatever may be useful to the others.
the thing is lost or the performance has become impossible after one of the solidary debtors has incurred in delay through the judicial or extrajudicial demand upon him by the creditor. 1220 676 Art. If through a fortuitous event. 1219 675 Art. Art. obtained by one of the solidary debtors. such share shall be borne by all his co-debtors. 1218 674 Art. 1221 120 . no interest for the intervening period may be demanded. the provisions of the preceding paragraph shall apply.673 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. because of his insolvency. without prejudice to their action against the guilty or negligent debtor. in case the debt had been totally paid by anyone of them before the remission was effected.He who made the payment may claim from his co-debtors only the share which corresponds to each. all shall be responsible to the creditor. with the interest for the payment already made. or pertain to his own share. the obligation shall be extinguished. With respect to those which personally belong to the 672 673 Art.676 A solidary debtor may. avail himself of all defenses which are derived from the nature of the obligation and of those which are personal to him. 1217. in actions filed by the creditor.675 If the thing has been lost or if the prestation has become impossible without the fault of the solidary debtors.674 The remission of the whole obligation. does not entitle him to reimbursement from his co-debtors. reimburse his share to the debtor paying the obligation. for the price and the payment of damages and interest.672 Payment by a solidary debtor shall not entitle him to reimbursement from his codebtors if such payment is made after the obligation has prescribed or become illegal. If the payment is made before the debt is due. in proportion to the debt of each. When one of the solidary debtors cannot. If there was fault on the part of any one of them.
rescission.677 IX. such as annulment. he may avail himself thereof only as regards that part of the debt for which the latter are responsible.680 certain formalities parties are bound not only prescribed by law.others. (4) By the confusion or merger of the rights of creditor and debtor.679 II. Other causes of extinguishment of obligations.678 CONTRACTS I. (3) Cause of the obligation which is established. 1222 Art. (6) By novation. 1381 680 like deposit. (5) By compensation. the for perfection. fulfillment of a resolutory condition. are governed elsewhere in this Code. pledge and commodatum 121 . Kinds of Contracts Consensual Real Formal or Solemn Perfected by mere consent Requires delivery of object Requires compliance with and from that moment. 1231 679 Art. (2) Object certain which is the subject matter of the contract. and prescription. Extinguishment of Obligations Obligations are extinguished: (1) By payment or performance: (2) By the loss of the thing due: (3) By the condonation or remission of the debt. Essential Requisites (1) Consent of the contracting parties. such to the fulfillment of what prescribed form being an has been expressly stipulated essential element 677 678 Art.
or that a contract be proved in a certain way.681 If the law requires a document or other special form. the right of the parties stated in the following article cannot be exercised. repudiation or renunciation of hereditary rights or of those of the conjugal partnership of gains. No. 681 682 Art.but also to all consequences which. This right may be exercised simultaneously with the action upon the contract. when the law requires that a contract be in some form in order that it may be valid or enforceable.682 The following must appear in a public document: (1) Acts and contracts which have for their object the creation. 1356 Art. III. 1357 683 infra 122 . provided all the essential requisites for their validity are present. in whatever form they may have been entered into. sales of real property or of an interest therein are governed by Articles 1403. Formality Contracts shall be obligatory. (3) The power to administer property. modification or extinguishment of real rights over immovable property. once the contract has been perfected. or should prejudice a third person. (4) The cession of actions or rights proceeding from an act appearing in a public document. 2. that requirement is absolute and indispensable. or any other power which has for its object an act appearing or which should appear in a public document. the contracting parties may compel each other to observe that form. usage and law. according to their nature may be in keeping with good faith. and 1405.683 (2) The cession. In such cases. However. transmission.
No. (3) Those undertaken in fraud of creditors when the latter cannot in any other manner collect the claims due them.All other contracts where the amount involved exceeds five hundred pesos (P500. 1403. 1381 123 . (5) All other contracts specially declared by law to be subject to rescission. 686 (6) Payments made in a state of insolvency on account of obligations not yet enforceable 684 685 Art. (4) Those which refer to things under litigation if they have been entered into by the defendant without the knowledge and approval of the litigants or of competent judicial authority. if the latter suffer the lesion stated in the preceding number. Defective Contracts Rescissible Contracts:685 (1) Those which are entered into by guardians whenever the wards whom they represent suffer lesion by more than one-fourth of the value of the things which are the object thereof. But sales of goods.684 IV. 1358 Contracts validly agreed upon but. even a private one. chattels or things in action are governed by articles. 686 Art.00) must appear in writing. 2 and 1405. (2) Those agreed upon in representation of absentees. by reason of lesion or economic prejudice may be rescinded in cases established by law.
690 A contract where consent is given through mistake. such reason must have ceased and c. Contracts agreed to in a state of drunkenness or during a hypnotic spell are voidable.Voidable Contracts:687 Contracts entered into during a lucid interval are valid. 1331 693 Art. 1332 124 . or to those conditions which have principally moved one or both parties to enter into the contract. 1329 691 Art. Requisites: a. 1328 689 See Reference 690 Art. and is understood to be without prejudice to special disqualifications established in the laws. 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. the injured party must have executed an act which expressly or impliedly conveys an intention to waive his right. and mistake or fraud is alleged.691 In order that mistake may invalidate consent. or if the contract is in a language not understood by him.688 The incapacity declared in Article 1327689 is subject to the modifications determined by law. undue influence or fraud 3. the person enforcing the contract must show that the terms thereof have been fully explained to the former. it should refer to the substance of the thing which is the object of the contract.693 687 Art. By loss of the thing which is the object of the contract through fraud or fault of the person who is entitled to annul the contract. there must be knowledge of the reason which renders the contract voidable b. intimidation. A simple mistake of account shall give rise to its correction. although the element of consent is vitiated either by lack of capacity of one of the contracting parties or by VIMFU. Those where one of the parties is incapable of giving consent to a contract 2. violence. violence. intimidation.692 When one of the parties is unable to read. 688 Art. 1409 Those in which all of the essential elements for validity are present. 1330 692 Art. undue influence. Those where the consent is vitiated by mistake. What contracts are voidable: 1. or fraud is voidable.
to give his consent.698 There is fraud when. as when the parties are bound by confidential relations. or was ignorant or in financial distress. 1335 697 Art.700 694 695 Art. serious or irresistible force is employed. depriving the latter of a reasonable freedom of choice.696 Violence or intimidation shall annul the obligation. does not vitiate consent. when there is a duty to reveal them.There is no mistake if the party alleging it knew the doubt. contingency or risk affecting the object of the contract. constitutes fraud. 1338 700 Art. or the fact that the person alleged to have been unduly influenced was suffering from mental weakness. family. 1337 699 Art. the age. or upon the person or property of his spouse. the other is induced to enter into a contract which. 1339 125 . descendants or ascendants. 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. To determine the degree of intimidation.699 Failure to disclose facts. The following circumstances shall be considered: the confidential. although it may have been employed by a third person who did not take part in the contract.697 There is undue influence when a person takes improper advantage of his power over the will of another. A threat to enforce one's claim through competent authority. 1334 696 Art. 1336 698 Art.694 Mutual error as to the legal effect of an agreement when the real purpose of the parties is frustrated. without them.695 There is violence when in order to wrest consent. if the claim is just or legal. 1333 Art. may vitiate consent. he would not have agreed to. through insidious words or machinations of one of the contracting parties. sex and condition of the person shall be borne in mind. spiritual and other relations between the parties.
1390 126 . This period shall begin: In cases of intimidation. violence or undue influence. from the time of the discovery of the same. 1344 706 Art. 1343 705 Art. unless made by an expert and the other party has relied on the former's special knowledge.The usual exaggerations in trade. when the other party had an opportunity to know the facts. intimidation. They are susceptible of ratification.701 A mere expression of an opinion does not signify fraud. 1342 704 Art.707 701 702 Art. 1340 Art. And when the action refers to contracts entered into by minors or other incapacitated persons.705 The following contracts are voidable or annullable. In case of mistake or fraud.703 Misrepresentation made in good faith is not fraudulent but may constitute error.706 The action for annulment shall be brought within four (4) years. (2) Those where the consent is vitiated by mistake. Incidental fraud only obliges the person employing it to pay damages.704 In order that fraud may make a contract voidable. unless such misrepresentation has created substantial mistake and the same is mutual. from the time the guardianship ceases. even though there may have been no damage to the contracting parties: (1) Those where one of the parties is incapable of giving consent to a contract. from the time the defect of the consent ceases. 1341 703 Art. are not in themselves fraudulent. violence.702 Misrepresentation by a third person does not vitiate consent. it should be serious and should not have been employed by both contracting parties. unless they are annulled by a proper action in court. undue influence or fraud. These contracts are binding.
1399 716 Art. violence. or undue influence.713 An obligation having been annulled. the value thereof shall be the basis for damages. In obligations to render service. 1393 710 Art. with knowledge of the reason which renders the contract voidable and such reason having ceased. It is understood that there is a tacit ratification if. 1396 713 Art. except in cases provided by law. with interest from the same date. the contracting parties shall restore to each other the things which have been the subject matter of the contract. nor can those who exerted intimidation. 1391 Art. persons who are capable cannot allege the incapacity of those with whom they contracted.714 When the defect of the contract consists in the incapacity of one of the parties.711 Ratification cleanses the contract from all its defects from the moment it was constituted.716 707 708 Art. 1392 709 Art. or employed fraud.708 Ratification may be effected expressly or tacitly. and the price with its interest.709 Ratification may be effected by the guardian of the incapacitated person. 1400 127 .710 Ratification does not require the conformity of the contracting party who has no right to bring the action for annulment. he shall return the fruits received and the value of the thing at the time of the loss. 1398 715 Art. 1395 712 Art.712 The action for the annulment of contracts may be instituted by all who are thereby obliged principally or subsidiarily. 1394 711 Art. with their fruits.715 Whenever the person obliged by the decree of annulment to return the thing cannot do so because it has been lost through his fault. the incapacitated person is not obliged to make any restitution except insofar as he has been benefited by the thing or price received by him. the person who has a right to invoke it should execute an act which necessarily implies an intention to waive his right. 1397 714 Art. However.Ratification extinguishes the action to annul a voidable contract. or caused mistake base their action upon these flaws of the contract.
etc. 3. Acceptance of benefits under these contracts 128 . Agreements for the sale of real property or interest therein.00. otherwise.The action for annulment of contracts shall be extinguished when the thing which is the object thereof is lost through the fraud or fault of the person who has a right to institute the proceedings. 717 718 Art. and 7. at a price not less than P500. not to those that are partially or completely fulfilled. . those entered into in the name of another by one without or acting in excess of authority. Agreement for the sale of goods. 2.717 As long as one of the contracting parties does not restore what in virtue of the decree of annulment he is bound to return. the other cannot be compelled to comply with what is incumbent upon him. 6.718 Unenforceable Contracts:719 The following contracts are unenforceable. 1401 Art. Special promise to answer for the debt. the loss of the thing shall not be an obstacle to the success of the action. memorandum or writing. It refers rather to a collateral promise. default or miscarriage of another. Ratification of contracts in violation of the Statute of Frauds 1. 4. Failure to object to the presentation of oral evidence to prove such contracts 2. 2. Representation as to the credit of a third person. and 3. (2) Those that do not comply with the Statute of Frauds. or who has acted beyond his powers. those where both parties are incapable of giving consent. The statute of frauds applies only to executory contracts. subscribed by the party charged or by his agent. those which do not comply with the Statute of Frauds Agreements within the scope of the Statute of Frauds (exclusive list): 1. unless they are ratified: (1) Those entered into in the name of another person by one who has been given no authority or legal representation. Agreement in consideration of marriage other than a mutual promise to marry. Agreements not to be performed within one year from the making thereof. Contracts of lease for a period longer than one year. unless said loss took place through the fraud or fault of the plaintiff. the said contracts shall be unenforceable. If the right of action is based upon the incapacity of any one of the contracting parties. 5. 1402 719 Those which cannot be enforced by proper action in court unless they are ratified What contracts are unenforceable 1.this does not refer to the original or independent promise of the debtor to his own creditor. The contracts/agreements under the Statute of Frauds require that the same be evidenced by some note.
722 Unauthorized contracts are governed by Article 1317721 and the principles of Contracts infringing the Statute of Frauds.723 720 721 Art. shall be unenforceable. before it is revoked by the other contracting party 722 Art. therefore. other than a mutual promise to marry.00). of such things in action or pay at the time some part of the purchase money. of the amount and kind of property sold. unless the buyer accept and receive part of such goods and chattels. are ratified by the failure to object to the presentation of oral evidence to prove the same. A contract entered into in the name of another by one who has no authority or legal representation. evidence. it is a sufficient memorandum. or miscarriage of another.720 agency. at the time of the sale. unless the same. at a price not less than five hundred pesos (P500. or a secondary evidence of its contents: (a) An agreement that by its terms is not to be performed within a year from the making thereof. 1405 129 . price. (f) A representation as to the credit of a third person. unless it is ratified. 1404 723 Art. of the agreement cannot be received without the writing. and subscribed by the party charged. referred to in No. be in writing. names of the purchasers and person on whose account the sale is made. (d) An agreement for the sale of goods. or for the sale of real property or of an interest therein. (b) A special promise to answer for the debt. or unless he has by law a right to represent him. chattels or things in action. or who has acted beyond his powers.In the following cases an agreement hereafter made shall be unenforceable by action. or the evidences. default. (3) Those where both parties are incapable of giving consent to a contract. terms of sale. by the person on whose behalf it has been executed. 1403 No one may contract in the name of another without being authorized by the latter. or some of them. (c) An agreement made in consideration of marriage. or by his agent. or some note or memorandum thereof. 2 of Article 1403. (e) An agreement for the leasing for a longer period than one (1) year. but when a sale is made by auction and entry is made by the auctioneer in his sales book. or by the acceptance of benefit under them. expressly or impliedly.
ratification by the parent. the contracting parties may compel each other to observe that form.725 Void Contracts:726 (1) Those whose cause. or unless he has by law a right to represent him. morals. of one of the contracting parties shall give the contract the same effect as if only one of them were incapacitated. the parties may avail themselves of the right under Article 1357. as the case may be. or who has acted beyond his powers. unless it is ratified. (2) Those which are absolutely simulated or fictitious. as the case may be. 130 . express or implied. 1406 If the law requires a document or other special form. A contract entered into in the name of another by one who has no authority or legal representation. 724 Art.When a contract is enforceable under the Statute of Frauds.724 In a contract where both parties are incapable of giving consent. good customs. and a public document is necessary for its registration in the Registry of Deeds. 1407 726 Those where all of the requisites of a contract are present but the cause. If ratification is made by the parents or guardians. before it is revoked by the other contracting party. object or purpose is contrary to law. by the person on whose behalf it has been executed. (6) Those where the intention of the parties relative to the principal object of the contract cannot be ascertained. once the contract has been perfected. shall be unenforceable. (4) Those whose object is outside the commerce of men. or guardian. 1357) 725 Art. the contract shall be validated from the inception. object or purpose is contrary to law. (5) Those which contemplate an impossible service. public order or public policy. No one may contract in the name of another without being authorized by the latter. or contract itself is prohibited or declared void by law. of both contracting parties. good customs. (3) Those whose cause or object did not exist at the time of the transaction. public order or public policy. expressly or impliedly. This right may be exercised simultaneously with the action upon the contract (Art. morals.
if there was total or partial performance of the unenforceable contract under No. good customs. Defect is Defect is caused by Defect is caused by caused by lack of vice of consent injury/ damage essential elements either to one of the or illegality parties of to a 3rd person 2. 1409 Art. These contracts cannot be ratified. as a general rule produce any legal effect 3. or capacity of both parties not cured by prescription Cannot be enforced by a proper action in court Corresponding action for recovery. Do not. Action for the declaration or nullity or inexistence or defense of nullity or inexistence does not prescribe Valid and enforceable until they are annulled by a competent court Action annulment defense annulability prescribe Valid and enforceable until they are rescinded by a competent court for Action for rescission or may prescribe of may 727 728 Art. A relative simulation.(7) Those expressly prohibited or declared void by law. 1 or 3729 of Article 1403 may prescribe 1. public order or public policy binds the parties to their real agreement. 1346 729 supra 131 . Neither can the right to set up the defense of illegality be waived. authority.727 An absolutely simulated or fictitious contract is void. morals. when it does not prejudice a third person and is not intended for any purpose contrary to law.728 Comparative table of defective contracts Void Voidable Rescissible Unenforceable Defect is caused by lack of form.
Not cured by Cured prescription prescription 5. Assailed not Assailed only by a Assailed not only by Assailed only by a only by a contracting party a contracting party contracting party contracting party but even by a third but even by a person who is third person prejudiced or whose interest is damaged by the directly affected contract 7. Effect of Contracts Contracts take effect only between the parties. Cannot ratified be Can be ratified by Cured prescription by Not cured prescription Can be ratified by Need not be ratified 6. The contracting parties must have clearly and deliberately conferred a favor upon a third person. except in case where the rights and obligations arising from the contract are not transmissible by their nature. he may demand its fulfillment provided he communicated his acceptance to the obligor before its revocation.4. The heir is not liable beyond the value of the property he received from the decedent. If a contract should contain some stipulation in favor of a third person. Assailed directly Assailed directly or Assailed directly only Assailed directly or or collaterally collaterally collaterally V. A mere incidental benefit or interest of a person is not sufficient. or by stipulation or by provision of law.730 730 Art. 1311 132 . their assigns and heirs.
SALES I. Definition and Essential Requisites of a Contract of Sale
By the contract of sale one of the contracting parties obligates himself to transfer the ownership and to deliver a determinate thing, and the other to pay therefor a price certain in money or its equivalent. A contract of sale may be absolute or conditional.731 Gross inadequacy of price does not affect a contract of sale, except as it may indicate a defect in the consent, or that the parties really intended a donation or some other act or contract.732 Where goods are sold by a person who is not the owner thereof, and who does not sell them under authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had, unless the owner of the goods is by his conduct precluded from denying the seller's authority to sell. Nothing, however, shall affect: (1) The provisions of any factors' act, recording laws, or any other provision of law enabling the apparent owner of goods to dispose of them as if he were the true owner thereof; (2) The validity of any contract of sale under statutory power of sale or under the order of a court of competent jurisdiction; (3) Purchases made in a merchant's store, or in fairs, or markets, in accordance with the Code of Commerce and special laws.733 II. Parties to a Contract of Sale
All persons who are authorized by law to obligate themselves, may enter into a contract of sale, with modifications. Where necessaries734 are those sold and delivered to a minor or other person without capacity to act, he must pay a reasonable price therefor. 735
Art. 1458 Art. 1470 733 Art. 1505 734 refers to Art. 290 which provides: Support is everything that is indispensable for sustenance, dwelling, clothing and medical attendance, according to the social position of the family. Support also includes the education of the person entitled to be supported until he completes his education or training for some profession, trade or vocation, even beyond the age of majority.
The following persons cannot acquire by purchase, even at a public or judicial auction, either in person or through the mediation of another: (1) The guardian, the property of the person or persons who may be under his guardianship; (2) Agents, the property whose administration or sale may have been intrusted to them, unless the consent of the principal has been given; (3) Executors and administrators, the property of the estate under administration; (4) Public officers and employees, the property of the State or of any subdivision thereof, or of any government-owned or controlled corporation, or institution, the administration of which has been intrusted to them; this provision shall apply to judges and government experts who, in any manner whatsoever, take part in the sale; (5) Justices, judges, prosecuting attorneys, clerks of superior and inferior courts, and other officers and employees connected with the administration of justice, the property and rights in litigation or levied upon an execution before the court within whose jurisdiction or territory they exercise their respective functions; this prohibition includes the act of acquiring by assignment and shall apply to lawyers, with respect to the property and rights which may be the object of any litigation in which they may take part by virtue of their profession; (6) Any others specially disqualified by law. The prohibitions in the two preceding articles are applicable to sales in legal redemption, compromises and renunciations.736 III. Subject Matter
The thing must be licit and the vendor must have a right to transfer the ownership thereof at the time it is delivered.737 A thing is determinate when it is particularly designated or physical segregated from all others of the same class. The requisite that a thing be determinate is satisfied if at the time the contract is entered into, the thing is capable of being made determinate without the necessity of a new or further agreement between the parties.738 Things having a potential existence may be the object of the contract of sale.
Art. 1489 Art. 1491 737 Art. 1459 738 Art. 1460
The efficacy of the sale of a mere hope or expectancy is deemed subject to the condition that the thing will come into existence. The sale of a vain hope or expectancy is void.739 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." There may be a contract of sale of goods, whose acquisition by the seller depends upon a contingency which may or may not happen.740 The sole owner of a thing may sell an undivided interest therein.741 In the case of fungible goods, there may be a sale of an undivided share of a specific mass, though the seller purports to sell and the buyer to buy a definite number, weight or measure of the goods in the mass, and though the number, weight or measure of the goods in the mass, and though the number, weight or measure of the goods in the mass is undetermined. By such a sale the buyer becomes owner in common of such a share of the mass as the number, weight or measure bought bears to the number, weight or measure of the mass. If the mass contains less than the number, weight or measure bought, the buyer becomes the owner of the whole mass and the seller is bound to make good the deficiency from goods of the same kind and quality, unless a contrary intent appears.742 Things subject to a resolutory condition may be the object of the contract of sale.743 IV. Obligations of the Seller to Transfer Ownership
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, called "future goods." There may be a contract of sale of goods, whose acquisition by the seller depends upon a contingency which may or may not happen.744 Where goods are sold by a person who is not the owner thereof, and who does not sell them under authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had, unless the owner of the goods is by his conduct precluded from denying the seller's authority to sell.745
Art. 1461 Art. 1462 741 Art. 1463 742 Art. 1464 743 Art. 1465 744 Art. 1462 745 Art. 1505
The thing must be licit and the vendor must have a right to transfer the ownership thereof at the time it is delivered.746 V. Price
The sum stipulated as the equivalent of the thing sold and also every incident taken into consideration for the fixing of the price, put to the debit of the vendee and agreed to by him. 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. Should such person or persons be unable or unwilling to fix it, the contract shall be inefficacious, unless the parties subsequently agree upon the price. If the third person or persons acted in bad faith or by mistake, the courts may fix the price. Where such third person or persons are prevented from fixing the price or terms by fault of the seller or the buyer, the party not in fault may have such remedies against the party in fault as are allowed the seller or the buyer, as the case may be.747 Gross inadequacy of price does not affect a contract of sale, except as it may indicate a defect in the consent, or that the parties really intended a donation or some other act or contract.748 If the price is simulated, the sale is void, but the act may be shown to have been in reality a donation, or some other act or contract.749 The price of securities, grain, liquids, and other things shall also be considered certain, when the price fixed is that which the thing sold would have on a definite day, or in a particular exchange or market, or when an amount is fixed above or below the price on such day, or in such exchange or market, provided said amount be certain.750 The fixing of the price can never be left to the discretion of one of the contracting parties. However, if the price fixed by one of the parties is accepted by the other, the sale is perfected.751 Where the price cannot be determined, or in any other manner, the contract is
Art. 1459 Art. 1469 748 Art. 1470 749 Art. 1471 750 Art. 1472 751 Art. 1473
inefficacious. However, if the thing or any part thereof has been delivered to and appropriated by the buyer he must pay a reasonable price therefor. What is a reasonable price is a question of fact dependent on the circumstances of each particular case.752 VI. Formation of Contract of Sale
The contract of sale is perfected at the moment there is a meeting of minds upon the thing which is the object of the contract and upon the price. From that moment, the parties may reciprocally demand performance, subject to the provisions of the law governing the form of contracts.753 A promise to buy and sell a determinate thing for a price certain is reciprocally demandable. An accepted unilateral promise to buy or to sell a determinate thing for a price certain is binding upon the promisor if the promise is supported by a consideration distinct from the price.754 When the offerer has allowed the offeree a certain period to accept, the offer may be withdrawn at any time before acceptance by communicating such withdrawal, except when the option is founded upon a consideration, as something paid or promised.755 VII. Transfer of Ownership
The ownership of the thing sold shall be transferred to the vendee upon the actual or constructive delivery thereof.756 The ownership of the thing sold is acquired by the vendee from the moment it is delivered to him in any of the ways specified in Articles 1497 to 1501, 757 or in any other manner signifying an agreement that the possession is transferred from the vendor to the vendee.758 The thing sold shall be understood as delivered, when it is placed in the control and possession of the vendee.759
Art. 1474 Art. 1475 754 Art. 1479 755 Art. 1324 756 Art. 1477 757 See Reference 758 Art. 1496 759 Art. 1497
the improvement shall inure to the benefit of the creditor. 1500 763 Art. or goes out of commerce.761 There may also be tradition constitutum possessorium. In any other case wherein said provisions are not applicable.When the sale is made through a public instrument. the provisions of the first paragraph of article 1498 shall govern. with the vendor's consent. shall be understood as a delivery. the execution thereof shall be equivalent to the delivery of the thing which is the object of the contract. or disappears in such a way that its existence is unknown or it cannot be recovered. the impairment is to be borne by the creditor. the creditor may choose between the rescission of the obligation and its fulfillment. (4) If it deteriorates through the fault of the debtor.763 VIII. he shall have no other right than that granted to the usufructuary. loss or deterioration of the thing during the pendency of the condition: (1) If the thing is lost without the fault of the debtor. (6) If it is improved at the expense of the debtor. or by time. if the thing sold cannot be transferred to the possession of the vendee at the time of the sale. 1498 Art. Risk of Loss The following rules shall be observed in case of the improvement.762 With respect to incorporeal property.764 760 761 Art. 1189 138 . with indemnity for damages in either case. if from the deed the contrary does not appear or cannot clearly be inferred. its delivery may also be made by the delivery of the keys of the place or depository where it is stored or kept. (3) When the thing deteriorates without the fault of the debtor. 1499 762 Art.760 The delivery of movable property may likewise be made by the mere consent or agreement of the contracting parties. the obligation shall be extinguished. the placing of the titles of ownership in the possession of the vendee or the use by the vendee of his rights. or if the latter already had it in his possession for any other reason. (5) If the thing is improved by its nature. (2) If the thing is lost through the fault of the debtor. With regard to movable property. it is understood that the thing is lost when it perishes. 1501 764 Art. he shall be obliged to pay damages.
dock warrant.768 X. the contract shall be without any effect. as proof of the possession or control of the goods. Documents of Title "Document of title to goods" includes any bill of lading. Remedies of an Unpaid Seller 1. or authorizing or purporting to authorize the possessor of the document to transfer or receive.765 If at the time the contract of sale is perfected." or warehouse receipt or order for the delivery of goods. or (2) As valid in all of the existing goods or in so much thereof as have not deteriorated. 1494 768 Art. Special Right of resale 4. 1493 767 Art. Possessory lien over the goods 2. 1636 139 . either by indorsement or by delivery. paying its price in proportion to the total sum agreed upon. Special Right to rescind the sale 5.In an obligation to deliver a generic thing. and the goods without the knowledge of the seller have perished in part or have wholly or in a material part so deteriorated in quality as to be substantially changed in character. the vendee may choose between withdrawing from the contract and demanding the remaining part. 1263 Art.766 Where the parties purport a sale of specific goods. the thing which is the object of the contract has been entirely lost. Right of stoppage in transitu after he has parted with the possession of the goods and the buyer becomes insolvent 3.767 IX. But if the thing should have been lost in part only. and as binding the buyer to pay the agreed price for the goods in which the ownership will pass. Action for the price 6. goods represented by such document. the buyer may at his option treat the sale: (1) As avoided. the loss or destruction of anything of the same kind does not extinguish the obligation. or any other document used in the ordinary course of business in the sale or transfer of goods. Action for damages 765 766 Art. "quedan. if the sale was divisible.
769 The vendor is bound to deliver the thing sold and its accessions and accessories in the condition in which they were upon the perfection of the contract. or course of dealing between the parties. special agreement. in conformity with the following rules: 769 770 Art. counted.771 This rule shall apply to the sale of fungible things. Performance of Contract Where the seller delivers to the buyer a quantity of goods less than he contracted to sell. 1537 771 See Reference 772 Art. Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract. The provisions of this article are subject to any usage of trade. or measure. or measured and delivered.XI. the buyer shall not be liable for more than the fair value to him of the goods so received. number. the buyer may accept the goods which are in accordance with the contract and reject the rest. he must pay for them at the contract rate. If. from the moment of the perfection of the contract to the time of delivery.770 Any injury to or benefit from the thing sold. or without consideration of their weight. All the fruits shall pertain to the vendee from the day on which the contract was perfected.772 The obligation to deliver the thing sold includes that of placing in the control of the vendee all that is mentioned in the contract. shall be governed by Articles 1163 to 1165. or measure. number. and 1262. If the buyer accepts the whole of the goods so delivered he must pay for them at the contract rate. but if the buyer accepts or retains the goods so delivered. the buyer may accept the goods included in the contract and reject the rest. Should fungible things be sold for a price fixed according to weight. Where the seller delivers to the buyer a quantity of goods larger than he contracted to sell. unless the latter has incurred in delay. If the subject matter is indivisible. after the contract has been perfected. however. knowing that the seller is not going to perform the contract in full. made independently and for a single price. 1480 140 . the buyer may reject the whole of the goods. the buyer may reject them. the buyer has used or disposed of the goods delivered before he knows that the seller is not going to perform his contract in full. 1522 Art. the risk shall not be imputed to the vendee until they have been weighed.
