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Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. This Code shall take effect one year after such publication. (1a) Art. 3. Ignorance of the law excuses no one from compliance therewith. (2) Art. 4. Laws shall have no retroactive effect, unless the contrary is provided. (3) Art. 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity. (4a) Art. 6. 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. (4a) Art. 8. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. (n) Art. 9. No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws. (6) Art. 10. In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail. (n) Art. 13. 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. In computing a period, the first day shall be excluded, and the last day included. (7a) Art. 14. Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippine territory, subject to the principles of public international law and to treaty stipulations. (8a) Art. 15. 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. (9a) Art. 16. Real property as well as personal property is subject to the law of the country where it is stipulated. 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. (10a)
Art. 17. 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. Human Relation Art. 19. 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. Art. 20. Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same. Art. 21. Any person who willfully 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. Art. 22. 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. Art. 23. Even when an act or event causing damage to another's property was not due to the fault or negligence of the defendant, the latter shall be liable for indemnity if through the act or event he was benefited. Art. 24. In all contractual, property or other relations, when one of the parties is at a disadvantage on account of his moral dependence, ignorance, indigence, mental weakness, tender age or other handicap, the courts must be vigilant for his protection. Art. 25. Thoughtless extravagance in expenses for pleasure or display during a period of acute public want or emergency may be stopped by order of the courts at the instance of any government or private charitable institution. Art. 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief: (1) Prying into the privacy of another's residence: (2) Meddling with or disturbing the private life or family relations of another; (3) Intriguing to cause another to be alienated from his friends; (4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition. Art. 27. Any person suffering material or moral loss because a public servant or employee refuses or neglects, without just cause, to perform his official duty may file an action for damages and other relief against he latter, without prejudice to any disciplinary administrative action that may be taken. Art. 28. Unfair competition in agricultural, commercial or industrial enterprises or in labor through the use of force, intimidation, deceit, machination or any other unjust, oppressive or highhanded method shall give rise to a right of action by the person who thereby suffers damage.
Art. 29. When the accused in a criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted. Such action requires only a preponderance of evidence. Upon motion of the defendant, the court may require the plaintiff to file a bond to answer for damages in case the complaint should be found to be malicious. If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court shall so declare. In the absence of any declaration to that effect, it may be inferred from the text of the decision whether or not the acquittal is due to that ground. Art. 30. When a separate civil action is brought to demand civil liability arising from a criminal offense, and no criminal proceedings are instituted during the pendency of the civil case, a preponderance of evidence shall likewise be sufficient to prove the act complained of. Art. 31. When the civil action is based on an obligation not arising from the act or omission complained of as a felony, such civil action may proceed independently of the criminal proceedings and regardless of the result of the latter. Art. 32. Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages: (1) Freedom of religion; (2) Freedom of speech; (3) Freedom to write for the press or to maintain a periodical publication; (4) Freedom from arbitrary or illegal detention; (5) Freedom of suffrage; (6) The right against deprivation of property without due process of law; (7) The right to a just compensation when private property is taken for public use; (8) The right to the equal protection of the laws; (9) The right to be secure in one's person, house, papers, and effects against unreasonable searches and seizures; (10) The liberty of abode and of changing the same; (11) The privacy of communication and correspondence; (12) The right to become a member of associations or societies for purposes not contrary to law; (13) The right to take part in a peaceable assembly to petition the government for redress of grievances; (14) The right to be free from involuntary servitude in any form; (15) The right of the accused against excessive bail;
(16) The right of the accused to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witness in his behalf; (17) Freedom from being compelled to be a witness against one's self, or from being forced to confess guilt, or from being induced by a promise of immunity or reward to make such confession, except when the person confessing becomes a State witness; (18) Freedom from excessive fines, or cruel and unusual punishment, unless the same is imposed or inflicted in accordance with a statute which has not been judicially declared unconstitutional; and (19) Freedom of access to the courts. In any of the cases referred to in this article, whether or not the defendant's act or omission constitutes a criminal offense, the aggrieved party has a right to commence an entirely separate and distinct civil action for damages, and for other relief. Such civil action shall proceed independently of any criminal prosecution (if the latter be instituted), and mat be proved by a preponderance of evidence. The indemnity shall include moral damages. Exemplary damages may also be adjudicated. The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes a violation of the Penal Code or other penal statute. Art. 33. In cases of defamation, fraud, and physical injuries a civil action for damages, entirely separate and distinct from the criminal action, may be brought by the injured party. Such civil action shall proceed independently of the criminal prosecution, and shall require only a preponderance of evidence. Art. 34. When a member of a city or municipal police force refuses or fails to render aid or protection to any person in case of danger to life or property, such peace officer shall be primarily liable for damages, and the city or municipality shall be subsidiarily responsible therefor. The civil action herein recognized shall be independent of any criminal proceedings, and a preponderance of evidence shall suffice to support such action. Art. 35. When a person, claiming to be injured by a criminal offense, charges another with the same, for which no independent civil action is granted in this Code or any special law, but the justice of the peace finds no reasonable grounds to believe that a crime has been committed, or the prosecuting attorney refuses or fails to institute criminal proceedings, the complaint may bring a civil action for damages against the alleged offender. Such civil action may be supported by a preponderance of evidence. Upon the defendant's motion, the court may require the plaintiff to file a bond to indemnify the defendant in case the complaint should be found to be malicious. If during the pendency of the civil action, an information should be presented by the prosecuting attorney, the civil action shall be suspended until the termination of the criminal proceedings. Art. 36. Pre-judicial questions which must be decided before any criminal prosecution may be instituted or may proceed, shall be governed by rules of court which the Supreme Court shall
promulgate and which shall not be in conflict with the provisions of this Code. Birth Art. 37. 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. (n) Art. 38. Minority, insanity or imbecility, the state of being a deafmute, 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. (32a) Natural Person Art. 40. 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. (29a) Art. 41. For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered from the mother's womb. However, if the fetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb. (30a) Art. 42. Civil personality is extinguished by death. The effect of death upon the rights and obligations of the deceased is determined by law, by contract and by will. (32a) Art. 43. If there is a doubt, as between two or more persons who are called to succeed each other, as to which of them died first, whoever alleges the death of one prior to the other, shall prove the same; in the absence of proof, it is presumed that they died at the same time and there shall be no transmission of rights from one to the other. (33) Juridical Person Art. 46. Juridical persons may acquire and possess property of all kinds, as well as incur obligations and bring civil or criminal actions, in conformity with the laws and regulations of their organization. (38a) Marriage Article 1. 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. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code. (52a) Art. 2. No marriage shall be valid, unless these essential requisites are present: (1) Legal capacity of the contracting parties who must be a male and a female; and (2) Consent freely given in the presence of the solemnizing officer. (53a) Art. 3. The formal requisites of marriage are:
(1) Authority of the solemnizing officer; (2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and (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. (53a, 55a) Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (2). 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, criminally and administratively liable. (n) Article 35 (2). Those 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; Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage: (1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife; (2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife; (3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife; (4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife; (5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or (6) That either party was afflicted with a sexuallytransmissible disease found to be serious and appears to be incurable. (85a) Art. 5. Any male or female of the age of eighteen years or upwards not under any of the impediments mentioned in Articles 37 and 38, may contract marriage. (54a) Art. 37. Marriages between the following are incestuous and void from the beginning, whether relationship between the parties be legitimate or illegitimate: (1) Between ascendants and descendants of any degree; and (2) Between brothers and sisters, whether of the full or half blood. (81a) Art. 38. The following marriages shall be void from the beginning for reasons of public policy: (1) Between collateral blood relatives whether legitimate or illegitimate, up to the fourth civil degree; (2) Between step-parents and step-children; (3) Between parents-in-law and children-in-law; (4) Between the adopting parent and the adopted child; (5) Between the surviving spouse of the adopting parent and the adopted child;
(6) Between the surviving spouse of the adopted child and the adopter; (7) Between an adopted child and a legitimate child of the adopter; (8) Between adopted children of the same adopter; and (9) Between parties where one, with the intention to marry the other, killed that other person's spouse, or his or her own spouse. (82) Art. 6. No prescribed form or religious rite for the solemnization of the marriage is required. It shall be necessary, however, 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. 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. In case of a marriage in articulo mortis, when the party at the point of death is unable to sign the marriage certificate, it shall be sufficient for one of the witnesses to the marriage to write the name of said party, which fact shall be attested by the solemnizing officer. (55a) Art. 7. Marriage may be solemnized by: (1) Any incumbent member of the judiciary within the court's jurisdiction; (2) Any priest, rabbi, imam, or minister of any church or religious sect duly authorized by his church or religious sect and registered with the civil registrar general, 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; (3) Any ship captain or airplane chief only in the case mentioned in Article 31; (4) Any military commander of a unit to which a chaplain is assigned, in the absence of the latter, during a military operation, likewise only in the cases mentioned in Article 32; (5) Any consul-general, consul or vice-consul in the case provided in Article 10. (56a) Art. 36. A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization. (As amended by Executive Order 227) Art. 39. The action or defense for the declaration of absolute nullity of a marriage shall not prescribe. (As amended by Executive Order 227and Republic Act No. 8533; The phrase "However, in case of marriage celebrated before the effectivity of this Code and falling under Article 36, such action or defense shall prescribe in ten years after this Code shall taken effect" has been deleted by Republic Act No. 8533 [Approved February 23, 1998]). Art. 40. 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. (n) Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, 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. 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, an absence of only two years shall be sufficient.
For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse. (83a) Art. 391 Civil code. The following shall be presumed dead for all purposes, 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, who has not been heard of for four years since the loss of the vessel or aeroplane; (2) A person in the armed forces who has taken part in war, and has been missing for four years; (3) A person who has been in danger of death under other circumstances and his existence has not been known for four years. (n) Art. 42. The subsequent marriage referred to in the preceding Article shall be automatically terminated by the recording of the affidavit of reappearance of the absent spouse, unless there is a judgment annulling the previous marriage or declaring it void ab initio. 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, 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. (n) Art. 43. The termination of the subsequent marriage referred to in the preceding Article shall produce the following effects: (1) The children of the subsequent marriage conceived prior to its termination shall be considered legitimate; (2) The absolute community of property or the conjugal partnership, as the case may be, shall be dissolved and liquidated, but if either spouse contracted said marriage in bad faith, 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, if there are none, the children of the guilty spouse by a previous marriage or in default of children, the innocent spouse; (3) Donations by reason of marriage shall remain valid, except that if the donee contracted the marriage in bad faith, such donations made to said donee are revoked by operation of law; (4) The innocent spouse may revoke the designation of the other spouse who acted in bad faith as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable; 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 succession. (n) Art. 44. 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. (n) Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage: (1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that
order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife; (2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife; (3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife; (4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife; (5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or (6) That either party was afflicted with a sexuallytransmissible disease found to be serious and appears to be incurable. (85a) Art. 46. Any of the following circumstances shall constitute fraud referred to in Number 3 of the preceding Article: (1) Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude; (2) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband; (3) Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the marriage; or (4) Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage. No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage. (86a) Art. 47. The action for annulment of marriage must be filed by the following persons and within the periods indicated herein: (1) For causes mentioned in number 1 of Article 45 by the party whose parent or guardian did not give his or her consent, within five years after attaining the age of twenty-one, or by the parent or guardian or person having legal charge of the minor, at any time before such party has reached the age of twenty-one; (2) For causes mentioned in number 2 of Article 45, by the same spouse, who had no knowledge of the other's insanity; or by any relative or guardian or person having legal charge of the insane, at any time before the death of either party, or by the insane spouse during a lucid interval or after regaining sanity; (3) For causes mentioned in number 3 of Article 45, by the injured party, within five years after the discovery of the fraud; (4) For causes mentioned in number 4 of Article 45, by the injured party, within five years from the time the force, intimidation or undue influence disappeared or ceased;
(5) For causes mentioned in number 5 and 6 of Article 45, by the injured party, within five years after the marriage. (87a) Art. 50. The effects provided for by paragraphs (2), (3), (4) and (5) of Article 43 and by Article 44 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 final judgment in such cases shall provide for the liquidation, partition and distribution of the properties of the spouses, the custody and support of the common children, and the delivery of third presumptive legitimes, unless such matters had been adjudicated in previous judicial proceedings. All creditors of the spouses as well as of the absolute community or the conjugal partnership shall be notified of the proceedings for liquidation. In the partition, the conjugal dwelling and the lot on which it is situated, shall be adjudicated in accordance with the provisions of Articles 102 and 129. Art. 51. In said partition, the value of the presumptive legitimes of all common children, computed as of the date of the final judgment of the trial court, shall be delivered in cash, property or sound securities, unless the parties, by mutual agreement judicially approved, had already provided for such matters. The children or their guardian or the trustee of their property may ask for the enforcement of the judgment. The delivery of the presumptive legitimes herein prescribed shall in no way prejudice the ultimate successional rights of the children accruing upon the death of either of both of the parents; but the value of the properties already received under the decree of annulment or absolute nullity shall be considered as advances on their legitime. (n) Art. 52. The judgment of annulment or of absolute nullity of the marriage, 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; otherwise, the same shall not affect third persons. (n) Art. 53. Either of the former spouses may marry again after compliance with the requirements of the immediately preceding Article; otherwise, the subsequent marriage shall be null and void. Art. 54. Children conceived or born before the judgment of annulment or absolute nullity of the marriage under Article 36 has become final and executory shall be considered legitimate. Children conceived or born of the subsequent marriage under Article 53 shall likewise be legitimate.