776 Any affirmation of fact or any promise by the seller relating to the thing is an express warranty if the natural tendency of such affirmation or promise is to induce the buyer to purchase the same. nor any statement purporting to be a statement of the seller's opinion only. all that may have been stated in the contract. if the vendee would not have bought the immovable had he known of its smaller area of inferior quality.777 773 774 Art. No affirmation of the value of the thing.775 XII. even when the area is the same. the vendee may choose between a proportional reduction of the price and the rescission of the contract. shall only take place at the will of the vendee. Warranties Express warranties: A statement or representation made by the seller of goods. The same shall be done. Where one party expressly promised that the contingency or some act fixed by the contract shall be performed. having reference to the character. counted from the day of delivery. in this case. and failure of which gives rise to an action for its breach.773 The actions arising from Articles 1539 and 1542774 shall prescribe in six months. the promise constitutes a warranty. The rescission. unless the seller made such affirmation or statement as an expert and it was relied upon by the buyer. or title of the goods. and by which he promises or undertakes to insure that certain facts are or shall be as he then represents. if the latter should demand it. but. like a promise that the goods are of a certain kind and character or that certain state of facts would exist. contemporaneously and as a part of the contract of sale.If the sale of real estate should be made with a statement of its area. shall be construed as a warranty. 1539 See reference 775 Art. quality. the lack in the area be not less than one-tenth of that stated. when the inferior value of the thing sold exceeds one-tenth of the price agreed upon. buyer purchases the subject matter relying thereon 777 Art. it must be an affirmation of fact or any promise by seller relating to the subject matter of sale 2. at the rate of a certain price for a unit of measure or number. natural tendency of affirmation or promise is to induce buyer to purchase subject matter 3. should this be not possible. he may rescind the sale. Nevertheless. 1543 776 1. if any part of the immovable is not of the quality specified in the contract. in the latter case. the vendor shall be obliged to deliver to the vendee. provided that. and if the buyer purchase the thing relying thereon. 1546 141 .
there is: (1) An implied warranty on the part of the seller that he has a right to sell the thing at the time when the ownership is to pass. the breach of warranty by way of recoupment in diminution or extinction of the price. a. auctioneer. Warranty against eviction b. 1547 142 . (De Leon) 779 Art. and is deemed incorporated in the contract of sale. Warranty as to Fitness and Merchantability In a contract of sale.Implied warranties:778 That which the law derives by implication or inference from the nature of the transaction or the relative situation or circumstances of the parties. and maintain an action against the seller for damages for the breach of warranty. 778 An implied warranty is a natural. Warranty against hidden defects c. return them or offer to return them to the seller and recover the price or any part thereof which has been paid. (3) Refuse to accept the goods. (4) Rescind the contract of sale and refuse to receive the goods or if the goods have already been received. This shall not be held to render liable a sheriff. mortgagee.779 Effects of warranties: Where there is a breach of warranty by the seller. or other person professing to sell by virtue of authority in fact or law. the buyer may. pledgee. irrespective of any intention of the seller to create it. at his election: (1) Accept or keep the goods and set up against the seller. for the sale of a thing in which a third person has a legal or equitable interest. (2) An implied warranty that the thing shall be free from any hidden faults or defects. It may however. unless a contrary intention appears. be waived or modified by express stipulation. not an essential element of a contract. (2) Accept or keep the goods and maintain an action against the seller for damages for the breach of warranty. and that the buyer shall from that time have and enjoy the legal and peaceful possession of the thing. or any charge or encumbrance not declared or known to the buyer.
but subject to a lien to secure the payment of any portion of the price which has been paid.781 (5) In the case of breach of warranty of quality. no other remedy can thereafter be granted. in the absence of special circumstances showing proximate damage of a greater amount. Even if the injured party sustains no pecuniary loss or is unable to show such loss with sufficient certainty. the seller shall be liable to repay so much thereof as has been paid. such deterioration or injury shall not prevent the buyer from returning or offering to return the goods to the seller and rescinding the sale. if the seller refuses to accept an offer of the buyer to return the goods. by repudiating it. concurrently with the return of the goods. 782 Art. 143 .780 Where the goods have been delivered to the buyer.When the buyer has claimed and been granted a remedy in anyone of these ways. 1599 783 th Black’s Law Dictionary. and with the remedies for the enforcement of such lien allowed to an unpaid seller by Article 1526. or by interfering with another party's performance. or if he fails to return or to offer to return the goods to the seller in substantially as good condition as they were in at the time the ownership was transferred to the buyer. If a court chooses to ignore a trifling departure. he shall cease to be liable for the price upon returning or offering to return the goods. or if he fails to notify the seller within a reasonable time of the election to rescind. or immediately after an offer to return the goods in exchange for repayment of the price. is the difference between the value of the goods at the time of delivery to the buyer and the value they would have had if they had answered to the warranty. Breach of Contract Violation of a contractual obligation by failing to perform one's own promise. 784 Ibid. such loss. the buyer shall thereafter be deemed to hold the goods as bailee for the seller. he cannot rescind the sale if he knew of the breach of warranty when he accepted the goods without protest. Every breach gives rise to a claim for damages. 9 Ed.784 780 781 See Reference Ibid. there is no breach and no claim arises.783 A breach may be one by non-performance. If the price or any part thereof has already been paid. Where the buyer is entitled to rescind the sale and elects to do so. he has at least a claim for nominal damages. But if deterioration or injury of the goods is due to the breach or warranty. and may give rise to other remedies.782 XIII. or by repudiation. or by both. without prejudice to the provisions of the second paragraph of Article 1191. Where the buyer is entitled to rescind the sale and elects to do so.
A. Rescission. and 4.XIV. Condonation or remission of the debt. Annulment. Other causes: 1. The Condominium Act (R. Confusion or merger of the rights of creditor and debtor. Loss of the thing due. 1231 Art. Novation. 144 . Extinguishment of the Sale Obligations are extinguished by: (1) (2) (3) (4) (5) (6) Payment or performance. 1600 787 see Reference 788 Ibid.786 XV. 957)787 XVI. No. 2. Fulfillment of a resolutory condition.785 Sales are extinguished by the same causes as all other obligations and by conventional or legal redemption. Prescription. The Subdivision and Condominium Buyers' Protective Decree (P. 3. 4726)788 785 786 Art. Compensation.D.
(2) Legal or intestate.796 An heir is a person called to the succession either by the provision of a will or by operation of law.791 Mixed succession is that effected partly by will and partly by operation of law. he is also called the testator. If he left a will. 781 796 Art. Devisees and legatees are persons to whom gifts of real and personal property are respectively given by virtue of a will. of a person are transmitted through his death to another or others either by his will or by operation of law. 780 793 Art.789 Succession may be: (1) Testamentary.795 The rights to the succession are transmitted from the moment of the death of the decedent.790 Testamentary succession is that which results from the designation of an heir. 779 792 Art. whether or not he left a will.792 Succession is a mode of acquisition by virtue of which the property.797 789 790 Art. rights and obligations to the extent of the value of the inheritance.SUCCESSION I. or (3) Mixed. 777 145 . 778 791 Art.794 The inheritance of a person includes not only the property and the transmissible rights and obligations existing at the time of his death. General Provisions The inheritance includes all the property. made in a will executed in the form prescribed by law. rights and obligations of a person which are not extinguished by his death. but also those which have accrued thereto since the opening of the succession. 775 795 Art. 776 Art.793 "Decedent" is the general term applied to the person whose property is transmitted through succession. 774 794 Art.
803 146 .798 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. and without the authority of the court. 802 806 Art. Testamentary Succession A will is an act whereby a person is permitted. to take effect after his death. it cannot be left in whole or in part to the discretion of a third person.803 All persons who are not expressly prohibited by law may make a will. 795 804 Art. 782 Art. when referred to by name. devisees or legatees. 796 805 Art. or accomplished through the instrumentality of an agent or attorney.802 The validity of a will as to its form depends upon the observance of the law in force at the time it is made. 785 802 Art. with the formalities prescribed by law.II. 786 803 Art.801 The testator may entrust to a third person the distribution of specific property or sums of money that he may leave in general to specified classes or causes.800 The duration or efficacy of the designation of heirs. 787 800 Art.799 The making of a will is a strictly personal act. or the determination of the portions which they are to take. 784 801 Art. and also the designation of the persons.806 797 798 Art. 783 799 Art.805 A married woman may dispose by will of all her separate property as well as her share of the conjugal partnership or absolute community property. institutions or establishments to which such property or sums are to be given or applied. to control to a certain degree the disposition of this estate. cannot be left to the discretion of a third person.804 A married woman may make a will without the consent of her husband.
except in cases provided in the In default of testamentary heirs. and no right of accretion takes place Code. 2. Rule of Equal Division – the relatives who are in the same degree shall inherit in equal shares 808 Legal succession shall take place only with respect to the property of which the testator has not disposed 809 Art. When the will does not institute an heir to.III. If a person dies with a will which has subsequently lost its validity 4. When the heir instituted is incapable of succeeding. If a person dies with a void will 3.813 807 Fundamental underlying principles in legal or intestate succession: 1. If the suspensive condition attached to the institution of the heir does not happen or is not fulfilled 6. in the surviving spouse. If the heir dies before the testator. the former shall be entitled to a share double that of the latter. If the heir repudiates the inheritance. saving the right of representation when it properly takes place. one-half shall go to the paternal and the other half to the maternal ascendants. 960 810 Art. 962 147 . subject to the provisions of Article 1006811 with respect to relatives of the full and half blood. the relative nearest in degree excludes the more distant ones. should they be of different lines but of equal degree. 7. there being no substitution. In each line the division shall be made per capita. Rule of Proximity – the relative nearest in degree excludes the farther one 2. 809 8. 812 Should there be more than one of equal degree belonging to the same line they shall divide the inheritance per capita.808 5. Relatives in the same degree shall inherit in equal shares. Legal or Intestate Succession Legal or intestate succession807 takes place: 1.810 In every inheritance. 961 811 Should brother and sisters of the full blood survive together with brothers and sisters of the half blood. If a person dies without a will 2. and of Article 987.812 concerning division between the paternal and maternal lines. the law vests the inheritance in the legitimate and illegitimate relatives of the deceased. and in the State. or dispose of all the property belonging to the testator. 813 Art. par.
two from the grandfather. The latter binds a person with those from whom he descends.818 If there are several relatives of the same degree. Thus. excluding the progenitor. 968 148 . A direct line is that constituted by the series of degrees among ascendants and descendants. should there be one only.Proximity of relationship is determined by the number of generations. In the collateral line. and three from the greatgrandparent. A collateral line is that constituted by the series of degrees among persons who are not ascendants and descendants. but who come from a common ancestor.816 In the line. 964 816 Art. ascent is made to the common ancestor and then descent is made to the person with whom the computation is to be made. The former unites the head of the family with those who descend from him. 963 Art. or by all the nearest relatives called by law to succeed. his portion shall accrue to the others of the same degree. 967 819 Art.817 Full blood relationship is that existing between persons who have the same father and the same mother. 966 818 Art. which may be either direct or collateral. 965 817 Art. Thus. should there be several. three from his uncle. In the direct line.815 The direct line is either descending or ascending. and one or some of them are unwilling or incapacitated to succeed. Each generation forms a degree. a person is two degrees removed from his brother. Half-blood relationship is that existing between persons who have the same father. or the same mother. four from his first cousin. and so forth. but not the same father.819 If the inheritance should be repudiated by the nearest relative. as many degrees are counted as there are generations or persons.814 A series of degrees forms a line. those of 814 815 Art. ascent is made to the common ancestor. save the right of representation when it should take place. but not the same mother. the child is one degree removed from the parent. who is the brother of his father.
823 In order that representation may take place. but never in the ascending. 978 149 . The representative does not succeed the person represented but the one whom the person represented would have succeeded. In the collateral line. if he were living or could inherit.the following degree shall inherit in their own right and cannot represent the person or persons repudiating the inheritance. 971 823 Art. 973 825 Art. without distinction as to sex or age. it takes place only in favor of the children of brothers or sisters.826 A person may represent him whose inheritance he has renounced.828 Succession pertains. 975 827 Art. 976 828 Art. 977 829 Art.829 Legitimate children and their descendants succeed the parents and other ascendants. 969 Art. they shall inherit from the latter by representation. and even if they should come from different marriages. by virtue of which the representative is raised to the place and the degree of the person represented. it is necessary that the representative himself be capable of succeeding the decedent.820 Representation is a right created by fiction of law. and acquires the rights which the latter would have if he were living or if he could have inherited. in the first place. 970 822 Art. whether they be of the full or half blood.827 Heirs who repudiate their share may not be represented.822 The right of representation takes place in the direct descending line. 974 826 Art. the division of the estate shall be made per stirpes. if they survive with their uncles or aunts.824 Whenever there is succession by representation. in such manner that the representative or representatives shall not inherit more than what the person they represent would inherit.825 When children of one or more brothers or sisters of the deceased survive. 820 821 Art. But if they alone survive. to the descending direct line. 972 824 Art.821 The representative is called to the succession by the law and not by the person represented. they shall inherit in equal portions.
dividing the inheritance in equal shares. 988 150 . 984 836 Art. 980 832 Art. In each line the division shall be made per capita. the former shall inherit in their own right.830 The children of the deceased shall always inherit from him in their own right. to the exclusion of collateral relatives.833 If illegitimate children survive with legitimate children.832 The grandchildren and other descendants shall inherit by right of representation. and if any one of them should have died. the portion pertaining to him shall be divided among the latter in equal portions. the ascendants nearest in degree shall inherit. onehalf shall go to the paternal and the other half to the maternal ascendants. leaving several heirs. his parents and relatives by consanguinity and not by adoption. if living. 987 839 Art. 982 834 Art. his parents and ascendants shall inherit from him. should they be of different lines but of equal degree.834 In case of the death of an adopted child. he or she shall succeed to the entire estate of the In default of the father and mother.An adopted child succeeds to the property of the adopting parents in the same manner as a legitimate child. 985 837 Art.838 In the absence of legitimate descendants or ascendants. 983 835 Art.836 The father and mother. the illegitimate children shall succeed to the entire estate of the deceased. Should there be more than one of equal degree belonging to the same line they shall divide the inheritance per capita. shall be his legal heirs. 981 833 Art. the shares of the former shall be in the proportions prescribed by article 895.835 In default of legitimate children and descendants of the deceased. leaving no children or descendants. 986 838 Art. survive.831 Should children of the deceased and descendants of other children who are dead. 979 Art. child.837 Should one only of them survive. and the latter by right of representation. shall inherit in equal shares.839 830 831 Art.
989 Art.848 840 841 Art. the surviving spouse shall be entitled to one-half of the estate. nor shall such children or relatives inherit in the same manner from the illegitimate child. and the legitimate parents or ascendants to the other half. 992 844 Art. they shall inherit from him share and share alike. the illegitimate children shall divide the inheritance with them. an illegitimate child shall be succeeded by his or her surviving spouse who shall be entitled to the entire estate. the former shall succeed in their own right and the latter by right of representation.If.840 The hereditary rights granted by the two preceding articles to illegitimate children shall be transmitted upon their death to their descendants. the surviving spouse has in the succession the same share as that of each of the children.847 When the widow or widower survives with legitimate parents or ascendants. who shall inherit by right of representation from their deceased grandparent. either legitimate or illegitimate. 996 848 Art.844 In default of the father or mother. 991 843 Art. taking one-half of the estate. nephews and nieces. without prejudice to the rights of brothers and sisters.846 If a widow or widower and legitimate children or descendants are left. whether legitimate or illegitimate. the surviving spouse shall inherit the entire estate.845 In the absence of legitimate descendants and ascendants. If the widow or widower should survive with brothers and sisters. and the latter the other half.843 If an illegitimate child should die without issue. 995 847 Art. his father or mother shall succeed to his entire estate. and illegitimate children and their descendants. 993 845 Art.841 If legitimate ascendants are left. under Article 1001. there should survive descendants of another illegitimate child who is dead. whatever be the number of the ascendants or of the illegitimate children.842 An illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother. 997 151 . and if the child's filiation is duly proved as to both parents. 990 842 Art. together with illegitimate children. she or he shall inherit one-half of the estate. 994 846 Art. should there be any. nephews and nieces. who are both living.
they shall inherit in equal shares. the latter shall be entitled to one-half of the inheritance and the brothers and sisters or their children to the other half. and the illegitimate children the other fourth. illegitimate children. to the other half. or a surviving spouse.852 In case of a legal separation.854 Should the only survivors be brothers and sisters of the full blood. 1000 852 Art.856 Should brother and sisters of the full blood survive together with brothers and sisters of the half blood. such widow or widower shall be entitled to one-half of the inheritance. whether legitimate or illegitimate. 1007 152 . ascendants. 1003 855 Art.850 If legitimate ascendants. and the illegitimate children or their descendants. the surviving spouse. the former shall be entitled to a share double that of the latter. the former shall inherit per capita. 1004 856 Art. 998 Art. whether legitimate or illegitimate. 1002 854 Art. 1001 853 Art. he or she shall not have any of the rights granted in the preceding articles.If a widow or widower survives with illegitimate children.851 Should brothers and sisters or their children survive with the widow or widower.853 If there are no descendants. are the only survivors. 1006 858 Art. and the latter per stirpes.855 Should brothers and sisters survive together with nephews and nieces. the ascendants shall be entitled to one-half of the inheritance. and illegitimate children are left.849 When the widow or widower survives with legitimate children or their descendants and illegitimate children or their descendants. some on the father's andsome on the mother's side. 1005 857 Art. such widow or widower shall be entitled to the same share as that of a legitimate child. all shall inherit in equal shares without distinction as to the origin of the property.857 In case brothers and sisters of the half blood. and the other half shall be divided between the surviving spouse and the illegitimate children so that such widow or widower shall have one-fourth of the estate. who are the children of the descendant's brothers and sisters of the full blood. 999 851 Art. the collateral relatives shall succeed to the entire estate of the deceased in accordance with the following articles. if the surviving spouse gave cause for the separation.858 849 850 Art.
or on its own motion. 1011 863 Art. and the real estate to the municipalities or cities. 1009 861 Art. the municipality or city shall be accountable to him for such part of the proceeds as may not have been lawfully spent. at the instance of an interested party. 1010 862 Art. 1008 Art. may order the establishment of a permanent trust. in accordance with the rules laid down for brothers and sisters of the full blood.865 859 860 Art.861 In default of persons entitled to succeed. respectively. the pertinent provisions of the Rules of Court must be observed. 1012 864 Art.864 If a person legally entitled to the estate of the deceased appears and files a claim hereto with the court within five (5) years from the date the property was delivered to the State. so that only the income from the property shall be used. the State shall inherit the whole estate. in such municipalities or cities. and public charitable institutions and centers. The court shall distribute the estate as the respective needs of each beneficiary may warrant. the other collateral relatives shall succeed to the estate.Children of brothers and sisters of the half-blood shall succeed per capita or per stirpes.863 After the payment of debts and charges. The latter shall succeed without distinction of lines or preference among them by reason of relationship by the whole blood.859 Should there be neither brothers nor sisters nor children of brothers or sisters. in which the same is situated. Such estate shall be for the benefit of public schools. the personal property shall be assigned to the municipality or city where the deceased last resided in the Philippines. The court.862 In order that the State may take possession of the property mentioned in the preceding article. the whole estate shall be assigned to the respective municipalities or cities where the same is located. 1013 865 Art. such person shall be entitled to the possession of the same. or if sold. 1014 153 . If the deceased never resided in the Philippines.860 The right to inherit ab intestato shall not extend beyond the fifth degree of relationship in the collateral line.
parents. or who died before the testator. (5) Any physician.866 In order that the right of accretion may take place in a testamentary succession.868 866 867 Art. or children. nurse. surgeon. brother. associations and corporations not permitted by law to inherit. community. or children. parents. or co-legatees. or any one claiming under such witness. even if the testator should die after the approval thereof. sister. devise or legacy. and (2) That one of the persons thus called die before the testator. nevertheless. or institution to which such priest or minister may belong. the part assigned to the one who renounces or cannot receive his share. (2) The relatives of such priest or minister of the gospel within the fourth degree.867 Persons Incapable of Succeeding: (1) The priest who heard the confession of the testator during his last illness. 1027 154 . or the minister of the gospel who extended spiritual aid to him during the same period. when two or more persons are called to the same inheritance. organization. (6) Individuals. 1016 868 Art. pro indiviso.IV. co-devisees. or to the same portion thereof. Provisions Common to Testate and Intestate Succession Accretion is a right by virtue of which. (4) Any attesting witness to the execution of a will. or be incapacitated to receive it. or renounce the inheritance. any provision made by the ward in favor of the guardian when the latter is his ascendant. the church. is added or incorporated to that of his coheirs. shall be valid. the spouse. (3) A guardian with respect to testamentary dispositions given by a ward in his favor before the final accounts of the guardianship have been approved. it shall be necessary: (1) That two or more persons be called to the same inheritance. descendant. chapter. spouse. 1015 Art. order. health officer or druggist who took care of the testator during his last illness. or spouse.
unless the authorities have already taken action. 1.870 869 870 Art. violence. (3) Those made to a public officer or his wife. or attempted against their virtue. (7) Any person who by the same means prevents another from making a will. (8) Any person who falsifies or forges a supposed will of the decedent. having knowledge of the violent death of the testator. this prohibition shall not apply to cases wherein. (2) Those made between persons found guilty of the same criminal offense. or who supplants. if the accusation has been found groundless. descendants. and the guilt of the donor and donee may be proved by preponderance of evidence in the same action. (6) Any person who by fraud. in consideration thereof. intimidation. conceals.The following donations shall be void: (1) Those made between persons who were guilty of adultery or concubinage at the time of the donation. (5) Any person convicted of adultery or concubinage with the spouse of the testator. 1032 155 . the action for declaration of nullity may be brought by the spouse of the donor or donee. (3) Any person who has accused the testator of a crime for which the law prescribes imprisonment for six years or more. 739 Art. or undue influence should cause the testator to make a will or to change one already made. or alters the latter's will. there is no obligation to make an accusation. according to law. by reason of his office. descendants and ascendants. or ascendants. (4) Any heir of full age who. his or her spouse. In the case referred to in No.869 The following are incapable of succeeding by reason of unworthiness: (1) Parents who have abandoned their children or induced their daughters to lead a corrupt or immoral life. or from revoking one already made. (2) Any person who has been convicted of an attempt against the life of the testator. should fail to report it to an officer of the law within a month.
02. the business had been carried on under a name in which his surname appeared (Art. 1912. thing which can’t be kept without deteriorating. Non-members whose names were used: don’t have the rights of a partner but are liable to 3rd persons without notice as partners (Art. the paying partner doesn’t have the right of retention if he isn’t paid. CPR) Other rules: 1. CC) 2. CC) 874 Requisites to be admissible against the partnership: 156 . CC) and acted within the scope of his authority. Use of deceased partner’s name in law firm: permissible as long as it’s indicated in the firm’s communications that the partner is deceased (Rule 3. Contract of Partnership By the contract of partnership two or more persons bind themselves to contribute money. 1846. Being a mere agent. Two or more persons may also form a partnership for the exercise of a profession. if the thing was contributed to be sold. 1815. property or industry to a common fund. CC) to distinguish the partnership from other entities & from the individual partners. But unlike an ordinary agent. CC) 872 3 obligations of the partnership: 1. it’s also the surname of a general partner b. 1815. 1796. 873 Every partnership shall operate under a firm name (Art. Lo). Rights and Obligations of Partnership The partnership can. II. he isn’t personally liable as long as he’s not at fault (Art. in general: a) b) c) d) e) solvent f) g) h) i) enter into contracts acquire and possess property of all kinds incur obligations bring civil and criminal actions be adjudged insolvent even if the individual members be each financially bear risk of loss871 reimburse872 operate under firm name873 bound by partner’s admission874 871 Partnership bears the risk: when what is contributed is a fungible thing. and contributions are appraised in the inventory (Art. CC) Partner = agent. a person continuing the partnership after a dissolution uses the firm name/name of deceased partner as part of the name: deceased partner’s individual property isn’t liable for debts contracted (Art.PARTNERSHIP I. 1840. refund disbursements with legal interest 2. CC). answer for risks (Art. 1795. with the intention of dividing the profits among themselves. answer for obligations contracted in good faith in the partnership’s interest 3. the limited partner’s surname shall not appear in the firm name unless a. before the limited partner became such. They become partners by estoppel (PNB v.
The partner who acquired it has reason to believe that it be the subject of the business. the partnership is solidarily liable with the misappropriating partner (Art. Property rights a) His rights in the specific partnership property b) His interest in the partnership c) His right to participate in the management 2. Purely industrial partner not liable for losses Exception: when a partner makes admissions for himself only without purporting to act for the partnership Admission by a former partner not admissible in evidence against the partnership. Right to reimbursement for amounts advanced to the partnership and to indemnification for risks in consequence of management 3. 1822. Rights and Obligations of Partners Among Themselves Rights: 1. 4. CC) as may be just and equitable under the circumstances according to capital contribution. it must be connected with partnership affairs 2. ( Congco vs. 6. 1820. omissions of a partner: firm is liable to the same extent as the partner (Art. 7. Obligations: 1. Right to associate with another person in his share Right of access and inspection of partnership books Right to true and full information of all things affecting the partnership Right to a formal account of partnership affairs under certain circumstances877 Right to have partnership dissolved under certain conditions. it’s within the scope of the partner’s authority (Art. Misapplication of money/property resulting in losses: if loss is suffered by the 3rd person who delivered the money/property. 1823. WON a partner at the time as long as he still remembers the partnership matter 3. 3. 157 . 877 The ten (10) year period to demand an accounting by a partner begins at the dissolution of the partnership. Notice to a partner while already a partner 2. and could’ve communicated it to the acting partner (Art. CC).j) bound by notice to partner875 k) liable for wrongful act of partner876 III. CC). Trillana) 875 Notice to the firm: 1. Knowledge is acquired by a partner who’s acting in a particular matter. CC) 876 Extent of liability for wrongful acts. With respect to contribution of property a) To contribute what had been promised 1. 5. 1821.
cannot engage in any business for himself unless the partnership expressly permits him to do so. Not to Engage in Other Business for Himself Industrial partner. 1973) 158 . from the date they should have been contributed to the time of actual delivery d) To preserve the property with the diligence of a good father of a family pending delivery to the partnership e) To indemnify the partners for any damages caused to it by the retention of the same or by delay in its contribution. if he fails to pay his contribution on time or in case he takes any amount from the common fund and converted to his own personal use d) To indemnify the partnership for the damages caused to it by the delay in the contribution or the conversion of any sum for his personal benefit. 3. Abad Santos. 878 The prohibition is absolute and applies whether the industrial partner is to engage in the same business in which the partnership is engaged or in any kind of business. 2. It is clear that the reason for the prohibition exists in both cases. The other partners have the remedy of either excluding the erring partner from the firm or of availing themselves of the benefits which he may have obtained. which is to prevent any conflict of interest between the industrial partner and the partnership and to insure faithful compliance by said partner with his prestation ( Evangelista & Co.The prohibition extends only to any operation which is of the same kind of business in which the partnership is engaged unless there is a stipulation to the contrary. vs.b) To answer for eviction in case the partnership is deprived of determinate property contributed c) To answer to the partnership for the fruits of the property the contribution of which is delayed.878 Capitalist partner. With respect to contribution of money and money converted to personal use a) To contribute on the date due the amount he has undertaken to contribute to the partnership b) To reimburse any amount he may have taken from the partnership coffers and converted to his own personal use c) To pay the agreed or legal interest. 51 SCRA 416.
profits 9.4. when the others have not collected theirs. shall be obliged. Of Partner for Damages to Partnership Every partner is responsible to the partnership for damages suffered by it through his fault. in which case the whole sum shall be applied to the partnership credit only. 5. Of Partner Who Receives Share in Partnership Credit A partner who receives. a capitalist partner is not bound to contribute to the partnership more than what he agreed to contribute but in case of an imminent loss of the business. and hold as trustee for it any profits derived by him without the consent of the other partners from any transaction connected with the formation. Duty to Render Information Partners shall render on demand true and full information of all things affecting the partnership to any partner or the legal representative of any deceased partner of any partner under legal disability. and there is no agreement to the contrary.879 7. If he refuses to contribute. He cannot compensate them with the profits and benefits which he may have earned for the partnership by his industry. Of Managing Partner who Collects Debt Where a person is separately indebted to the partnership and to the managing partner at the same time. 159 . he is under obligation to contribute an additional share to save the venture. in whole or in part. his share in the partnership credit 2) The other partners have not collected their shares. 6. except where he received it entirely for the account of the partnership. he shall be obliged to sell his interest in the partnership to other partners. in whole or in part. any sum received by the managing partner shall be applied to the two credits in proportion to their amounts. To Contribute Additional Capital As a general rule. conduct. if the debtor should thereafter become insolvent. 8. liquidation of the partnership or form any use by him of its property. Obligation to account for any benefit and hold as trustee unauthorized personal Every partner must account to the partnership for any benefit. his share in the partnership. 879 Requisites for application of rule: 1) A partner has received. to bring to the partnership capital what he received even though he may have given receipt for his share only. 3) The partnership debtor has become insolvent.
unless otherwise stipulated Liability of partnership for acts of partners: a. acting partner has in fact no authority and ii. ii. receives money or property of a third person and misapplies it883 c. Acts of Strict Dominion or Ownership881 General rule: Act does not bind the partnership. 1816 Acts which are not apparently for carrying on in the usual way the business of the partnership 882 Art. the act is authorized by all the partners. Liability arising from partner’s tort or breach of trust: a.IV. acting within the scope of his apparent authority. by any wrongful act or omission of any partner acting in the ordinary course of business of the partnership or with authority of his co-partners. not being a partner in the partnership882 b. Acts in contravention of a restriction on authority Partnership is not liable to third persons having actual or presumptive knowledge of the restrictions. or they have abandoned the business c. Where. in the course of its business. Acts for apparently carrying on in the usual way the business of the partnership General rule: Act binds the partnership. receives money or property and it is misapplied by any partner while it is in the custody of the partnership884 880 881 Art. Where the partnership. including industrial partners. Their individual liability is pro rata and subsidiary. loss or injury is caused to any person. are personally liable with all their property. the third person knows that the acting partner has no authority b. Where one partner. Exception: Partnership is bound if: i. Exception: Partnership is not bound if: i. 1822 883 Art. Obligations of Partnership/Partners to Third Persons Liability for contractual obligations:880 All partners. 1823 160 .