Art. 55. 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, or a child of the petitioner; (2) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;
(104a) Art. An action for legal separation shall be filed within five years from the time of the occurrence of the cause. observe mutual love. (121) Art. but the marriage bonds shall not be severed. 75. the spouses shall be entitled to live separately from each other. 128. subject to the provisions of Articles 66. 77. The latter may object only on valid. When one of the spouses neglects his or her duties to the conjugal union or commits acts which tend to bring danger. the term "child" shall include a child by nature or by adoption. 56. 58. 57. and render mutual help and support. (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. or connivance in such corruption or inducement. (101a) Art. a common child. (3) Where there is connivance between the parties in the commission of the offense or act constituting the ground for legal separation. (102) Art. business or activity without the consent of the other. (4) Where both parties have given ground for legal separation. the provisions of Article 49 shall likewise apply to the support of the spouses and the custody and support of the common children. For purposes of this Article. or when the regime agreed upon is void. 74. The husband and wife are obliged to live together. The petition for legal separation shall be denied on any of the following grounds: (1) Where the aggrieved party has condoned the offense or act complained of. In order that any modification in the marriage settlements may be valid. the system of absolute community of property as established in this Code shall govern. 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. (103) Art. The marriage settlements and any modification thereof shall be in writing.(3) Attempt of respondent to corrupt or induce the petitioner. which shall be forfeited in accordance with the provisions of Article 43(2). Either spouse may exercise any legitimate profession. 67. (116a) Art. After the filing of the petition for legal separation. (2) By the provisions of this Code. (119a) Art. the court shall decide whether or not: ( 1) The objection is proper. (117a) Property Relation Art. (3) The custody of the minor children shall be awarded to the innocent spouse. serious. whether in the Philippines or abroad. conjugal partnership of gains. despite such efforts. and (3) By the local custom. 76. signed by the parties and executed before the celebration of the marriage. the resulting obligation shall be enforced against the separate property of the spouse who has not obtained consent. (122a) . Moreover. In case of disagreement. or (10) Abandonment of petitioner by respondent without justifiable cause for more than one year. the aggrieved party may apply to the court for relief. No legal separation may be decreed unless the Court has taken steps toward the reconciliation of the spouses and is fully satisfied. in the marriage settlements. 60. If the benefit accrued prior to the objection. During the pendency of the action for legal separation. The foregoing provisions shall not prejudice the rights of creditors who acted in good faith. in the absence of a written agreement between the spouses. occupation. (n) Art. or (6) Where the action is barred by prescription. The decree of legal separation shall have the following effects: 6 (1) The spouses shall be entitled to live separately from each other. agree upon the regime of absolute community. or a child of the petitioner. 62. and ( 2) Benefit has occurred to the family prior to the objection or thereafter. The court. 68. shall designate either of them or a third person to administer the absolute community or conjugal partnership property. provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law. complete separation of property. The administrator appointed by the court shall have the same powers and duties as those of a guardian under the Rules of Court. (5) Where there is collusion between the parties to obtain decree of legal separation. In the absence of a marriage settlement. In any case. and moral grounds. (8) Sexual infidelity or perversion. (4) Final judgment sentencing the respondent to imprisonment of more than six years. respect and fidelity. 73. (6) Lesbianism or homosexuality of the respondent. An action for legal separation shall in no case be tried before six months shall have elapsed since the filing of the petition. (106a) Rights and Obligation between Husband and Wife Art. The future spouses may. to engage in prostitution. subject to the provisions of Article 213 of this Code. and (4) The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession. (118) Art. (9a) Art. 135 and 136. it must be made before the celebration of the marriage. 63. (5) Drug addiction or habitual alcoholism of the respondent. 72. dishonor or injury to the other or to the family. that reconciliation is highly improbable. 61. No decree of legal separation shall be based upon a stipulation of facts or a confession of judgment. 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. The property relationship between husband and wife shall be governed in the following order: (1) By marriage settlements executed before the marriage. even if pardoned. (109a) Art. (9) Attempt by the respondent against the life of the petitioner. (100a) Art. 59. or any other regime. (2) Where the aggrieved party has consented to the commission of the offense or act complained of. (7) Contracting by the respondent of a subsequent bigamous marriage. (105a) Art.
insofar as they are not modified by the following articles. 91. 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. 87. however. (127a) Art. the donee being the guilty spouse. 83. (6) When the donee has committed an act of ingratitude as specified by the provisions of the Civil Code on donations in general. if any. as required by law. if any. of such property. the payment of which shall be considered as advances to be deducted from the share of the debtor-spouse upon liquidation of the community. and the fruits as well as the income thereof. (5) If it is with a resolutory condition and the condition is complied with. 90. in consideration of the same. (4) Upon legal separation. unless it is expressly provided by the donor. (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. (133a) System Of Absolute Community Art. and liabilities incurred by either spouse by reason of a crime or a quasi-delict. the support of illegitimate children of either spouse. (132a) Art. upon the community property. However. These donations are governed by the rules on ordinary donations established in Title III of Book III of the Civil Code. Every donation or grant of gratuitous advantage. 92. When the waiver takes place upon a judicial separation of property. or by both spouses. charges and expenses. The following shall be excluded from the community property: (1) Property acquired during the marriage by gratuitous title by either spouse. direct or indirect. Donations of future property shall be governed by the provisions on testamentary succession and the formalities of wills. (126) Art. If the future spouses agree upon a regime other than the absolute community of property. and the fruits as well as the income. The provisions on co-ownership shall apply to the absolute community of property between the spouses in all matters not provided for in this Chapter. or by one spouse with the consent of the other. 89. in case of absence or insufficiency of the exclusive property of the debtor-spouse. (3) Debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have been benefited. 84. except moderate gifts which the spouses may give each other on the occasion of any family rejoicing. (197a) Art. (n) Art. 94. (3) Property acquired before the marriage by either spouse who has legitimate descendants by a former marriage. (4) All taxes. (2) When the marriage takes place without the consent of the parents or guardian. and (10) Expenses of litigation between the spouses unless the suit is found to be groundless. jewelry shall form part of the community property. The prohibition shall also apply to persons living together as husband and wife without a valid marriage. (3) When the marriage is annulled. (2) All debts and obligations contracted during the marriage by the designated administrator-spouse for the benefit of the community. liens. and legitimate children of either spouse. and the donee acted in bad faith. and in favor of one or both of the future spouses. 82. No waiver of rights. between the spouses during the marriage shall be void. 86. they cannot donate to each other in their marriage settlements more than one-fifth of their present property. the support of illegitimate children shall be governed by the provisions of this Code on Support. (201a) Property Relationship (Article 94 and 191) Art. the same shall appear in a public instrument and shall be recorded as provided in Article 77. or other activity for selfimprovement. (9) Ante-nuptial debts of either spouse other than those falling under paragraph (7) of this Article. (6) Expenses to enable either spouse to commence or complete a professional or vocational course. (146a) Art. which shall be governed by Article 81. Unless otherwise provided in this Chapter or in the marriage settlements. or after the marriage has been dissolved or annulled. (7) Ante-nuptial debts of either spouse insofar as they have redounded to the benefit of the family. their common children. The absolute community of property shall be liable for: (1) The support of the spouses. (2) Property for personal and exclusive use of either spouse. the community property shall consist of all 7 the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter. A donation by reason of marriage 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. . including major or minor repairs. shares and effects of the absolute community of property during the marriage can be made except in case of judicial separation of property. (130a) Art. testator or grantor that they shall form part of the community property.Donation Art. (5) All taxes and expenses for mere preservation made during marriage upon the separate property of either spouse used by the family. Any excess shall be considered void. Donations by reason of marriage are those which are made before its celebration.
the other spouse may assume sole powers of administration. However. In case of disagreement. Upon the termination of the marriage by death. except those falling under paragraph (9). Should the surviving spouse contract a subsequent marriage without compliance with the foregoing requirements. 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. the disposition or encumbrance shall be void. 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. charges. 96. a mandatory regime of complete separation of property shall govern the property relations of the subsequent marriage. (165a) (Article 103 and 130) liquidation Art. In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the conjugal properties. 121.If the community property is insufficient to cover the foregoing liabilities. If the conjugal partnership is insufficient to cover the foregoing liabilities. however. the husband's decision shall prevail. the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person. Neither shall the fines and pecuniary indemnities imposed upon them be charged to the partnership. any disposition or encumbrance involving the conjugal partnership property of the terminated marriage shall be void. 130. (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. as well as the support of illegitimate children of either spouse. 8 In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the common properties. If upon the lapse of the six months period. In case of disagreement. (2) All debts and obligations contracted during the marriage by the designated administrator-spouse for the benefit of the conjugal partnership of gains. (6) Expenses to enable either spouse to commence or complete a professional. or by both spouses or by one of them with the consent of the other. the community property shall be liquidated in the same proceeding for the settlement of the estate of the deceased. Upon the termination of the marriage by death. including major or minor repairs upon the conjugal partnership property. but at the time of the liquidation of the partnership. (5) All taxes and expenses for mere preservation made during the marriage upon the separate property of either spouse. (4) All taxes. the support of illegitimate children shall be governed by the provisions of this Code on Support. (161a. the surviving spouse shall liquidate the community property either judicially or extra-judicially within six months from the death of the deceased spouse. may be enforced against the partnership assets after the responsibilities enumerated in the preceding Article have been covered. the surviving spouse shall liquidate the conjugal partnership property either judicially or extra-judicially within six months from the death of the deceased spouse. The administration and enjoyment of the conjugal partnership shall belong to both spouses jointly. if the spouse who is bound should have no exclusive property or if it should be insufficient. subject to recourse to the court by the wife for proper remedy. their common children. 163a. However. (7) Ante-nuptial debts of either spouse insofar as they have redounded to the benefit of the family. any disposition or encumbrance involving the community property of the terminated marriage shall be void. (n) What Constitute Community Property . (206a) Art. If no judicial settlement proceeding is instituted. the conjugal partnership property shall be liquidated in the same proceeding for the settlement of the estate of the deceased. These powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. 103. that of fines and indemnities imposed upon them. liens. These powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. (n) Art. a mandatory regime of complete separation of property shall govern the property relations of the subsequent marriage. If upon the lapse of the six-month period no liquidation is made. the husband's decision shall prevail. 122. If no judicial settlement proceeding is instituted. (161a) Art. the other spouse may assume sole powers of administration. In the absence of such authority or consent. and expenses. (3) Debts and obligations contracted by either spouse without the consent of the other to the extent that the family may have benefited. 202a-205a) Art. However. the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person. Should the surviving spouse contract a subsequent marriage without compliance with the foregoing requirements. the payment of personal debts contracted by either spouse before the marriage. The conjugal partnership shall be liable for: (1) The support of the spouse. and (9) Expenses of litigation between the spouses unless the suit is found to groundless. the spouses shall be solidarily liable for the unpaid balance with their separate properties. In the absence of such authority or consent. The administration and enjoyment of the community property shall belong to both spouses jointly. or other activity for self-improvement. which must be availed of within five years from the date of the contract implementing such decision. 162a. the spouses shall be solidarily liable for the unpaid balance with their separate properties. and the legitimate children of either spouse. subject to recourse to the court by the wife for proper remedy. the disposition or encumbrance shall be void. 124. (163a) (Article 96 and 124) 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. vocational. no liquidation is made. such spouse shall be charged for what has been paid for the purpose above-mentioned. which must be availed of within five years from the date of the contract implementing such decision.
otherwise. industrial. 120. or civil. 134. (n) 9 Art. (160) Art. (5) Those acquired through occupation such as fishing or hunting. In either case. whether the acquisition appears to have been made. natural. of such property. or to the original owner-spouse. Such judicial separation of property may either be voluntary or for sufficient cause. (156a. upon dissolution of the marriage or of the partnership. the separation of property between spouses during the marriage shall not take place except by judicial order. 92. and the fruits as well as the income thereof. 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. Unless otherwise provided in this Chapter or in the marriage settlements. and the fruits as well as the income. The spouse present shall. likewise subject to reimbursement of the cost of the improvement. (2) Property for personal and exclusive use of either spouse. without just cause. (3) In the absence of sufficient conjugal partnership property. 106. Whenever an amount or credit payable within a period of time belongs to one of the spouses.Art. (201a) Art. and. 159) Art. the net gains or benefits obtained by either or both spouses shall be divided equally between them. the entire property of one of the spouses shall belong to the conjugal partnership. The ownership of improvements. The separation in fact between husband and wife shall not affect the regime of conjugal 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. unless it is expressly provided by the donor. whether for utility or adornment. 116. the separate property of both spouses shall be solidarily liable for the support of the family. the ownership of the entire property shall be vested upon the reimbursement. 118. Property acquired during the marriage is presumed to belong to the community. said property shall be retained in ownership by the owner-spouse. All property acquired during the marriage. unless it is proved that it is one of those excluded therefrom. However. if any. However. or for only one of the spouses. 119. 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. (153a. The obligations to the family mentioned in the preceding paragraph refer to marital. In either case. for judicial separation of property. The following shall be excluded from the community property: (1) Property acquired during the marriage by gratuitous title by either spouse. such as winnings from gambling or betting. 91. A spouse is deemed to have abandoned the other when he or she has left the conjugal dwelling without intention of returning. (197a) Art. 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. losses therefrom shall be borne exclusively by the loser-spouse. (2) When the consent of one spouse to any transaction of the other is required by law. subject to reimbursement of the value of the property of the owner-spouse at the time of the improvement. interests falling due during the marriage on the principal shall belong to the conjugal partnership. (6) Livestock existing upon the dissolution of the partnership in excess of the number of each kind brought to the marriage by either spouse. 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. industry. shall not have the right to be supported. In the absence of an express declaration in the marriage settlements. (2) Those obtained from the labor. 93. 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. is presumed to be conjugal unless the contrary is proved. Under the regime of conjugal partnership of gains. (158a) Art. as well as the net fruits from the exclusive property of each spouse. (3) The fruits. upon petition in a summary proceeding. (142a) Art. 128. 117. products. (190a) . due or received during the marriage from the common property. 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. judicial authorization shall be obtained in a summary proceeding. 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. work or profession of either or both of the spouses. jewelry shall form part of the community property. The following are conjugal partnership properties: (1) Those acquired by onerous title during the marriage at the expense of the common fund. if any. the husband and wife place in a common fund the proceeds. If a spouse without just cause abandons the other or fails to comply with his or her obligation to the family. or for authority to be the sole administrator of the conjugal partnership property. (167a. 155. However. and (7) Those which are acquired by chance. subject to such precautionary conditions as the court may impose. (160a) Art. parental or property relations. the community property shall consist of all the property owned by the spouses at the time of the celebration of the marriage or acquired thereafter. unless otherwise agreed in the marriage settlements. fruits and income from their separate properties and those acquired by either or both spouses through their efforts or by chance. except that: (1) The spouse who leaves the conjugal home or refuses to live therein. testator or grantor that they shall form part of the community property. 157a) Art. (178a) Art. 154a. 191a) Art. (3) Property acquired before the marriage by either spouse who has legitimate descendants by a former marriage. contracted or registered in the name of one or both spouses. 127. whether the acquisition be for the partnership. which shall be made at the time of the liquidation of the conjugal partnership. the aggrieved spouse may petition the court for receivership.