(3) By any event which makes it unlawful for the business of the partnership to be carried on or for the members to carry it on in partnership. (4) When a specific thing which a partner had promised to contribute to the partnership. (d) By the expulsion of any partner from the business bona fide in accordance with such a power conferred by the agreement between the partners. But where the crime is statutory.885 It is the point in time when the partners cease to carry on the business together. Dissolution is caused: (1) Without violation of the agreement between the partners: (a) By the termination of the definite term or particular undertaking specified in the agreement. (b) By the express will of any partner.V. 1828 161 . It represents the demise of a partnership. has only transferred to the partnership the use or enjoyment of the same. criminal liability may be imposed All partners are solidarily liable with the partnership for any penalty or damage arising from a partnership tort or breach of trust 885 Art. (2) In contravention of the agreement between the partners. either before or after the termination of any specified term or particular undertaking. Dissolution Change in the relation of the partners caused by any partner ceasing to be associated in carrying on the business. when no definite term or particular is specified. who must act in good faith. in any case by the loss of the thing. but the partnership shall not be dissolved by the loss of the thing when it occurs after the partnership has acquired the ownership thereof. where the circumstances do not permit a dissolution under any other provision of this article. when the partner who contributed it having reserved the ownership thereof. perishes before the delivery. especially when it involves a fine rather than imprisonment. 884 Ibid Criminal liability of partnership: Partnership liability does not extend to criminal liability where the wrongdoing is regarded as individual in character. by the express will of any partner at any time. (c) By the express will of all the partners who have not assigned their interests or suffered them to be charged for their separate debts.
or ought to have been. (7) By the civil interdiction of any partner. Powers The agent who acts as such is not personally liable to the party with whom he contracts. In this case. (8) By decree of court under the following article. VI. it shall be void if the party with whom the agent contracted is aware of the limits of the powers granted by the principal. the latter cannot set up the ignorance of the agent as to circumstances whereof he himself was.890 If a duly authorized agent acts in accordance with the orders of the principal. unless he expressly binds himself or exceeds the limits of his authority without giving such party sufficient notice of his powers. Limited Partnership One formed by two or more persons having as members one or more general partners and one or more limited partners. 1868 889 Art. 1898 891 Art. and the principal does not ratify the contract. however.889 If the agent contracts in the name of the principal. the latter not being personally liable for the obligations of the partnership. Definition of Agency A contract whereby a person886 binds himself to render some service or to do something in representation or on behalf of another887 with the consent or authority of the latter. AGENCY I.891 886 887 agent principal 888 Art. aware. exceeding the scope of his authority. 1899 162 . the agent is liable if he undertook to secure the principal's ratification. 1897 890 Art.(5) By the death of any partner.888 II. (6) By the insolvency of any partner or of the partnership.
or from his silence or inaction according to the circumstances. 1883 896 The principal is still bound by the acts of the agent just as in case of express agency 163 . 892 893 Art. neither have such persons against the principal. or has signified his willingness to ratify the agent's acts.894 If an agent acts in his own name. either orally or in writing. In such case. Acts of the agent. 1. if the principal has ratified.So far as third persons are concerned. 2.from his silence or lack of action.when he carries out the agency. if such act is within the terms of the power of attorney. Private or secret orders and instructions of the principal do not prejudice third persons who have relied upon the power of attorney or instructions shown them. The provisions shall be understood to be without prejudice to the actions between the principal and agent. 1900 Art. 1902 895 Art. the agent is the one directly bound in favor of the person with whom he has contracted. an act is deemed to have been performed within the scope of the agent's authority.895 III. even if the agent has in fact exceeded the limits of his authority according to an understanding between the principal and the agent. as if the transaction were his own. or the instructions as regards the agency. 1901 894 Art. Implied Agency Express Implied896 One where the agent has been actually One which is implied from the authorized by the principal. or his failure to repudiate the agency knowing that another person is acting on his behalf without authority. as written. Express vs.893 A third person with whom the agent wishes to contract on behalf of the principal may require the presentation of the power of attorney. acts of the principal. the principal has no right of action against the persons with whom the agent has contracted.892 A third person cannot set up the fact that the agent has exceeded his powers. except when the contract involves things belonging to the principal.
vs. et al.. Third persons cannot be adversely affected by an understanding between the principal and his agent as to the limits of the latter’s authority.IV. GR. Agency by Operation of Law The concept is essentially one of estoppel and has been explained in this manner: "The principal is bound by the acts of his agent with the apparent authority which he knowingly permits the agent to assume. third persons need not concern themselves with instructions given by the principal to his agent outside the written power of attorney. quoting Arthur v.897 V. and holds him out to the public as such.898 VIII. Doctors Hospital of Lake Worth. 415 So.J. 2d 443 (1979) 164 . Inc. except private or secret orders. While third persons are bound to inquire into the extent or scope of the agent’s authority. or which he holds the agent out to the public as possessing. 169 N. they are not required to go beyond the terms of the written power of attorney. 2002 A third person with whom the agent wishes to contract on behalf of the principal may require the presentation of the power of attorney or the instructions as regards the agency. and in the honest belief that he is what he appears to be. GR 129039. Agency Couched in General Terms One which is created in general terms and is deemed to comprise only acts of administration. Inc. 1993 Siredy Enterprises. 899 Irving v. September 27.899 897 898 Cuison vs. CA. 405 A. VII. Agency by Estoppel One who clothes another with apparent authority as his agent.88531. October 26. General vs. conversant with business usages and the nature of the particular business. Special Agency General Agency Special Agency One which comprises all the business of the One which comprises one or more specific principal transactions VI. The question in every case is whether the principal has by his voluntary act placed the agent in such a situation that a person of ordinary prudence. Agency Requiring Special Power of Attorney The scope of the agent’s authority is what appears in the written terms of the power of attorney. In the same way. cannot be permitted to deny the authority of such person in good faith. 2d 55 (1982). CA. St. Peters Hospital. 575. is justified in presuming that such agent has authority to perform the particular act in question.
they shall be solidarily liable to the agent for all the consequences of the agency. 1911 902 Art. allows agent to exercise powers not granted to him. without fault or negligence on his part.902 The principal must also indemnify the agent for all the damages which the execution of the agency may have caused the latter. and the two contracts are incompatible with each other. 1916 165 . Arises where principal by negligence in failing to supervise agent’s affairs. the principal is solidarily liable with the agent if the former allowed the latter to act as though he had full powers. should the latter so request. As for any obligation wherein the agent has exceeded his power. provided the agent is free from all fault. the principal must reimburse him therefor. the sums necessary for the execution of the agency. one of them with the agent and the other with the principal. 1910 901 Art. 1913 904 Art. even if the business or undertaking was not successful. that of prior date shall be preferred.IX. Should the agent have advanced them.906 Agency by estoppel is defined as "one created by operation of law and established by proof of such acts of the principal as reasonably lead third persons to the conclusion of its existence. 1915 906 Art. 1914 905 Art. without prejudice to the provisions of Article 1544. Rights and Obligations of Principal The principal must comply with all the obligations which the agent may have contracted within the scope of his authority.903 The agent may retain in pledge the things which are the object of the agency until the principal effects the reimbursement and pays the indemnity set forth in the two preceding articles. The reimbursement shall include interest on the sums advanced.905 When two persons contract with regard to the same thing. the principal is not bound except when he ratifies it expressly or tacitly.900 When the agent has exceeded his authority. thus justifying others in believing the agent possesses requisite authority 900 Art.904 If two or more persons have appointed an agent for a common transaction or undertaking.901 The principal must advance to the agent. 1912 903 Art. from the day on which the advance was made.
1928 911 Art. even if he should withdraw from the agency for a valid reason. he alone shall be responsible. or if a partner is appointed manager of a partnership in the contract of partnership and his removal from the management is unjustifiable. If the latter should suffer any damage by reason of the withdrawal. or that the latter would be allowed only a certain sum. 1917 Art. (3) When the agent incurred them with knowledge that an unfavorable result would ensue. unless the agent should base his withdrawal upon the impossibility of continuing the performance of the agency without grave detriment to himself. If the agent acted in bad faith. 1929 912 Art. Irrevocable Agency An agency cannot be revoked if a bilateral contract depends upon it. 1930 166 .907 The principal is not liable for the expenses incurred by the agent in the following cases: (1) If the agent acted in contravention of the principal's instructions. the principal shall be liable in damages to the third person whose contract must be rejected. if the principal was not aware thereof. (2) When the expenses were due to the fault of the agent. or in the interest of a third person who has accepted the stipulation in his favor. if it has been constituted in the common interest of the latter and of the agent.In the case referred to in the preceding article. 910 The agent. 1918 909 Art. if the agent has acted in good faith.908 X.912 907 908 Art. or if it is the means of fulfilling an obligation already contracted. (4) When it was stipulated that the expenses would be borne by the agent. the agent must indemnify him therefor. must continue to act until the principal has had reasonable opportunity to take the necessary steps to meet the situation. 1927 910 Art. unless the latter should wish to avail himself of the benefits derived from the contract.911 The agency shall remain in full force and effect even after the death of the principal.909 The agent may withdraw from the agency by giving due notice to the principal.
(5) The jurisdiction of courts. insanity or insolvency of the principal or of the agent Withdrawal of the agent913 Accomplishment of the object or the purpose of the agency Revocation Dissolution of the firm or corporation. 5. Expiration of the period Death. 914 Art. Modes of Extinguishment 1. which entrusted or accepted the agency COMPROMISE I. 2. 3. by making reciprocal concessions.916 If one of the parties fails or refuses to abide by the compromise.XI. 2041 167 . (2) The validity of a marriage or a legal separation. civil interdiction. Effect The effect and authority of res judicata. 2037 917 Art. 2028 915 Art.917 913 Agent may withdraw by giving notice to the principal. but there shall be no execution except in compliance with a judicial compromise. (4) Future support.914 II. (6) Future legitime 915 III. Void Compromise No compromise upon the following questions shall be valid: (1) The civil status of persons. 2035 916 Art. Definition A contract whereby the parties. avoid a litigation or put an end to one already commenced. 4. but must indemnify the principal for damages that he may suffer by reason of such withdrawal. the other party may either enforce the compromise or regard it as rescinded and insist upon his original demand. 6. (3) Any ground for legal separation.
1934 920 Sequestration 921 Arts. Loan By the contract of loan. or on the seizure of property in litigation occasion of any calamity. 1968 – 1995 922 Arts. Deposit A contract constituted from the moment a person receives a thing belonging to another.921 Necessary deposit Judicial deposit920 One made in compliance When an attachment or with a legal obligation. or money or other consumable thing. while in simple loan. Commodatum is essentially gratuitous. but the commodatumor simple loan itself shall not be perfected until the delivery of the object of the contract.2004 923 Arts. with the obligation of safely keeping it and of returning the same.919 II. in which case the contract is simply called a loan or mutuum. 1933 Art. Voluntary deposit One wherein the delivery is made by the will of the depositor or by two or more persons each of whom believes himself entitled to the thing deposited.918 An accepted promise to deliver something by way ofcommodatum or simple loan is binding upon parties. In commodatum the bailor retains the ownership of the thing loaned. either something not consumable so that the latter may use the same for a certain time and return it.CREDIT TRANSACTIONS I. in which case the contract is called a commodatum. travellers in hotels and inns. Simple loan may be gratuitous or with a stipulation to pay interest. ownership passes to the borrower. 1996 .923 918 919 Art. or by is ordered. 1734 – 1735 168 . upon the condition that the same amount of the same kind and quality shall be paid. one of the parties delivers to another.922 or by travellers with common carriers.
not only in favor of the principal debtor. 2048 926 Art. In such case the contract is called a suretyship. 2047 Art. It may also guarantee a natural obligation. called the guarantor.929 A guaranty may also be given as security for future debts. Should he have bound himself for more. If a person binds himself solidarily with the principal debtor. Guaranty and Suretyship By guaranty a person. 2052 930 Art. with the latter's consent. A conditional obligation may also be secured. but also in favor of the other guarantor. or even over his objection. 2051 929 Art. the provisions of Section 4.928 A guaranty cannot exist without a valid obligation. both as regards the amount and the onerous nature of the conditions. Nevertheless. but not for more than the principal debtor.924 A guaranty is gratuitous. gratuitous.927 A guaranty may be conventional. or against the will of the principal debtor. but shall not thereby bind the conjugal partnership. 2054 169 . binds himself to the creditor to fulfill the obligation of the principal debtor in case the latter should fail to do so. or without his knowledge.926 If a guaranty is entered into without the knowledge or consent. 2049 927 Art. the amount of which is not yet known. legal or judicial.931 924 925 Art. except in cases provided by law. there can be no claim against the guarantor until the debt is liquidated. Title I of this Book shall be observed. his obligations shall be reduced to the limits of that of the debtor. a guaranty may be constituted to guarantee the performance of a voidable or an unenforceable contract. or by onerous title. the provisions of Articles 1236 and 1237 shall apply. 2050 928 Art.III. unless there is a stipulation to the contrary. It may also be constituted. 2053 931 Art.930 A guarantor may bind himself for less.925 A married woman may guarantee an obligation without the husband's consent. Chapter 3.
932 One who is obliged to furnish a guarantor shall present a person who possesses integrity. is responsible to the co-guarantors in the same terms as the guarantor. including the payer. his share shall be borne by the others. the one among them who has paid may demand of each of the others the share which is proportionally owing from him. The guarantor shall be subject to the jurisdiction of the court of the place where this obligation is to be complied with. Release in favor of one of the guarantors.937 Extinguishment of guaranty: 1. 2075 938 Art. the same defenses which would have pertained to the principal debtor against the creditor. the creditor may demand another who has all the qualifications required in the preceding article.933 If the guarantor should be convicted in first instance of a crime involving dishonesty or should become insolvent. without the consent of the others. and sufficient property to answer for the obligation which he guarantees. including the judicial costs. but also all its accessories. and which are not purely personal to the debtor.936 A sub-guarantor.938 932 933 Art.935 The co-guarantors may set up against the one who paid. unless the payment has been made by virtue of a judicial demand or unless the principal debtor is insolvent. in the same proportion. it shall compromise not only the principal obligation. The provisions shall not be applicable. If any of the guarantors should be insolvent. it must be express and cannot extend to more than what is stipulated therein. that the guarantor shall only be liable for those costs incurred after he has been judicially required to pay. 2073 936 Art. 2055 Art. provided with respect to the latter. capacity to bind himself. 2074 937 Art. 2057 935 Art.934 When there are two or more guarantors of the same debtor and for the same debt. If it be simple or indefinite. in case of the insolvency of the guarantor for whom he bound himself.A guaranty is not presumed. 2056 934 Art. The case is excepted where the creditor has required and stipulated that a specified person should be the guarantor. 2078 170 . benefits all to the extent of the share of the guarantor to whom it has been granted.
and thereafter to the principal of his credit. If the creditor voluntarily accepts immovable or other properties in payment of the debt.A. Real Mortgage A contract whereby the debtor secures to the creditor the fulfilment of a principal obligation.940 4.944 VII. Pledge A contract wherein the debtor delivers to the creditor or to a third person a movable or document evidencing incorporeal rights for the purpose of securing fulfillment of a principal obligation with the understanding that when the obligation is fulfilled.. 2080 941 Art. 1231 942 Art. as amended by R. For the same causes as all other obligations. specially subjecting to such security immovable property or real rights over immovable property in case the principal obligation is not complied with at the time stipulated. Antichresis A contract whereby the creditor acquires the right to receive the fruits of an immovable of the debtor.939 3. 4118.943 VI. 2079 943 see Reference 944 Art. 2077 Art. mortgages and preferences of the former. Chattel Mortgage A contract by virtue of which personal property is recorded in the Chattel Mortgage Register as a security for the performance of an obligation. 2132 171 .942 IV. if owing. even if he should afterwards lose the same through eviction or conveyance of property.945 939 940 Art. with the obligation to apply them to the payment of the interest. Extension granted to the debtor by the creditor without the consent of the guarantor. the guarantors even though they are solidarily liable cannot be subrogated to the rights. Act 3135. Whenever by some act of the creditor. When the principal obligation is extinguished. the thing delivered shall be returned with all its fruits and accessions.2. No. V.941 5. 6.
on said movables. up to the value thereof. (3) Claims for the unpaid price of movables sold. this right is not lost by the immobilization of the thing by destination. so long as they are in the possession of the debtor. IX. Concurrence and Preference of Credits Concurrence of Credits Preference of Credit Possession by two or more creditors of equal Right held by a creditor to be preferred in rights or privileges over the same property or the payment of his claim above others out of all of the property of the debtor the debtor’s assets With reference to specific movable property of the debtor. money or securities obtained by them. Quasi-contracts Negotiorum Gestio Solutio Indebiti - Arises whenever a person Arises whenever a person unduly voluntarily takes charge of the agency or delivers a thing through mistake to management of the business or property another who has no right to demand it. provided it has not lost its form.946 VIII. (4) Credits guaranteed with a pledge so long as the things pledged are in the hands of the creditor. the lien may be enforced on the price.Act 1508. when the price thereof can be determined proportionally. or those guaranteed by a chattel mortgage. upon the things pledged or mortgaged. taxes and fees due thereon to the State or any subdivision thereof. and if the movable has been resold by the debtor and the price is still unpaid. the following claims or liens shall be preferred: (1) Duties. 2140 see Reference 172 . neither is the right lost by the sale of the thing together with other property for a lump sum. up to the value of the same. 945 946 Art. substance and identity. breach of trust. (2) Claims arising from misappropriation. on the movables. of another without any power or authority from the latter. or malfeasance by public officials committed in the performance of their duties.
until their delivery and for thirty days thereafter. engineers and contractors. as well as of architects. (13) Claims in favor of the depositor if the depositary has wrongfully sold the thing deposited. reconstruction. masons. upon said buildings. 947 Art. (10) Credits for lodging and supplies usually furnished to travellers by hotel keepers. but not for money loaned to the guests. engaged in the construction. 2241 173 . In the foregoing cases. repair. upon the goods salvaged. canals or other works. upon said buildings. within thirty days from the unlawful seizure. on the goods manufactured or the work done.947 With reference to specific immovable property and real rights of the debtor.(5) Credits for the making. the following claims. mortgages and liens shall be preferred. (12) Credits for rent for one year. (7) For expenses of salvage. on the movables belonging to the guest as long as such movables are in the hotel. canals or other works. if the movables to which the lien or preference attaches have been wrongfully taken. and shall constitute an encumbrance on the immovable or real right: (1) Taxes due upon the land or building. on the movable thus made. upon the price of the sale. canals or other works. or repair of buildings. but not on money or instruments of credit. kept or possessed. (9) Credits for transportation. upon the goods carried. (11) Credits for seeds and expenses for cultivation and harvest advanced to the debtor. reconstruction or repair of buildings. upon the personal property of the lessee existing on the immovable leased and on the fruits of the same. arising from the contract of tenancy on shares. (4) Claims of furnishers of materials used in the construction. mechanics and other workmen. the creditor may demand them from any possessor. (2) For the unpaid price of real property sold. upon the immovable sold. on the share of each in the fruits or harvest. upon the fruits harvested. (3) Claims of laborers. (6) Claims for laborers' wages. safekeeping or preservation of personal property. repaired. (8) Credits between the landlord and the tenant. for the price of the contract and incidental expenses. canals or other works.
948 The claims or credits enumerated in the two preceding articles shall be considered as mortgages or pledges of real or personal property. real and personal. when approved by the court. the following claims or credits shall be preferred in the order named: (1) Proper funeral expenses for the debtor. 1. by attachments or executions. during the last year preceding the insolvency.(5) Mortgage credits recorded in the Registry of Property. upon the property insured.949 With reference to other property. or liens within the purview of legal provisions governing insolvency. or illness resulting from the nature of the employment. upon the real estate mortgaged. upon the real property thus divided. article 2242. 2242 Art. 2243 174 . (3) Expenses during the last illness of the debtor or of his or her spouse and children under his or her parental authority. for the insurance premium for two years. (7) Credits annotated in the Registry of Property. and for three months thereafter. (10) Credits of insurers. (2) Credits for services rendered the insolvent by employees. upon the immovable donated. (9) Claims of donors or real property for pecuniary charges or other conditions imposed upon the donee. and family. (5) Credits and advancements made to the debtor for support of himself or herself. (6) Support during the insolvency proceedings. Taxes mentioned in No. 1. if they have no property of their own. upon the property affected. 948 949 Art. of the debtor. (4) Compensation due the laborers or their dependents under laws providing for indemnity for damages in cases of labor accident. upon the immovable preserved or improved. (7) Fines and civil indemnification arising from a criminal offense. (6) Expenses for the preservation or improvement of real property when the law authorizes reimbursement. shall first be satisfied. and No. laborers. article 2241. and only as to later credits. (8) Claims of co-heirs for warranty in the partition of an immovable among them. or household helpers for one year preceding the commencement of the proceedings in insolvency. in virtue of a judicial order. or children under his or her parental authority who have no property of their own.
and 2242. 2244 954 Art. 1. 2246 956 Art. No. without special privilege. (14) Credits which. No.951 (11) Taxes and assessments due any city or municipality. other than those indicated in articles 2241.950 (10) Taxes and assessments due any province.956 Those credits which enjoy preference in relation to specific real property or real rights. 1. No.953 Credits of any other kind or class. if they have been the subject of litigation. and 2242. No. and expenses incurred in the administration of the insolvent's estate for the common interest of the creditors. 2245 955 Art.955 If there are two or more credits with respect to the same specific movable property. 1. taxes and fees due the State or any subdivision thereof. when properly authorized and approved by the court. exclude all others to the extent of the value of the immovable or real right to which the preference refers. shall enjoy no preference. 2248 175 . 2247 957 Art. they shall be satisfied pro rata. (9) Taxes and assessments due the national government. No.954 Those credits which enjoy preference with respect to specific movables. exclude all others to the extent of the value of the personal property to which the preference refers. (13) Gifts due to public and private institutions of charity or beneficence. or (b) in a final judgment. other than those referred to in articles 2241. 1.957 950 951 supra ibid 952 ibid 953 Art. appear in (a) a public instrument. or by any other right or title not comprised in the four preceding articles. other than those mentioned in articles 2241. and 2242. after the payment of duties. These credits shall have preference among themselves in the order of priority of the dates of the instruments and of the judgments.(8) Legal expenses. 1. 1.952 (12) Damages for death or personal injuries caused by a quasi-delict. respectively. No.
no lease for more than ninety-nine years shall be valid. Lease of Work or Services One of the parties binds himself to execute a piece of work or to render to the other some service for a price certain. 1646 176 . for the payment of the other credits. 2251 963 Art. Lease of Rural and Urban Lands Qualified persons Those not covered within the scope as provided for under Articles 1490 and 1491 965 of the Civil Code. However. 2249 Art. after the payment of the credits which enjoy preference with respect to specific property.959 Those credits which do not enjoy any preference with respect to specific property. shall be satisfied according to the following rules: (1) In the order established in Article 2244.963 II.960 (2) Common credits referred to in Article 2245961 shall be paid pro rata regardless of dates.958 The excess. Lease of Things One of the parties binds himself to give to another the enjoyment or use of a thing for a price certain and for a period which may be definite or indefinite . after the payment of the taxes and assessments upon the immovable property or real right. 1643 964 Art.962 LEASE I. 1644 965 See Reference 966 Art. but the relations of principal and agent does not exist between them. 2250 960 supra 961 ibid 962 Art.If there are two or more credits with respect to the same specific real property or real rights. they shall be satisfied pro rata. shall be added to the free property which the debtor may have. if any.966 958 959 Art. and those which enjoy preference. real or personal.964 III. as to the amount not paid.
(3) To maintain the lessee in the peaceful and adequate enjoyment of the lease for the entire duration of the contract. it shall not be binding upon third persons. (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. Payments of rent in advance by the sublessee shall be deemed not to have been made. Unless a lease is recorded. the sublessee shall not be responsible beyond the amount of rent due from him. unless there is a stipulation to the contrary. at the time of the extra-judicial demand by the lessor. in whole or in part. so far as the lessor's claim is concerned.971 The lessor is obliged: (1) To deliver the thing which is the object of the contract in such a condition as to render it fit for the use intended. the sublessee is bound to the lessor for all acts which refer to the use and preservation of the thing leased in the manner stipulated between the lessor and the lessee. unless there is a stipulation to the contrary. the lessee may sublet the thing leased. However. unless said payments were effected in virtue of the custom of the place.968 IV.Registration Every lease of real estate may be recorded in the Registry of Property. 1649 969 Art. 1654 177 .970 The sublessee is subsidiarily liable to the lessor for any rent due from the lessee.967 Prohibitions The lessee cannot assign the lease without the consent of the lessor.972 967 968 Art. Rights and Obligations of Lessor and Lessee When in the contract of lease of things there is no express prohibition. 1651 971 Art. in accordance with the terms of the sublease. 1650 970 Art.969 Without prejudice to his obligation toward the sublessor. 1652 972 Art. without prejudice to his responsibility for the performance of the contract toward the lessor. 1648 Art.
even if at the time the contract was perfected the former knew of the dangerous condition or waived the right to rescind the lease on account of this condition. 1658 977 supra 978 Art.973 The lessor of a business or industrial establishment may continue engaging in the same business or industry to which the lessee devotes the thing leased.974 The lessee is obliged: (1) To pay the price of the lease according to the terms stipulated. (2) To use the thing leased as a diligent father of a family.979 If during the lease it should become necessary to make some urgent repairs upon the thing leased.976 If the lessor or the lessee should not comply with the obligations set forth in articles 1654 and 1657. according to the custom of the place. unless there is a stipulation to the contrary. If the repairs last more than forty days the rent shall be reduced in proportion to the time . which cannot be deferred until the termination of the lease. the lessee may choose between a proportional reduction of the rent and a rescission of the lease.and the part of the property of which the lessee has been deprived.978 If a dwelling place or any other building intended for human habitation is in such a condition that its use brings imminent and serious danger to life or health. and although during the same. the lessee is obliged to tolerate the work. 1657 976 Art.977 the aggrieved party may ask for the rescission of the contract and indemnification for damages. 1659 979 Art. the lessee may terminate the lease at once by notifying the lessor. although it may be very annoying to him. 1656 975 Art. 973 974 Art. 1655 Art. to that which may be inferred from the nature of the thing leased.If the thing leased is totally destroyed by a fortuitous event. allowing the contract to remain in force. If the destruction is partial. and in the absence of stipulation.including the first forty days . 1660 178 . the lease is extinguished. or only the latter. (3) To pay expenses for the deed of lease. he may be deprived of a part of the premises.975 The lessee may suspend the payment of the rent in case the lessor fails to make the necessary repairs or to maintain the lessee in peaceful and adequate enjoyment of the property leased. devoting it to the use stipulated.
If the lessor fails to make urgent repairs. they shall be borne equally by both the bailor and the bailee. He is also obliged to advise the owner. unless there is a stipulation to the contrary. upon the termination of the lease.980 The lessee is obliged to bring to the knowledge of the proprietor. of the need of all repairs included in No. or from an inevitable cause. within the shortest possible time. with the same urgency. in order to avoid an imminent danger.983 In the absence of a statement concerning the condition of the thing at the time the lease was constituted. 1667 986 Art.982 The lessee shall return the thing leased.When the work is of such a nature that the portion which the lessee and his family need for their dwelling becomes uninhabitable.987 980 981 Art.986 The bailor shall refund the extraordinary expenses during the contract for the preservation of the thing loaned. he may rescind the contract if the main purpose of the lease is to provide a dwelling place for the lessee. This burden of proof on the lessee does not apply when the destruction is due to earthquake. storm or other natural calamity. as he received it. may order the repairs at the lessor's cost. unless there is proof to the contrary. the lessee. except when they are so urgent that the reply to the notification cannot be awaited without danger. the law presumes that the lessee received it in good condition. provided the bailee brings the same to the knowledge of the bailor before incurring them. unless he proves that it took place without his fault. If the extraordinary expenses arise on the occasion of the actual use of the thing by the bailee. flood.984 The lessee is responsible for the deterioration or loss of the thing leased. 1662 supra 982 Art. every usurpation or untoward act which any third person may have committed or may be openly preparing to carry out upon the thing leased. even though he acted without fault.985 The lessee is liable for any deterioration caused by members of his household and by guests and visitors. or by ordinary wear and tear. 1949 179 . 1668 987 Art. 1665 984 Art.981 In both cases the lessee shall be liable for the damages which. may be suffered by the proprietor. 2 of article 1654. save what has been lost or impaired by the lapse of time. 1666 985 Art. through his negligence. 1663 983 Art.
pestilence. or which it may yield once. the provisions on partnership and by the customs of the place. save always when there is a specific stipulation to the contrary. and which the contracting parties could not have reasonably foreseen. and. but he shall have such right in case of the loss of more than one-half of the fruits through extraordinary and unforeseen fortuitous events. or by reason of the loss of fruits due to ordinary fortuitous events. or others which are uncommon. unusual flood. 1684 993 Art. reciprocally. Special Rules for Lease of Rural/Urban Lands The lessee shall have no right to a reduction of the rent on account of the sterility of the land leased. root or trunk. although two or more years have to elapse for the purpose. locusts. 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. when its duration has not been fixed.988 Neither does the lessee have any right to a reduction of the rent if the fruits are lost after they have been separated from their stalk. Extraordinary fortuitous events are understood to be: fire.991 Land tenancy on shares shall be governed by special laws.989 The lease of a piece of rural land.993 988 989 Art. 1683 992 Art. all in accordance with the custom of the place.992 The tenant on shares cannot be ejected except in cases specified by law.990 The outgoing lessee shall allow the incoming lessee or the lessor the use of the premises and other means necessary for the preparatory labor for the following year. 1680 Art. 1685 180 . 1682 991 Art. 1681 990 Art. the stipulations of the parties.V. war. the incoming lessee or the lessor is under obligation to permit the outgoing lessee to do whatever may be necessary for the gathering or harvesting and utilization of the fruits. earthquake.