the share of the party in bad faith in the co-ownership shall be forfeited in favor of their common children. The family home. constituted jointly by the husband and the wife or by an unmarried head of a family. (178a) Art. his or her shall be forfeited in the manner provided in the last paragraph of the preceding Article. In the cases provided for in Numbers (1). and (6) That at the time of the petition. 151. (144a) Family Home Art. All creditors of the absolute community or of the conjugal partnership of gains. and shall be owned by them in equal shares. parental or property relations. If it is shown that no such efforts were in fact made. (191a) Art. the forfeiture shall take place upon termination of the cohabitation. or industry shall be owned by them in common in proportion to their respective contributions. The family home is deemed constituted on a house and lot from the time it is occupied as a family residence. 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. (223a) Art. is the dwelling house where they and their family reside. or an unmarried person who is the head of a family. A spouse is deemed to have abandoned the other when her or she has left the conjugal dwelling without intention of returning. The beneficiaries of a family home are: (1) The husband and wife. (222a) Art. 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. 152. 147. (223a) Art. From the time of its constitution and so long as any of its beneficiaries actually resides therein. In all cases. (5) That the spouse granted the power of administration in the marriage settlements has abused that power. shall be listed in the petition and notified of the filing thereof. their contributions and corresponding shares are presumed to be equal. 136. The obligations to the family mentioned in the preceding paragraph refer to marital. 153. The same rule and presumption shall apply to joint deposits of money and evidences of credit. (191a) Co-ownership Art. the same case must be dismissed. The court shall take measures to protect the creditors and other persons with pecuniary interest. live exclusively with each other as husband and wife without the benefit of marriage or under a void marriage. without the consent of the other. properties acquired while they lived together shall be presumed to have been obtained by their joint efforts. (3) That loss of parental authority of the spouse of petitioner has been decreed by the court. property. 154. the aggrieved spouse may petition the court for receivership. In the absence of descendants. 101. who are living in the family home and who depend upon the head of the family for legal support. In case of default of or waiver by any or all of the common children or their descendants. until after the termination of their cohabitation. 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. This rules shall not apply to cases which may not be the subject of compromise under the Civil Code. brothers and sisters. and for the separation of their common properties. each vacant share shall belong to the respective surviving descendants. 148. descendants. (226a) . 10 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. If one of the parties is validly married to another. ascendants. When a man and a woman who are capacitated to marry each other. (2) and (3). In cases of cohabitation not falling under the preceding Article. and the land on which it is situated. (2) That the spouse of the petitioner has been judicially declared an absentee. (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. subject to such precautionary conditions as the court may impose . (144a) Art. The foregoing rules on forfeiture shall likewise apply even if both parties are in bad faith. If a spouse without just cause abandons the other or fails to comply with his or her obligations to the family. 135. For purposes of this Article. the spouses have been separated in fact for at least one year and reconciliation is highly improbable. forced sale or attachment except as hereinafter provided and to the extent of the value allowed by law. as well as the personal creditors of the spouse. only the properties acquired by both of the parties through their actual joint contribution of money. 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. work or industry. his or her share in the co-ownership shall accrue to the absolute community or conjugal partnership existing in such valid marriage. 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. the family home continues to be such and is exempt from execution. In the absence of proof to the contrary. and (2) Their parents. In the absence of proof to the contrary. 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. If the party who acted in bad faith is not validly married to another. but that the same have failed. When only one of the parties to a void marriage is in good faith. for judicial separation of property or for authority to be the sole administrator of the absolute community. such share shall belong to the innocent party.Art. whether the relationship be legitimate or illegitimate. 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.
unless otherwise provided in this Code. 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. (b) the fact that the husband and wife were living separately in such a way that sexual intercourse was not possible. their contributions and corresponding shares are presumed to be equal. fraud. or undue influence. or (3) If the child was born after the death of the husband. If the party who acted in bad faith is not validly married to another. the period shall be two years if they should reside in the Philippines. in his default. the child could not have been that of the husband. in conformity with the provisions of the Civil Code on Surnames. Children conceived or born during the marriage of the parents are legitimate.Art. or (2) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned. For purposes of availing of the benefits of a family home as provided for in this Chapter. or (3) That in case of children conceived through artificial insemination. (2) To receive support from their parents. Art. a person may constitute. Children conceived and born outside a valid marriage are illegitimate. (2) For debts incurred prior to the constitution of the family home. or (2) Any other means allowed by the Rules of Court and special laws. (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. (144a) Art. the heirs shall have a period of five years within which to institute the action. mechanics. any of his heirs. 174. and in proper cases. The family home shall be exempt from execution. 258a) Art. provided it be born within three hundred days after the termination of the former marriage. (265a. 171. and three years if abroad. 266a. 161. 165. If the husband or. whichever is earlier. their brothers and sisters. 164. The foregoing rules on forfeiture shall likewise apply even if both parties are in bad faith. provided. and (4) For debts due to laborers. forced sale or attachment except: (1) For nonpayment of taxes. (262a) Chapter 2. 170. 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. only one family home. his or her shall be forfeited in the manner provided in the last paragraph of the preceding Article. his or her share in the co-ownership shall accrue to the absolute community or conjugal partnership existing in such valid marriage. all of his heirs do not reside at the place of birth as defined in the first paragraph or where it was recorded. 267a) Art. In the absence of proof to the contrary. The instrument shall be recorded in the civil registry together with the birth certificate of the child. Art. materialmen and others who have rendered service or furnished material for the construction of the building. builders. 168. their ascendants. (2) If he should die after the filing of the complaint without having desisted therefrom. the legitimate filiation shall be proved by: (1) The open and continuous possession of the status of a legitimate child. (n) Paternity and Filiation Art. that both of them authorized or ratified such insemination in a written instrument executed and signed by them before the birth of the child. In these cases. 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. or prevented sexual intercourse. 166. 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. or be the beneficiary of. If the marriage is terminated and the mother contracted 11 another marriage within three hundred days after such termination of the former marriage. (263a) Art. 172. (n) Art. . (55a. (3) For debts secured by mortgages on the premises before or after such constitution. except in the instance provided in the second paragraph of Article 164. violence. 173. 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. (2) That it is proved that for biological or other scientific reasons. The filiation of legitimate children is established by any of the following: (1) The record of birth appearing in the civil register or a final judgment. 155. in a proper case. 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 died before the expiration of the period fixed for bringing his action. (255a) Art. 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. even though it be born within the three hundred days after the termination of the former marriage. Legitimate children shall have the right: (1) To bear the surnames of the father and the mother. intimidation. should reside in the city or municipality where the birth took place or was recorded. The same rule and presumption shall apply to joint deposits of money and evidences of credit. If the birth of the child has been concealed from or was unknown to the husband or his heirs. If one of the parties is validly married to another. if the husband or. Proof of Filiation Art. (243a) be owned by them in common in proportion to their respective contributions. In the absence of the foregoing evidence. architects. the written authorization or ratification of either parent was obtained through mistake.
or (2) When the adopted has abandoned the home of the adopters during minority for at least one year. PD 603) Art. PD 603) Art. they shall divide the entire estate in equal shares. on the same grounds prescribed for loss or suspension of parental authority. 91 and PD 603) Art. (39(4)a. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. (5) When only the adopters survive. 193. (264a) Art. legitimate or illegitimate. 175. by the adopters. they shall divide the entire estate. from the adopted. and (3) To be entitled to the legitimate and other successional rights granted to them by the Civil Code. (273a) Art. (270a) Art. If the adopted person is physically or mentally handicapped. in which case the action may be brought during the lifetime of the alleged parent. (289a) Art. The court shall accordingly order the amendment of the records in the proper registries. (3) An alien. by some other acts. and shall be entitled to support in conformity with this Code. 180. the adoption may be judicially rescinded upon petition of any person authorized by the court or proper government instrumental acting on his behalf. they shall inherit the entire estate. The adopted shall likewise lose the right to use the surnames of the adopters and shall resume his surname prior to the adoption. (42a. or (c) One who is married to a Filipino citizen and seeks to adopt jointly with his or her spouse a relative by consanguinity of the latter. they shall divide the entire estate in equal shares. (272a) Art. in accordance with the ordinary rules of legal or intestate succession. (269a) Art. then the ordinary rules of legal or intestate succession shall apply. 178. 191. one-third by the surviving spouse. unless the latter are disqualified or incapacitated. or the legitimate ascendants of the adopted concur with the adopter. Legal or intestate succession to the estate of the adopted shall be governed by the following rules: (1) Legitimate and illegitimate children and descendants and the surviving spouse of the adopted shall inherit 12 . at the time of the conception of the former. PD 603) Art. one-half to be inherited by the parents or ascendants and the other half. (2) When the parents. 184. one-half to be inherited by the spouse or the illegitimate children of the adopted and the other half. E. except when the action is based on the second paragraph of Article 172. Judicial rescission of the adoption shall extinguish all reciprocal rights and obligations between the adopters and the adopted arising from the relationship of parent and child. The following persons may not adopt: (1) The guardian with respect to the ward prior to the approval of the final accounts rendered upon the termination of their guardianship relation. 190. he may petition for judicial rescission of the adoption on the same grounds prescribed for disinheriting an ascendant. and (6) When only collateral blood relatives of the adopted survive. (287a) Legitimation Art. 179. has definitely repudiated the adoption. (40a. If the adopted minor has not reached the age of majority at the time of the judicial rescission of the adoption. and one-third by the adopters. (2) Any person who has been convicted of a crime involving moral turpitude. Legitimation shall take place by a subsequent valid marriage between parents. Legitimated children shall enjoy the same rights as legitimate children. except: (a) A former Filipino citizen who seeks to adopt a relative by consanguinity. the court shall appoint in the same proceeding a guardian over his person or property or both. in which case the court shall appoint a guardian over the person and property of the minor. all other provisions in the Civil Code governing successional rights shall remain in force. were not disqualified by any impediment to marry each other may be legitimated. If the adopted is a minor or otherwise incapacitated. Illegitimate children shall use the surname and shall be under the parental authority of their mother. (b) One who seeks to adopt the legitimate child of his or her Filipino spouse. (3) When the surviving spouse or the illegitimate children of the adopted concur with the adopters. (41a. by the adopters. 176. Except for this modification. 192. The effects of legitimation shall retroact to the time of the child's birth. one-third to be inherited by the illegitimate children. Only children conceived and born outside of wedlock of parents who. O. 177. (28a. the court in the same proceeding shall reinstate the parental authority of the parents by nature. The action must be brought within the same period specified in Article 173. PD 603) Aliens not included in the foregoing exceptions may adopt Filipino children in accordance with the rules on inter-country adoptions as may be provided by law. or. The annulment of a voidable marriage shall not affect the legitimation. (4) When the adopters concur with the illegitimate children and the surviving spouse of the adopted.in conformity with the provisions of this Code on Support. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children. If the adopted is at least eighteen years of age. The adopters may petition the court for the judicial rescission of the adoption in any of the following cases: (1) If the adopted has committed any act constituting ground for disinheriting a descendant.
If the degree of seriousness so warrants. 220. 218. especially the choice of the child over seven years of age. parental authority shall be exercised by the parent designated by the Court. recreation and association with others. parental authority and responsibility shall include the caring for and rearing them for civic consciousness and efficiency and the development of their moral. inculcate in them honesty.Adoption RA 8552 Parental Authority Art. In default of parents or a judicially appointed guardian. Emancipation also takes place: (1) By the marriage of the minor. instruction or custody. Unless otherwise provided. protect them from bad company. (2) Gives the child corrupting orders. 354a) Art. and (8) To perform such other duties as are imposed by law upon parents and guardians. its administrators and teachers. (6) To demand from them respect and obedience. and inspire in them compliance with the duties of citizenship. 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. unless the parent chosen is unfit. (n) Art. (3) To provide them with moral and spiritual guidance. (3) Compels the child to beg. self-discipline. 216. (349a. 231. (349a) Art. over twenty-one years of age. the following person shall exercise substitute parental authority over the child in the order indicated: (1) The surviving grandparent. Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school. judicial guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable. (n) Art. 209. or (4) Subjects the child or allows him to be subjected to acts of lasciviousness. 214. supervise their activities. and to provide for their upbringing in keeping with their means. 234. counsel or example. The parents and those exercising parental authority shall have with the respect to their unemancipated children on wards the following rights and duties: (1) To keep them in their company. Whenever the appointment or a judicial guardian over the property of the child becomes necessary. unless unfit or disqualified. stimulate their interest in 13 civic affairs. or (2) By the recording in the Civil Register of an agreement in a public instrument executed by the parent exercising parental . (2) The oldest brother or sister. mental and physical character and well-being. 221. or the individual. Pursuant to the natural right and duty of parents over the person and property of their unemancipated children. (n) Art. selfreliance. the same order of preference shall be observed. 219. integrity. 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. (4) To furnish them with good and wholesome educational materials. and (3) The child's actual custodian. (7) To impose discipline on them as may be required under the circumstances. The Court shall take into account all relevant considerations. 213. The grounds enumerated above are deemed to include cases which have resulted from culpable negligence of the parent or the person exercising parental authority. 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. (2180(2)a and (4)a ) Art. studies and morals. (33a) Age of Majority RA 6809 Art. companionship and understanding. as provided in Art. 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. The parents. over twenty-one years of age. to support. entity or institution engaged in child are shall have special parental authority and responsibility over the minor child while under their supervision. the court shall deprive the guilty party of parental authority or adopt such other measures as may be proper under the circumstances. educate and instruct them by right precept and good example. and prevent them from acquiring habits detrimental to their health. majority commences at the age of twenty-one years. or the welfare of the child so demands. In case of separation of the parents. (5) To represent them in all matters affecting their interests. The school. Emancipation takes place by the attainment of majority. 351a. advice and counsel. 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. All other cases not covered by this and the preceding articles shall be governed by the provisions of the Civil Code on quasi-delicts. industry and thrift. unless unfit or disqualified. (316a) Art. entity or institution. (2) To give them love and affection.