‖998 II. ―all laws. It does not protect a usurper from the true owner. otherwise known as the Land Registration Act. 1903. No. waters. forests. 1978 996 Act 2259 997 Com. all other natural resources shall not be alienated. 1529 was issued to cope with the growing need of updating the Land Registration Act. These are the Cadastral Law of February 11. 141 998 Sec. fisheries. The Torrens system does not create or vest title.LAND TITLES AND DEEDS I. 496. 1903 has not been repealed or abrogated but rather. upon the landowner’s application. Torrens System A system for registration of land under which. minerals. and natural resources belong to the state. and to further strengthen the Torrens system. petroleum and other mineral oils. decrees. rules and regulations or parts thereof. to codify the various other laws relative to registration of real property and real rights. 496. It only confirms and records title already existing and vested. in conflict with any provisions of this decree are hereby repealed or modified accordingly. after appropriate proceedings. indefeasible and imprescriptible. Art. all forces of potential energy.999 994 995 Angeles vs. Land Registration Act No. P. Rights acquired under this system are guaranteed by the government which provides an assurance fund to answer for damages to be suffered by persons thru the operation of this system. Act No. Presidential Decree No. 1529 which was enacted on June 11. 2. Regalian Doctrine All lands of the public domain. 1529 999 Sec. 20. wildlife. 1987 Constitution 181 .D. Act No. direct the issuance of a certificate of title.995 There are two (2) laws ancillary to Act No. 1913996 and the Public Land Law of December 1. Samia. or timber.D. It does not permit one to enrich himself at the expense of another994 In order to establish a system of registration by which title recorded became absolute. It cannot be a shield for the commission of fraud. 1936997 which have been subsequently amended by later legislations. 444 (1938) Act 496 has been amended by P. was passed and took effect on February 1. With the exception of agricultural lands. coal. This method is also known as the Torrens system of land registration. flora and fauna. 496 of February 1. the court may. XII. orders. 66 Phil.
have been in open.1001 d. provided. CA. that should the period for redemption expire during the pendency of the registration proceedings and ownership to the property consolidated in the vendee a retro. 1998. b. 295 SCRA 296. the vendor a retro may file an application for the original registration of the land. exclusive and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of ownership since June 12. Private corporations may lease not more than 1. or earlier. homestead or grant. unless prohibited by the instrument creating the trust.Under the Regalian doctrine.000 hectares for 25 years renewable for another 25 years. all the co-owners shall file the application 1000 Spouses Reyes et at. IV. and law. March 3. Where the land has been sold under pacto de retro. jointly. All lands not otherwise appearing to be clearly within private ownership are presumed to belong to the State.1997 1001 Sec. by themselves or through their predecessors-in-interest. continuous. which is the source of any asserted right to ownership of land. Those who have acquired ownership of land in any other manner provided for by Where the land is owned in common. Those who have acquired ownership of private lands or abandoned river beds by right of accession or accretion. or lease not more than 500 hectares. Citizenship Requirement Alienable lands of the public domain: Only Filipino citizens may acquire not more than 12 hectares by purchase.1000 III. Cacho v. however. c. 14 182 . the latter shall be substituted for the applicant and may continue the proceedings. Original Registration Under PD 1529 a. 269 SCRA 159. September 10. v. Those who have acquired ownership of private lands by prescription under the provisions of existing laws. A trustee on behalf of the principal may apply for original registration of any land held in trust by him. 1945. CA. all lands of the public domain belong to the State. Those who.
continuous. IAC and ACME Plywood. (Dir. 3. by way of exception. (Sec. but have with or without default upon their part.1002 All these persons must be natural-born Filipino Citizens. Chapter XII. for at least thirty years immediately preceding the filing of the application for confirmation of title except when prevented by war or force majeure. juridical persons may apply for registration of leased agricultural and disposable lands not exceeding 1. continuous. if such applicants or grantees and their heirs have occupied and cultivated said lands continuously since the filing of their applications. 53 (b) 183 . whether disposable or not. under a bona fide claim of ownership for at least 30 years shall be entitled to the rights granted in sub-section (b) hereof. (c) Members of the national cultural minorities who by themselves or through their predecessors-in-interest have been in open. or for any other cause. An individual or recognized head of a family or clan may file such application in his behalf or in behalf of his family or clan. composition or other form of grant of lands of the public domain under the laws and royal decrees then in force and have instituted and prosecuted the proceedings in connection therewith. (b) Those who by themselves or through their predecessors in interest have been in open. Under RA 8371 Individual and indigenous corporate claimants of ancestral lands which are not within ancestral domains. However. at the time of institution of the registration proceedings. not received title therefor. These shall be conclusively presumed to have performed all the conditions essential to a Government grant and shall be entitled to a certificate of title under the provisions of this chapter. 1987 Constitution) Notwithstanding the prohibition in the 1973 and 1987 Constitutions against private corporations holding lands of the public domain except by lease. the land was already private land. under a bona fide claim of acquisition or ownership. respectively. exclusive. exclusive and notorious possession and occupation of lands of the public domain suitable to agriculture. still a private corporation may institute confirmation proceedings under Section 48(b) of Public Land Act if. of Lands vs. may have their claims officially established by filing applications for the identification and delineation of their claims with the Ancestral Domains Office.000 hectares in area for a period of 25 years and renewable for not more than 25 years. 146 SCRA 509) 1002 Sec.Under CA 141 (a) Those who prior to the transfer of sovereignty from Spain to the prior United States have applied for the purchase. and notorious possession and occupation of agricultural lands of the public domain.
Those reserved by the government for public or quasi-public purposes. rivers. shall continue to remain in force. Government of P. walls and fortresses. Subsequent Registration Takes place when any deed affecting the land is made of public record after the date of its original registration.1005 1003 1004 Art. New Constitution Vano vs.D. banks and shores.V.1003 Public forests are non-alienable public lands.. 4. The Constitution provides that all natural resources. Hereafter. residential and resettlement lands are inalienable. commercial and industrial. however long. 3. except agricultural.. Public forests. 1529 184 . Dealings with Unregistered Lands The system of registration under the Spanish Mortgage Law is hereby discontinued and all lands recorded under said system which are not yet covered by Torrens title shall be considered as unregistered lands. 3344. XIV.I. 41 Phil. Non-registrable Properties The following lands are not registrable by any private person in his name: 1. P. provided. where incidental matters after original registration may be brought before the land registration court by way of motion or petition filed by the registered owner or a party in interest. until the land shall have been brought under the operation of the Torrens system. cannot convert the same into private property1004 VII. 2. The books of registration for unregistered lands provided under Section 194 of the Revised Administrative Code. all instruments affecting lands originally registered under the Spanish Mortgage Law may be recorded under Section 113 of this Decree. Possession of public forests on the part of the claimant. Those devoted to public service such as towns. streets. Sec. 3. that all instruments dealing with unregistered lands shall henceforth be registered under Section 113 of this Decree. Those devoted to public land use such as public roads. canals. 161 (1920) 1005 Sec. plazas. as amended by Act No. 8. and 5. Mineral lands. VI.
adverse claim and other instruments in the nature of involuntary dealings with respect to unregistered lands. In case the Register of Deeds refuses its administration to record. (c) After recording on the Record Book. unless such instrument shall have been recorded in the manner herein prescribed in the office of the Register of Deeds for the province or city where the land lies. 185 . he shall collect the same amount of fees prescribed for similar services for the registration of deeds or instruments concerning registered lands. (d) Tax sale. mortgage. the date. on the face of the instrument. if made in the form sufficient in law. with appropriate annotation. and the latter may appeal the matter to the Commissioner of Land Registration in accordance with the provisions of Section 117 of this Decree. lease. id. attachment and levy. (a) The Register of Deeds for each province or city shall keep a Primary Entry Book and a Registration Book. the Register of Deeds shall forthwith record the instrument in the manner provided herein. 113. hour and minute it was presented and received. the names of the parties. the entry number. upon the original of the recorded instruments. the Register of Deeds shall endorse among other things. or other voluntary instrument affecting land not registered under the Torrens system shall be valid. It shall be understood that any recording made under this section shall be without prejudice to a third party with a better right. (e) For the services to be rendered by the Register of Deeds under this section. after the same shall have been entered in the Primary Entry Book. The Primary Entry Book shall contain. the nature of the document. notice of lis pendens. returning to the registrant or person in interest the duplicate of the instrument. shall likewise be admissible to record under this section.1006 1006 Sec. (b) If.No deed. said official shall advise the party in interest in writing of the ground or grounds for his refusal. the file number and the date as well as the hour and minute when the document was received for recording as shown in the Primary Entry Book. certifying that he has recorded the instrument after reserving one copy thereof to be furnished the provincial or city assessor as required by existing law. among other particulars. except as between the parties thereto. The recording of the deed and other instruments relating to unregistered lands shall be effected by any of annotation on the space provided therefor in the Registration Book. it appears that it is sufficient in law. conveyance.
To act with justice 2.1008 If something is received when there is no right to demand it. 19 Contains a mere declaration of principles. shall indemnify the latter for the same. wilfully or negligently causes damage to another. in the exercise of his rights and in the performance of his duties. 2154 1010 Art.1010 Even when an act or event causing damage to another's property was not due to the fault or negligence of the defendant. acquires or comes into possession of something at the expense of the latter without just or legal ground. 20 Even if the particular provision of law does not expressly provide for indemnification in case of violation. 20 ( Globe Mackay vs. The declaration is implemented by Art. and observe honesty and good faith. there is liability for damages under this article. 22 1009 Art.23 1012 Art.TORTS AND DAMAGES Book I--Torts I. CA) Sets certain standards which must be observed not only in the exercised of one’s rights but also in the performance of one’s duties. so long as there is a violation of law and damage resulting therefrom.1009 Certain lawful. give everyone his due. 2142 1011 Art.1013 1007 Art. 1008 Art. 1007 Every person who through an act of performance by another. 1013 Art. the obligation to return it arises. act with justice.1011 Every person who. Observe honesty and good faith There is no hard and fast rule to determine whether or not the principle may be invoked.1012 Any person who wilfully causes loss or injury to another in manner that is contrary to morals. or any other means. and it was unduly delivered through mistake. the latter shall be liable for indemnity if through the act or event he was benefited. 21 186 . These standards are: 1. shall return the same to him. Principles Every person must. voluntary and unilateral acts give rise to the juridical relation of quasicontract to the end that no one shall be unjustly enriched or benefited at the expense of another. and 3. good customs or public policy shall compensate the latter for the damage. contrary to law. To give everyone his due.
‖ 1017 Specific It includes trespass.II. public order or public policy (Albeson vs. and 21 are provisions on human relations that ―were intended to expand the concept of torts in this jurisdiction by granting adequate legal remedy for the untold number of moral wrongs which is impossible for human foresight to specifically provide for in the statutes. negligence. good customs. 20 and 21 1017 Aquino.1015 Include conduct where the actor desires to cause the consequences of his act or believes that the consequences are substantially certain to result from it. CA) 1014 They are found in Chapter 2 of the Preliminary Title of the NCC entitled “Human Relations”.e. According to manner of commission: Intentional Negligent Involve voluntary acts or omissions which result in injury to others without intending to cause the same or because the actor fails to exercise due care in performing such acts or omissions. citing PNB v. Arts. and intentional infliction of emotional distress. According to scope: general or specific General The catchall provisions on torts provided for in the Civil Code. torts fall into three different categories: intentional. Strict Liability When the person is made liable independent of fault or negligence upon submission of proof of certain facts specified by law. the torts mentioned herein are mostly intentional in nature or torts involving malice or bad faith. assault and battery. As defined. Alt hough this chapter covers negligent acts.1016 The effect is that ―there is a general duty owe d to every person not to cause harm either willfully or negligently.1018 product liability tort. 2005. products liability. et al. 19. 83 SCRA 237 1018 manufacturing and selling defective products 187 . There is an act which may be legal but which may be contrary to morals. 20. Articles 19. CA. 1016 i. Classification of Torts A. 1015 Strict liability tort can be committed even if reasonable care was exercised and regardless of the state of mind of the actor at that time.1014 B. negligent and liability.
The child committed a tortuous act to the damage and prejudice of another person 3. 221 1023 Requisites of vicarious liability of Parents: 1. partner or member. (iii) Corporations. 1022 Arts. Juridical Persons (i) The State and its political subdivisions. The child is below twenty‐one (21) years of age 2. or in case of death or incapacity. Persons Made Responsible for Others 1. mother: a. The Tortfeasor A. living in their company 1019 1020 Art.1020 B. damage caused by minor children1023 b. The child lives in the company of the parent concerned whether single or married. their personality begins as soon as they have been constituted according to law. (ii) Other corporations. in conformity with the laws and regulations of their organization. partnerships and associations for private interest or purpose to which the law grants a juridical personality. 188 . The Direct Tortfeasor 1. 2. The reason for the master’s liability is the negligence in the supervision of his subordinates. 46 1021 under Art. 2180 Basis: Pater Familias. Father.1019 Juridical persons may acquire and possess property of all kinds. created by law. as well as incur obligations and bring civil or criminal actions. 44 Art.III. 218-219. Natural Persons Refer to human beings. In General a. Quasi-delicts1021 and the Family Code1022 1. separate and distinct from that of each shareholder. institutions and entities for public interest or purpose.
the parents and those exercising substitute parental authority are not free from liability because Art. Civil Code Applies also to teachers of academic institutions. in the service of the branches in which they are employed. p. 2180 makes teachers and heads liable for acts of students and apprentices whether the latter are minors or not. or. the employer is not liable. under their authority c. of arts and trades b. on the occasion of their functions 4. The school and administrators are not liable. 219 of the Family Code expressly provides that they are subsidiarily liable. not the teacher who is held liable where the injury is caused in a school of arts and trade. even if the employer is not engaged in any business or industry 5. 219. for damages caused by their pupils and students or apprentices1026 1024 To be liable. Employers: a. no matter how short in time is the deviation. acting within the scope of their assigned tasks c. living in their company 3.2. c. 189 . 6. the manager must be acting as an employer or with the same authority as the owner. If there is deviation from the scope of employment. The liability extends to acts committed even outside the school so long as it is an official activity of the school. The school itself is now solidarily liable with the teacher-in-charge. Art. General rule: The teacher-in-charge is liable for the acts of his students. Owners and managers1024 of establishments: a. for their employees b. it must be established that the injurious or tortuous act was committed at the time the employee was performing his functions. for minors or incapacitated persons b. FC if student is no longer a minor – Art. State – acting through a special agent and not when the damage has been caused by the official to whom the task done properly pertains.97) 1026 Statutory basis: if student is minor – Art. (Pineda. Teachers or heads of establishments: a. Guardians: a. 2180. Exception: It is only the head of the school. 2009. Torts and Damages. Whenever the school or teacher is being made liable. Liability attaches to the teacher-in-charge. damages caused by employees and household helpers1025 b. 1025 To make the employer liable.
its administrators and teachers. promote. 218. countenance. instruction or custody. 2194 190 . FC 1030 Art. id. 1031 Art. 219.1031 All the persons who command. they are each liable as a principal. or who approve of it after it is done. The victim of negligence is likewise required to exercise due care in avoiding injury to himself. 1029 Art. cooperate in. entity or institution. aid. Liability is imposed only if the pupil is already in the custody of the teacher or head.1028 The school.1027 The responsibility shall cease when the persons mentioned prove that they observed all the diligence of a good father of a family to prevent damage. 1027 Art. so long as they remain in their custody. advice. The student is in the custody of the school authorities as longs as he is under the control and influence of the school and within its premises whether the semester had not yet begun or has already ended. id. or the individual. 221. if done for their benefit. judicial guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable. The respective liabilities of those referred to in the preceding paragraph shall not apply if it is proved that they exercised the proper diligence required under the particular circumstances. The parents. instigate. 1032 Art. to the same extent and in the same manner as if they have performed the wrongful act themselves. 1032 The liability of the teacher subsists whether the school is academic or non. entity or institution engaged in child are shall have special parental authority and responsibility over the minor child while under their supervision. encourage.1030 Parents and other persons exercising parental authority shall be civilly liable for the injuries and damages caused by the acts or omissions of their unemancipated children living in their company and under their parental authority subject to the appropriate defenses provided by law. or abet the commission of a tort.academic.c. 2180 1028 The persons liable shall be exempted from liability if they can prove that they have exercised all the diligence of a good father of a family to prevent damage.1029 Those given the authority and responsibility mentioned shall be principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school.
IV. which act must be not only hurtful. without any previous existing lawful relation of which the said act or omission may be said to be a natural outgrowth or incident. without which the result would not have occurred. 1036 th Black’s Law Dictionary. The primary purpose of a tort action is to provide compensation to a person who was injured by the tortious conduct of the defendant.1033 It is an act or omission producing an injury to another. 1035 Primary cause remains the proximate cause even if there is an intervening cause which merely cooperated with the primary cause and which did not break the chain of causation.1037 Include conduct where the actor desires to cause the consequences of his act or believes that the consequences are substantially certain to result from it. Corporations are civilly liable in the same manner as natural persons. Gonzales. 191 . VII. 1037 th Blacks’ Law Dictionary.1036 An act causing damage. as the possibility of its production is sufficient. the torts mentioned herein are mostly intentional in nature or torts involving malice or bad faith. Intentional Torts A tort committed by someone acting with general or specific intent. Act of Omission and its Modalities Any bodily movement tending to produce some effect in the external world. They are found in Chapter 2 of the Preliminary Title of the NCC entitled ―Human Relations. 9 Ed. but wrongful. Any person who has been injured by reason of a tortious conduct can sue the tortfeasor.‖ Although this chapter covers negligent acts. Proximate Cause That cause which in natural and continuous sequence. it being unnecessary that the same be actually produced.1034 V. 1033 1034 People v. produces the injury. unbroken by any efficient intervening cause. Legal Injury The violation of a legal right. Preventive remedy is available in some cases.1035 VI. 324 Defendants in tort cases can either be natural or artificial being. There must be damnum et injuria. 9 Ed. 183 SCRA 309.
1173 Philippine Bank of Commerce v. guided by those considerations which ordinarily regulate the conduct of human affairs.1038 The omission to do something which a reasonable man. IX. formulas and handling and making up. Consumer Act1041 Any Filipino or foreign manufacturer. 2) The product was manufactured by the defendant. as well as for the insufficient or inadequate information on the use and hazards thereof. 336 Phil. of the time and pl ace. Manufacturers or Processors Defects resulting from design. Special Liability in Particular Activities Products Liability1040 1. construction. CA. 2005. presentation or packing of their products. 676 (1997) 1040 Law which governs the liability of manufacturers and sellers for damages resulting from defective products.. for damages caused to consumers by defects resulting from design. as well as for the insufficient or inadequate information on the use and hazards thereof The plaintiff should allege and prove that: 1) The product was defective. or the doing of something which a prudent and reasonable man would not do. 667. manufacture. presentation or packing of their products. 1038 1039 Art. It is meant to protect the consumers by providing safeguards when they purchase or use consumer products (Aquino. assembly and erection. shall be liable for redress. formulas and handling and making up. Second Ed.A. construction. T. warranty. assembly and erection. Torts and Damages. manufacture. producer. 3) The defective product was the cause of his injury.1039 Involve voluntary acts or omissions which result in injury to others without intending to cause the same or because the actor fails to exercise due care in performing such acts or omissions. negligence or strict liability 1041 R.) Based on fraud. Negligence The omission of that degree of diligence which is required by the nature of t he obligation and corresponding to the circumstances of the persons. and any importer. 7394 192 .VIII. would do. independently of fault.
b) use and hazards reasonably expected of it. b) the result of hazards which may reasonably be expected of it. builder. as well as for insufficient or inadequate information on the fruition and hazards thereof. c) that the consumer or a third party is solely at fault. 97 Art. without clear identification of the manufacturer. including but not limited to: a) presentation of product. taking relevant circumstances into consideration. b) that although it did place the product on the market such product has no defect. for damages caused to consumers by defects relating to the rendering of the services.1043 The service supplier is liable for redress.1042 The tradesman/seller is likewise liable when. c) he does not adequately preserve perishable goods. 98 193 .A product is defective when it does not offer the safety rightfully expected of it. including but not limited to: a) the manner in which it is provided. taking the relevant circumstances into consideration. c) the time when it was provided. in accordance with their part or responsibility in the cause of the damage effected. builder. a) it is not possible to identify the manufacturer. A product is not considered defective because another better quality product has been placed in the market. The party making payment to the damaged party may exercise the right to recover a part of the whole of the payment made against the other responsible parties. The manufacturer. c) the time it was put into circulation. producer or importer. independently of fault. b) the product is supplied. producer. A service is not considered defective because of the use or introduction of new techniques. The service is defective when it does not provide the safety the consumer may rightfully expect of it. The supplier of the services shall not be held liable when it is proven: 1042 1043 Art. producer or importer shall not be held liable when it evidences: a) that it did not place the product on the market. builder or importer.
a) the replacement of the product by another of the same kind. Any difference in price that may result thereof shall be supplemented or reimbursed by the party which caused the damage. c) the replacement of the product by another of the same kind. mark or model. at his own option: a) the proportionate price b) the supplementing of weight or measure differential. and for those resulting from inconsistency with the information provided on the container. third and fourth paragraphs. the replacement of the imperfect parts may jeopardize the product quality or characteristics. packaging. labels or publicity messages/advertisement. their net content is less than that indicated on the container. with monetary updating. The consumer may make immediate use of the foregoing alternatives when by virtue of the extent of the imperfection.a) that there is no defect in the service rendered. in a perfect state of b) the immediate reimbursement of the amount paid. c) a proportionate price reduction. without prejudice to any losses and damages. 100 194 . the consumer being able to demand replacement to the imperfect parts. the consumer may alternatively demand at his option: use. packaging. labeling or advertisement. but such shall not be less than seven (7) nor more than one hundred and eighty (180) days.1044 The suppliers of durable or nondurable consumer products are jointly liable for imperfections in quality that render the products unfit or inadequate for consumption for which they are designed or decrease their value. alternatively. the consumer having powers to demand. If the imperfection is not corrected within thirty (30) days.1045 Suppliers are jointly liable for imperfections in the quantity of the product when. with due regard to the variations resulting from their nature. without said imperfections. 99 Art. it may be replaced by another of a different kind. thus decreasing its value. without prejudice to the provisions of the second. 1044 1045 Art. The parties may agree to reduce or increase the term specified in the immediately preceding paragraph. b) that the consumer or third party is solely at fault. mark or model. in due regard for variations inherent thereto. If the consumer opts for the alternative under sub-paragraph (a) and replacement of the product is not possible.
or those that maintain the manufacturer's technical specifications unless. as regards to the latter by the consumer.1046 The service supplier is liable for any quality imperfections that render the services improper for consumption or decrease their value.1049 The legal guarantee of product or service adequacy does not require an express instrument or contractual exoneration of the supplier being forbidden. the consumer being entitled to demand alternatively at his option: a) the performance of the services. if the damage is caused by a component or part incorporated in the 1046 1047 Art. 104 1050 Art. with monetary updating without prejudice to losses and damages if any.d) the immediate reimbursement of the amount paid. c) a proportionate price reduction. However. the supplier shall be considered implicitly bound to use adequate. b) the immediate reimbursement of the amount paid. Reperformance of services may be entrusted to duly qualified third parties. 101 Art. exonerating or reducing the obligation to indemnify for damages effected. and for those resulting from inconsistency with the information contained in the offer or advertisement.1048 The supplier's ignorance of the quality imperfections due to inadequacy of the products and services does not exempt him from any liability.1047 When services are provided for the repair of any product.1050 The stipulation in a contract of a clause preventing. with monetary updating without prejudice to losses and damages. 103 1049 Art. is hereby prohibited. at the supplier's risk and cost. 105 195 . without any additional cost and when applicable. if any. as provided for in this and in the preceding Articles. The provisions of the fifth paragraph of Article 99 shall apply to this Article. new. otherwise authorized. if there is more than one person responsible for the cause of the damage. original replacement parts. Improper services are those which prove to be inadequate for purposes reasonably expected of them and those that fail to meet the provisions of this Act regulating service rendering. they shall be jointly liable for the redress established in the pertinent provisions of this Act. The immediate supplier shall be liable if the instrument used for weighing or measuring is not gauged in accordance with official standards. 102 1048 Art.
000.1051 Any person who shall violate any provision of this Chapter or its implementing rules and regulations with respect to any consumer product which is not food. its manufacturer. be subject to a fine of not less than Five thousand pesos (P5. If the offender is an alien.1052 X. 107 196 . 106 Art. Strict liability tort can be committed even if reasonable care was exercised and regardless of the state of mind of the actor at that time. In case of juridical persons. builder or importer and the person who incorporated the component or part are jointly liable. he shall. 1051 1052 Art.00) and by imprisonment of not more than one (1) year or both upon the discretion of the court. Strict Liability When the person is made liable independent of fault or negligence upon submission of proof of certain facts specified by law. after payment of fine and service of sentence. the penalty shall be imposed upon its president. cosmetic. manager or head. or hazardous substance shall upon conviction. be deported without further deportation proceedings.product or service.
under the circumstances. which has been violated or invaded by the defendant. 1053 1054 Art. 2226 1059 Art. 2220 1056 Art. 2205 1055 Art. General Considerations Damages may be: (1) (2) (3) (4) (5) (6) Actual or compensatory. liquidated or compensatory damages. (2) For injury to the plaintiff's business standing or commercial credit. 2224 1058 Art. 2197 Art. or Exemplary or corrective. which are more than nominal but less than compensatory damages. nominal. may be recovered when the court finds that some pecuniary loss has been suffered but its amount cannot. 2221 1057 Art.1059 No proof of pecuniary loss is necessary in order that moral.1054 Willful injury to property may be a legal ground for awarding moral damages if the court should find that. Liquidated. Nominal. 2229 197 . may be vindicated or recognized. and not for the purpose of indemnifying the plaintiff for any loss suffered by him. to be paid in case of breach thereof.1058 Exemplary or corrective damages are imposed. may be adjudicated.1056 Temperate or moderate damages.1053 Damages may be recovered: (1) For loss or impairment of earning capacity in cases of temporary or permanent personal injury. Temperate or moderate. liquidated or exemplary damages. such damages are justly due. from the nature of the case. in addition to the moral. Moral.Book II--Damages I. temperate. be provided with certainty. by way of example or correction for the public good. The assessment of such damages.1055 Nominal damages are adjudicated in order that a right of the plaintiff.1057 Liquidated damages are those agreed upon by the parties to a contract. temperate. The same rule applies to breaches of contract where the defendant acted fraudulently or in bad faith.
Raya. 198 . 109 Phil. material and moral. and similar injury. 2218 1066 Any person who shows disrespect to the dead. may be considered. 16 1063 Rangas vs. is left to the discretion of the court. or wrongfully interferes with a funeral shall be liable to the family of the deceased for damages. (6) Illegal search.1062 Actual damages must be proved and a court cannot rely on speculation. besmirched reputation. abduction. serious anxiety. social humiliation. (2) Quasi-delicts causing physical injuries. rape. moral shock. according to the circumstances of each case.1064 In the adjudication of moral damages. conjecture or guesswork as to the fact and amount of damages.1060 II.except liquidated ones. III.1063 Remote and speculative damages are not recoverable. or other lascivious acts. Actual and Compensatory Damages Comprehends not only the value of the loss suffered but also that of the profits which the obligee failed to obtain. 2217 1065 Art. 2216 Art. but must depend on actual proof that damages had been suffered and on evidence of the actual amount. slander or any other form of defamation. moral damages may be recovered if they are the proximate result of the defendant's wrongful act for omission.1065 When recoverable: In the following and analogous cases: (1) A criminal offense resulting in physical injuries.1061 Actual or compensatory damages cannot be presumed but must be duly proved. (9) Acts mentioned in Article 309. (4) Adultery or concubinage. Galang. (8) Malicious prosecution. (7) Libel. (3) Seduction. Though incapable of pecuniary computation. (5) Illegal or arbitrary detention or arrest. 22 SCRA 839 1064 Art. fright. Moral Damages Moral damages include physical suffering. mental anguish.1066 1060 1061 Art. wounded feelings. real or personal. the sentimental value of property. 2200 1062 Malonzo vs.
and brothers and sisters may bring the action mentioned in No. 32.1069 1. may be vindicated or recognized. The same rule applies to breaches of contract where the defendant acted fraudulently or in bad faith. such damages are justly due. 26. 27. 26. 27. 2219 1069 Art. The spouse. 34. 28. 2220 1070 See Reference 1071 supra 1072 Art. In acts referred to in Arts.1068 Willful injury to property may be a legal ground for awarding moral damages if the court should find that. or abused. ascendants.1067 The parents of the female seduced. may also recover moral damages. Law presumes damage although actual or compensatory damages are not proven. and not for the purpose of indemnifying the plaintiff for any loss suffered by him. Nominal Damages Small sums fixed by the court without regard to the extent of the harm done to the injured party.(10) Acts and actions referred to in Articles 21. Nominal damages cannot co-exist with actual or compensatory damages. 29. descendants. 28. 30. abducted. and 35. In seduction. NCC1070 3. Nominal damages are adjudicated in order that a right of the plaintiff. which has been violated or invaded by the defendant. They are damages in name only and are allowed simply in recognition of a technical injury based on a violation of a legal right. abduction. 21. 29. 2. under the circumstances. 3 of this article.1072 1067 1068 See reference Art. 9 of this article. 2221 199 . raped. in the order named. 34 & 35. referred to in No. In cases of malicious prosecution1071 IV. rape and other lascivious acts Victim and parents are included. 32.
liquidated or compensatory damages. Liquidated Damages Those agreed upon by the parties to a contract. which are more than nominal but less than compensatory. be allowed upon damages awarded for breach of contract. and may be recovered when the court finds that some pecuniary loss has been suffered but its amount cannot be proved with certainty. in such cases there is no incompatibility between actual and temperate damages.1077 2. 2230 1078 Art. Exemplary or Corrective Damages Imposed. 2226 1075 Art.1075 VII.V. Such damages are separate and distinct from fines and shall be paid to the offended party. 2229 1077 Art. temperate. in addition to the moral. by way of example or correction for the public good. 2231 200 . 2210 1076 Art. Temperate or Moderate Damages These are damages. in the discretion of the court.1074 Interest may.1076 When recovered: 1. temperate damages can and should be awarded on top of actual or compensatory damages. while certain to occur are difficult to predict. In criminal offenses When the crime was committed with one or more aggravating circumstances. to be paid in case of breach thereof.1073 When awarded In cases where the resulting injury might be continuing and possible future complications directly arising from the injury. VI. In quasi-delicts If the defendant acted with gross negligence.1078 1073 1074 Article 2224 Civil Code Art.
000 (People vs.1079 VIII. such indemnity shall in every case be assessed and awarded by the court. 2008) 1081 Art. it is P75.1081 1079 1080 Art. the exact duration to be fixed by the court. Damages for death a. Robert Brodett y Pajaro. In death caused by breach of conduct by a common crime The amount of damages for death caused by a crime or quasi-delict shall be at least three thousand pesos. (3) The spouse. Loss of earning capacity unless deceased had permanent physical disability not caused by defendant so that deceased had no earning capacity at time of death c. for a period not exceeding five years.1080 even though there may have been mitigating circumstances. fraudulent. In addition: (1) The defendant shall be liable for the loss of the earning capacity of the deceased. 2232 As of 2008. 2206 Damages recoverable in case of death: 1. Jan. the recipient who is not an heir called to the decedent's inheritance by the law of testate or intestate succession. In crimes and quasi-delicts causing death 1. Damages in Case of Death A. had no earning capacity at the time of his death. may demand support from the person causing the death. Medical & Hospital Bills 2. In contracts and quasi-contracts If the defendant acted in a wanton. Support. or malevolent manner. unless the deceased on account of permanent physical disability not caused by the defendant. reckless. oppressive.000 b. Minimum amount: P50. legitimate and illegitimate descendants and ascendants of the deceased may demand moral damages for mental anguish by reason of the death of the deceased. Moral damages 201 . (2) If the deceased was obliged to give support according to the provisions of article 291. if deceased was obliged to give support (for period not more than 5 years) d. and the indemnity shall be paid to the heirs of the latter. 18.3.
2215 1086 Art. Compromise The courts may mitigate the damages to be paid by the losing party who has shown a sincere desire for a compromise. In quasi-delict The contributory negligence of the plaintiff shall reduce the damages that he may recover.1084 3. (5) Since the filing of the action. Graduation of Damages The party suffering loss or injury must exercise the diligence of a good father of a family to minimize the damages resulting from the act or omission in question. quasi-contracts and quasi-delicts. In contracts. that the defendant acted upon the advice of counsel.1085 4.1087 1082 1083 Art. (2) Plaintiff has derived some benefit as a result of the contract. Liquidated damages Shall be equitably reduced if they are iniquitous or unconscionable.1086 5. (3) In cases where exemplary damages are to be awarded. 2214 1085 Art. 2031 202 . 2227 1087 Art.IX.1083 2. (4) The loss would have resulted in any event. The court may equitably mitigate the damages. In crimes The damages to be adjudicated may be respectively increased or lessened according to the aggravating or mitigating circumstances.1082 Rules: 1. as in the following instances: (1) Plaintiff himself has contravened the terms of the contract. 2203 Art. 2204 1084 Art. the defendant has done his best to lessen the plaintiff's loss or injury.
temperate. 2013.1088 2. Nominal Damages1091 Include: Pertinent Supreme Court decisions promulgated up to January 31. or their respective heirs and assigns.1089 Damages that must co-exist 1.X. 203 . Actual and Liquidated Liquidated damages are those agreed upon by the parties to a contract. as between the parties to the suit. to be paid in case of breach thereof. Exemplary with compensatory1090 moral. 2226 1090 supra 1091 Ibid. 2223 Art. Miscellaneous Rules Damages that cannot co-exists 1. Nominal with other damages The adjudication of nominal damages shall preclude further contest upon the right involved and all accessory questions. liquidated or Damages that must stand alone 1. 1088 1089 Art.
custody and adoption of a child. Nationally and Internationally." Section 2. understanding and security towards the full and harmonious development of his/her personality. orphaned. Only when such efforts prove insufficient and no appropriate placement or adoption within the child's extended family is available shall adoption by an unrelated person be considered. which entity shall be authorized to take steps for the permanent placement of the child. (iv) Conduct public information and educational campaigns to promote a positive environment for adoption. 204 . Toward this end. – (a) It is hereby declared the policy of the State to ensure that every child remains under the care and custody of his/her parent(s) and be provided with love. care. – This Act shall be known as the "Domestic Adoption Act of 1998. (iii) Protect adoptive parent(s) from attempts to disturb his/her parental authority and custody over his/her adopted child. 8552 AN ACT ESTABLISHING THE RULES AND POLICIES ON THE DOMESTIC ADOPTION OF FILIPINO CHILDREN AND FOR OTHER PURPOSES GENERAL PROVISIONS Section 1. or abandoned.Reference Republic Act No. Short Title. UN Declaration on Social and Legal Principles Relating to the Protection and Welfare of Children with Special Reference to Foster Placement and Adoption. (b) In all matters relating to the care. and the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption. Declaration of Policies. (c) It shall also be a State policy to: (i) Safeguard the biological parent(s) from making hurried decisions to relinquish his/her parental authority over his/her child. Any voluntary or involuntary termination of parental authority shall be administratively or judicially declared so as to establish the status of the child as "legally available for adoption" and his/her custody transferred to the Department of Social Welfare and Development or to any duly licensed and accredited child-placing or child-caring agency. his/her interest shall be the paramount consideration in accordance with the tenets set forth in the United Nations (UN) Convention on the Rights of the Child. the State shall provide alternative protection and assistance through foster care or adoption for every child who is neglected. (ii) Prevent the child from unnecessary separation from his/her biological parent(s).
(v) Ensure that sufficient capacity exists within government and private sector agencies to handle adoption inquiries, process domestic adoption applications, and offer adoption-related services including, but not limited to, parent preparation and post-adoption education and counseling; and (vi) Encourage domestic adoption so as to preserve the child's identity and culture in his/her native land, and only when this is not available shall intercountry adoption be considered as a last resort. Section 3. Definition of Terms. – For purposes of this Act, the following terms shall be defined as: (a) "Child" is a person below eighteen (18) years of age. (b) "A child legally available for adoption" refers to a child who has been voluntarily or involuntarily committed to the Department or to a duly licensed and accredited child-placing or child-caring agency, freed of the parental authority of his/her biological parent(s) or guardian or adopter(s) in case of rescission of adoption. (c) "Voluntarily committed child" is one whose parent(s) knowingly and willingly relinquishes parental authority to the Department. (d) "Involuntarily committed child" is one whose parent(s), known or unknown, has been permanently and judicially deprived of parental authority due to abandonment; substantial, continuous, or repeated neglect; abuse; or incompetence to discharge parental responsibilities. (e) "Abandoned child" refers to one who has no proper parental care or guardianship or whose parent(s) has deserted him/her for a period of at least six (6) continuous months and has been judicially declared as such. (f) "Supervised trial custody" is a period of time within which a social worker oversees the adjustment and emotional readiness of both adopter(s) and adoptee in stabilizing their filial relationship. (g) "Department" refers to the Department of Social Welfare and Development. (h) "Child-placing agency" is a duly licensed and accredited agency by the Department to provide comprehensive child welfare services including, but not limited to, receiving applications for adoption, evaluating the prospective adoptive parents, and preparing the adoption home study. (i) "Child-caring agency" is a duly licensed and accredited agency by the Department that provides twenty four (24)-hour residential care services for abandoned, orphaned, neglected, or voluntarily committed children.
(j) "Simulation of birth" is the tampering of the civil registry making it appear in the birth records that a certain child was born to a person who is not his/her biological mother, causing such child to lose his/her true identity and status. PRE-ADOPTION SERVICES Section 4. Counseling Service. – The Department shall provide the services of licensed social workers to the following: (a) Biological Parent(s) – Counseling shall be provided to the parent(s) before and after the birth of his/her child. No binding commitment to an adoption plan shall be permitted before the birth of his/her child. A period of six (6) months shall be allowed for the biological parent(s) to reconsider any decision to relinquish his/her child for adoption before the decision becomes irrevocable. Counseling and rehabilitation services shall also be offered to the biological parent(s) after he/she has relinquished his/her child for adoption. Steps shall be taken by the Department to ensure that no hurried decisions are made and all alternatives for the child's future and the implications of each alternative have been provided. (b) Prospective Adoptive Parent(s) – Counseling sessions, adoption fora and seminars, among others, shall be provided to prospective adoptive parent(s) to resolve possible adoption issues and to prepare him/her for effective parenting. (c) Prospective Adoptee – Counseling sessions shall be provided to ensure that he/she understands the nature and effects of adoption and is able to express his/her views on adoption in accordance with his/her age and level of maturity. Section 5. Location of Unknown Parent(s). – It shall be the duty of the Department or the child-placing or child-caring agency which has custody of the child to exert all efforts to locate his/her unknown biological parent(s). If such efforts fail, the child shall be registered as a foundling and subsequently be the subject of legal proceedings where he/she shall be declared abandoned. Section 6. Support Services. – The Department shall develop a pre-adoption program which shall include, among others, the above mentioned services. ELIGIBILITY Section 7. Who May Adopt. – The following may adopt: (a) Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of good moral character, has not been convicted of any crime involving moral turpitude, emotionally and psychologically capable of caring for children, at least sixteen (16) years older than the adoptee, and who is in a position to support and care for his/her children in keeping with the means of the family. The requirement of sixteen (16) year difference between the age of the adopter and adoptee may be waived when the adopter is the biological parent of the adoptee, or is the spouse of the adoptee's parent;
(b) Any alien possessing the same qualifications as above stated for Filipino nationals: Provided, That his/her country has diplomatic relations with the Republic of the Philippines, that he/she has been living in the Philippines for at least three (3) continuous years prior to the filing of the application for adoption and maintains such residence until the adoption decree is entered, that he/she has been certified by his/her diplomatic or consular office or any appropriate government agency that he/she has the legal capacity to adopt in his/her country, and that his/her government allows the adoptee to enter his/her country as his/her adopted son/daughter: Provided, Further, That the requirements on residency and certification of the alien's qualification to adopt in his/her country may be waived for the following: (i) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity or affinity; or or (ii) one who seeks to adopt the legitimate son/daughter of his/her Filipino spouse;
(iii) one who is married to a Filipino citizen and seeks to adopt jointly with his/her spouse a relative within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse; or (c) The guardian with respect to the ward after the termination of the guardianship and clearance of his/her financial accountabilities. Husband and wife shall jointly adopt, except in the following cases: (i) if one spouse seeks to adopt the legitimate son/daughter of the other; or (ii) if one spouse seeks to adopt his/her own illegitimate son/daughter: Provided, However, that the other spouse has signified his/her consent thereto; or (iii) if the spouses are legally separated from each other. In case husband and wife jointly adopt, or one spouse adopts the illegitimate son/daughter of the other, joint parental authority shall be exercised by the spouses. Section 8. Who May Be Adopted. – The following may be adopted: (a) Any person below eighteen (18) years of age who has been administratively or judicially declared available for adoption; (b) The legitimate son/daughter of one spouse by the other spouse; (c) An illegitimate son/daughter by a qualified adopter to improve his/her status to that of legitimacy; (d) A person of legal age if, prior to the adoption, said person has been consistently considered and treated by the adopter(s) as his/her own child since minority;
(e) A child whose adoption has been previously rescinded; or (f) A child whose biological or adoptive parent(s) has died: Provided, That no proceedings shall be initiated within six (6) months from the time of death of said parent(s). Section 9. Whose Consent is Necessary to the Adoption. – After being properly counseled and informed of his/her right to give or withhold his/her approval of the adoption, the written consent of the following to the adoption is hereby required: (a) The adoptee, if ten (10) years of age or over; (b) The biological parent(s) of the child, if known, or the legal guardian, or the proper government instrumentality which has legal custody of the child; (c) The legitimate and adopted sons/daughters, ten (10) years of age or over, of the adopter(s) and adoptee, if any; (d) The illegitimate sons/daughters, ten (10) years of age or over, of the adopter if living with said adopter and the latter's spouse, if any; and (e) The spouse, if any, of the person adopting or to be adopted. PROCEDURE Section 10. Hurried Decisions. – In all proceedings for adoption, the court shall require proof that the biological parent(s) has been properly counseled to prevent him/her from making hurried decisions caused by strain or anxiety to give up the child, and to sustain that all measures to strengthen the family have been exhausted and that any prolonged stay of the child in his/her own home will be inimical to his/her welfare and interest. Section 11. Case Study. – No petition for adoption shall be set for hearing unless a licensed social worker of the Department, the social service office of the local government unit, or any child-placing or child-caring agency has made a case study of the adoptee, his/her biological parent(s), as well as the adopter(s), and has submitted the report and recommendations on the matter to the court hearing such petition. At the time of preparation of the adoptee's case study, the concerned social worker shall confirm with the Civil Registry the real identity and registered name of the adoptee. If the birth of the adoptee was not registered with the Civil Registry, it shall be the responsibility of the concerned social worker to ensure that the adoptee is registered. The case study on the adoptee shall establish that he/she is legally available for adoption and that the documents to support this fact are valid and authentic. Further, the case study of the adopter(s) shall ascertain his/her genuine intentions and that the adoption is in the best interest of the child. The Department shall intervene on behalf of the adoptee if it finds, after the conduct of the case studies, that the petition should be denied. The case studies and other relevant
documents and records pertaining to the adoptee and the adoption shall be preserved by the Department. Section 12. Supervised Trial Custody. – No petition for adoption shall be finally granted until the adopter(s) has been given by the court a supervised trial custody period for at least six (6) months within which the parties are expected to adjust psychologically and emotionally to each other and establish a bonding relationship. During said period, temporary parental authority shall be vested in the adopter(s). The court may motu proprio or upon motion of any party reduce the trial period if it finds the same to be in the best interest of the adoptee, stating the reasons for the reduction of the period. However, for alien adopter(s), he/she must complete the six (6)-month trial custody except for those enumerated in Sec. 7 (b) (i) (ii) (iii). If the child is below seven (7) years of age and is placed with the prospective adopter(s) through a pre-adoption placement authority issued by the Department, the prospective adopter(s) shall enjoy all the benefits to which biological parent(s) is entitled from the date the adoptee is placed with the prospective adopter(s). Section 13. Decree of Adoption. – If, after the publication of the order of hearing has been complied with, and no opposition has been interposed to the petition, and after consideration of the case studies, the qualifications of the adopter(s), trial custody report and the evidence submitted, the court is convinced that the petitioners are qualified to adopt, and that the adoption would redound to the best interest of the adoptee, a decree of adoption shall be entered which shall be effective as of the date the original petition was filed. This provision shall also apply in case the petitioner(s) dies before the issuance of the decree of adoption to protect the interest of the adoptee. The decree shall state the name by which the child is to be known. Section 14. Civil Registry Record. – An amended certificate of birth shall be issued by the Civil Registry, as required by the Rules of Court, attesting to the fact that the adoptee is the child of the adopter(s) by being registered with his/her surname. The original certificate of birth shall be stamped "cancelled" with the annotation of the issuance of an amended birth certificate in its place and shall be sealed in the civil registry records. The new birth certificate to be issued to the adoptee shall not bear any notation that it is an amended issue. Section 15. Confidential Nature of Proceedings and Records. – All hearings in adoption cases shall be confidential and shall not be open to the public. All records, books, and papers relating to the adoption cases in the files of the court, the Department, or any other agency or institution participating in the adoption proceedings shall be kept strictly confidential. If the court finds that the disclosure of the information to a third person is necessary for purposes connected with or arising out of the adoption and will be for the best interest of the adoptee, the court may merit the necessary information to be released, restricting the purposes for which it may be used.
being in the best interest of the child.EFFECTS OF ADOPTION Section 16. However. the adoption may be rescinded on any of the following grounds committed by the adopter(s): (a) repeated physical and verbal maltreatment by the adopter(s) despite having undergone counseling. (b) attempt on the life of the adoptee. – Upon petition of the adoptee. – The adoptee shall be considered the legitimate son/daughter of the adopter(s) for all intents and purposes and as such is entitled to all the rights and obligations provided by law to legitimate sons/daughters born to them without discrimination of any kind. RESCISSION OF ADOPTION Section 19. or the legal custody of the Department shall be restored if the adoptee is still a minor or incapacitated. Effects of Rescission. the adoptee is entitled to love. Section 17. all legal ties between the biological parent(s) and the adoptee shall be severed and the same shall then be vested on the adopter(s). Section 20. the adopter(s) may disinherit the adoptee for causes provided in Article 919 of the Civil Code. and support in keeping with the means of the family. or (d) abandonment and failure to comply with parental obligations. the parental authority of the adoptee's biological parent(s). – Except in cases where the biological parent is the spouse of the adopter. Succession. Adoption. – If the petition is granted. Parental Authority. VIOLATIONS AND PENALTIES Section 21. Grounds for Rescission of Adoption. as guardian/counsel. if the adoptee and his/her biological parent(s) had left a will. (c) sexual assault or violence. Legitimacy. Succession rights shall revert to its status prior to adoption. The court shall order the Civil Registrar to cancel the amended certificate of birth of the adoptee and restore his/her original birth certificate. with the assistance of the Department if a minor or if over eighteen (18) years of age but is incapacitated. All the foregoing effects of rescission of adoption shall be without prejudice to the penalties imposable under the Penal Code if the criminal acts are properly proven. Violations and Penalties. To this end. Vested rights acquired prior to judicial rescission shall be respected. the law on testamentary succession shall govern. shall not be subject to rescission by the adopter(s). However. if known. the adopter(s) and the adoptee shall have reciprocal rights of succession without distinction from legitimate filiation. – (a) The penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and/or a fine not less than Fifty thousand 210 . The reciprocal rights and obligations of the adopter(s) and the adoptee to each other shall be extinguished. Section 18. guidance. but only as of the date of judgment of judicial rescission. – In legal and intestate succession.
said government official.000. Acts punishable under this Article are deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring and/or confederating with one another in carrying out any of the unlawful acts defined under this Article. improper material inducement. be penalized in accordance with existing civil service laws. That upon the filing of a case.000. shall be in addition to any other penalties which may be imposed for the same acts punishable under other laws. A penalty lower by two (2) degrees than that prescribed for the consummated offense under this Article shall be imposed upon the principals of the attempt to commit any of the acts herein enumerated. and communications of adoption applications. documents. undue influence. shall cooperate in the execution of the abovementioned crime shall suffer the penalties herein prescribed and also the penalty of permanent disqualification. employee. employee or functionary who shall be found guilty of violating any of the provisions of this Act. or exploitation.pesos (P50. and shall be punished by prision mayor in its medium period and a fine not exceeding Fifty thousand pesos (P50. cases.00). and proclamations.00) but not more than Ten thousand pesos (P10. or who shall conspire with private individuals shall. when committed by a syndicate or where it involves two (2) or more children shall be considered as an offense constituting child trafficking and shall merit the penalty of reclusion perpetua. abuse.00). fraud.00) at the discretion of the court shall be imposed on any person who shall commit any of the following acts: (i) obtaining consent for an adoption through coercion. either administrative or criminal. or other similar acts. or (iii) subjecting or exposing the child to be adopted to danger. executive orders. in addition to the above-prescribed penalties. (b) Any person who shall cause the fictitious registration of the birth of a child under the name(s) of a person(s) who is not his/her biological parent(s) shall be guilty of simulation of birth.000. ordinances.00). Penalties as are herein provided. in violation of his/her oath of office. at the discretion of the court. Any physician or nurse or hospital personnel who. he/she shall be deported immediately after service of sentence and perpetually excluded from entry to the country. and processes shall suffer the penalty of imprisonment ranging from one (1) year and one (1) day to two (2) years. Any person who shall violate established regulations relating to the confidentiality and integrity of records. but not more than Two hundred thousand pesos (P200. Acts punishable under this Article. rules and regulations: Provided. Any government official.000. or functionary concerned shall automatically suffer suspension until the resolution of the case.000. (ii) non-compliance with the procedures and safeguards provided by the law for adoption. and/or a fine of not less than Five thousand pesos (P5. When the offender is an alien. 211 .
the Office of Civil Registry General. – If any provision of this Act is held invalid or unconstitutional. – Such sum as may be necessary for the implementation of the provisions of this Act shall be included in the General Appropriations Act of the year following its enactment into law and thereafter. Appropriations. Section 27. Section 28. Implementing Rules and Regulations. (c) keep records of adoption proceedings. Section 26. That the simulation of birth was made for the best interest of the child and that he/she has been consistently considered and treated by that person as his/her own son/daughter: Provided. prior to the effectivity of this Act. administrative order. rule. Rectification of Simulated Births. – Within six (6) months from the promulgation of this Act. the Department. simulated the birth of a child shall not be punished for such act: Provided. FINAL PROVISIONS Section 23. number. (d) generate resources to help child-caring and child-placing agencies and foster homes maintain viability. That such person complies with the procedure as specified in Article IV of this Act and other requirements as determined by the Department. and flow of children legally available for adoption and prospective adopter(s) so as to facilitate their matching. Section 24. Approved: February 25. and two (2) private individuals representing child-placing and child-caring agencies shall formulate the necessary guidelines to make the provisions of this Act operative. executive order. – A person who has. The office shall be manned by adoption experts from the public and private sectors. letter of instruction. or regulation contrary to. further. Repealing Clause. or inconsistent with the provisions of this Act is hereby repealed. That the application for correction of the birth registration and petition for adoption shall be filed within five (5) years from the effectivity of this Act and completed thereafter: Provided. with the Council for the Welfare of Children. Section 25. – Any law. – There shall be established an Adoption Resources and Referral Office under the Department with the following functions: (a) monitor the existence. the Department of Justice. Effectivity Clause. or amended accordingly. modified. Adoption Resource and Referral Office. Separability Clause. – This Act shall take effect fifteen (15) days following its complete publication in any newspaper of general circulation or in the Official Gazette. Office of the Solicitor General. (b) maintain a nationwide information and educational campaign on domestic adoption. the other provisions not affected thereby shall remain valid and subsisting. 1998 212 . and (e) do policy research in collaboration with the Intercountry Adoption Board and other concerned agencies.Section 22. finally. presidential decree or issuance.
(d) Secretary refers to the Secretary of the Department of Social Welfare and Development. (h) Board refers to the Inter-country Adoption Board." Sec. Definition of Terms. and the decree of adoption is issued outside the Philippines. 2. (c) Department refers to the Department of Social Welfare and Development of the Republic of the Philippines. and shall serve and protect his/her fundamental rights.REPUBLIC ACT NO. the term: (a) Inter-country adoption refers to the socio-legal process of adopting a Filipino child by a foreigner or a Filipino citizen permanently residing abroad where the petition is filed. efforts shall be exerted to place the child with an adoptive family in the Philippines. — As used in this Act. the supervised trial custody is undertaken. 8043 AN ACT ESTABLISHING THE RULES TO GOVERN INTER-COUNTRY ADOPTION OF FILIPINO CHILDREN. — This Act shall be known as the "Inter-Country Adoption Act of 1995. recognizing that inter-country adoption may be considered as allowing aliens not presently allowed by law to adopt Filipino children if such children cannot be adopted by qualified Filipino citizens or aliens.chan robles virtual law library Sec. — It is hereby declared the policy of the State to provide every neglected and abandoned child with a family that will provide such child with love and care as well as opportunities for growth and development. However. in accordance with the Child and Youth Welfare Code. 3. Short Title. Declaration of Policy. Towards this end. (e) Authorized and accredited agency refers to the State welfare agency or a licensed adoption agency in the country of the adopting parents which provide comprehensive social services and which is duly recognized by the Department. (g) Matching refers to the judicious pairing of the adoptive child and the applicant to promote a mutually satisfying parent-child relationship. (b) Child means a person below fifteen (15) years of age unless sooner emancipated by law. 213 . GENERAL PROVISIONS Section 1. AND FOR OTHER PURPOSES. the State shall take measures to ensure that inter-country adoptions are allowed when the same shall prove beneficial to the child's best interests. (f) Legally-free child means a child who has been voluntarily or involuntarily committed to the Department.
maintain. 214 . and preserve confidential information about the child and the adoptive parents. Composition of the Board. in consultation and coordination with the Department. one (1) registered social worker and two (2) representatives from non-governmental organizations engaged in child-caring and placement activities. That there shall be appointed one (1) psychiatrist or psychologist. — There is hereby created the Inter-Country Adoption Board. (b) Collect. exploitation. (e) Promote the development of adoption services including post-legal adoption. (d) Prevent improper financial or other gain in connection with an adoption and deter improper practices contrary to this Act.500) for each meeting attended by them: Provided. (c) Monitor. The members of the Board shall receive a per diem allowance of One thousand five hundred pesos (P1. As such. and six (6) other members to be appointed by the President for a nonrenewable term of six (6) years: Provided.THE INTER-COUNTRY ADOPTION BOARD Sec. further. 4. and facilitate completion of adoption of the child through authorized and accredited agency. the different child-care and placement agencies. Sec. That no compensation shall be paid for more than four (4) meetings a month. as well as non-governmental organizations engaged in child-care and placement activities. The Inter-Country Adoption Board. (f) License and accredit child-caring/placement agencies and collaborate with them in the placement of Filipino children. it shall: (a) Protect the Filipino child from abuse. — The Board shall be composed of the Secretary of the Department as ex officio Chairman. or prejudicial to the child. and (h) Cancel the license to operate and blacklist the child-caring and placement agency or adoptive agency involved from the accreditation list of the Board upon a finding of violation of any provision under this Act. hereinafter referred to as the Board to act as the central authority in matters relating to inter-country adoption. trafficking and/or sale or any other practice in connection with adoption which is harmful. (g) Accredit and authorize foreign adoption agency in the placement of Filipino children in their own country. detrimental. It shall act as the policy-making body for purposes of carrying out the provisions of this Act. follow up. 5. two (2) lawyers who shall have at least the qualifications of a regional trial court judge. adoptive agencies.
6. (e) to determine the form and contents of the application for inter-country adoption. and (m) to perform such other functions on matters relating to inter-country adoption as may be determined by the President. international organizations and recognized international non-governmental organizations. (g) to institute systems and procedures to prevent improper financial gain in connection with adoption and deter improper practices which are contrary to this Act. (d) to determine a reasonable schedule of fees and charges to be exacted in connection with the application for adoption. after consultation and upon favorable recommendation of the different agencies concerned with the child-caring. (c) to set the guidelines for the manner by which selection/matching of prospective adoptive parents and adoptive child can be made. (k) to prepare. between and among foreign governments. including post-legal adoption services. particularly as regards coordination with foreign persons. and adoption. competence and have consistently pursued non-profit objectives to engage in the placement of Filipino children in their own country: Provided. agencies and other entities involved in the process of adoption and the physical transfer of the child. and thereafter. (j) to take appropriate measures to ensure confidentiality of the records of the child. That such foreign private agencies are duly authorized and accredited by their own government to conduct intercountry adoption:Provided. That the total number of authorized and accredited foreign private adoption agencies shall not exceed one hundred (100) a year. (h) to promote the development of adoption services. review or modify. Memoranda of Agreement respecting inter-country adoption consistent with the implementation of this Act and its stated goals. recommend to the Department of Foreign Affairs. Powers and Functions of the Board.Sec. 215 . (b) to set the guidelines for the convening of an Inter-country Adoption Placement Committee which shall be under the direct supervision of the Board. — The Board shall have the following powers and functions: (a) to prescribe rules and regulations as it may deem reasonably necessary to carry out the provisions of this Act. (i) to accredit and authorize foreign private adoption agencies which have demonstrated professionalism. however. entered into. placement. the natural parents and the adoptive parents at all times. (l) to assist other concerned agencies and the courts in the implementation of this Act.
(c)Deed of voluntary commitment/decree of abandonment/death certificate of parents. and to abide by the rules and regulations issued to implement the provisions of this Act. (d) has not been convicted of a crime involving moral turpitude. 9. Inter-Country Adoption as the Last Resort. (g) agrees to uphold the basic rights of the child as embodied under Philippine laws. Who May be Adopted. the U. (e)Psychological evaluation. Who May Adopt. (f) is in a position to provide the proper care and support and to give the necessary moral values and example to all his children. (c) has the capacity to act and assume all rights and responsibilities of parental authority under his national laws. including the child to be adopted.PROCEDURE Sec.N. and (f)Recent photo of the child. Sec. — An alien or a Filipino citizen permanently residing abroad may file an application for inter-country adoption of a Filipino child if he/she: (a) is at least twenty-seven (27) years of age and at least sixteen (16) years older than the child to be adopted. 8. his/her spouse must jointly file for the adoption. — Only a legally free child may be the subject of intercountry adoption. at the time of application unless the adopter is the parent by nature of the child to be adopted or the spouse of such parent: (b) if married. Towards this end. and has undergone the appropriate counseling from an accredited counselor in his/her country. however. That the maximum number that may be allowed for foreign adoption shall not exceed six hundred (600) a year for the first five (5) years. the Board shall set up the guidelines to ensure that steps will be taken to place the child in the Philippines before the child is placed for inter-country adoption: Provided. (b)Birth certificate/foundling certificate. the following documents must be submitted to the Board: (a)Child study. 7. (d)Medical evaluation /history. (e) is eligible to adopt under his/her national law. Convention on the Rights of the Child. In order that such child may be considered for placement. Sec. — The Board shall ensure that all possibilities for adoption of the child under the Family Code have been exhausted and that inter-country adoption is in the best interest of the child. 216 . as necessary.