(n) Art. building. (9) Docks and structures which. (2) Real property which by any special provision of law is considered as personal property. and by chance. 428. although they may have real estate. all things which can be transported from place to place without impairment of the real property to which they are fixed. The following are also considered as personal property: (1) Obligations and actions which have for their object movables or demandable sums. (348a) Art. or coast. including the division of the estate among the heirs: (1) A person on board a vessel lost during a sea voyage. (3) A person who has been in danger of death under other circumstances and his existence has not been known for four years. (5) Machinery. This Code shall have retroactive effect insofar as it does not prejudice or impair vested or acquired rights in accordance with the Civil Code or other laws. roads and constructions of all kinds adhered to the soil. live or dead hedges. placed in buildings or on lands by the owner of the immovable in such a manner that it reveals the intention to attach them permanently to the tenements. 255. pigeon-houses. instruments or implements intended by the owner of the tenement for an industry or works which may be carried on in a building or on a piece of land. Such emancipation shall be irrevocable. reliefs. or an aeroplane which is missing. quarries. (n) Property Art. it being unknown whether or not the absentee still lives. commercial and industrial entities. and (4) In general. or of the State or any of its subdivisions. If he disappeared after the age of seventy-five years. though floating. . without other limitations than those established by law. and (2) Shares of stock of agricultural. (2) Trees. (3) Forces of nature which are brought under control by science. and growing fruits. the animals in these places are included. in such a way that it cannot be separated therefrom without breaking the material or deterioration of the object. or by any other means without detriment to servitudes constituted thereon. who has not been heard of for four years since the loss of the vessel or aeroplane. he shall be presumed dead for all purposes. Hidden treasure belongs to the owner of the land. and slag dumps. 390. 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. (2) A person in the armed forces who has taken part in war. or other property on which it is found. (335a) Art. Art. (3) Everything attached to an immovable in a fixed manner. The following shall be presumed dead for all purposes. buildings. fish ponds or breeding places of similar nature. (n) Art. 391.authority and the minor at least eighteen years of age. 415. except for those of succession. (8) Mines. The owner has also a right of action against the holder and possessor of the thing in order to recover it. 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. 416. (7) Fertilizer actually used on a piece of land. Ownership may be exercised over things or rights. For this purpose. ditches. 427. (336a) OWNERSHIP IN GENERAL Art. paintings or other objects for use or ornamentation. are intended by their nature and object to remain at a fixed place on a river. plants. (412a) Art. (4) Statues. (334a) Art. After an absence of seven years. 236. (388) Art. Every owner may enclose or fence his land or tenements by means of walls. The absentee shall not be presumed dead for the purpose of opening his succession till after an absence of ten years. Nevertheless. The following things are deemed to be personal property: (1) Those movables susceptible of appropriation which are not included in the preceding article. in case their owner has placed them or preserves them with the intention to 14 have them permanently attached to the land. (n) Art. and has been missing for four years. while the matter thereof forms part of the bed. 417. (6) Animal houses. 429. 430. PRESUMPTION OF DEATH Art. when the discovery is made on the property of another. 438. and servitudes and other real rights over immovable property. The owner or lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof. (10) Contracts for public works. and waters either running or stagnant. The owner has the right to enjoy and dispose of a thing. lake. beehives. while they are attached to the land or form an integral part of an immovable. and which tend directly to meet the needs of the said industry or works. The following are immovable property: (1) Land. an absence of five years shall be sufficient in order that his succession may be opened. and forming a permanent part of it. receptacles.
or to oblige the one who built or planted to pay the price of the land. he shall pay reasonable rent. 455. any hidden and unknown deposit of money. (n) Art. 440. the proper rent. creek or torrent segregates from an estate on its bank a known portion of land and transfers it to another estate. 457. planter or sower proceeded in good faith. the owner of the materials may remove them in any event. 439. (n) Art. (362) Art. which shall be divided in conformity with the rule stated. the price of leases of lands and other property and the amount of perpetual or life annuities or other similar income. 449. with a right to be indemnified for damages. 447. 548. planted or sown without right to indemnity. or other precious objects. loses what is built. If the finder is a trespasser.one-half thereof shall be allowed to the finder. (2) The industrial fruits. planted or sown in bad faith may demand the demolition of the work. (358) Art. jewelry. but only the possessor in good faith may retain the thing until he has been reimbursed therefor. 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. but also on the part of the owner of such land. sowing or planting. planted or sowed. (365a) Art. plantings. The ownership of property gives the right by accession to everything which is produced thereby. (453a) Art. after payment of the indemnity provided for in Articles 546 and 548. for legal purposes. the landowner is entitled to damages from the builder. This provision shall not apply if the owner makes use of the right granted by article 450. (3) The civil fruits. belong to the owner of the land. (336) Art. If the things found be of interest to science of the arts. or he may compel the builder or planter to pay the price of the land. In the cases of the two preceding articles. subject to the provisions of the following articles. shall pay their value. If the owner of the materials. 442. (361a) 15 Art. but he may remove the ornaments with which he has embellished the principal thing if it suffers no injury thereby. The owner of the land on which anything has been built. and if his successor in the possession does not prefer to refund the amount expended. if the landowner acted in bad faith. not only on the part of the person who built. the State may acquire them at their just price. Whatever is built. (354) Art. or which is incorporated or attached thereto. Industrial fruits are those produced by lands of any kind through cultivation or labor. 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. In such case. (352) Right Of Accession Art. personally or through another. (363a) Art. Expenses for pure luxury or mere pleasure shall not be refunded to the possessor in good faith. Natural fruits are the spontaneous products of the soil. 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. The owner of the land who makes thereon. (454) Art. and the sower the proper rent. However. If the materials. 453. planted or sowed on the land of another. or without the plantings. Necessary expenses shall be refunded to every possessor. . planter or sower. (355a) Right of Accession with Respect to Immovable Property Art. the builder or planter cannot be obliged to buy the land if its value is considerably more than that of the building or trees. plants or seeds has been paid by the builder. shall have the right to appropriate as his own the works. if the owner of the land does not choose to appropriate the building or trees after proper indemnity. Useful expenses shall be refunded only to the possessor in good faith with the same right of retention. plants or seeds belong to a third person who has not acted in bad faith. The owner of the land on which anything has been built. (360a) Art. The parties shall agree upon the terms of the lease and in case of disagreement. the provisions of article 447 shall apply. 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. planter or sower. (351a) Art. 459. When the landowner acted in bad faith and the builder. Civil fruits are the rents of buildings. the owner of the land to which the . 452. 445. (353) SECTION 1. he shall also be obliged to the reparation of damages. either naturally or artificially. The builder.Right of Accession with Respect to What is Produced by Property Art. constructions or works with the materials of another. However. 451. Whenever the current of a river. the latter may demand from the landowner the value of the materials and labor. constructions or works being destroyed. 448. plants or sows in bad faith on the land of another. 546. if he acted in bad faith. If there was bad faith. the rights of one and the other shall be the same as though both had acted in good faith. sown or planted in good faith. planted or sown on the land of another and the improvements or repairs made thereon. or that the planting or sowing be removed. (n) Art. To the owner belongs: (1) The natural fruits. 441. and the young and other products of animals. 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. 450. He who builds. the court shall fix the terms thereof. and the one who sowed. 454. in order to replace things in their former condition at the expense of the person who built. and. he shall not be entitled to any share of the treasure. By treasure is understood. (354a) Art. planter or sower in bad faith is entitled to reimbursement for the necessary expenses of preservation of the land. the lawful ownership of which does not appear.
except when personal rights are involved. (398) Art. without the consent of the others. 489. assign or mortgage it. If by the will of their owners two things of the same or different kinds are mixed. shall order such measures as it may deem proper. if the owners do not claim them within six months. 491. There is co-ownership whenever the ownership of an undivided thing or right belongs to different persons. (400a) Art. except the owner of the ground floor and the owner of the first story. co-ownership shall be governed by the provisions of this Title. front door. 495. No such waiver shall be made if it is prejudicial to the co-ownership. the stairs 16 from the first to the second story shall be preserved at the expense of all. (399) Art. The share of the co-owners. if the withholding of the consent by one or more of the co-owners is clearly prejudicial to the common interest. if practicable. 497. Whenever a part of the thing belongs exclusively to one of the coowners.segregated portion belonged retains the ownership of it. 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. Each co-owner shall have a right to compel the other coowners to contribute to the expenses of preservation of the thing or right owned in common and to the taxes. (397a) Art. Partition shall be governed by the Rules of Court insofar as they are consistent with this Code. shall be maintained at the expense of all the owners pro rata. (368a) Art. the roof and the other things used in common. (n) Art. None of the co-owners shall. Whenever the different stories of a house belong to different owners. (402) Art. the court. unless the contrary is proved. the resolutions of the majority of the co-owners shall be binding. Any one of the co-owners may bring an action in ejectment. 492. Should there be no majority. (381) Co-ownership Art. provided that he removes the same within two years. 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. 494. (395a) Art. Repairs for preservation may be made at the will of one of the co-owners. Partition may be made by agreement between the parties or by judicial proceedings. the floor of the entrance. Trees uprooted and carried away by the current of the waters belong to the owner of the land upon which they may be cast. This term may be extended by a new agreement. not exceeding ten years. common yard and sanitary works common to all. 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. (n) Art. and he may therefore alienate. shall be valid. 460. the courts may afford adequate relief. or should the resolution of the majority be seriously prejudicial to those interested in the property owned in common. first notify his coowners of the necessity for such repairs. the following rules shall be observed: (1) The main and party walls. Any stipulation in a contract to the contrary shall be void. insofar as his share is concerned. But the co-ownership may be terminated in accordance with Article 498. 484. (2) Each owner shall bear the cost of maintaining the floor of his story. 485. shall be preserved at the expense of all the owners in proportion to the value of the story belonging to each. Each co-owner may demand at any time the partition of the thing owned in common. but he must. (393a) Art. the co-owners cannot demand a physical division of the thing owned in common. If such owners claim them. The creditors or assignees of the co-owners may take part in the division of the thing owned in common and object to its . when to do so would render it unserviceable for the use for which it is intended. In default of contracts. 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. However. 487. Expenses to improve or embellish the thing shall be decided upon by a majority as determined in Article 492. make alterations in the thing owned in common. Neither shall there be any partition when it is prohibited by law. Notwithstanding the provisions of the preceding article. even though benefits for all would result therefrom. But the effect of the alienation or the mortgage. and even substitute another person in its enjoyment. 488. shall be limited to the portion which may be alloted to him in the division upon the termination of the coownership. Nevertheless. or of special provisions. For the administration and better enjoyment of the thing owned in common. or if the mixture occurs by chance. No co-owner shall be obliged to remain in the coownership. (3) The stairs from the entrance to the first story shall be maintained at the expense of all the owners pro rata. and so on successively. A donor or testator may prohibit partition for a period which shall not exceed twenty years. (401a) Art. including the appointment of an administrator. 496. (369a) Art. at the instance of an interested party. in the benefits as well as in the charges. each owner shall acquire a right proportional to the part belonging to him. (396) Art. the preceding provision shall apply only to the part owned in common. (392) Art. an agreement to keep the thing undivided for a certain period of time. Each co-owner shall have the full ownership of his part and of the fruits and benefits pertaining thereto. 472. bearing in mind the value of the things mixed or confused. and in the latter case the things are not separable without injury. 490. they shall pay the expenses incurred in gathering them or putting them in a safe place. with respect to the co-owners. The portions belonging to the co-owners in the co-ownership shall be presumed equal. 493. and the remainder is owned in common. with the exception of the owner of the ground floor. shall be proportional to their respective interests.
or because it goes out of commerce. the possessor in good faith may remove them. without prejudice to the right of the debtor or assignor to maintain its validity. (441a) Art. after partition. if it is not shown that he was aware of the flaws affecting it. Useful expenses shall be refunded only to the possessor in good faith with the same right of retention. But they cannot impugn any partition already executed. provided that the thing suffers no injury thereby. or by the proper acts and legal formalities established for acquiring such right. 528. (454) Art. 533. 531. or in case it was made notwithstanding a formal opposition presented to prevent it. 538. if there are two possessors. in case the inheritance is accepted. and to a part of the net harvest. Art. but only the possessor in good faith may retain the thing until he has been reimbursed therefor. there should be any natural or industrial fruits. (404) Art. the one longer in possession. (433a) Art. the one who presents a title. (430a) Art. it shall be sold and its proceeds distributed. and those executed clandestinely and without the knowledge of the possessor of a thing. (435a) 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 no case may possession be acquired through force or intimidation as long as there is a possessor who objects thereto. Possession is the holding of a thing or the enjoyment of a right. 549. 555. 546. Mistake upon a doubtful or difficult question of law may be the basis of good faith. 534. give the possessor in good faith the right to finish the cultivation and gathering of the growing fruits. On who succeeds by hereditary title shall not suffer the consequences of the wrongful possession of the decedent. and if all these conditions are equal. but he may remove the ornaments with which he has embellished the principal thing if it suffers no injury thereby. (442) Art. Acts merely tolerated. The owner of the thing may. the thing shall be placed in judicial deposit pending determination of its possession or ownership through proper proceedings Art. and if his successor in the possession does not prefer to refund the amount expended. 547. 545. The possession of hereditary property is deemed transmitted to the heir without interruption and from the moment of the death of the decedent. The expenses incurred in improvements for pure luxury or mere pleasure shall not be refunded to the possessor in bad faith. The charges shall be divided on the same basis by the two possessors. (2) By an assignment made to another either by onerous or gratuitous title. but he may remove the objects for which such expenses have been incurred. Possession as a fact cannot be recognized at the same time in two different personalities except in the cases of copossession. (n) Art. 501. One who validly renounces an inheritance is deemed never to have possessed the same. If at the time the good faith ceases. do not affect possession. Every co-owner shall. 548. (445a) Art. (452a) Art. 17 . unless the person who recovers the possession exercises the option under paragraph 2 of the preceding article. should he so desire. A possessor may lose his possession: (1) By the abandonment of the thing. unless there has been fraud. the possessor shall have a right to a part of the expenses of cultivation. (3) By the destruction or total loss of the thing. 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. Expenses for pure luxury or mere pleasure shall not be refunded to the possessor in good faith. If the useful improvements can be removed without damage to the principal thing. or by the fact that it is subject to the action of our will. He who believes that he has an action or a right to deprive another of the holding of a thing. He is deemed a possessor in bad faith who possesses in any case contrary to the foregoing. if the dates of the possession are the same. or by violence.being effected without their concurrence. if the holder should refuse to deliver the thing. The possessor in bad faith shall reimburse the fruits received and those which the legitimate possessor could have received. the possessor in good faith who for any reason whatever should refuse to accept this concession. 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. both in proportion to the time of the possession. Possession is acquired by the material occupation of a thing or the exercise of a right. and shall have a right only to the expenses mentioned in paragraph 1 of Article 546 and in Article 443. but the effects of possession in good faith shall not benefit him except from the date of the death of the decedent. must invoke the aid of the competent court. 537. 523. (444) Art. as an indemnity for his part of the expenses of cultivation and the net proceeds. shall lose the right to be indemnified in any other manner. 526. (403) Art. Whenever the thing is essentially indivisible and the coowners cannot agree that it be allotted to one of them who shall indemnify the others. 498. the present possessor shall be preferred. (453a) Art. Necessary expenses shall be refunded to every possessor. be liable for defects of title and quality of the portion assigned to each of the other coowners. 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. 536. Should a question arise regarding the fact of possession. (438a) Art. (n) Possession Art.