When the Board is ready to transmit the Placement Authority to the authorized and accredited inter-country adoption agency and all the travel documents of the child are ready. shall personally fetch the child in the Philippines. Pre-adoptive Placement Costs. and divorce decree. if applicable. Where to File Application. Family Selection/Matching. (d) Physical. in the country of the prospective adoptive parents. (a) Birth certificate of applicant(s). through an intermediate agency. Sec. (c) Written consent of their biological or adoptive children above ten (10) years of age. the applicant's employer and a member of the immediate community who have known the applicant(s) for at least five (5) years. (f) Police clearance of applicant(s). (e) Income tax returns or any document showing the financial capability of the applicant(s). with the copy of the minutes of the meetings. which application shall be in accordance with the requirements as set forth in the implementing rules and regulations to be promulgated by the Board.(h) comes from a country with whom the Philippines has diplomatic relations and whose government maintains a similarly authorized and accredited agency and that adoption is allowed under his/her national laws. 12. 10. — The applicant(s) shall bear the following costs incidental to the placement of the child. The application shall be supported by the following documents written and officially translated in English. or with the Board. in the form of sworn statement. medical and psychological evaluation by a duly licensed physician and psychologist. and (h) Recent postcard-size pictures of the applicant(s) and his immediate family. (g) Character reference from the local church/minister. — No child shall be matched to a foreign adoptive family unless it is satisfactorily shown that the child cannot be adopted locally. 11. Sec. Sec. if married. The Rules of Court shall apply in case of adoption by judicial proceedings. The clearance. (b) Marriage contract. shall form part of the records of the child to be adopted. the adoptive parents. and (i) possesses all the qualifications and none of the disqualifications provided herein and in other applicable Philippine laws. 217 . or any one of them. — An application to adopt a Filipino child shall be filed either with the Philippine Regional Trial Court having jurisdiction over the child. whether governmental or an authorized and accredited agency. as issued by the Board.
218 . — The governmental agency or the authorized and accredited agency in the country of the adoptive parents which filed the application for intercountry adoption shall be responsible for the trial custody and the care of the child. PENALTIES Sec. — The Department of Foreign Affairs. executive agreements. shall be punished with a penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and/or a fine of not less than Fifty thousand pesos (P50. Penalties. 16. The Department of Foreign Affairs shall set up a system by which Filipino children sent abroad for trial custody are monitored and checked as reported by the authorized and accredited inter-country adoption agency as well as the repatriation to the Philippines of a Filipino child whose adoption has not been approved. in violation of the provisions of this Act. Charges and Assessments. medical examination and psychological evaluation required. and other laws pertaining to adoption. but not more than Two hundred thousand pesos (P200.000). For purposes of this Act. 14. Executive Agreements. Sec. The progress report shall be taken into consideration in deciding whether or not to issue the decree of adoption. visa. its implementing rules and regulations. Sec.chan robles virtual law library During the trial custody. a progress report of the child's adjustment. Illegality may be presumed from the following acts: (1) consent for an adoption was acquired through. — (a) Any person who shall knowingly participate in the conduct or carrying out of an illegal adoption.000). at the discretion of the court. the adopting parent(s) shall submit to the governmental agency or the authorized and accredited agency. — Fees. which shall in turn transmit a copy to the Board. an adoption is illegal if it is effected in any manner contrary to the provisions of this Act or established State policies. and assessments collected by the Board in the exercise of its functions shall be used solely to process applications for intercountry adoption and to support the activities of the Board. The trial custody shall be for a period of six (6) months from the time of placement. Sec. Supervision of Trial Custody. It shall also provide family counseling and other related services. 15. or attended by coercion. improper material inducement. shall cause the preparation of Executive Agreements with countries of the foreign adoption agencies to ensure the legitimate concurrence of said countries in upholding the safeguards provided by this Act. and other related expenses. fraud. upon representation of the Board. including all travel expenses within the Philippines and abroad. and (b) The cost of passport. 13. Fees. charges.(a) The cost of bringing the child from the Philippines to the residence of the applicant(s) abroad. Only after the lapse of the period of trial custody shall a decree of adoption be issued in the said country a copy of which shall be sent to the Board to form part of the records of the child.
(3) the procedures and safeguards placed under the law for adoption were not complied with. and/or a fine of not less than Five thousand pesos (P5. said government official. — The amount of Five million pesos (P5. — The Inter-country Adoption Board. shall promulgate the necessary rules and regulations to implement the provisions of this Act within six (6) months after its effectivity. and (4) the child to be adopted is subjected to. 18. be penalized in accordance with existing civil service laws.000). or who shall conspire with private individuals shall.(2) there is no authority from the Board to effect adoption. ordinances. at the discretion of the court. cases and processes shall suffer the penalty of imprisonment ranging from one (1) year and one (1) day to two (2) years. 17. after due consultation with agencies involved in child-care and placement. either administrative or criminal. employee or functionary who shall be found guilty of violating any of the provisions of this Act. That upon the filing of a case. executive orders. rules and regulations: Provided. A penalty lower by two (2) degrees than that prescribed for the consummated felony under this Article shall be imposed upon the principals of the attempt to commit any of the acts herein enumerated. abuse and exploitation. Public Officers as Offenders.000) is hereby appropriated from the proceeds of the Lotto for the initial operations of the Board and subsequently the appropriations of the same shall be included in the General Appropriations Act for the year following its enactment. employee or functionary concerned shall automatically suffer suspension until the resolution of the case. and the Department of Justice. Sec.chan robles virtual law library Sec. Appropriations. in coordination with the Council for the Welfare of Children. 19. in addition to the above-prescribed penalties. or exposed to danger.000). and proclamations. but not more than Ten thousand pesos (P10. the Department of Foreign Affairs. documents and communications of adoption applications.000. 219 . Implementing Rules and Regulations. Acts punishable under this Article.Penalties as are herein provided shall be in addition to any other penalties which may be imposed for the same acts punishable under other laws. FINAL PROVISIONS Sec. — Any government official. when committed by a syndicate or where it involves two or more children shall be considered as an offense constituting child trafficking and shall merit the penalty of reclusion perpetua. Acts punishable under this Article are deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring and/or confederating with one another in carrying out any of the unlawful acts defined under this Article. (b)Any person who shall violate established regulations relating to the confidentiality and integrity of records.
administrative authorities. cruelty exploitation and discrimination and other conditions. EXPLOITATION AND DISCRIMINATION. and legislative bodies. Principles and Definitions of Terms Section 1. 22. — Any law. teacher or person having care and custody of the same. Repealing Clause. modified or amended accordingly. Declaration of State Policy and Principles. administrative order or rules and regulations contrary to. – It is hereby declared to be the policy of the State to provide special protection to children from all firms of abuse. — If any provision.chan robles virtual law library Sec. Approved: June 7. AND FOR OTHER PURPOSES Title. 20. whether undertaken by public or private social welfare institutions. or part hereof is held invalid or unconstitutional. neglect. guardian. Sec. — This Act shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation. courts of law. Exploitation and Discrimination Act. Republic Act No. prejudicial their development. Effectivity Clause. Separability Clause. guardian. It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by circumstances which affect or will affect their survival and normal development and over which they have no control. – This Act shall be known as the "Special Protection of Children Against Abuse. The State shall intervene on behalf of the child when the parent. or inconsistent with the provisions of this Act are hereby repealed. 7610 AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE. consistent with the principle of First Call for Children as enunciated in the United Nations Convention of the Rights of the Child. Policy. shall remain valid and subsisting. The best interests of children shall be the paramount consideration in all actions concerning them. decree." Section 2. executive order. the remainder of the law or the provision not otherwise affected. exploitation and discrimination or when such acts against the child are committed by the said parent. 220 . teacher or person having care or custody of the child fails or is unable to protect the child against abuse. 1995 . exploitation and discrimination. provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse.Sec. Title. 21.
but are not limited to. neglect. Definition of Terms. exploitation and discrimination" refers to the coordinated program of services and facilities to protected children against: 221 . (c) "Circumstances which gravely threaten or endanger the survival and normal development of children" include. safety or normal development of children. such as food and shelter. cruelty. (5) Being a victim of a man-made or natural disaster or calamity. cruelty. (3) Unreasonable deprivation of his basic needs for survival. or (4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development or in his permanent incapacity or death. – (a) "Children" refers to person below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse. degrades or demeans the intrinsic worth and dignity of a child as a human being. exploitation or discrimination because of a physical or mental disability or condition. (4) Being a member of a indigenous cultural community and/or living under conditions of extreme poverty or in an area which is underdeveloped and/or lacks or has inadequate access to basic services needed for a good quality of life. (2) Any act by deeds or words which debases. the following. (d) "Comprehensive program against child abuse. or (6) Circumstances analogous to those abovestated which endanger the life. Section 3. whether habitual or not. neglect. sexual abuse and emotional maltreatment. (3) Living in or fending for themselves in the streets of urban or rural areas without the care of parents or a guardian or basic services needed for a good quality of life. (b) "Child abuse" refers to the maltreatment. of the child which includes any of the following: (1) Psychological and physical abuse. (1) Being in a community where there is armed conflict or being affected by armed conflict-related activities. safety and normal which unduly interfere with their normal development.Every effort shall be exerted to promote the welfare of children and enhance their opportunities for a useful and happy life. (2) Working under conditions hazardous to life.
as amended. (b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse. the perpetrators shall be prosecuted under Article 335. Formulation of the Program. That when the victims is under twelve (12) years of age. the Revised Penal Code. are deemed to be children exploited in prostitution and other sexual abuse. – There shall be a comprehensive program to be formulated. within one (1) year from the effectivity of this Act. Child Prostitution and Other Sexual Abuse Section 5. Child Prostitution and Other Sexual Abuse. other acts of abuse. indulge in sexual intercourse or lascivious conduct. (4) Other acts of abuses. Provided. Exploitation and Discrimination Section 4. to protect children against child prostitution and other sexual abuse. facilitate or induce child prostitution which include. who for money. and circumstances which endanger child survival and normal development. The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following: (a) Those who engage in or promote. whether male or female. and (5) Circumstances which threaten or endanger the survival and normal development of children. Program on Child Abuse. or any other consideration or due to the coercion or influence of any adult. syndicate or group. for rape and Article 336 of Act No. child trafficking.(1) Child Prostitution and other sexual abuse. for rape or lascivious conduct. (3) Taking advantage of influence or relationship to procure a child as prostitute. by the Department of Justice and the Department of Social Welfare and Development in coordination with other government agencies and private sector concerned. the following: (1) Acting as a procurer of a child prostitute. paragraph 3. profit. or (5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution. That the penalty for lascivious 222 . 3815. obscene publications and indecent shows. (4) Threatening or using violence towards a child to engage him as a prostitute. (2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means. (2) Child trafficking. (3) Obscene publications and indecent shows. – Children. as the case may be: Provided. but are not limited to.
or barter. nurse. shall suffer the penalty of reclusion temporal to reclusion perpetua. local civil registrar or any other person simulates birth for the purpose of child trafficking. or other child-during institutions who can be offered for the purpose of child trafficking. Attempt to Commit Child Trafficking. under the Revised Penal Code. or (d) When a doctor. clinics. whether as manager or owner of the establishment where the prostitution takes place. motel. or (e) When a person engages in the act of finding children among low-income families. and (c) Those who derive profit or advantage therefrom. vehicle or any other hidden or secluded area under circumstances which would lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse. place of entertainment or establishment serving as a cover or which engages in prostitution in addition to the activity for which the license has been issued to said establishment. establishment or child-caring institution recruits women or couples to bear children for the purpose of child trafficking. an inn. hotel. There is also an attempt to commit child prostitution. agency. A penalty lower by two (2) degrees than that prescribed for the consummated felony under Section 5 hereof shall be imposed upon the principals of the attempt to commit the crime of child prostitution under this Act. Section 6. or for any other consideration.Section 8. – There is an attempt to commit child prostitution under Section 5. Child Trafficking Section 7. Attempt To Commit Child Prostitution.conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period. midwife. is found alone with the said child inside the room or cubicle of a house. Child Trafficking. (c) When a person. – There is an attempt to commit child trafficking under Section 7 of this Act: (a) When a child travels alone to a foreign country without valid reason therefor and without clearance issued by the Department of Social Welfare and Development or written permit or justification from the child's parents or legal guardian. nurseries. hospital or clinic official or employee. resort. paragraph (a) hereof when any person who. vessel. or. – Any person who shall engage in trading and dealing with children including. health club and other similar establishments. pension house. bar. but not limited to. the act of buying and selling of a child for money. The penalty shall be imposed in its maximum period when the victim is under twelve (12) years of age. or of the sauna. not being a relative of a child. 223 . in the proper case. massage clinic. apartelle or other similar establishments. under paragraph (b) of Section 5 hereof when any person is receiving services from a child in a sauna parlor or bath. hospitals. day-care centers. disco.
whether live or in video. drink or otherwise. and the loss of parental authority over the minor. discotheque. but not covered by the Revised Penal Code. That should the perpetrator be an ascendant. use. Cruelty or Exploitation and Other Conditions Prejudicial to the Child's Development. moral or legal duty. Obscene Publications and Indecent Shows. cruelty or exploitation or to be responsible for other conditions prejudicial to the child's development including those covered by Article 59 of Presidential Decree No. motel. movie or show or in any other acts covered by this section shall suffer the penalty of prision mayor in its medium period. twelve (12) years or under or who in ten (10) years or more his junior in any public or private place. whether for occupancy. as amended. – Any person who shall hire. – (a) Any person who shall commit any other acts of child abuse.000): Provided. and the loss of the license to operate such a place or establishment. induce or coerce a child to perform in obscene exhibitions and indecent shows. the penalty to be imposed shall be prision mayor in its maximum period. Section 9. 224 .A penalty lower two (2) degrees than that prescribed for the consummated felony under Section 7 hereof shall be imposed upon the principals of the attempt to commit child trafficking under this Act.000). sauna or massage parlor. shall suffer the penalty of prision mayor in its minimum period. beach and/or other tourist resort or similar places shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50. however. That this provision shall not apply to any person who is related within the fourth degree of consanguinity or affinity or any bond recognized by law. pension house. cabaret. (d) Any person. including residential places. manager or one entrusted with the operation of any public or private place of accommodation. as amended.000). (c) Any person who shall induce. stepparent or guardian of the minor. Abuse. owner. or person entrusted in any capacity with the care of a child who shall cause and/or allow such child to be employed or to participate in an obscene play. Section 10. beer joint. Other Acts of Neglect. or model in obscene publications or pornographic materials or to sell or distribute the said materials shall suffer the penalty of prision mayor in its medium period. scene. employ. who allows any person to take along with him to such place or places any minor herein described shall be imposed a penalty of prision mayor in its medium period and a fine of not less than Fifty thousand pesos (P50. persuade. the penalty shall be imposed in its maximum period. food. a fine of not less than Fifty thousand pesos (P50. 603. If the child used as a performer. (b) Any person who shall keep or have in his company a minor.000). local custom and tradition or acts in the performance of a social. subject or seller/distributor is below twelve (12) years of age. deliver or offer a minor to any one prohibited by this Act to keep or have in his company a minor as provided in the preceding paragraph shall suffer the penalty of prision mayor in its medium period and a fine of not less than Forty thousand pesos (P40. act. guardian. Provided. Any ascendant. hotel.
3815. 3815. respectively. and Other Acts of Abuse . shall be one (1) degree higher than that imposed by law when the victim is under twelve (12) years age.(e) Any person who shall use. Section 12. force or intimidate a street child or any other child to. For purposes of this Act. homicide. as amended. for the crimes of qualified seduction. and other acts of abuse shall be immediately closed and their authority or license to operate cancelled. or (3) Conduct any illegal activities. 339. the penalty for the commission of acts punishable under Articles 248. shall suffer the penalty of prision correccional in its medium period to reclusion perpetua. – All establishments and enterprises which promote or facilitate child prostitution and other sexual abuse. coerce. paragraph 2. or solicits children or activities constituting the aforementioned acts shall be deemed to have committed the acts penalized herein. as the Department may determine. – Children below fifteen (15) years of age may be employed except: 225 . (2) Act as conduit or middlemen in drug trafficking or pushing. Facilitate. as amended. and other acts of abuse if the acts constituting the same occur in the premises of said establishment under this Act or in violation of the Revised Penal Code. Sanctions of Establishments or Enterprises which Promote. child trafficking. obscene publications and indecent shows. 249. or recruitment agency which: promotes the aforementioned acts as part of a tour for foreign tourists. or special laws. and 263. as amended. exhibits children in a lewd or indecent show. (1) Beg or use begging as a means of living. 340 and 341 of Act No. respectively. and white slave trade. obscene publications and indecent shows. Child Trafficking. the Revised Penal Code. The victim of the acts committed under this section shall be entrusted to the care of the Department of Social Welfare and Development. the Revised Penal Code. or Conduct Activities Constituting Child Prostitution and Other Sexual Abuse. corruption of minors. shall be reclusion perpetua when the victim is under twelve (12) years of age. other intentional mutilation. and serious physical injuries. child trafficking. as amended. Section 11. travel agency. Obscene Publications and Indecent Shows. An enterprise such as a sauna. paragraph 1 of Act No. acts of lasciviousness with the consent of the offended party. Employment of Children. without prejudice to the owner or manager thereof being prosecuted under this Act and/or the Revised Penal Code. for the crimes of murder. A sign with the words "off limits" shall be conspicuously displayed outside the establishments or enterprises by the Department of Social Welfare and Development for such period which shall not be less than one (1) year. The unauthorized removal of such sign shall be punishable by prision correccional. The penalty for the commission of acts punishable under Article 337. An establishment shall be deemed to promote or facilitate child prostitution and other sexual abuse. 262. provides child masseurs for adults of the same or opposite sex and said services include any lascivious conduct with the customers.
further. 226 . Culture and Sports shall promulgate a course design under its non-formal education program aimed at promoting the intellectual. nor impairs his normal development: Provided. – Every employer shall comply with the duties provided for in Articles 108 and 109 of Presidential Decree No. The Department of Labor Employment shall promulgate rules and regulations necessary for the effective implementation of this Section. in case of repeated violations of the provisions of this Article. Section 16. – No person shall employ child models in all commercials or advertisements promoting alcoholic beverages. The employment contract concluded by the child's parent or guardian. Section 14.000) but not more than Ten thousand pesos (P10. Non-formal Education for Working Children. Duty of Employer. That the following requirements in all instances are strictly complied with: (a) The employer shall ensure the protection. health. Penalties. or both at the discretion of the court.000) or imprisonment of not less than three (3) months but not more than three (3) years. moral and vocational efficiency of working children who have not undergone or finished elementary or secondary education. Prohibition on the Employment of Children in Certain Advertisements. however. That. Provided. – Any person who shall violate any provision of this Article shall suffer the penalty of a fine of not less than One thousand pesos (P1. the employer shall first secure. theater. That the parent or legal guardian shall provide the said minor child with the prescribed primary and/or secondary education. the offender's license to operate shall be revoked. intoxicating drinks. radio or television is essential: Provided. and the duration and arrangement of working time. subject to the approval and supervision of competent authorities. safety and health and morals. That his employment neither endangers his life. if possible. or (2) When a child's employment or participation in public & entertainment or information through cinema. – The Department of Education.(1) When a child works directly under the sole responsibility of his parents or legal guardian and where only members of the employer's family are employed: Provided. 603. (c) The employer shall formulate and implement. a continuing program for training and skill acquisition of the child. safety and morals of the child. and the approval of the Department of Labor and Employment: Provided. (b) the employer shall institute measures to prevent the child's exploitation or discrimination taking into account the system and level of remuneration. and. Section 15. Section 13. with the express agreement of the child concerned. a work permit from the Department of Labor and Employment which shall ensure observance of the above requirement. Such course design shall integrate the learning process deemed most effective under given circumstances. In the above exceptional cases where any such child may be employed. tobacco and its byproducts and violence. before engaging such child.
or used as guides. Indigenous institution shall also be recognized and respected. – In addition to the rights guaranteed to children under this Act and other existing laws. System of and Access to Education. Participation. (a) Children shall not be the object of attack and shall be entitled to special respect. Section 20. nor be allowed to take part in the fighting. Survival. – The Department of Education. Health and Nutrition. It shall be the responsibility of the State and all other sectors concerned to resolve armed conflicts in order to promote the goal of children as zones of peace. The Department of Education. Section 22. Culture and Sports shall develop and institute an alternative system of education for children of indigenous cultural communities which culture-specific and relevant to the needs of and the existing situation in their communities. – Indigenous cultural communities. survival and development consistent with the customs and traditions of their respective communities. – The delivery of basic social services in health and nutrition to children of indigenous cultural communities shall be given priority by all government agencies concerned. primary health and emergency relief services shall be kept unhampered. decision-making implementation. Culture and Sports shall also accredit and support non-formal but functional indigenous educational programs conducted by non-government organizations in said communities. (c) Delivery of basic social services such as education. 227 . Hospitals and other health institution shall ensure that children of indigenous cultural communities are given equal attention. or spies. They shall be protected from any form of threat. Section 19. Section 21. Children as Zones of Peace. indigenous health practices shall be respected and recognized.000) more than Ten thousand pesos (P10. children of indigenous cultural communities shall be entitled to protection. Section 18. Any person who discriminate against children of indigenous cultural communities shall suffer a penalty of arresto mayor in its maximum period and a fine of not less than Five thousand pesos (P5. Discrimination. In the provision of health and nutrition services to children of indigenous cultural communities. assault. – Children are hereby declared as Zones of Peace.000). the following policies shall be observed. To attain this objective. through their dulydesignated or appointed representatives shall be involved in planning. couriers. and evaluation of all government programs affecting children of indigenous cultural communities. inhumane or degrading treatment. torture or other cruel. Protection and Development. (b) Children shall not be recruited to become members of the Armed Forces of the Philippines of its civilian units or other armed groups.Section 17. – Children of indigenous cultural communities shall not be subjected to any and all forms of discrimination.
guide or spy is entitled to the following rights. They shall not be subjected to undue harassment in the performance of their work. sports and outdoor games. Existing community organizations shall be tapped to look after the safety and well-being of children during evacuation operations. Measures shall be taken to ensure that children evacuated are accompanied by persons responsible for their safety and well-being. and supply depots. If after hearing the evidence in the proper proceedings the court should find that the aforesaid child committed the acts charged against him. Section 25. including any civil liability chargeable against him. instead of pronouncing judgment of conviction. courier. Section 24. (e) Public infrastructure such as schools. after considering the reports and recommendations of the Department of Social Welfare and Development or the agency or responsible individual under whose care he has been committed. for a shorter period as the court may deem proper. barracks. (b) Immediate free legal assistance. expectant and nursing mothers and children shall be given additional food in proportion to their physiological needs. members of the same family shall be housed in the same premises and given separate accommodation from other evacuees and provided with facilities to lead a normal family life. 228 . (c) Immediate notice of such arrest to the parents or guardians of the child. hospitals and rural health units shall not be utilized for military purposes such as command posts. Rights of Children Arrested for Reasons Related to Armed Conflict. – Children shall be given priority during evacuation as a result of armed conflict. and (d) Release of the child on recognizance within twenty-four (24) hours to the custody of the Department of Social Welfare and Development or any responsible member of the community as determined by the court. – Whenever possible. However. children shall be given opportunities for physical exercise. the court shall determine the imposable penalty. (a) Separate detention from adults except where families are accommodated as family units. until he has had reached eighteen (18) years of age or. the court shall suspend all further proceedings and shall commit such child to the custody or care of the Department of Social Welfare and Development or to any training institution operated by the Government. Whenever feasible. In places of temporary shelter. Section 23. and (f) All appropriate steps shall be taken to facilitate the reunion of families temporarily separated due to armed conflict. – Any child who has been arrested for reasons related to armed conflict. either as combatant.(d) The safety and protection of those who provide services including those involved in factfinding missions from both government and non-government institutions shall be ensured. Evacuation of Children During Armed Conflict. detachments. Family Life and Temporary Shelter. or duly-licensed agencies or any other responsible person.
Section 29. – Complaints on cases of unlawful acts committed against the children as enumerated herein may be filed by the following: (a) Offended party. Custody proceedings shall be in accordance with the provisions of Presidential Decree No. 229 . Confidentiality. – The chairman of the barangay affected by the armed conflict shall submit the names of children residing in said barangay to the municipal social welfare and development officer within twenty-four (24) hours from the occurrence of the armed conflict. – Cases involving violations of this Act shall be heard in the chambers of the judge of the Regional Trial Court duly designated as Juvenile and Domestic Court. – The offended party shall be immediately placed under the protective custody of the Department of Social Welfare and Development pursuant to Executive Order No. Section 28. and reporter or columnist in case of printed materials. (b) Parents or guardians. to cause undue and sensationalized publicity of any case of violation of this Act which results in the moral degradation and suffering of the offended party. publisher. Protective Custody of the Child. (c) Ascendant or collateral relative within the third degree of consanguinity. the officer of the Department of Social Welfare and Development shall be free from any administrative. or (g) At least three (3) concerned responsible citizens where the violation occurred.The aforesaid child shall subject to visitation and supervision by a representative of the Department of Social Welfare and Development or any duly-licensed agency or such other officer as the court may designate subject to such conditions as it may prescribe. 56.Lawphi1@alf Section 30. Who May File a Complaint. In the regular performance of this function. 603. social worker or representative of a licensed child-caring institution. (e) Officer or social worker of the Department of Social Welfare and Development. his name may be withheld from the public until the court acquires jurisdiction over the case. civil or criminal liability. Section 27.1awphi1@ITC (d) Officer. Special Court Proceedings. series of 1986. – At the instance of the offended party. Section 26. It shall be unlawful for any editor. The aforesaid child whose sentence is suspended can appeal from the order of the court in the same manner as appeals in criminal cases. (f) Barangay chairman. announcer or producer in case of television and radio broadcasting. Monitoring and Reporting of Children in Situations of Armed Conflict. producer and director of the film in case of the movie industry.
however. – Unless otherwise provided in this Act. parent guardian. (b) When the offender is a corporation. – (a) The penalty provided under this Act shall be imposed in its maximum period if the offender has been previously convicted under this Act. election cases. in coordination with the Department of Social Welfare and Development. (e) The penalty provided for in this Act shall be imposed in its maximum period if the offender is a public officer or employee: Provided. or a manager or owner of an establishment which has no license to operate or its license has expired or has been revoked. he shall be deported immediately after service of sentence and forever barred from entry to the country. partnership or association. (d) When the offender is a foreigner. the officer or employee thereof who is responsible for the violation of this Act shall suffer the penalty imposed in its maximum period. Section 34. and cases involving detention prisoners and persons covered by Republic Act No. the Department of Justice. finally. then the penalty of perpetual or temporary absolute disqualification shall also be imposed: Provided. all courts shall give preference to the hearing or disposition of cases involving violations of this Act. 4908. (c) The penalty provided herein shall be imposed in its maximum period when the perpetrator is an ascendant. or any immediate member of his family if the latter is the perpetrator of the offense. stepparent or collateral relative within the second degree of consanguinity or affinity. Section 33. That if the penalty imposed is reclusion perpetua or reclusion temporal. Separability Clause. Section 32. – The amount necessary to carry out the provisions of this Act is hereby authorized to be appropriated in the General Appropriations Act of the year following its enactment into law and thereafter. the remaining provisions not affected thereby shall continue in full force and effect. and (f) A fine to be determined by the court shall be imposed and administered as a cash fund by the Department of Social Welfare and Development and disbursed for the rehabilitation of each child victim. Appropriations. Section 31.Any provision of existing law to the contrary notwithstanding and with the exception of habeas corpus. Rules and Regulations. That if the penalty imposed is prision correccional or arresto mayor. shall promulgate rules and regulations of the effective implementation of this Act. Such rules and regulations shall take effect upon their publication in two (2) national newspapers of general circulation. 230 . the penalty of suspension shall also be imposed. – If any provision of this Act is declared invalid or unconstitutional. Common Penal Provisions.
Repealing Clause. industrial and recreational areas as well as open spaces and other community and public areas in the project. A privilege given to a member of a cooperative. letter. – All laws.Section 35. in a subdivision project or a condominium unit in a condominium project. purchase. PROVIDING PENALTIES FOR VIOLATIONS THEREOF Section 1. Approved: June 17. "Person" shall mean a natural or a juridical person. any land in consideration of payment of the membership fee or dues. for a valuable consideration. "Sale" and "sell" shall also include a contract to sell. including the building and other improvements thereof. It shall include all residential. in a subdivision project or a condominium unit in a condominium project. or an offer to sell. a solicitation of a sale. or otherwise acquire for a valuable consideration a subdivision lot. an option of sale or purchase. 496 which is partitioned primarily for residential purposes into individual lots with or without improvements thereon. Effectivity Clause. if any. if any. (b) Sale or sell. or attempt to dispose. Definition of Terms When used in this Decree. a contract of purchase and sale. This Decree shall be known as THE SUBDIVISION AND CONDOMINIUM BUYERS' PROTECTIVE DECREE. the following terms shall. (d) Subdivision project. or any association and/or the issuance of a certificate or receipt evidencing or giving the right of participation in. unless the context otherwise indicates. "Sale" or "sell" shall include every disposition. 1992. or right to. corporation. 957 REGULATING THE SALE OF SUBDIVISION LOTS AND CONDOMINIUMS. an exchange. have the following respective meanings: (a) Person. including the building and other improvements. directly or by an agent. commercial. and offered to the public for sale. Title. of a subdivision lot. or by a circular. (c) Buy and purchase. advertisement or otherwise. decrees. A juridical person refers to a business firm whether a corporation. cooperative or associations or a single proprietorship. in cash or in installment terms. The "buy" and "purchase" shall include any contract to buy. – This Act shall take effect upon completion of its publication in at least two (2) national newspapers of general circulation. shall be deemed a sale within the meaning of this definition. "Subdivision project" shall mean a tract or a parcel of land registered under Act No. PRESIDENTIAL DECREE No. Section 36. or rules inconsistent with the provisions of this Acts are hereby repealed or modified accordingly. 231 . Section 2. partnership. an attempt to sell. partnership.
in a subdivision project.A. (k) Dealer. passageway or open space is delineated on the plan. shall then be submitted to the Director of Lands for approval in accordance with the procedure prescribed in Section 44 of the Land Registration Act (Act No. selling or exchanging real estate whether on a full-time or part-time basis. "Owner" shall refer to the registered owner of the land subject of a subdivision or a condominium project. (m) Salesman. (n) Authority. including all structures thereon. shall be submitted to the Register of Deeds of the province or city in which the property lies and the same shall be acted upon subject to the conditions and in accordance with the procedure prescribed in Section 4 of the Condominium Act (R. that it case of complex subdivision plans. for and in his behalf. "Condominium project" shall mean the entire parcel of real property divided or to be divided primarily for residential purposes into condominium units. No. 232 . court approval shall no longer be required. (j) Developer. 496. whether residential. in addition. industrial. Section 3. (l) Broker. "Broker" shall mean any person who. "Dealer" shall mean any person directly engaged as principal in the business of buying. The condominium plan as likewise so approved. for commission or other compensation. "Condominium unit" shall mean a part of the condominium project intended for any type of independent use or ownership. "Developer" shall mean the person who develops or improves the subdivision project or condominium project for and in behalf of the owner thereof. undertakes to sell or negotiate the sale of a real estate belonging to another.A. National Housing Authority The National Housing Authority shall have exclusive jurisdiction to regulate the real estate trade and business in accordance with the provisions of this Decree. including one or more rooms or spaces located in one or more floors (or part of parts of floors) in a building or buildings and such accessories as may be appended thereto. No. "Complex subdivision plan" shall mean a subdivision plan of a registered land wherein a street. 440): Provided. "Subdivision lot" shall mean any of the lots. Registration of Projects The registered owner of a parcel of land who wishes to convert the same into a subdivision project shall submit his subdivision plan to the Authority which shall act upon and approve the same.(e) Subdivision lot. Section 4. "Salesman" shall refer to the person regularly employed by a broker to perform. (h) Condominium unit. as so approved.A. No. The subdivision plan. commercial. The same procedure shall be followed in the case of a plan for a condominium project except that. upon a finding that the plan complies with the Subdivision Standards' and Regulations enforceable at the time the plan is submitted. any or all functions of a real estate broker. "Authority" shall mean the National Housing Authority. (f) Complex subdivision plan. said Authority shall act upon and approve the plan with respect to the building or buildings included in the condominium project in accordance with the National Building Code (R. (i) Owner. 4726). as amended by R. (g) Condominium project. 6541). or recreational.
as the case may be. as well as the papers attached thereto. the Authority shall immediately cause to be published a notice of the filing of the registration statement at the expense of the applicant-owner or dealer. or communication to be used for the public offering of the subdivision lots or condominium units. respectively. (d) A title to the property which is free from all liens and encumbrances: Provided. reciting that a registration statement for the sale of subdivision lots or condominium units has been filed in the National Housing Authority.The owner or the real estate dealer interested in the sale of lots or units. in two newspapers general circulation. that in case any subdivision lot or condominium unit is mortgaged. if the owner be a corporation. and if the owner is a non-resident Filipino. the name and address of his agent or representative in the Philippines is authorized to receive notice. a balance sheet showing the amount and general character of its assets and liabilities and a copy of its articles of incorporation or articles of partnership or association. brochure. The person filing the registration statement shall pay the registration fees prescribed therefor by the Authority. once a week for two consecutive weeks. it is sufficient if the instrument of mortgage contains a stipulation that the mortgagee shall release the mortgage on any subdivision lot or condominium unit as soon as the full purchase price for the same is paid by the buyer. (b) A copy of any circular. including the authorized and outstanding amounts of its capital stock and the proportion thereof which is paid-up. that the aforesaid registration statement. letter. if it be a partnership. and (e) A statement of the capitalization of the owner. are open to inspection during 233 . advertisement. The following documents shall be attached to the registration statement: (a) A copy of the subdivision plan or condominium plan as approved in accordance with the first and second paragraphs of this section. (c) In case of a business firm. however. (c) The names and addresses of all the directors and officers of the business firm. trust. (b) The location of the owner's principal business office. prospectus. association. in such subdivision project or condominium project shall register the project with the Authority by filing therewith a sworn registration statement containing the following information: (a) Name of the owner. and of all the partners. Thereupon. one published in English and another in Pilipino. or other entity. (d) The general character of the business actually transacted or to be transacted by the owner. with all the amendments thereof and existing by-laws or instruments corresponding thereto.
the Authority may. gutters. in its discretion. Exempt transactions. water system. sewerage. The Authority. he is convinced that the owner or dealer is of good repute. drainage. Section 8. Suspension of license to sell. License to sell. The fact of such registration shall be evidenced by a registration certificate to be issued to the applicant-owner or dealer. however. be authorized to sell any subdivision lot or condominium unit in the registered project unless he shall have first obtained a license to sell the project within two weeks from the registration of such project. No license to sell subdivision lots or condominium units shall be issued by the Authority under Section 5 of this Decree unless the owner or dealer shall have filed an adequate performance bond approved by said Authority to guarantee the construction and maintenance of the roads. in its opinion. and full development of the subdivision project or the condominium project and the compliance by the owner or dealer with the applicable laws and rules and regulations. Section 6. The performance bond shall be executed in favor of the Republic of the Philippines and shall authorize the Authority to use the proceeds thereof for the purposes of its undertaking in case of forfeiture as provided in this Decree.business hours by interested parties. (b) Sale or transfer of a subdivision lot by the original purchaser thereof and any subsequent sale of the same lot. The subdivision project of the condominium project shall be deemed registered upon completion of the above publication requirement. and that the proposed sale of the subdivision lots or condominium units to the public would not be fraudulent. Section 7. Section 5. under such regulations as the Authority may impose. immediately suspend the owner's or dealer's license to sell pending investigation and hearing of the case as provided in Section 13 hereof. A license to sell and performance bond shall not be required in any of the following transactions: (a) Sale of a subdivision lot resulting from the partition of land among co-owners and coheirs. shall issue to such owner or dealer of a registered project a license to sell the project if. that his business is financially stable. lighting systems. upon proper application therefor. after an examination of the registration statement filed by said owner or dealer and all the pertinent documents attached thereto. Performance Bond. (c) Sale of a subdivision lot or a condominium unit by or for the account of a mortgagee in the ordinary course of business when necessary to liquidate a bona fide debt. Such owner or dealer to whom has been issued a registration certificate shall not. Upon verified complaint by a buyer of a subdivision lot or a condominium unit in any interested party. and that copies thereof shall be furnished to any party upon payment of the proper fees. any information in the registration statement filed by the owner or dealer is or has become 234 . The Authority may motu proprio suspend the license to sell if.
misleading, incorrect, inadequate or incomplete or the sale or offering for a sale of the subdivision or condominium project may work or tend to work a fraud upon prospective buyers. The suspension order may be lifted if, after notice and hearing, the Authority is convinced that the registration statement is accurate or that any deficiency therein has been corrected or supplemented or that the sale to the public of the subdivision or condominium project will neither be fraudulent not result in fraud. It shall also be lifted upon dismissal of the complaint for lack of legal basis. Until the final entry of an order of suspension, the suspension of the right to sell the project, though binding upon all persons notified thereof, shall be deemed confidential unless it shall appear that the order of suspension has in the meantime been violated. Section 9. Revocation of registration certificate and license to sell. The Authority may, motu proprio or upon verified complaint filed by a buyer of a subdivision lot or condominium unit, revoke the registration of any subdivision project or condominium project and the license to sell any subdivision lot or condominium unit in said project by issuing an order to this effect, with his findings in respect thereto, if upon examination into the affairs of the owner or dealer during a hearing as provided for in Section 14 hereof, if shall appear there is satisfactory evidence that the said owner or dealer: (a) Is insolvent; or (b) has violated any of the provisions of this Decree or any applicable rule or regulation of the Authority, or any undertaking of his/its performance bond; or (c) Has been or is engaged or is about to engage in fraudulent transactions; or (d) Has made any misrepresentation in any prospectus, brochure, circular or other literature about the subdivision project or condominium project that has been distributed to prospective buyers; or (e) Is of bad business repute; or (f) Does not conduct his business in accordance with law or sound business principles. Where the owner or dealer is a partnership or corporation or an unincorporated association, it shall be sufficient cause for cancellation of its registration certificate and its license to sell, if any member of such partnership or any officer or director of such corporation or association has been guilty of any act or omission which would be cause for refusing or revoking the registration of an individual dealer, broker or salesman as provided in Section 11 hereof. Section 10. Registers of subdivision lots and condominium units. A record of subdivision lots and condominium units shall be kept in the Authority wherein shall be entered all orders of the Authority affecting the condition or status thereof. The registers of subdivision lots and
condominium units shall be open to public inspection subject to such reasonable rules as the Authority may prescribe. Section 11. Registration of dealers, brokers and salesmen. No real estate dealer, broker or salesman shall engage in the business of selling subdivision lots or condominium units unless he has registered himself with the Authority in accordance with the provisions of this section. If the Authority shall find that the applicant is of good repute and has complied with the applicable rules of the Authority, including the payment of the prescribed fee, he shall register such applicant as a dealer, broker or salesman upon filing a bond, or other security in lieu thereof, in such sum as may be fixed by the Authority conditioned upon his faithful compliance with the provisions of this Decree: Provided, that the registration of a salesman shall cease upon the termination of his employment with a dealer or broker. Every registration under this section shall expire on the thirty-first day of December of each year. Renewal of registration for the succeeding year shall be granted upon written application therefor made not less than thirty nor more than sixty days before the first day of the ensuing year and upon payment of the prescribed fee, without the necessity of filing further statements or information, unless specifically required by the Authority. All applications filed beyond said period shall be treated as original applications. The names and addresses of all persons registered as dealers, brokers, or salesmen shall be recorded in a Register of Brokers, Dealers and Salesmen kept in the Authority which shall be open to public inspection. Section 12. Revocation of registration as dealers, brokers or salesmen. Registration under the preceding section may be refused or any registration granted thereunder, revoked by the Authority if, after reasonable notice and hearing, it shall determine that such applicant or registrant: 1. Has violated any provision of this Decree or any rule or regulation made hereunder; or 2. Has made a material false statement in his application for registration; or 3. Has been guilty of a fraudulent act in connection with any sale of a subdivision lot or condominium unit; or 4. Has demonstrated his unworthiness to transact the business of dealer, broker, or salesman, as the case may be. In case of charges against a salesman, notice thereof shall also be given the broker or dealer employing such salesman. Pending hearing of the case, the Authority shall have the power to order the suspension of the dealer's, broker's, of salesman's registration; provided, that such order shall state the cause for the suspension. The suspension or revocation of the registration of a dealer or broker shall carry with it all the suspension or revocation of the registrations of all his salesmen.
Section 13. Hearing. In the hearing for determining the existence of any ground or grounds for the suspension and/or revocation of registration certificate and license to sell as provided in Section 8 and 9 hereof, the following shall be complied with: (a) Notice. No such hearing shall proceed unless the respondent is furnished with a copy of the complaint against him or is notified in writing of the purpose of such hearing. (b) Venue. The hearing may be held before the officer or officers designated by the Authority on the date and place specified in the notice. (c) Nature of proceeding. The proceedings shall be non-litigious and summary in nature without regard to legal technicalities obtaining in courts of law. The Rules of court shall not apply in said hearing except by analogy or in a suppletory character and whenever practicable and convenient. (d) Power incidental to the hearing. For the purpose of the hearing or other proceeding under this Decree, the officer or officers designated to hear the complaint shall have the power to administer oaths, subpoena witnesses, conduct ocular inspections, take depositions, and require the production of any book, paper, correspondence, memorandum, or other record which are deemed relevant or material to the inquiry. Section 14. Contempt. (a) Direct contempt. The officer or officers designated by the Authority to hear the complaint may summarily adjudge in direct contempt any person guilty of misbehavior in the presence of or so near the said hearing officials as to obstruct or interrupt the proceedings before the same or of refusal to be sworn or to answer as a witness or to subscribe an affidavit or deposition when lawfully required to do so. The person found guilty of direct contempt under this section shall be punished by a fine not exceeding Fifty (P50.00) Pesos or imprisonment not exceeding five (5) days, or both. (b) Indirect contempt. The officer or officers designated to hear the complaint may also adjudge any person in indirect contempt on grounds and in the manner prescribed in Rule 71 of the Revised Rules of Court. Section 15. Decision. The case shall be decided within thirty (30) days from the time the same is submitted for decision. The Decision may order the revocation of the registration of the subdivision or condominium project, the suspension, cancellation, or revocation of the license to sell and/or forfeiture, in whole or in part, of the performance bond mentioned in Section 6 hereof. In case forfeiture of the bond is ordered, the Decision may direct the provincial or city engineer to undertake or cause the construction of roads and of other requirements for the subdivision or condominium as stipulated in the bond, chargeable to the amount forfeited. Such decision shall be immediately executory and shall become final after the lapse of 15 days from the date of receipt of the Decision. Section 16. Cease and Desist Order. Whenever it shall appear to the Authority that any person is engaged or about to engage in any act or practice which constitutes or will constitute a violation of the provisions of this Decree, or of any rule or regulation thereunder, it may,
upon due notice and hearing as provided in Section 13 hereof, issue a cease and desist order to enjoin such act or practices. Section 17. Registration. All contracts to sell, deeds of sale and other similar instruments relative to the sale or conveyance of the subdivision lots and condominium units, whether or not the purchase price is paid in full, shall be registered by the seller in the Office of the Register of Deeds of the province or city where the property is situated. Whenever a subdivision plan duly approved in accordance with Section 4 hereof, together with the corresponding owner's duplicate certificate of title, is presented to the Register of Deeds for registration, the Register of Deeds shall register the same in accordance with the provisions of the Land Registration Act, as amended: Provided, however, that it there is a street, passageway or required open space delineated on a complex subdivision plan hereafter approved and as defined in this Decree, the Register of Deeds shall annotate on the new certificate of title covering the street, passageway or open space, a memorandum to the effect that except by way of donation in favor of a city or municipality, no portion of any street, passageway, or open space so delineated on the plan shall be closed or otherwise disposed of by the registered owner without the requisite approval as provided under Section 22 of this Decree. Section 18. Mortgages. No mortgage on any unit or lot shall be made by the owner or developer without prior written approval of the Authority. Such approval shall not be granted unless it is shown that the proceeds of the mortgage loan shall be used for the development of the condominium or subdivision project and effective measures have been provided to ensure such utilization. The loan value of each lot or unit covered by the mortgage shall be determined and the buyer thereof, if any, shall be notified before the release of the loan. The buyer may, at his option, pay his installment for the lot or unit directly to the mortgagee who shall apply the payments to the corresponding mortgage indebtedness secured by the particular lot or unit being paid for, with a view to enabling said buyer to obtain title over the lot or unit promptly after full payment thereto; Section 19. Advertisements. Advertisements that may be made by the owner or developer through newspaper, radio, television, leaflets, circulars or any other form about the subdivision or the condominium or its operations or activities must reflect the real facts and must be presented in such manner that will not tend to mislead or deceive the public. The owner or developer shall answerable and liable for the facilities, improvements, infrastructures or other forms of development represented or promised in brochures, advertisements and other sales propaganda disseminated by the owner or developer or his agents and the same shall form part of the sales warranties enforceable against said owner or developer, jointly and severally. Failure to comply with these warranties shall also be punishable in accordance with the penalties provided for in this Decree. Section 20. Time of Completion. Every owner or developer shall construct and provide the facilities, improvements, infrastructures and other forms of development, including water supply and lighting facilities, which are offered and indicated in the approved subdivision or condominium plans, brochures, prospectus, printed matters, letters or in any form of advertisement, within one year from the date of the issuance of the license for the
subdivision or condominium project or such other period of time as may be fixed by the Authority. Section 21. Sales Prior to Decree. In cases of subdivision lots or condominium units sold or disposed of prior to the effectivity of this Decree, it shall be incumbent upon the owner or developer of the subdivision or condominium project to complete compliance with his or its obligations as provided in the preceding section within two years from the date of this Decree unless otherwise extended by the Authority or unless an adequate performance bond is filed in accordance with Section 6 hereof. Failure of the owner or developer to comply with the obligations under this and the preceding provisions shall constitute a violation punishable under Sections 38 and 39 of this Decree. Section 22. Alteration of Plans. No owner or developer shall change or alter the roads, open spaces, infrastructures, facilities for public use and/or other form of subdivision development as contained in the approved subdivision plan and/or represented in its advertisements, without the permission of the Authority and the written conformity or consent of the duly organized homeowners association, or in the absence of the latter, by the majority of the lot buyers in the subdivision. Section 23. Non-Forfeiture of Payments. No installment payment made by a buyer in a subdivision or condominium project for the lot or unit he contracted to buy shall be forfeited in favor of the owner or developer when the buyer, after due notice to the owner or developer, desists from further payment due to the failure of the owner or developer to develop the subdivision or condominium project according to the approved plans and within the time limit for complying with the same. Such buyer may, at his option, be reimbursed the total amount paid including amortization interests but excluding delinquency interests, with interest thereon at the legal rate. Section 24. Failure to pay installments. The rights of the buyer in the event of this failure to pay the installments due for reasons other than the failure of the owner or developer to develop the project shall be governed by Republic Act No. 6552. Where the transaction or contract was entered into prior to the effectivity of Republic Act No. 6552 on August 26, 1972, the defaulting buyer shall be entitled to the corresponding refund based on the installments paid after the effectivity of the law in the absence of any provision in the contract to the contrary. Section 25. Issuance of Title. The owner or developer shall deliver the title of the lot or unit to the buyer upon full payment of the lot or unit. No fee, except those required for the registration of the deed of sale in the Registry of Deeds, shall be collected for the issuance of such title. In the event a mortgage over the lot or unit is outstanding at the time of the issuance of the title to the buyer, the owner or developer shall redeem the mortgage or the corresponding portion thereof within six months from such issuance in order that the title over any fully paid lot or unit may be secured and delivered to the buyer in accordance herewith.
he shall be liable to the owner or developer for such tax and assessment effective the year following such taking of possession and occupancy. or provision in contract of sale whereby any person waives compliance with any provision of this Decree or of any rule or regulation issued thereunder shall be void. the official authorized so to do shall have the authority to examine under oath the directors. Section 33. Any condition. Right of Way to Public Road. The owner or developer of a subdivision without access to any existing public road or street must secure a right of way to a public road or street and such right of way must be developed and maintained according to the requirement of the government and authorities concerned. at his option. Phases of Subdivision. The registered owner or developer of the subdivision or condominium project. and condition of any person. This Authority. the owner or developer may divide the development and sale of the subdivision into phases. or association engaged in the business of selling subdivision lots and condominium units. Section 32. the proposed conversion is approved by the Authority. Fees to finance services for common comfort. The requirement imposed by this Decree on the subdivision as a whole shall be deemed imposed on each phase. make an examination into the business affairs. through its duly authorized representative may. cooperative. Organization of Homeowners Association. Section 29. security and sanitation may be collected only by a properly organized homeowners association and only with the consent of a majority of the lot or unit buyers actually residing in the subdivision or condominium project. administration. Realty Tax. stockholders or 240 . no portion of the area donated shall thereafter be converted to any other purpose or purposes unless after hearing. Real estate tax and assessment on a lot or unit shall de paid by the owner or developer without recourse to the buyer for as long as the title has not passed the buyer. Section 28. No owner or developer shall levy upon any lot or buyer a fee for an alleged community benefit. Access to Public Offices in the Subdivisions. Visitorial powers. The owner or developer of a subdivision project or condominium project shall initiate the organization of a homeowners association among the buyers and residents of the projects for the purpose of promoting and protecting their mutual interest and assist in their community development. that if the buyer has actually taken possession of and occupied the lot or unit. Nullity of waivers. For this purpose. partnership. upon completion of the development of said project may. Donations of roads and open spaces to local government. For purposes of complying with the provisions of this Decree. each phase to cover not less than ten hectares. corporation. Section 30. however. No owner or developer shall deny any person free access to any government office or public establishment located within the subdivision or which may be reached only by passing through the subdivision.Section 26. Upon acceptance of the donation by the city or municipality concerned. Provided. officers. Other Charges. at any time. stipulation. Section 27. convey by way of donation the roads and open spaces found within the project to the city or municipality wherein the project is located. Section 34. Section 31.
Such standards. Take-over Development. The Authority may deputize the Philippine Constabulary or any law enforcement agency in the execution of its final orders. cooperatives. Section 39. may take over or cause the development and completion of the subdivision or condominium project at the expenses of the owner or developer. after such take-over. Fines shall be payable to the Authority and enforceable through writs of execution in accordance with the provisions of the Rules of Court. in cases where the owner or developer has refused or failed to develop or complete the development of the project as provided for in this Decree. to conduct an ocular inspection of the project to determine whether the development of said project conforms to the standards and specifications prescribed by the government. The Authority may. The Authority. as the case may be. which shall be utilized for the development of the subdivision. Section 35. demand. jointly and severally. Rules and Regulations. Manager or Administrator or the person who has charge of the administration of the business shall be criminally responsible for any violation of this Decree and/or the rules and regulations promulgated pursuant thereto.00) pesos and/or imprisonment of not more than ten years: Provided. The books. letters. Liability of controlling persons. City or Municipal Engineer. rulings or decisions. The Authority shall issue the necessary standards. Administrative Fines. Every person who directly or indirectly controls any person liable under any provision of this Decree or of any rule or regulation issued thereunder shall be liable jointly and severally with and to the same extent as such controlled 241 . partnership. The Authority may prescribe and impose fines not exceeding ten thousand pesos for violations of the provisions of this Decree or of any rule or regulation thereunder. cooperative or other persons associated or connected with the business and to issue subpoena or subpoena duces tecum in relation to any investigation that may arise therefrom.000. Penalties. upon conviction. collect and receive from the buyers the installment payments due on the lots. Deputization of law enforcement agencies. That in the case of corporations. Section 37. Section 40. Section 38. the President. association. partnership. rules and regulations shall take effect immediately after their publication three times a week for two consecutive weeks in any newspaper of general circulation. papers. The Authority may also authorize the Provincial. Section 36. be punished by a fine of not more than twenty thousand (P20. or associations. Any person who shall violate any of the provisions of this Decree and/or any rule or regulation that may be issued pursuant to this Decree shall. rules and regulations for the effective implementation of the provisions of this Decree. and other documents belonging to the person or entities herein mentioned shall be open to inspection by the Authority or its duly authorized representative.members of any corporation.
directly or indirectly. in the year of Our Lord. 242 . A condominium is an interest in real property consisting of separate interest in a unit in a residential. may be held by a corporation specially formed for the purpose (hereinafter known as the "condominium corporation") in which the holders of separate interest shall automatically be members or shareholders. or the appurtenant interests in such areas. As used in this Act. to the exclusion of others. The real right in condominium may be ownership or any other interest in real property recognized by law. Done in the City of Manila. The rights and remedies provided in this Decree shall be in addition to any and all other rights and remedies that may be available under existing laws. 4726 AN ACT TO DEFINE CONDOMINIUM. a separate interest in other portions of such real property. Other remedies. Section 41. This Decree shall take effect upon its approval. Sec. in addition. unless the context otherwise requires: (a) "Condominium" means a condominium as defined in the next preceding section. nineteen hundred and seventy-six. All laws.person unless the controlling person acted in good faith and did not directly or indirectly induce the act or acts constituting the violation or cause of action. Title to the common areas. in proportion to the appurtenant interest of their respective units in the common areas. AND GOVERN ITS INCIDENTS. including one or more rooms or spaces located in one or more floors (or part or parts of floors) in a building or buildings and such accessories as may be appended thereto. A condominium may include. Section 43. on property in the Civil Code and other pertinent laws. 2. executive orders. (b) "Unit" means a part of the condominium project intended for any type of independent use or ownership. Sec. rules and regulations or part thereof inconsistent with the provisions of this Decree are hereby repealed or modified accordingly. REPUBLIC ACT NO. Section 42. industrial or commercial building and an undivided interest in common. Repealing clause. Sec. Effectivity. The short title of this Act shall be "The Condominium Act". including the land. 1. ESTABLISH REQUIREMENTS FOR ITS CREATION. this 12th day of July. 3. in the land on which it is located and in other common areas of the building.
if any. stating the number of stories and basements. the number of units and their accessories. 4. a statement to this effect shall be included. The provisions of this Act shall apply to property divided or to be divided into condominiums only if there shall be recorded in the Register of Deeds of the province or city in which the property lies and duly annotated in the corresponding certificate of title of the land. among others. that they consent to the registration of the deed. Sec. Where title to or the appurtenant interests in the common areas is or is to be held by a condominium corporation. (d) A statement of the exact nature of the interest acquired or to be acquired by the purchaser in the separate units and in the common areas of the condominium project. (c) Description of the common areas and facilities. (b) Description of the building or buildings. including all structures thereon. (d) "Common areas" means the entire project excepting all units separately granted or held or reserved. in sufficient detail to identify each unit. (f) A certificate of the registered owner of the property. an enabling or master deed which shall contain. (e) Statement of the purposes for which the building or buildings and each of the units are intended or restricted as to use. if he is other than those executing the master deed. (h) Any reasonable restriction not contrary to law. the following: (a) Description of the land on which the building or buildings and improvements are or are to be located. (e) "To divide" real property means to divide the ownership thereof or other interest therein by conveying one or more condominiums therein but less than the whole thereof. The enabling or master deed may be amended or revoked upon registration of an instrument executed by the registered owner or owners of the property and consented to by all 243 . unless a survey plan of the same property had previously bee filed in said office. its relative location and approximate dimensions.(c) "Project" means the entire parcel of real property divided or to be divided in condominiums. if the latter had been patented or registered under either the Land Registration or Cadastral Acts. morals or public policy regarding the right of any condominium owner to alienate or dispose of his condominium. (2) A diagrammatic floor plan of the building or buildings in the project. as well as of all registered holders of any lien or encumbrance on the property. (g) The following plans shall be appended to the deed as integral parts thereof: (1) A survey plan of the land included in the project.
stairways. Such easement shall be automatically terminated in any air space upon destruction of the unit as to render it untenantable. the membership or shareholdings in the condominium corporation: Provided. 5. floors. The following are not part of the unit bearing walls. (f) Each condominium owner shall have the exclusive right to mortgage. office or store or other space therein. paper or otherwise refinish and decorate the inner surfaces of the walls. reservoirs. Sec. tile. pumps and other central services and facilities. wherever located.registered holders of any lien or encumbrance on the land or building or portion thereof. the incidents of a condominium grant are as follows: (a) The boundary of the unit granted are the interior surfaces of the perimeter walls. Sec. (b) There shall pass with the unit. wires and other utility installations. in a proper case. provided. foundations and other common structural elements of the building. hallways. 6. lobbies. shall include the transfer or conveyance of the undivided interests in the common areas or. roofs. tanks. That where the common areas in the condominium project are owned by the owners of separate units as co-owners thereof. in equal shares. (d) A non-exclusive easement for ingress. no condominium unit therein shall be conveyed or transferred to persons other than Filipino citizens. floors. one for each unit. repaint. central heating. or corporations at least sixty percent of the capital stock of which belong to Filipino citizens. flues. windows and doors thereof. The term "registered owner" shall include the registered owners of condominiums in the project. except in cases of hereditary succession. (c) Unless otherwise. Any transfer or conveyance of a unit or an apartment. except the outlets thereof when located within the unit. the common areas are held in common by the holders of units. no transfer or conveyance of a unit shall be valid if the concomitant transfer of the appurtenant membership or stockholding in the corporation will cause the alien interest in such corporation to exceed the limits imposed by existing laws. the provisions of this Act shall continue to apply to such property. central refrigeration and central air-conditioning equipment. windows and doors bounding his own unit. ceilings. conduits. Unless otherwise expressly provided in the enabling or master deed or the declaration of restrictions. wax. and other areas of common use. pledge or encumber his condominium and to have the same appraised independently of the other condominiums but any obligation incurred by such condominium owner is personal to him. ceilings. (e) Each condominium owner shall have the exclusive right to paint. ducts. pipes. an exclusive easement for the use of the air space encompassed by the boundaries of the unit as it exists at any particular time and as the unit may lawfully be altered or reconstructed from time to time. 244 . elevator equipment and shafts. egress and support through the common areas is appurtenant to each unit and the common areas are subject to such easements. as an appurtenance thereof. Until registration of a revocation. floors. chutes. however. Where the common areas in a condominium project are held by a corporation. columns.
7. The owner of a project shall. and there shall be no judicial partition thereof. It shall 245 . or (e) That the conditions for such partition by sale set forth in the declaration of restrictions. or (b) That damage or destruction to the project has rendered one-half or more of the units therein untenantable and that condominium owners holding in aggregate more than thirty percent interest in the common areas are opposed to repair or restoration of the project. or (c) That the project has been in existence in excess of fifty years. or a management agent elected by the owners or by the board named in the declaration. Sec. The Register of Deeds shall enter and annotate the declaration of restrictions upon the certificate of title covering the land included within the project. and shall insure to and bind all condominium owners in the project. and that condominium owners holding in aggregate more than fifty percent interest in the common areas are opposed to repair or restoration or remodeling or modernizing of the project. an action may be brought by one or more such persons for partition thereof by sale of the entire project. Sec. Sec.(g) Each condominium owner has also the absolute right to sell or dispose of his condominium unless the master deed contains a requirement that the property be first offered to the condominium owners within a reasonable period of time before the same is offered to outside parties. have been met. if the land is patented or registered under the Land Registration or Cadastral Acts. or (d) That the project or a material part thereof has been condemned or expropriated and that the project is no longer viable. unless otherwise provided. 8. the project has not been rebuilt or repaired substantially to its state prior to its damage or destruction. That a partition shall be made only upon a showing: (a) That three years after damage or destruction to the project which renders material part thereof unit for its use prior thereto. however. 9. which restrictions shall constitute a lien upon each condominium in the project. register a declaration of restrictions relating to such project. that it is obsolete and uneconomic. The declaration of restrictions shall provide for the management of the project by anyone of the following management bodies: a condominium corporation. the common areas shall remain undivided. a board of governors elected by condominium owners. Such liens. or that the condominium owners holding in aggregate more than seventy percent interest in the common areas are opposed to continuation of the condominium regime after expropriation or condemnation of a material portion thereof. an association of the condominium owners. Except as provided in the following section. as if the owners of all of the condominiums in such project were co-owners of the entire project in the same proportion as their interests in the common areas:Provided. duly registered in accordance with the terms of this Act. Where several persons own condominiums in a condominium project. may be enforced by any condominium owner in the project or by the management body of such project. prior to the conveyance of any condominium therein.