or to the parents who are usufructuaries of their children's property. 564. 603. (5) By the total loss of the thing in usufruct. Acts merely tolerated. (480) Art. (3) By merger of the usufruct and ownership in the same person. 556. (513a) Art. even though for the time being he may not know their whereabouts. The usufructuary may personally enjoy the thing in usufruct. substance. or pay their current price at the time the usufruct ceases. 573. A usufruct granted for the time that may elapse before a third person attains a certain age. do not affect possession. (6) By the termination of the right of the person constituting the usufruct. or by violence. before entering upon the enjoyment of the property. (2) By the expiration of the period for which it was constituted. but all the contracts he may enter into as such usufructuary shall terminate upon the expiration of the usufruct. 579. EXTINGUISHMENT OF USUFRUCT Art. Usufruct may be constituted on the whole or a part of the fruits of the thing. the owner cannot obtain its return without reimbursing the price paid therefor. (2) By the expiration of the period for which it was constituted. Usufruct gives a right to enjoy the property of another with the obligation of preserving its form and substance. (488) Art. (7) By prescription. however. saving leases of rural lands. The usufructuary may set off the improvements he may have made on the property against any damage to the same. 537. (481) Art. simultaneously or successively. even by a gratuitous title. binding himself to fulfill the obligations imposed upon him in accordance with this Chapter. by the will of private persons expressed in acts inter vivos or in a last will and testament. Whenever the usufruct includes things which. 583. 607. in favor of one more persons. (464a) Usufruct Art. 2 of the preceding article shall not apply to the donor who has reserved the usufruct of the property donated. provided he does not alter its form or . which shall contain an appraisal of the movables and a description of the condition of the immovables. even if the third person should die before the period expires. remove such improvements. 572. and the latter should be destroyed in 18 Art. In case they were not appraised. 563. if the new possession has than one year. Whenever the usufruct includes things which cannot be used without being consumed. 574. unless such usufruct has been expressly granted only in consideration of the existence of such person. (6) By the termination of the right of the person constituting the usufruct. should it be possible to do so without damage to the property. 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. shall subsist for the number of years specified. 580. Usufruct is constituted by law. one who has lost any movable or has been unlawfully deprived thereof may recover it from the person in possession of the same. which shall be considered as subsisting during the agricultural year. has acquired it in good faith at a public sale. without being consumed. or by the fulfillment of any resolutory condition provided in the title creating the usufruct. The possession of movable property acquired in good faith is equivalent to a title. He may. and shall not be obliged to return them at the termination of the usufruct except in their condition at that time. (4) By renunciation of the usufructuary. 559. lease it to another. (492a) Art. provided it is not strictly personal or intransmissible. he shall have the right to return at the same quantity and quality. The provisions of No. except when the parents contract a second marriage. Usufruct is extinguished: (1) By the death of the usufructuary. 562. unless the title constituting it or the law otherwise provides. subject to the Article 537. If the usufruct is constituted on immovable property of which a building forms part. and those executed clandestinely and without the knowledge of the possessor of a thing. or alienate his right of usufruct. (487) Art. is obliged: (1) To make. (516) Art. (467) Art. It may also be constituted on a right. an inventory of all the property. and by prescription. But the real right of not lost till after the lapse of ten years. if they were appraised when delivered. after notice to the owner or his legitimate representative. purely or conditionally. (4) By renunciation of the usufructuary. but he shall have no right to be indemnified therefor. or by the fulfillment of any resolutory condition provided in the title creating the usufruct. 603. the usufructuary shall have the right to make use thereof in accordance with the purpose for which they are intended. (5) By the total loss of the thing in usufruct. (444) Art. 606. (461) Art. gradually deteriorate through wear and tear. and in every case from or to a certain day. (482) Art. (469) Art. The usufructuary. The possession of movables is not deemed lost so long as they remain under the control of the possessor. The usufructuary may make on the property held in usufruct such useful improvements or expenses for mere pleasure as he may deem proper. (468) Art. (7) By prescription. Nevertheless. Art.(4) By the provisions of lasted longer possession is (460a) possession of another. (2) To give security. unless a contrary intention clearly appears. but he shall be obliged to indemnify the owner for any deterioration they may have suffered by reason of his fraud or negligence. If the possessor of a movable lost or which the owner has been unlawfully deprived. unless a contrary intention clearly appears. 584. Usufruct is extinguished: (1) By the death of the usufructuary. (3) By merger of the usufruct and ownership in the same person.
The owner. should either of them be alienated. the usufructuary shall have a right to make use of the land and the materials. (5) By the renunciation of the owner of the dominant estate. commenced to exercise it upon the servient 19 estate. that which prohibits the owner of the servient estate from doing something which he could lawfully do if the easement did not exist. is entitled to demand a right of way through the neighboring estates. Easements are extinguished: (1) By merger in the same person of the ownership of the dominant and servient estates. establishing a permanent passage. during the continuance of the usufruct. The same rule shall be applied if the usufruct is constituted on a building only and the same should be destroyed. if the easement is temporary or conditional.any manner whatsoever. from executing an act which would be lawful without the easement. Discontinuous easements are those which are used at intervals and depend upon the acts of man. Neither can manner than that the dominant estate cannot use the benefit of the immovable originally he exercise the easement in any other previously established. being obliged to pay to the usufructuary. 626. Modes of Acquiring Easements Art. 624. or any person who by virtue of a real right may cultivate or use any immovable. or the sign aforesaid should be removed before the execution of the deed. and discontinuous ones. Continuous easements are those the use of which is or may be incessant. (521) Easement and Servitude Art. An easement or servitude is an encumbrance imposed upon an immovable for the benefit of another immovable belonging to a different owner. Nonapparent easements are those which show no external indication of their existence. apparent or nonapparent. established or maintained by the owner of both. 649. Easements are also positive or negative. (539) Art. as a title in order that the easement may continue actively and passively. or the person who may have made use of the easement. (546a) Art. (538a) Art. This provision shall also apply in case of the division of a thing owned in common by two or more persons. from the day on which the owner of the dominant estate. The former are called legal and the latter voluntary easements. from the day on which an act contrary to the same took place. (6) By the redemption agreed upon between the owners of the dominant and servient estates. but it shall revive if the subsequent condition of the estates or either of them should again permit its use. sufficient time for prescription has elapsed. 620. without the intervention of any act of man. if the owner should wish to construct another building. at the time the ownership of the two estates is divided. 631. Should this easement be established in such a manner that its use may be continuous for all the needs of the dominant estate. (3) When either or both of the estates fall into such condition that the easement cannot be used. in accordance with the provisions of the preceding number. (4) By the expiration of the term or the fulfillment of the condition. this period shall be computed from the day on which they ceased to be used. 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. that which is subject thereto. (532) Art. (537a) Art. and. with respect to continuous easements. Art. 619. (534) Art. The existence of an apparent sign of easement between two estates. 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. the indemnity shall consist of the value of the land occupied and the amount of the damage caused to the servient estate. by an instrument acknowledged before a notary public. Continuous and apparent easements are acquired either by virtue of a title or by prescription of ten years. In order to acquire by prescription the easements referred to in the preceding article. unless when the use becomes possible. unless. whether apparent or not. the interest upon the sum equivalent to the value of the land and of the materials. 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. with respect to discontinuous easements. the owner of the servient estate. (517) Art. the contrary should be provided in the title of conveyance of either of them. shall be considered. Easements may be continuous or discontinuous. The immovable in favor of which the easement is established is called the dominant estate. which is surrounded by other immovables pertaining to other persons and without adequate outlet to a public highway. 616. 613. 617. (2) By nonuser for ten years. from the day on which the owner of the dominant estate forbade. may be acquired only by virtue of a title. and a negative easement. But in such a case. 615. 621. and in negative easements. Art. the servient estate. Art. 611. Continuous nonapparent easements. after payment of the proper indemnity. he shall have a right to occupy the land and to make use of the materials. . 622. The owner of easement except for the contemplated. (n) Art. Easements are established either by law or by the will of the owners. Easements are inseparable from the estate to which they actively or passively belong. the time of possession shall be computed thus: in positive easements.
defies or disregards decency or morality. exchanger. A private nuisance is one that is not included in the foregoing definition. and. (581a) Art. Different mode of Acquiring Ownership Art. the donor shall not be liable for indemnity. 670. 712. can make in it openings to admit light at the height of the ceiling joints or immediately under the ceiling. or its value. (609a) OCCUPATION Art. 20 The nonobservance of these distances does not give rise to prescription. establishment. in every case. or other similar projections which afford a direct view upon or towards an adjoining land or tenement can be made. although the extent of the annoyance. When the distances in Article 670 are not observed. 652. The finder and the owner shall be obliged. They may also be acquired by means of prescription. (n) Art. or (3) Shocks. are acquired by occupation. danger or damage upon individuals may be unequal. 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. as the case may be. or (2) Annoys or offends the senses. and of the size of thirty centimeters square. or without expenses which considerably diminish its value. omission. (565) Art. He can also obstruct them by constructing a building on his land or by raising a wall thereon contiguous to that having such openings. The easement of right of way shall be established at the point least prejudicial to the servient estate. (615a) . and in consequence of certain contracts. A public nuisance affects a community or neighborhood or any considerable number of persons. must return it to its previous possessor. The abatement of a nuisance does not preclude the right of any person injured to recover damages for its past existence. the donor shall be indemnified by the donee for the establishment of the right of way. if there be no stipulation to the contrary. 669. business. Ownership is acquired by occupation and by intellectual creation. adjoining a tenement or piece of land belonging to another. without leaving a distance of two meters between the wall in which they are made and such contiguous property. Whenever a piece of land acquired by sale. it shall be sold at public auction eight days after the publication. Six months from the publication having elapsed without the owner having appeared. or (2) From the time of the formal prohibition upon the proprietor of the adjoining land or tenement. the thing found. If the latter is unknown. The width of the easement of right of way shall be that which is sufficient for the needs of the dominant estate. (610) Art. unless there be a distance of sixty centimeters. and. hidden treasure and abandoned movables. or any body of water. If the movable cannot be kept without deterioration. and may accordingly be changed from time to time. 668. 651. This easement is not compulsory if the isolation of the immovable is due to the proprietor's own acts. apertures. the owner of a wall which is not party wall. by donation. with an iron grating imbedded in the wall and with a wire screen. he shall be obliged to grant a right of way without indemnity. Art. 701. such as animals that are the object of hunting and fishing. (582a) Nuisance Art. or (5) Hinders or impairs the use of property. (n) Art. unless an easement of light has been acquired. 719. Art. or anything else which: (1) Injures or endangers the health or safety of others. by tradition. by estate and intestate succession. if the window is through a wall on the dominant estate. 713. to reimburse the expenses. (567a) Art. 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 the case of the preceding article. Neither can side or oblique views upon or towards such conterminous property be had. Art. insofar as consistent with this rule. In case of a simple donation. Ownership and other real rights over property are acquired and transmitted by law. if it is through a party wall. the finder shall immediately deposit it with the mayor of the city or municipality where the finding has taken place. or (4) Obstructs or interferes with the free passage of any public highway or street. if it is the land of the grantor that becomes isolated. condition of property. Whoever finds a movable. he may demand a right of way after paying a indemnity. If a civil action is brought by reason of the maintenance of a public nuisance. balconies. The finding shall be publicly announced by the mayor for two consecutive weeks in the way he deems best. Things appropriable by nature which are without an owner. the indemnity shall consist in the payment of the damage caused by such encumbrance. Nuisance is either public or private. 697. or co-owner. No windows. 694. is surrounded by other estates of the vendor. exchange or partition. 653. 695. where the distance from the dominant estate to a public highway may be the shortest. However. 650. (564a) Art. shall be awarded to the finder. such action shall be commenced by the city or municipal mayor. A nuisance is any act. Nevertheless. (566a) Art.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 not treasure.