(4) For purchase of materials. accounting and other professional and technical services. workmen's compensation and other insurable risks. 246 . (7) The manner for delegation of its powers. gardening and other services benefiting the common areas. supplies and the like needed by the common areas. Such declaration of restrictions. which said power shall be binding upon all of the condominium owners regardless of whether they assume the obligations of the restrictions or not. and for discharge of any lien or encumbrance levied against the entire project or the common areas. (b) The manner and procedure for amending such restrictions: Provided. insuring condominium owners against loss by fire. and for bonding of the members of any management body. (1) For the powers thereof. casualty. may also provide: (a) As to any such management body. (c) For independent audit of the accounts of the management body. (5) For payment of taxes and special assessments which would be a lien upon the entire project or common areas. each condominium unit to be assessed separately for its share of such expenses in proportion (unless otherwise provided) to its owners fractional interest in any common areas. (e) For the subordination of the liens securing such assessments to other liens either generally or specifically described. among other things. and legal. That the vote of not less than a majority in interest of the owners is obtained. (d) For reasonable assessments to meet authorized expenditures. (8) For entry by its officers and agents into any unit when necessary in connection with the maintenance or construction for which such body is responsible. including power to enforce the provisions of the declarations of restrictions. for the employment of personnel necessary for the operation of the building. notices. (3) Provisions for maintenance. (6) For reconstruction of any portion or portions of any damage to or destruction of the project. (9) For a power of attorney to the management body to sell the entire project for the benefit of all of the owners thereof when partition of the project may be authorized under Section 8 of this Act. (2) For maintenance of insurance policies. utility.also provide for voting majorities quorums. and other rules governing such body or bodies. liability. meeting date.
he shall automatically cease to be a member or stockholder of the condominium corporation. The corporate purposes of such a corporation shall be limited to the holding of the common areas. either in ownership or any other interest in real property recognized by law. the project has not been rebuilt or repaired substantially to its state prior to its damage or destruction. Such right to partition or dissolution may be conditioned upon failure of the condominium owners to rebuild within a certain period or upon specified inadequacy of insurance proceeds. regardless of whether it is a stock or non-stock corporation. or upon specified percentage of damage to the building. 13. In case of involuntary dissolution of a condominium corporation for any of the causes provided by law. or upon any other reasonable condition. and to such other purposes as may be necessary. shall not be transferable separately from the condominium unit of which it is an appurtenance. or undivided interest in.(f) For conditions. the corporation shall not be voluntarily dissolved through an action for dissolution under Rule 104 of the Rules of Court except upon a showing: (a) That three years after damage or destruction to the project in which the corporation owns or holds the common areas. be transferred pro-indiviso and in proportion to their interest in the corporation to the members or stockholders thereof. or 247 . Sec. The articles of incorporation or by-laws of the corporation shall not contain any provision contrary to or inconsistent with the provisions of this Act. other than those provided for in Sections eight and thirteen of this Act. which damage or destruction renders a material part thereof unfit for its use prior thereto. by way of liquidation. Until the enabling or the master deed of the project in which the condominium corporation owns or holds the common area is revoked. to the management of the project. When a member or stockholder ceases to own a unit in the project in which the condominium corporation owns or holds the common areas. the common areas owned or held by the corporation shall. Membership in a condominium corporation. Sec. Sec. Sec. upon which partition of the project and dissolution of the condominium corporation may be made. the common areas in condominium projects shall fully apply. the enabling or master deed. or (b) That damage or destruction to the project has rendered one-half or more of the units therein untenantable and that more than thirty percent of the members of the corporation. 10. 11. are opposed to the repair or reconstruction of the project. or the shareholders representing more than thirty percent of the capital stock entitled to vote. the provisions of this Act governing undivided co-ownership of. if non-stock. the provisions of the Corporation Law to the contrary notwithstanding. such corporation shall constitute the management body of the project. if a stock corporation. or upon a decision of an arbitrator. Such transfer or conveyance shall be deemed to be a full liquidation of the interest of such members or stockholders in the corporation. After such transfer or conveyance. 12. The term of a condominium corporation shall be co-terminus with the duration of the condominium project. Whenever the common areas in a condominium project are held by a condominium corporation. or the declaration of restrictions of the project. subject to the superior rights of the corporation creditors. incidental or convenient to the accomplishment of said purposes.
Unless otherwise provided for in the declaration of restrictions upon voluntary dissolution of a condominium corporation in accordance with the provisions of Sections thirteen and fourteen of this Act. Sec. Sec. are opposed to the repair or restoration or remodeling or modernizing of the project. Sec. The condominium corporation may also be dissolved by the affirmative vote of all the stockholders or members thereof at a general or special meeting duly called for the purpose: Provided. enter and annotate the conveyance on the certificate of title covering the land included within the project and the transferee shall be 248 . the procedure set forth in the appropriate provision of the Corporation Law for valuation of shares shall be followed. 14. sell. upon payment of the proper fees. and that more than fifty percent of the members of the corporation. 16. A condominium corporation shall not. lease or otherwise dispose of the common areas owned or held by it in the condominium project unless authorized by the affirmative vote of all the stockholders or members. are opposed to the continuation of the condominium regime after expropriation or condemnation of a material portion thereof. That all the requirements of Section sixty-two of the Corporation Law are complied with. have been met. that it is obsolete and uneconomical. Any provision of the Corporation Law to the contrary notwithstanding. exchange. or the stockholders representing more than seventy percent of the capital stock entitled to vote. 17. Upon registration of an instrument conveying a condominium. if a stock corporation. during its existence. the by-laws of a condominium corporation shall provide that a stockholder or member shall not be entitled to demand payment of his shares or interest in those cases where such right is granted under the Corporation Law unless he consents to sell his separate interest in the project to the corporation or to any purchaser of the corporation's choice who shall also buy from the corporation the dissenting member or stockholder's interest. or (d) That the project or a material part thereof has been condemned or expropriated and that the project is no longer viable. 18. the corporation shall be deemed to hold a power of attorney from all the members or stockholders to sell and dispose of their separate interests in the project and liquidation of the corporation shall be effected by a sale of the entire project as if the corporation owned the whole thereof. 15. if non-stock. subject to the rights of the corporate and of individual condominium creditors. Sec.(c) That the project has been in existence in excess of fifty years. if a stock corporation. or (e) That the conditions for such a dissolution set forth in the declaration of restrictions of the project in which the corporation owns of holds the common areas. All expenses incurred in the liquidation of the interest of the dissenting member or stockholder shall be borne by him. or that the members holding in aggregate more than seventy percent interest in the corporation. or the stockholders representing more than fifty percent of the capital stock entitled to vote. the Register of Deeds shall. In case of disagreement as to price. if nonstock. Sec. The corporation shall have two years within which to pay for the shares or furnish a purchaser of its choice from the time of award.
249 . a brief description of the condominium conveyed. Such notice shall be signed by an authorized representative of the management body or as otherwise provided in the declaration of restrictions. unit against which same has been assessed. the Register of Deeds may. and return a copy of the deed of conveyance to the condominium owner duly acknowledge and stamped by the Register of Deeds in the same manner as in the case of registration of conveyances of real property under said laws. Said "condominium owner's" copy need not reproduce the ownership status or series of transactions in force or annotated with respect to other condominiums in the project. In cases of condominium projects registered under the provisions of the Spanish Mortgage Law or Act 3344. the management body shall have power to bid at foreclosure sale. Where the enabling or master deed provides that the land included within a condominium project are to be owned in common by the condominium owners therein. Unless otherwise provided for in the declaration of restrictions. Such lien shall be superior to all other liens registered subsequent to the registration of said notice of assessment except real property tax liens and except that the declaration of restrictions may provide for the subordination thereof to any other liens and encumbrances. Upon payment of said assessment and charges or other satisfaction thereof. and the name of the registered owner thereof. together with the certificate of the management body of the project. as amended. 20. at the request of all the condominium owners and upon surrender of all their "condominium owner's" copies. shall be and become a lien upon the condominium assessed when the management body causes a notice of assessment to be registered with the Register of Deeds of the city or province where such condominium project is located. a description of the condominium. as such may be provided for in the declaration of restrictions. The amount of any such assessment plus any other charges thereon. the registration of the deed of conveyance of a condominium shall be sufficient if the Register of Deeds shall keep the original or signed copy thereof. 19. An assessment upon any condominium made in accordance with a duly registered declaration of restrictions shall be an obligation of the owner thereof at the time the assessment is made. cancel the certificates of title of the property and issue a new one in the name of said condominium owners as pro-indiviso co-owners thereof. name and personal circumstances of the condominium owner would be sufficient for purposes of the "condominium owner's" copy of the certificate of title. The notice shall state the amount of such assessment and such other charges thereon a may be authorized by the declaration of restrictions. the management body shall cause to be registered a release of the lien.entitled to the issuance of a "condominium owner's" copy of the pertinent portion of such certificate of title. such as interest. A copy of the description of the land. Sec. costs (including attorney's fees) and penalties. shall be registered unless accompanied by a certificate of the management body of the project that such conveyance is in accordance with the provisions of the declaration of restrictions of such project. Sec. The condominium owner shall have the same right of redemption as in cases of judicial or extra-judicial foreclosure of mortgages. subsequent to the original conveyance thereof from the owner of the project. No conveyance of condominiums or part thereof. Such liens may be enforced in the same manner provided for by law for the judicial or extrajudicial foreclosure of mortgages of real property.
the Court may decree a reorganization of the project. unless such other owners have expressly consented to or requested the performance of such labor or furnishing of such materials or services. 25. Any deed. shall be the basis of a lien against the condominium of any other condominium owner. Labor performed or services or materials furnished for the common areas. This Act shall take effect upon its approval. the Register of Deeds shall enter and annotate the same on the pertinent certificate of title. declaration or plan for a condominium project shall be liberally construed to facilitate the operation of the project. 23. Sec. and the respective rights of said remaining owners and the just compensation. declaring which portion or portions of the project shall continue as a condominium project. and its provisions shall be presumed to be independent and severable. each condominium separately owned shall be separately assessed. in an action for partition of a condominium project or for the dissolution of condominium corporation on the ground that the project or a material part thereof has been condemned or expropriated. 26. 24. if any. Approved: June 18. Sec. Sec. may acquire and hold. that a condominium owner may be entitled to due to deprivation of his property. 22. Upon receipt of a copy of the decree. shall be deemed to be performed or furnished with the express consent of each condominium owner. The owner of any condominium may remove his condominium from a lien against two or more condominiums or any part thereof by payment to the holder of the lien of the fraction of the total sum secured by such lien which is attributable to his condominium unit. the Court finds that the conditions provided for in this Act or in the declaration of restrictions have not been met. Such express consent shall be deemed to have been given by the owner of any condominium in the case of emergency repairs of his condominium unit. Where. the management body. A transfer of a condominium shall transfer to the transferee ownership of the transferor's beneficial interest in such personal property. if duly authorized by the management body provided for in a declaration of restrictions governing the property. Sec. and the beneficial interest in such personal property shall be owned by the condominium owners in the same proportion as their respective interests in the common areas. 27. Sec. provided for herein. for the benefit of the condominium owners. 21. Whenever real property has been divided into condominiums. for purposes of real property taxation and other tax purposes to the owners thereof and the tax on each such condominium shall constitute a lien solely thereon. tangible and intangible personal property and may dispose of the same by sale or otherwise. 1966 250 . No labor performed or services or materials furnished with the consent of or at the request of a condominium owner or his agent or his contractor or subcontractor. All Acts or parts of Acts in conflict or inconsistent with this Act are hereby amended insofar as condominium and its incidents are concerned. the owners thereof.Sec. Unless otherwise provided for by the declaration of restrictions. Sec.
his successors in interest or any judicial creditor or judgment creditor of said debtor. of the Code of Civil Procedure. 4118 251 . or a notary public of said municipality. The sale shall be made at public auction. the provisions of the following election shall govern as to the manner in which the sale and redemption shall be effected. or other persons authorized to act for the creditor. inclusive. in addition to his expenses. and such redemption shall be governed by the provisions of sections four hundred and sixty-four to four hundred and sixty-six. SECTION 2. may participate in the bidding and purchase under the same conditions as any other bidder. SECTION 3. or any person having a lien on the property subsequent to the mortgage or deed of trust under which the property is sold. unless the contrary has been expressly provided in the mortgage or trust deedunder which the sale is made. the justice or auxiliary justice of the peace of the municipality in which such sale has to be made. SECTION 4. furnishing bond in an 1092 as amended by R.A. Notice shall be given by posting notices of the sale for not less than twenty days in at least three public places of the municipality or city where the property is situated. When a sale is made under a special power inserted in or attached to any realestate mortgage hereafter made as security for the payment of money or the fulfillment of any other obligation. SECTION 5. may redeem the same at any time within the term of one year from and after the date of the sale. trustee. such notice shall also be published once a week for at least three consecutive weeks in a newspaper of general circulation in the municipality or city. and if such property is worth more than four hundred pesos. to give him possession thereof during the redemption period.ACT NO. At any sale. the debtor. the creditor. In all cases in which an extrajudicial sale is made under the special power herein before referred to. who shall be entitled to collect a fee of five pesos each day of actual work performed. 31351092 AN ACT TO REGULATE THE SALE OF PROPERTY UNDER SPECIAL POWERS INSERTED IN OR ANNEXED TO REAL-ESTATE MORTGAGES SECTION 1. In any sale made under the provisions of this Act. between the hours or nine in the morning and four in the afternoon. the purchaser may petition the Court of First Instance of the province or place where the property or any part thereof is situated. in so far as these are not inconsistent with the provisions of this Act. and shall be under the direction of the sheriff of the province. such sale shall be made in said place or in the municipal building of the municipality in which the property or part thereof is situated. and in case the place within said province in which the sale is to be made is subject to stipulation.‖ SECTION 7. whether or not provision for the same is made in the power. SECTION 6. Said sale cannot be made legally outside of the province in which the property sold is situated.
Approved: March 6. addressed to the sheriff of the province in which the property is situated. When the property is redeemed after the purchaser has been given possession. Section 8. the redeemer shall be entitled to deduct from the price of redemption any rentals that said purchaser may have collected in case the property or any part thereof was rented. order that a writ of possession issue. and in each case the clerk of the court shall.amount equivalent to the use of the property for a period of twelve months. it being town property. it shall dispose in his favor of all or part of the bond furnished by the person who obtained possession. or used it gainfully. the redeemer may deduct from the price the interest of one per centum per month provided for in section four hundred and sixty-five of the Code of Civil Procedure. 1924 _______________________________________________________________________ 252 . This Act shall take effect on its approval. it being rural property. SECTION 10. and the court shall. who shall execute said order immediately. Section 9. upon the filing of such petition. or of any other real property encumbered with a mortgage duly registered in the office of any register of deeds in accordance with any existing law. The debtor may. or in special proceedings in the case of property registered under the Mortgage Law or under section one hundred and ninety-four of the Administrative Code. in the proceedings in which possession was requested. and the court shall take cognizance of this petition in accordance with the summary procedure provided for in section one hundred and twelve of Act Numbered Four hundred and ninety-six. but the order of possession shall continue in effect during the pendency of the appeal. Either of the parties may appeal from the order of the judge in accordance with section fourteen of Act Numbered Four hundred and ninety-six. petition that the sale be set aside and the writ of possession cancelled. to indemnify the debtor in case it be shown that the sale was made without violating the mortgage or without complying with the requirements of this Act. collect the fees specified in paragraph eleven of section one hundred and fourteen of Act Numbered Four hundred and ninety-six. upon approval of the bond. as amended by Act Numbered Twenty-eight hundred and sixty-six. specifying the damages suffered by him. but not later than thirty days after the purchaser was given possession. because the mortgage was not violated or the sale was not made in accordance with the provisions hereof. and if it finds the complaint of the debtor justified. if the purchaser occupied the property as his own dwelling. Such petition shall be made under oath and filed in form of an ex parte motion in the registration or cadastral proceedings if the property is registered.
Chattel mortgage defined. Sec. a resident of the municipality of ___________. his executors or administrators. a resident of the municipality of ______________. mortgagee. shall make and subscribe an affidavit in substance as hereinafter set forth. If the condition is performed according to its terms the mortgage and sale immediately become void. and each mortgagor and mortgagee. in the presence of two witnesses. Philippine Islands. to ____________. to wit: 253 . his agent or attorney. who shall sign the mortgage as witnesses to the execution thereof. "This mortgage made this ____ day of ______19____ by _______________. Sec. — A chattel mortgage shall be deemed to be sufficient when made substantially in accordance with the following form. FORM OF CHATTEL MORTGAGE AND AFFIDAVIT. the condition being that the sale shall be void upon the seller paying to the purchaser a sum of money or doing some other act named. or. and the mortgagee is thereby divested of his title. witnesseth: "That the said mortgagor hereby conveys and mortgages to the said mortgagee all of the following-described personal property situated in the municipality of ______________. and for the purposes of this Act the city of Manila shall be deemed to be a province. The short title of this Act shall be "The Chattel Mortgage Law. signed by the parties to the mortgage as above stated. Philippine Islands mortgagor. shall be appended to such mortgage and recorded therewith. Province of ______________. 5. agreeably to the provisions of this Act. or. That if the property is situated in a different province from that in which the mortgagor resides. unless the possession of the property is delivered to and retained by the mortgagee or unless the mortgage is recorded in the office of the register of deeds of the province in which the mortgagor resides at the time of making the same. 3. in the absence of the mortgagee. and shall be signed by the person or persons executing the same. Province of ____________ and now in the possession of said mortgagor. in the province in which the property is situated: Provided. or the performance of some other obligation specified therein. — A chattel mortgage is a conditional sale of personal property as security for the payment of a debt. — A chattel mortgage shall not be valid against any person except the mortgagor. if he resides without the Philippine Islands. 4. All personal property shall be subject to mortgage. however." Sec. Sec. Validity. 2. Province of ____________. Form. and the certificate of the oath signed by the authority administering the same. 1508 – AN ACT PROVIDING FOR THE MORTGAGING OF PERSONAL PROPERTY AND FOR THE REGISTRATION OF THE MORTGAGES SO EXECUTED Section 1. and a mortgage executed in pursuance thereof shall be termed chattel mortgage.ACT NO. which affidavit. the mortgage shall be recorded in the office of the register of deeds of both the province in which the mortgagor resides and that in which the property is situated.
describe correctly but concisely the obligation to be performed. "We severally swear that the foregoing mortgage is made for the purpose of securing the obligation specified in the conditions thereof.(Here insert specific description of the property mortgaged. mortgagee. "_____________________________" (Notary public. Corporations. in the Province of _________. and one not entered into for the purpose of fraud. justice of the peace. executors. treasurer. 254 . according to the terms of __________. — When a corporation is a party to such mortgage the affidavit required may be made and subscribed by a director. and in the words and figures following (here insert copy of the note or notes secured). the parties who signed the foregoing affidavit and made oath to the truth thereof before me. "Executed at the municipality of _________. "(If the mortgage is given for the performance of some other obligation aside from the payment of promissory notes. as the case may be) interest thereon at the rate of ___________ per centum per annum. his heirs. and that the same is a just and valid obligation. certain promissory notes. and for no other purpose. or administrators shall well and truly perform the full obligation (or obligations) above stated according to the terms thereof. as the case may be." FORM OF CERTIFICATE OF OATH. cashier. 6. personally appeared ____________. this _____ day of 19_____ ____________________ (Signature of mortgagor. of promissory notes for the sum of ____________ pesos. in the Province of ________. or by a person authorized on the part of such corporation to make or to receive such mortgage.) "This mortgage is given as security for the payment to the said ______. then this obligation shall be null and void. When a partnership is a party to the mortgage the affidavit may be made and subscribed by one member thereof.) FORM OF OATH.) "The conditions of this obligation are such that if the mortgagor.) Sec. with (or without. dated _________. trustee. or manager thereof. "At ___________. 1 or other officer.) "In the presence of "_________________ "_________________ (Two witnesses sign here.
Sec. take all the necessary measures for the protection of said crop. the description of said property in the mortgage shall contain the brands. knots of radiated hair commonly known as remolinos. and other marks of ownership as described and set forth in the certificate of ownership of said animal or animals. and retain possession thereof and sell the same. or cowlicks. administrator. the person entitled to redeem may recover of the person whose duty it is to discharge the same twenty pesos for his neglect and all damages occasioned thereby in an action in any court having jurisdiction of the subject-matter thereof. Disposition of proceeds. after reasonable inquiry and investigation. to identify the same. if any shall be paid to the mortgagor or those entitled to the same. together with the number and place of issue of such certificates of ownership. or after tender of the performance of the condition. and that in default of the performance of such duties the mortgage may enter upon the premises. If growing crops be mortgaged the mortgage may contain an agreement stipulating that the mortgagor binds himself properly to tend. assign. Sec. or either of them. or assign. his executor." as defined by section one of Act Numbered Eleven and forty-seven. after thirty days from the time 1093 repealed 255 . 14. at or after the time fixed for the performance. Sale of property at public auction. Sec. care for and protect the crop while growing. — If the mortgagee. may. 13. and the surplus thereof. and faithfully and without delay to harvest the same.1093 Sec. Sec. or any other person. — The description of the mortgaged property shall be such as to enable the parties to the mortgage. 7. When the condition of a chattel mortgage is broken. executor. A chattel mortgage shall be deemed to cover only the property described therein and not like or substituted property thereafter acquired by the mortgagor and placed in the same depository as the property originally mortgaged. or a subsequent attaching creditor may redeem the same by paying or delivering to the mortgagee the amount due on such mortgage and the reasonable costs and expenses incurred by such breach of condition before the sale thereof. 2 and the amendments thereof. 9-12. class. 8. administrator. after performance of the condition before or after the breach thereof. Officer's return. a mortgagor or person holding a subsequent mortgage. discharge the mortgage in the manner provided by law. An attaching creditor who so redeems shall be subrogated to the rights of the mortgagee and entitled to foreclose the mortgage in the same manner that the mortgagee could foreclose it by the terms of this Act. — The mortgagee. and from the proceeds of such sale pay all expenses incurred in caring for. harvesting. does not within ten days after being requested thereto by any person entitled to redeem. sex. If the property mortgaged be large cattle. anything in the mortgage to the contrary notwithstanding. Failure of mortgagee to discharge the mortgage. Descriptions of property. Fees. and selling the crop and the amount of the indebtedness or obligation secured by the mortgage. age.
— Every register of deeds shall keep a primary entry book and a registration book for the chattel mortgages. "SECTION 198. "The register of deeds shall also certify the officer's return of sale upon any mortgage. shall be paid to the mortgagor or person holding under him on demand. and shall record in such books any chattel mortgage. the original to be filed and the duplicate to be returned to the person concerned. and the residue shall be paid to persons holding subsequent mortgages in their order. "The recording of a mortgage shall be effected by making an entry. place. and the fees of the register of deeds for registering the officer's return shall be taxed as a part of the costs of sale. and then to the payment of the demand or obligation secured by such mortgage. within thirty days thereafter. and all such instruments shall be presented to him in duplicate. assignment. to be sold at public auction by a public officer at a public place in the municipality where the mortgagor resides. and the mortgagee. The officer making the sale shall. cause the mortgaged property.of condition broken. 15. shall certify on each mortgage filed for record. administrator. The recording of other instruments relating to a recorded mortgage shall be effected by way of annotations on the space provided therefor in the registration book. making reference upon the record of such officer's return to the volume and page of the record of the mortgage. Registration of chattel mortgages and fees collectible in connection therewith. name of the notary before whom it was sworn to or acknowledged. or assign. first. and shall operate as a discharge of the lien thereon created by the mortgage. giving the proper file number thereof. approved June 18. The proceeds of such sale shall be applied to the payment. or where the property is situated. as well as on its duplicate. The return shall particularly describe the articles sold. which the officer shall pay to the register of deeds. after paying the mortgages. If the sale includes any "large cattle. his executor. the date. is mentioned in detail in the instrument filed. 1960. of the costs and expenses of keeping and sale. and a note that the property mortgaged. as well as the terms and conditions of the mortgage. and any other instruments relating to a recorded mortgage. shall notify the mortgagor or person holding under him and the persons holding subsequent mortgages of the time and place of sale. make in writing a return of his doings and file the same in the office of the register of deeds where the mortgage is recorded. Sec." a certificate of transfer as required by section sixteen of Act Numbered Eleven hundred and forty-seven 5 shall be issued by the treasurer of the municipality where the sale was held to the purchaser thereof. hour. either by notice in writing directed to him or left at his abode. 4 and the amendments thereto. and the register of deeds shall record the same. at least ten days previous to the sale. setting forth the names of the mortgagee.1094 1094 superseded by section 198 of the Administrative Code. or discharge thereof. after the same shall have been entered in the primary entry book. and purpose of such sale has been posted at two or more public places in such municipality. or sent by mail if he does not reside in such municipality. if within the municipality. The following is the present text of section 198 as amended by RA 2711. and the balance. The fees of the officer for selling the property shall be the same as in the case of sale on execution as provided in Act Numbered One hundred and ninety. provided at least ten days' notice of the time. or any part thereof. and give a certified copy thereof. and minute when the same was by him received. which shall be given a correlative number. and a reference of such return on the record of the mortgage itself. and the mortgagor. date of the instrument. when 256 . and state the amount received for each article. the sum or obligation guaranteed.
three pesos and fifty centavos for the first five hundred pesos or fractional part thereof. for which no specific fee is provided above. however. When the amount of the mortgage is more than one hundred thousand pesos but does not exceed five hundred thousand pesos. and ten pesos for each additional ten thousand pesos or fractional part thereof. That if the mortgage is to be registered in more than one city or province. "(i) For recording each instrument or order relating to a recorded mortgage. twenty-four pesos for the initial amount not exceeding eight thousand pesos. "4. or trustee. "(f) For recording each release of attachment. the date. "5. the fees established in the preceding schedule shall be collected on the basis of ten per centum of the amount of the mortgage or unpaid balance thereof: Provided. "The register of deeds shall collect the following fees for services rendered by him under this section: "(a) For entry or presentation of any document in the primary entry book. appointment of judicial guardian. and upon any other instrument relating to such a recorded mortgage. That registration of the mortgage in the province where the property is situated shall be sufficient registration: And provided. conveyance. "Duly certified copies of such records and of filed instruments shall be receivable as evidence in any court. four pesos. or transfer of the property which is subject of a recorded mortgage. including the necessary index and references. When the amount of the mortgage is more than thirty thousand pesos but does not exceed one hundred thousand pesos. and minute when the same is received for record and record such certificate with the return itself and keep an alphabetical index of mortgagors and mortgagees. "(h) For recording a power of attorney. "(b) For filing and recording each chattel mortgage. three pesos. or any other instrument in which a person is given power to act in behalf of another in connection with a mortgage. upon payment of the lawful fees for such copy. and seven pesos for each additional five thousand pesos or fractional part thereof. including the proper annotations. administrator. including the necessary index and references. the register of deeds of the city or province where the instrument is first presented for registration shall collect the full amount of the fees due in accordance with the schedule prescribed above. "(c) For recording each instrument of sale. "3. further. the fees established in the following schedule shall be collected: "1. the fees established in the schedule under paragraph (b) above shall be collected on the basis of five per centum of the amount of the mortgage. When the amount of the mortgage is more than five hundred thousand pesos. seventy-five pesos for the initial amount not exceeding thirty-five thousand pesos. When the amount of the mortgage is more than six thousand pesos but does not exceed thirty thousand pesos. but in no case shall the fees payable in any registry be less than the minimum fixed in said schedule. including the necessary index and annotations. and the register of deeds of the other city or province where the same instrument is also to be registered shall collect only a sum equivalent to twenty per centum of the amount of fees due and paid in the first city or province. "(d) For recording each notice of attachment. two pesos. and certify upon each mortgage officer's return of sale or discharge of mortgage. both on the original and on the duplicate. five hundred eightyone pesos for the initial amount not exceeding five hundred twenty thousand pesos. "2. and fifteen pesos for each additional twenty thousand pesos or fractional part thereof: Provided. When the amount of the mortgage does not exceed six thousand pesos. and one peso and fifty centavos for each additional five hundred pesos or fractional part thereof. "(g) For recording each sheriff's return of sale. Supporting papers presented together with the principal document need not be charged any entry or presentation fee unless the party in interest desires that they be likewise entered. including the index and references. That the latter is stated in the instrument. one hundred and seventy-six pesos for the initial amount not exceeding one hundred ten thousand pesos. one peso. which record and index shall be open to public inspection.requested. hour. "(e) For recording each release of mortgage. including the necessary certificates and affidavits. or of the assignment of mortgage credit. two pesos. 257 . three pesos. and four pesos for each additional two thousand pesos or fractional part thereof.
or showing the existence or non-existence of. in excess of the first two hundred words." 258 . such fees as are allowed by law for copies kept by the register of deeds. or a document on file. "(j) For certified copies of records. for each such certificate containing not more than two hundred words. if it exceeds that number.Sec. three pesos. an entry in the registration book. an additional fee of fifty centavos shall be collected for every one hundred words or fractional part thereof. 16. "(k) For issuing a certificate relative to. nineteen hundred and six. This Act shall take effect on August first.
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