(619) Art. (647a) Art. after the donation. (639) Revocation And Reduction Of Donations Art. the honor or the property of the donor. legitimate or legitimated by subsequent marriage. and shall be governed by the rules established in the Title on Succession. in consideration thereof. When a person donates something. When a person gives to another a thing or right on account of the latter's merits or of the services rendered by him to the donor. (644a) Art. taking into account the whole estate of the donor at the time of the birth. may be transmitted to the heirs of the donor. even though they be posthumous. the property or amount reserved shall belong to the donee. when the donee fails to comply with any of the conditions which the former imposed upon the latter. in full ownership or in usufruct. In order that the donation of an immovable may be valid. with regard to third persons.Donation Art. (618a) Art. by the Mortgage Law and the Land Registration Laws. 755. The right to dispose of some of the things donated. it must be made in a public document. (3) If the donor subsequently adopt a minor child. 764. but if he should die without having made use of this right. By future property is understood anything which the donor cannot dispose of at the time of the donation. Acceptance must be made during the lifetime of the donor and of the donee. or part thereof. whom the latter believed to be dead when he made the donation. This action shall prescribe after four years from the noncompliance with the condition. may be revoked or reduced as provided in the next article. 728. specifying therein the property donated and the value of the charges which the donee must satisfy. or illegitimate. 750. 726. 760. the donation shall be revoked or reduced insofar as it exceeds the portion that may be freely disposed of by will. (2) If the child of the donor. The donation may also be revoked at the instance of the donor. (634a) Art. The donor's capacity shall be determined as of the time of the making of the donation. Without such reservation. but it shall not take effect unless it is done during the lifetime of the donor. the property donated shall be returned to the donor. The donations may comprehend all the present property of the donor. (632a) Art. provided he reserves. sufficient means for the support of himself. 734. 751. descedants and ascendants. (n) Art. The acceptance may be made in the same deed of donation or in a separate public document. provided they do not constitute a demandable debt. should have legitimate or legitimated or illegitimate children. 739. Donation is an act of liberality whereby a person disposes gratuitously of a thing or right in favor of another. subject to the resolutory condition of the donor's survival. 748. the donation and the acceptance shall be made in writing. In the case referred to in No. An oral donation requires the simultaneous delivery of the thing or of the document representing the right donated. should turn out to be living. who accepts it. In this case. Effect Of Donations And Limitations Thereon Art. (2) Those made between persons found guilty of the same criminal offense. (3) Those made to a public officer or his wife. and this step shall be noted in both instruments. with the limitations established. there is also a donation. are by law entitled to be supported by the donor. If the acceptance is made in a separate instrument. by reason of his office. by reason of ingratitude in the following cases: (1) If the donee should commit some offense against the person. and may be exercised against the donee's heirs. and the guilt of the donor and donee may be proved by preponderance of evidence in the same action. 746. or of his wife or children under his parental authority. or of some amount which shall be a charge thereon. The donation is perfected from the moment the donor knows of the acceptance by the donee. 737. (n) Art. appearance or adoption of a child. otherwise. the action for declaration of nullity may be brought by the spouse of the donor or donee. 765. the donation shall be void. Donations cannot comprehend future property. 1. 761. The following donations shall be void: (1) Those made between persons who were guilty of adultery or concubinage at the time of the donation. made by a person having no children or descendants. If the value of the personal property donated exceeds five thousand pesos. 731. the alienations made by the donee and the mortgages imposed thereon by him being void. Art. The donation shall be revoked at the instance of the donor. by the happening of any of these events: (1) If the donor. 725. (n) Art. In the cases referred to in the preceding article. at the time of the acceptance of the donation. (635) Art. Donations which are to take effect upon the death of the donor partake of the nature of testamentary provisions. (620) Art. 749. may be reserved by the donor. Every donation inter vivos. or when the gift imposes upon the donee a burden which is less than the value of the thing given. the donor shall be notified thereof in an authentic form. there is a donation inter vivos. (n) Art. (n) Art. and of all relatives who. The donation of a movable may be made orally or in writing. the donation shall be reduced in petition of any person affected. 21 .
or that his mind be wholly unbroken. he is also called the testator. or in conformity with those which this Code prescribes. (3) If he unduly refuses him support when the donee is legally or morally bound to give support to the donor. and the fact that the testator signed the will and every page thereof. at least three of such witnesses shall be required. (657a) Art. 810. If he left a will. It is subject to no other form. A will made in the Philippines by a citizen or subject of another country. he shall designate two persons to read it and communicate to him. 777. the dispositions of the testator written below his signature must be dated and signed by him in order to make them valid as testamentary dispositions. (n) 22 . the proper objects of his bounty. In case of any insertion. 793. other than a holographic will. rights and obligations to the extent of the value of the inheritance. (n) Art. shall have the same effect as if executed according to the laws of the Philippines. Property acquired after the making of a will shall only pass thereby. whether or not he left a will. 815. should it expressly appear by the will that such was his intention. When a Filipino is in a foreign country. his wife or children under his authority. by one of the subscribing witnesses. the testator must authenticate the same by his full signature. 816. Every will must be acknowledged before a notary public by the testator and the witnesses. Succession is a mode of acquisition by virtue of which the property. (n) Art. each and every page thereof. erasure or alteration in a holographic will. which is executed in accordance with the law of the country of which he is a citizen or subject. The notary public shall not be required to retain a copy of the will. in the presence of the instrumental witnesses. If the attestation clause is in a language not known to the witnesses. (n) Art. or file another with the Office of the Clerk of Court. 804. under his express direction. Art. 806. 807. (n) Art. shall also sign. except the last. Every will must be in writing and executed in a language or dialect known to the testator. 775. expert testimony may be resorted to. In the absence of bad faith. defects and imperfections in the form of attestation or in the language used therein shall not render the will invalid if it is proved that the will was in fact executed and attested in substantial compliance with all the requirements of Article 805. or unshattered by disease. or undue and improper pressure and influence. and which might be proved and allowed by the law of his own country. even though he should prove it. If the testator is blind. When a number of dispositions appearing in a holographic will are signed without being dated. on the left margin. he must personally read the will. In this Title. the contents thereof. as if the testator had possessed it at the time of making the will. 774. (n) Art. Every will. once. forgery. by the notary public before whom the will is acknowledged. (n) Art. or a deaf-mute. (n) Art.(2) If the donee imputes to the donor any criminal offense. 799. (648a) Succession Art. he is authorized to make a will in any of the forms established by the law of the country in which he may be. The will of an alien who is abroad produces effect in the Philippines if made with the formalities prescribed by the law of the place in which he resides. 814. and by his express direction. In the probate of a holographic will. unimpaired. In the absence of any competent witness referred to in the preceding paragraph. or fraud. It shall be sufficient if the testator was able at the time of making the will to know the nature of the estate to be disposed of. A person may execute a holographic will which must be entirely written. 813. The testator or the person requested by him to write his name and the instrumental witnesses of the will. and need not be witnessed. Such will may be probated in the Philippines. (n) Art. 812. "decedent" is the general term applied to the person whose property is transmitted through succession. and again. and that the latter witnessed and signed the will and all the pages thereof in the presence of the testator and of one another. it shall be necessary that at least one witness who knows the handwriting and signature of the testator explicitly declare that the will and the signature are in the handwriting of the testator. (678. 688a) Art. If the testator be deaf. or any act involving moral turpitude. 811. and all the pages shall be numbered correlatively in letters placed on the upper part of each page. it is not necessary that the testator be in full possession of all his reasoning faculties. (n) Art. The rights to the succession are transmitted from the moment of the death of the decedent. (n) Art. if able to do so. and attested and subscribed by three or more credible witnesses in the presence of the testator and of one another. of a person are transmitted through his death to another or others either by his will or by operation of law. whatever be the time of prior dispositions. unless the crime or the act has been committed against the donee himself. cancellation. or according to the formalities observed in his country. (n) Art. the will shall be read to him twice. (n) Art. in some practicable manner. and the last disposition has a signature and a date. dated. 808. (n) Art. otherwise. The attestation shall state the number of pages used upon which the will is written. 805. and the character of the testamentary act. must be subscribed at the end thereof by the testator himself or by the testator's name written by some other person in his presence. (n) Art. such date validates the dispositions preceding it. (619a) Art. injury or other cause. it shall be interpreted to them. In holographic wills. and signed by the hand of the testator himself. 817. 809. To be of sound mind. If the will is contested. or caused some other person to write his name. and if the court deem it necessary. and may be made in or out of the Philippines. as aforesaid.
(5) If the signature of the testator was procured by fraud. The second heir shall acquire a right to the succession from the time of the testator's death. (781a) Art. (783) Art. even though he should die before the fiduciary. whether living at the time of the execution of the will or born after the death of the testator. Subject to the right of appeal. cancelled. without prejudice to the right of representation. Heirs instituted without designation of shares shall inherit in equal parts. or by some other person in his presence. 834. 846. without the express direction of the testator. petition the court having jurisdiction for the allowance of his will. 819. and provided further. Subsequent wills which do not revoke the previous ones in an express manner. Art. or other writing executed as provided in case of wills. 832. cancellation. (3) If it was executed through force or under duress. (814a) Art. If the omitted compulsory heirs should die before the testator. either for their reciprocal benefit or for the benefit of a third person. 866. or by their renunciation. or in the same instrument. even if the new will should become inoperative by reason of the incapacity of the heirs. shall be conclusive as to its due execution. 833. during his lifetime. or (2) By some will. and the estate distributed in accordance therewith. 838. or (3) By burning. provided such substitution does not go beyond one degree from the heir originally instituted. (782a) Art. 859. credits and improvements. or obliteration are established according to the Rules of Court. but the devises and legacies shall be valid insofar as they are not inofficious. The fiduciary shall be obliged to deliver the inheritance to the second heir. (4) If it was procured by undue and improper pressure and influence. A fideicommissary substitution by virtue of which the fiduciary or first heir instituted is entrusted with the obligation to preserve and to transmit to a second heir the whole or part of the inheritance. even though authorized by the laws of the country where they may have been executed. The Supreme Court shall formulate such additional Rules of Court as may be necessary for the allowance of wills on petition of the testator. Every fideicommissary substitution must be expressly made in order that it may be valid. the institution shall be effectual. Substitution is the appointment of another heir so that he may enter into the inheritance in default of the heir originally instituted. Two or more persons cannot make a will jointly. without other deductions than those which arise from legitimate expenses. some. torn. executed by Filipinos in a foreign country shall not be valid in the Philippines. (714) Art. (1) By implication of law. at the time of its execution. (n) Art. by the testator himself. 854. (n) Art. shall be valid and shall take effect. No will shall pass either real or personal property unless it is proved and allowed in accordance with the Rules of Court. or threats. (765) Art. or the influence of fear. (n) Art. The recognition of an illegitimate child does not lose its legal effect. cancelling. or obliterated by some other person. The testator himself may. The will shall be disallowed in any of the following cases: (1) If the formalities required by law have not been complied with. Art. In such case. If burned. codicil. if its contents. the pertinent provisions of the Rules of Court for the allowance of wills after the testator's a death shall govern. either during the lifetime of the testator or after his death. (784) . The testator may designate one or more persons to substitute the heir or heirs instituted in case such heir or heirs should die before him. that the fiduciary or first heir and the second heir are living at the time of the death of the testator. (n) Art. devisees or legatees designated therein. Wills. A revocation of a will based on a false cause or an illegal cause is null and void. (n) Art. The right of the second heir shall pass to his heirs. 865. A revocation made in a subsequent will shall take effect. A fideicommissary substitution can never burden the legitime. the will may still be established. 857. shall annul the institution of heir. or should be incapacitated to accept the inheritance. and due execution. The preterition or omission of one. 23 (6) If the testator acted by mistake or did not intend that the instrument he signed should be his will at the time of affixing his signature thereto. 856. save in the case where the testator has provided otherwise. (n) Art. 839. No will shall be revoked except in the following cases: (2) If the testator was insane. (740a) Art. the allowance of the will. and the fact of its unauthorized destruction. or all of the compulsory heirs in the direct line. 830. even though the will wherein it was made should be revoked. or should not wish. Art. tearing. 864. or otherwise mentally incapable of making a will. A voluntary heir who dies before the testator transmits nothing to his heirs. annul only such dispositions in the prior wills as are inconsistent with or contrary to those contained in the latter wills. 863. on the part of the beneficiary or of some other person. and by his express direction. prohibited by the preceding article. 818. 831. or obliterating the will with the intention of revoking it. (669) Art.Art.
The testator cannot deprive his compulsory heirs of their legitime. (806) Art. 891. Compulsory heirs mentioned in Nos. (807a) Art. the widow or widower shall be entitled to one-fourth of the hereditary estate. Legitime is that part of the testator's property which he cannot dispose of because the law has reserved it for certain heirs who are. their filiation must be duly proved. is obliged to reserve such property as he may have acquired by operation of law for the 24 benefit of relatives who are within the third degree and who belong to the line from which said property came. subject to the rights of illegitimate children and of the surviving spouse as hereinafter provided. If only one legitimate child or descendant of the deceased survives. Any compulsory heir to whom the testator has left by any title less than the legitime belonging to him may demand that the same be fully satisfied. and 5 are not excluded by those in Nos. nor a natural child by legal fiction. legitimate parents and ascendants. The legitime of the illegitimate children shall be taken from the portion of the estate at the free disposal of the testator. 886. (841a) Art. or the charge imposed by him. (840a) Art. Donations given to children shall be charged to their legitime. 882. (2) In default of the foregoing. 3. (5) Other illegitimate children referred to in Article 287. neither do they exclude one another. (819a) . Insofar as they may be inofficious or may exceed the disposable portion. or substitution of any kind whatsoever. (3) The widow or widower. the surviving spouse may inherit if it was the deceased who had given cause for the same. and acknowledged natural children. (843a) Art. (790a) Art. condition. (n) Art. That which has been left in this manner may be claimed at once provided that the instituted heir or his heirs give security for compliance with the wishes of the testator and for the return of anything he or they may receive. shall not be considered as a condition unless it appears that such was his intention. 897. shall inherit from them in the manner and to the extent established by this Code. The father or mother of illegitimate children of the three classes mentioned. (871) Art. Art. (793a) Art. or natural children by legal fiction. whether legitimate or illegitimate. therefore. 874. Donations made to strangers shall be charged to that part of the estate of which the testator could have disposed by his last will. 1 and 2. 4. 895. The ascendant who inherits from his descendant any property which the latter may have acquired by gratuitous title from another ascendant. shall be equal in every case to four-fifths of the legitime of an acknowledged natural child. (797a) Art. 892. The legitime of each of the acknowledged natural children and each of the natural children by legal fiction shall consist of one-half of the legitime of each of the legitimate children or descendants. An absolute condition not to contract a first or subsequent marriage shall be considered as not written unless such condition has been imposed on the widow or widower by the deceased spouse. The legitime of an illegitimate child who is neither an acknowledged natural. The rights of illegitimate children set forth in the preceding articles are transmitted upon their death to their descendants. or an allowance or some personal prestation may be devised or bequeathed to any person for the time during which he or she should remain unmarried or in widowhood. and natural children by legal fiction. Nevertheless.Art. and that the legitime of the surviving spouse must first be fully satisfied. 898. if he or they should disregard this obligation. 896. (813a) Art. such surviving spouse shall be entitled to a portion equal to the legitime of each of the legitimate children which must be taken from that part of the estate which the testator can freely dispose of. 902. or natural children by legal fiction. The following are compulsory heirs: (1) Legitimate children and descendants. with respect to their legitimate parents and ascendants. or for a certain purpose or cause. and with illegitimate children other than acknowledged natural. together with its fruits and interests. Neither can he impose upon the same any burden. or a brother or sister. the right of usufruct. (n) Art. (808a) Art. the share of the surviving spouse shall be the same as that provided in the preceding article. If the widow or widower survives with legitimate children or descendants. 888. provided that in no case shall the total legitime of such illegitimate children exceed that free portion. with respect to their legitimate children and descendants. 871. The legitime of legitimate children and descendants consists of one-half of the hereditary estate of the father and of the mother. encumbrance. 909. or by the latter's ascendants or descendants. 906. called compulsory heirs. The latter may freely dispose of the remaining half. (4) Acknowledged natural children. (815) Art. In all cases of illegitimate children. The institution of an heir may be made conditionally. The statement of the object of the institution. or the application of the property left by the testator. except in cases expressly specified by law. 887. When the widow or widower survives with legitimate children or descendants. Illegitimate children who may survive with legitimate parents or ascendants of the deceased shall be entitled to one-fourth of the hereditary estate to be taken from the portion at the free disposal of the testator. they shall be reduced according to the rules established by this Code. In case of a legal separation. 904.
(7) When a child or descendant leads a dishonorable or disgraceful life. 947. or undue influence cause the testator to make a will or to change one already made. 921. or undue influence causes the testator to make a will or to change one already made. (4) When a child or descendant by fraud. 916. 853. (3) When the spouse by fraud. subject to the provisions of article 1006 with respect to relatives of the full and half blood. (3) When a child or descendant has been convicted of adultery or concubinage with the spouse of the testator. and renders ineffectual any disinheritance that may have been made. legitimate as well as illegitimate: (1) When a child or descendant has been found guilty of an attempt against the life of the testator. violence. and of Article 987. if the accusation has been found to be false. descendants. by the child or descendant. intimidation. saving the right of representation when it properly takes place. 962. (756. The following shall be sufficient causes for disinheriting a spouse: (1) When the spouse has been convicted of an attempt against the life of the testator. In every inheritance. (849) Art. but the devises and legacies and other testamentary dispositions shall be valid to such extent as will not impair the legitime. paragraph 2. violence. (912a) . (5) A refusal without justifiable cause to support the parent or ascendant who disinherits such child or descendant. (5) When the spouse has given grounds for the loss of parental authority. (6) Maltreatment of the testator by word or deed. or ascendants. (2) When the parent or ascendant has been convicted of an attempt against the life of the testator. 923. (2) When a child or descendant has accused the testator of a crime for which the law prescribes imprisonment for six years or more. Relatives in the same degree shall inherit in equal shares. descendants. whether legitimate or illegitimate: (1) When the parents have abandoned their children or induced their daughters to live a corrupt or immoral life. 918. (2) When the spouse has accused the testator of a crime for which the law prescribes imprisonment of six years or more. (756. (850) Art.Disinheritance Art. (848a) Art. 919. violence. The burden of proving the truth of the cause for disinheritance shall rest upon the other heirs of the testator. A subsequent reconciliation between the offender and the offended person deprives the latter of the right to disinherit. shall annul the institution of heirs insofar as it may prejudice the person disinherited. (857) Art. for causes expressly stated by law. or undue influence causes the testator to make a will or to change one already made. (6) The loss of parental authority for causes specified in this Code. 674a) Art. 920. 855. his or her descendants. 915. in consequence of disinheritance. (881a) Art. unless there has been a reconciliation between them. (5) When the parent or ascendant by fraud. (8) Conviction of a crime which carries with it the penalty of civil interdiction. 674a) Art. (4) When the parent or ascendant has been convicted of adultery or concubinage with the spouse of the testator. or which is not one of those set forth in this Code. intimidation. or ascendants. (851a) Art. if contradicted. or for a cause the truth of which. (756. (8) An attempt by one of the parents against the life of the other. concerning division between the paternal and maternal lines. Disinheritance without a specification of the cause. (856) Art. (7) The refusal to support the children or descendants without justifiable cause. his or her spouse. (4) When the spouse has given cause for legal separation. The children and descendants of the person disinherited shall take his or her place and shall preserve the rights of compulsory heirs with respect to the legitime. 854. 917. The following shall be sufficient causes for the disinheritance of parents or ascendants. (6) Unjustifiable refusal to support the children or the other spouse. intimidation. 922. or ascendants. his or her spouse. but the disinherited parent shall not have the usufruct or administration of the property which constitutes the legitime. and transmits it to his heirs. A compulsory heir may. the relative nearest in degree excludes the more distant ones. if the accusation has been found groundless. 674a) Art. and the accusation has been found to be false. The legatee or devisee acquires a right to the pure and simple legacies or devises from the death of the testator. or attempted against their virtue. be deprived of his legitime. (3) When the parent or ascendant has accused the testator of a crime for which the law prescribes imprisonment for 25 six years or more. The following shall be sufficient causes for the disinheritance of children and descendants. is not proved. Disinheritance can be effected only through a will wherein the legal cause therefor shall be specified. if the disinherited heir should deny it.
Art. the collateral relatives shall succeed to the entire estate of the deceased in accordance with the following articles. but never in the ascending. (948) Art. Should brothers and sisters or their children survive with the widow or widower. (932) Art. whether they be of the full or half blood. Heirs who repudiate their share may not be represented. Should brothers and sisters survive together with nephews and nieces. 974. if he were living or could inherit. (933) Art. the shares of the former shall be in the proportions prescribed by Article 895. should there be one only. when two or more persons are called to the same inheritance. it is necessary that the representative himself be capable of succeeding the decedent. If the inheritance should be repudiated by the nearest relative. Children of brothers and sisters of the half blood shall succeed per capita or per stirpes. the part assigned to the one who renounces or cannot receive his share. or co-legatees. An adopted child succeeds to the property of the adopting parents in the same manner as a legitimate child. and illegitimate children and their descendants. whether legitimate or illegitimate. or by all the nearest relatives called by law to succeed. survive. 997. illegitimate children. Accretion is a right by virtue of which. 990. they shall inherit in equal shares. When the widow or widower survives with legitimate parents or ascendants. the former shall inherit per capita. nephews and nieces. under article 1001. devise or legacy. 999. they shall inherit in equal portions. (947) Art. it takes place only in favor of the children of brothers or sisters. (946a) Art. if they survive with their uncles or aunts. The grandchildren and other descendants shall inherit by right of representation. In order that the right of accretion may take place in a testamentary succession. (941a) Art. 1006. (934a) Art. they shall inherit from the latter by representation. dividing the inheritance in equal shares. 991. Legitimate children and their descendants succeed the parents and other ascendants. 979. 1001. the illegitimate children shall divide the inheritance with them. ascendants. The children of the deceased shall always inherit from him in their own right. those of the following degree shall inherit in their own right and cannot represent the person or persons repudiating the inheritance. the surviving spouse shall be entitled to onehalf of the estate. and if any one of them should have died. leaving several heirs. (931a) Art. 983. and the legitimate parents or ascendants to the other half. such widow or widower shall be entitled to one-half of the inheritance. 998. and the latter by right of representation. 1003. in accordance with the rules laid down for the brothers and sisters of the full blood. (834a) Art. When the widow or widower survives with legitimate children or their descendants and illegitimate children or their descendants. whether legitimate or illegitimate. (943a) Art. If a widow or widower survives with illegitimate children. the surviving spouse shall inherit the entire estate. (927) Art. the latter shall be entitled to one-half of the inheritance and the brothers and sisters or their children to the other half. 981. should there be any. (915) Art. 1005. 996. (953. But if they alone survive. An illegitimate child has no right to inherit ab intestato from the legitimate children and relatives of his father or mother. 977. 969. Whenever there is succession by representation. such widow or widower shall be entitled to the same share as that of a legitimate child. When children of one or more brothers or sisters of the deceased survive. 982. and even if they should come from different marriages. should there be several. 980. or a surviving spouse. (925) Art. without distinction as to sex or age. is added or incorporated to that of his co-heirs. If a widow or widower and legitimate children or descendants are left. taking one-half of the estate. (n) Art. (n) Art. If legitimate ascendants are left. the former shall inherit in their own right. 975. 973. whatever be the number of the ascendants or of the illegitimate children. the surviving spouse has in the succession the same share as that of each of the children. in such manner that the representative or representatives shall not inherit more than what the person they represent would inherit. (946a Art. 995. In the collateral line. The hereditary rights granted by the two preceding articles to illegitimate children shall be transmitted upon their death to their descendants. 1008. Should children of the deceased and descendants of other children who are dead. 1016. 992. 1015. and the illegitimate children or their descendants. If illegitimate children survive with legitimate children. (n) Art. without prejudice to the rights of brothers and sisters. whether legitimate or illegitimate. nor shall such children or relatives inherit in the same manner from the illegitimate child. In order that representation may take place. the former shall be entitled to a share double that of the latter. In the absence of legitimate descendants and ascendants. co-devisees. 1004. If there are no descendants. the division of the estate shall be made per stirpes. the portion pertaining to him shall be divided among the latter in equal portions. 837a) Art. (926a) Art. who shall inherit by right of representation from their deceased grandparent. and the latter per stirpes. Art. (942-841a) 26 Art. (n) Art. to the other half. Should the only survivors be brothers and sisters of the full blood. who are the children of the descendant's brothers and sisters of the full blood. 972. (n) Art. it shall be necessary: . The right of representation takes place in the direct descending line. (836a) Art. (929a) Art. (949) Art. or who died before the testator. Should brother and sisters of the full blood survive together with brothers and sisters of the half blood.
1132. The ownership of movables prescribes through uninterrupted possession for four years in good faith. and 529 of this Code are likewise necessary for the determination of good faith in the prescription of ownership and other real rights. The prohibitions mentioned in article 739. 1118. 1039. 1028. (1035a) Art. (985) Art. 1062. 1021. or be incapacitated to receive it. parents. or 5 of Article 1032. In cases falling under Nos. parents. the latter shall acquire his right to the legitime. A child already conceived at the time of the death of the decedent is capable of succeeding provided it be born later under the conditions prescribed in article 41. or any other gratuitous title. or children. in order that it may be computed in the determination of the legitime of each heir. 1128. descendant. or to the same portion thereof. Every compulsory heir. 1117. but the grantor was not the owner or could not transmit any right. Should the part repudiated be the legitime. nevertheless. sister. For the purposes of prescription. If the institution. (4) Any attesting witness to the execution of a will. health officer or druggist who took care of the testator during his last illness. (1943) Art. 752. 2. and in the case falling under No. 1129. 1027. devise or legacy should be conditional. or spouse. associations and corporations not permitted by law to inherit. devisee or legatee. surgeon. his qualification at the time of the death of the decedent shall be the criterion. and (2) That one of the persons thus called die before the testator. (n) Art. and in the account of the partition. Ordinary acquisitive prescription requires possession of things in good faith and with just title for the time fixed by law. nurse. community. 1127. Collation shall not take place among compulsory heirs if the donor should have so expressly provided. In order to judge the capacity of the heir. The good faith of the possessor consists in the reasonable belief that the person from whom he received the thing was the owner thereof. devisee or legatee must be living at the moment the succession opens. the church. (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. the spouse. In order to be capacitated to inherit. (n) Art. (n) Art. (745. or institution to which such priest or minister may belong. Among the compulsory heirs the right of accretion shall take place only when the free portion is left to two or more of them. 1120. by way of donation. shall be valid. the other co-heirs shall succeed to it in their own right. (1036) PRESCRIPTION OF OWNERSHIP AND OTHER REAL RIGHTS Art. naturally or civilly. the heir. chapter. (928a) Art. except in case of representation. it shall be necessary to wait until final judgment is rendered. (1951) Art. peaceful and uninterrupted. 527.(1) That two or more persons be called to the same inheritance. or any one claiming under such witness. or the minister of the gospel who extended spiritual aid to him during the same period. the expiration of the month allowed for the report. (1940a) Art. the time of the compliance with the condition shall also be considered. 4. even if the testator should die after the approval thereof. (1950a) Art. during the lifetime of the latter. Capacity to succeed is governed by the law of the nation of the decedent. Acts of possessory character executed in virtue of license or by mere tolerance of the owner shall not be available for the purposes of possession. The person so excluded shall not enjoy the usufruct and administration of the property thus inherited by his children. must bring into the mass of the estate any property or right which he may have received from the decedent. 27 . and could transmit his ownership. 1035. Acquisitive prescription of dominion and other real rights may be ordinary or extraordinary. (761a) Art. 1034. and not by the right of accretion. 3. If the person excluded from the inheritance by reason of incapacity should be a child or descendant of the decedent and should have children or descendants. public. concerning donations inter vivos shall apply to testamentary provisions. 1025. 754a) Art. The conditions of good faith required for possession in Articles 526. or renounce the inheritance. (1942) Art. pro indiviso. spouse. or children. (n) Art. or if the donee should repudiate the inheritance. brother. Possession has to be in the concept of an owner. order. Possession is interrupted for the purposes of prescription. The following are incapable of succeeding: (1) The priest who heard the confession of the testator during his last illness. 1061. 753. 1119. (6) Individuals. any provision made by the ward in favor of the guardian when the latter is his ascendant. there is just title when the adverse claimant came into possession of the property through one of the modes recognized by law for the acquisition of ownership or other real rights. organization. unless the donation should be reduced as inofficious. (2) The relatives of such priest or minister of the gospel within the fourth degree. 528. (758a) Art. who succeeds with other compulsory heirs. or to any one of them and to a stranger. (1941) Art. when it is proper. (5) Any physician.
(2) Contracts. (1100a) Art. 1156. he may ask that the obligation be complied with at the expense of the debtor. . 1174. (n) Art. 1137. it may be decreed that what has been poorly done be undone. 1142. no person shall be responsible for those events which could not be foreseen. When the obligation consists in not doing. 1159. or (3) When demand would be useless. (1091a) Art. or from a merchant's store the provisions of Articles 559 and 1505 of this Code shall be observed. fair. and the obligor does what has been forbidden him. The obligation to give a determinate thing includes that of delivering all its accessions and accessories. or when it is otherwise declared by stipulation. (1095) 28 Art. When what is to be delivered is a determinate thing. Ownership and other real rights over immovables also prescribe through uninterrupted adverse possession thereof for thirty years. Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. 1143. unless the law or the stipulation of the parties requires another standard of care. From the moment one of the parties fulfills his obligation. the creditor. negligence. If the thing is indeterminate or generic. 1170. 1166. 1167. among others specified elsewhere in this Code. without need of title or of good faith. The following rights. In reciprocal obligations. Obligation Art. Except in cases expressly specified by the law. 1165. it shall also be undone at his expense. without need of any other condition. If a person obliged to do something fails to do it. 1164. he shall be responsible for any fortuitous event until he has effected the delivery. (1101) Art. (1099a) Art. 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. were inevitable. as well as with respect to movables acquired in a public sale. (n) Art. (1964a) Art. 1157. 1168. 1144. or market. he shall acquire no real right over it until the same has been delivered to him. may compel the debtor to make the delivery. (1955a) Art. The creditor has a right to the fruits of the thing from the time the obligation to deliver it arises. The following actions must be brought within ten years from the time the right of action accrues: (1) Upon a written contract. though foreseen. 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. (1089a) Art. or delay. in addition to the right granted him by Article 1170. even though they may not have been mentioned. and those who in any manner contravene the tenor thereof. If the obligor delays. This same rule shall be observed if he does it in contravention of the tenor of the obligation. (1097a) Art. to do or not to do. 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. (2) Upon an obligation created by law. or when the nature of the obligation requires the assumption of risk. (2) To bring an action to abate a public or private nuisance. (3) Quasi-contracts. 1163. However. as when the obligor has rendered it beyond his power to perform. Those who in the performance of their obligations are guilty of fraud. Obligations arise from: (1) Law. are not extinguished by prescription: (1) To demand a right of way. An obligation is a juridical necessity to give. 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. With regard to the right of the owner to recover personal property lost or of which he has been illegally deprived. and (5) Quasi-delicts.. (1959a) Art. delay by the other begins.The ownership of personal property also prescribes through uninterrupted possession for eight years. the same shall be executed at his cost. or which. Furthermore. (1096) Art. (1094a) Art. If a person obliged to do something fails to do it. regulated in Article 649. the same shall be executed at his cost. 1169. 1167. However. (1098) Art. (1105a) Nature Art. (3) Upon a judgment. A mortgage action prescribes after ten years. are liable for damages. (4) Acts or omissions punished by law. (n) Computation …. or has promised to deliver the same thing to two or more persons who do not have the same interest. 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.
the obligation shall be deemed to be one with a period. The court shall decree the rescission claimed. the obligation shall take effect in conformity with the provisions of this Code. (1110a) Art. Nevertheless. (1099a) Art. 1183. 1181. as well as the extinguishment or loss of those already acquired. In obligations to do and not to do. (1116a) Art. 1178. The power to rescind obligations is implied in reciprocal ones. unless from the nature and circumstances of the obligation it should be inferred that the intention of the person constituting the same was different. (1113) Art. However. is demandable at once. though foreseen. it shall also be undone at his expense. once the condition has been fulfilled. Furthermore. unless there be just cause authorizing the fixing of a period. (1115) Art. the debtor shall appropriate the fruits and interests received. In conditional obligations. or delay. shall give rise to the presumption that said interest has been paid. Every obligation which contains a resolutory condition shall also be demandable.This same rule shall be observed if he does it in contravention of the tenor of the obligation. Every obligation whose performance does not depend upon a future or uncertain event. 1168. or (3) When demand would be useless. When the fulfillment of the condition depends upon the sole will of the debtor. without prejudice to the effects of the happening of the event. subject to the provisions of Article Art. (1098) Art. He may also seek rescission. all rights acquired in virtue of an obligation are transmissible. If it depends upon chance or upon the will of a third person. 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. Those who in the performance of their obligations are guilty of fraud. they may also impugn the acts which the debtor may have done to defraud them. In reciprocal obligations. From the moment one of the parties fulfills his obligation. (1118) Art. negligence. that part thereof which is not affected by the impossible or unlawful condition shall be valid. in case one of the obligors should not comply with what is incumbent upon him. The effects of a conditional obligation to give. those contrary to good customs or public policy and those prohibited by law shall annul the obligation which depends upon them. it may be decreed that what has been poorly done be undone. 1182. The receipt of the principal by the creditor without reservation with respect to the interest. the courts shall determine. as when the obligor has rendered it beyond his power to perform. or when the nature of the obligation requires the assumption of risk. if there has been no stipulation to the contrary. or which. in accordance with Articles 1385 and 1388 and the Mortgage Law 29 . the condition shall be deemed fulfilled at such time as may have probably been contemplated. (1100a) Art. in each case. (1105a) Art. (1114) Art. and those who in any manner contravene the tenor thereof. the retroactive effect of the condition that has been complied with. no person shall be responsible for those events which could not be foreseen. bearing in mind the nature of the obligation. 1174. shall retroact to the day of the constitution of the obligation. 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. (1120) Art. when the obligation imposes reciprocal prestations upon the parties. Art. 1176. 1179. If no time has been fixed. The condition that some event will not happen at a determinate time shall render the obligation effective from the moment the time indicated has elapsed. 1187. shall likewise raise the presumption that such installments have been paid. 1180. with the payment of damages in either case. Impossible conditions. may exercise all the rights and bring all the actions of the latter for the same purpose. even after he has chosen fulfillment. If the obligation is divisible. were inevitable. 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. 1169. The receipt of a later installment of a debt without reservation as to prior installments. This is understood to be without prejudice to the rights of third persons who have acquired the thing. are liable for damages. Subject to the laws. 1177. or when it is otherwise declared by stipulation. The condition not to do an impossible thing shall be considered as not having been agreed upon. delay by the other begins. (1111) Art. 1185. Except in cases expressly specified by the law. 1170. after having pursued the property in possession of the debtor to satisfy their claims. The creditors. shall depend upon the happening of the event which constitutes the condition. The injured party may choose between the fulfillment and the rescission of the obligation. save those which are inherent in his person. or upon a past event unknown to the parties. and the obligor does what has been forbidden him. 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. the acquisition of rights. (1101) Art. the conditional obligation shall be void. When the debtor binds himself to pay when his means permit him to do so. if the latter should become impossible. If the obligation is unilateral. the fruits and interests during the pendency of the condition shall be deemed to have been mutually compensated. or if it has become evident that the event cannot occur. 1191. When the obligation consists in not doing.
damages shall be paid if the obligor refuses to pay the penalty or is guilty of fraud in the fulfillment of the obligation. unless he immediately gives new ones equally satisfactory. (1127) Art. (1137a) Art. he may avail himself thereof only as regards that part of the debt for which the latter are responsible. 30 (5) When the debtor attempts to abscond. it is presumed to have been established for the benefit of both the creditor and the debtor. the right of the creditors may be prejudiced only by their collective acts. the courts may fix the duration thereof. When the obligee accepts the performance. unless he immediately gives new ones equally satisfactory. 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. or that each one of the latter is bound to render. Anything paid or delivered before the arrival of the period. In every case. or pertain to his own share. A solidary debtor may. 1209. (5) When the debtor attempts to abscond. the obligor being unaware of the period or believing that the obligation has become due and demandable. In obligations with a penal clause. the creditor may choose which offer to accept. the credits or debts being considered distinct from one another. so long as the debt has not been fully collected. in case the debt had been totally paid by anyone of them before the remission was effected. and the debt can be enforced only by proceeding against all the debtors. The creditor may proceed against any one of the solidary debtors or some or all of them simultaneously. unless he gives a guaranty or security for the debt. (4) When the debtor violates any undertaking. (n) Art. and when through a fortuitous event they disappear. 1197. 1222. Solidarity may exist although the creditors and the debtors may not be bound in the same manner and by the same periods and conditions. may be recovered. subject to the Rules of Court governing the multiplicity of suits. If one of the latter should be insolvent. 1195. 1196. (3) When by his own acts he has impaired said guaranties or securities after their establishment. he becomes insolvent. avail himself of all defenses which are derived from the nature of the obligation and of those which are personal to him. There is a solidary liability only when the obligation expressly so states. if there is no stipulation to the contrary. or his successor in interest. 1208.Obligation With A Period Art. (2) When he does not furnish to the creditor the guaranties or securities which he has promised. Art. Nevertheless. If the obligation does not fix a period. and when through a fortuitous event they disappear. (1162a) . The debtor shall lose every right to make use of the period: (1) When after the obligation has been contracted. 1219. with the fruits and interests. Art. or any person authorized to receive it. 1207. Whenever in an obligation a period is designated. (2) When he does not furnish to the creditor the guaranties or securities which he has promised. In case of loss. (1129a) Art. unless from the tenor of the same or other circumstances it should appear that the period has been established in favor of one or of the other. Once fixed by the courts. (1144a) Art. the penalty shall substitute the indemnity for damages and the payment of interests in case of noncompliance. (1140) Art. in consideration of which the creditor agreed to the period. The courts shall also fix the duration of the period when it depends upon the will of the debtor. Payment shall be made to the person in whose favor the obligation has been constituted. in actions filed by the creditor. deterioration or improvement of the thing before the arrival of the day certain. or the nature or the wording of the obligations to which the preceding article refers the contrary does not appear. 1226. 1240. (4) When the debtor violates any undertaking. 1235. 1198. and without expressing any protest or objection. the obligation is deemed fully complied with. the courts shall determine such period as may under the circumstances have been probably contemplated by the parties. The demand made against one of them shall not be an obstacle to those which may subsequently be directed against the others. (n) Art. The debtor shall lose every right to make use of the period: (1) When after the obligation has been contracted. (1128a) Art. (1129a) Solidarity Art. entire compliance with the prestation. the rules in Article 1189 shall be observed. Payment made by one of the solidary debtors extinguishes the obligation. 1194. If from the law. he becomes insolvent. Art. (1138a) Art. the period cannot be changed by them. (1146a) Art. (1139) Art. or when the law or the nature of the obligation requires solidarity. 1198. unless he gives a guaranty or security for the debt. the credit or debt shall be presumed to be divided into as many shares as there are creditors or debtors. With respect to those which personally belong to the others. (1126a) Art. in consideration of which the creditor agreed to the period. If the division is impossible. If two or more solidary debtors offer to pay. knowing its incompleteness or irregularity. 1211. the others shall not be liable for his share. but from its nature and the circumstances it can be inferred that a period was intended. (3) When by his own acts he has impaired said guaranties or securities after their establishment. 1217. 1216. 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.
on the effect of the cession. the action derived from the original obligation shall be held in the abeyance. or if application can not be inferred from other circumstances. and if it is not possible to deliver such currency. 1258. 1248. (1174a) Payment by Cession Art. or when the application of payment is made by the party for whose benefit the term has been constituted. (1169a) Art. He who has various debts of the same kind in favor of one and the same creditor. If the debt produces interest. shall be governed by the law of sales. If the creditor to whom tender of payment has been made refuses without just cause to accept it. (1178) 31 Art. These provisions are without prejudice to venue under the Rules of Court. (1175a Art. (1177) Art. the payment shall be applied to all of them proportionately. application shall not be made as to debts which are not yet due. he refuses to give a receipt. when the debt is in part liquidated and in part unliquidated. 1257. or when through the fault of the creditor they have been impaired. 1256. the creditor cannot demand a thing of superior quality.Payment Art. unless there is an agreement to the contrary. In the meantime. the debt which is most onerous to the debtor. However. 1251. may declare at the time of making the payment. (1176a) Art. 1255. unless there is stipulation to the contrary. Neither may the debtor be required to make partial payments. (n) Art. Unless the parties so stipulate. the debtor shall be released from responsibility by the consignation of the thing or sum due. 1252. without just cause. 1254. Dation in payment. Neither can the debtor deliver a thing of inferior quality. If the debtor changes his domicile in bad faith or after he has incurred in delay. 1245. the payment shall be made wherever the thing might be at the moment the obligation was constituted. The consignation shall be ineffectual if it is not made strictly in consonance with the provisions which regulate payment. (1171a) If the debtor accepts from the creditor a receipt in which an application of the payment is made. unless there is a cause for invalidating the contract. or bills of exchange or other mercantile documents shall produce the effect of payment only when they have been cashed. payment of the principal shall not be deemed to have been made until the interests have been covered. The delivery of promissory notes payable to order. Consignation shall be made by depositing the things due at the disposal of judicial authority. 1250. When the obligation consists in the delivery of an indeterminate or generic thing. Art. in a proper case. or does not appear at the place of payment. The consignation having been made. 1246. the value of the currency at the time of the establishment of the obligation shall be the basis of payment. the interested parties shall also be notified thereof. There being no express stipulation and if the undertaking is to deliver a determinate thing. Unless there is an express stipulation to that effect. (5) When the title of the obligation has been lost. among those due. (4) When two or more persons claim the same right to collect. . the former cannot complain of the same. (2) When he is incapacitated to receive the payment at the time it is due. before whom the tender of payment shall be proved. The debtor may cede or assign his property to his creditors in payment of his debts. When the payment cannot be applied in accordance with the preceding rules. In order that the consignation of the thing due may release the obligor. it must first be announced to the persons interested in the fulfillment of the obligation. (1172a) Art. Consignation alone shall produce the same effect in the following cases: (1) When the creditor is absent or unknown. the creditor cannot be compelled partially to receive the prestations in which the obligation consists. The purpose of the obligation and other circumstances shall be taken into consideration. shall be deemed to have been satisfied. shall only release the debtor from responsibility for the net proceeds of the thing assigned. 1253. In case an extraordinary inflation or deflation of the currency stipulated should supervene. If the debts due are of the same nature and burden. Payment shall be made in the place designated in the obligation. to which of them the same must be applied. and the announcement of the consignation in other cases. In any other case the place of payment shall be the domicile of the debtor. The payment of debts in money shall be made in the currency stipulated. the creditor may demand and the debtor may effect the payment of the former without waiting for the liquidation of the latter. are made between the debtor and his creditors shall be governed by special laws. whose quality and circumstances have not been stated. (1173) Art. whereby property is alienated to the creditor in satisfaction of a debt in money. the additional expenses shall be borne by him. (1167a) Art. This cession. The agreements which. (3) When. (1170) Art. then in the currency which is legal tender in the Philippines. 1249.
shall extinguish the obligation. 1215. and that he be at the same time a principal creditor of the other. Art. or if the things due are consumable. The same rule applies when the nature of the obligation requires the assumption of risk. Payment by the new debtor gives him the rights mentioned in Articles 1236 and 1237. or before a judicial declaration that the consignation has been properly made. without prejudice to the provisions of Article 1219. the loss or destruction of anything of the same kind does not extinguish the obligation. comply with the forms of donation. (3) That the two debts be due. are creditors and debtors of each other. If. he may avail himself thereof only as regards that part of the debt for which the latter are responsible. it is necessary: (1) That each one of the obligors be bound principally. 1263. and also of the same quality if the latter has been stated. 1232. compensation. 1294. The expenses of consignation. An obligation which consists in the delivery of a determinate thing shall be extinguished if it should be lost or destroyed without the fault of the debtor. Compensation shall not be proper when one of the debts arises from a depositum or from the obligations of a depositary or of a bailee in commodatum. the guarantor may set up compensation as regards what the creditor may owe the principal debtor. 1280. 1270. (n) Art. 1287. The creditor who may have executed any of these acts. (1195) Art. 1234. Payment means not only the delivery of money but also the performance. less damages suffered by the obligee. 1261. (1196) Art. When the service has become so difficult as to be manifestly beyond the contemplation of the parties. (n) Art. shall be liable to the others for the share in the obligation corresponding to them. Obligations may be modified by: (1) Changing their object or principal conditions. 32 One and the other kind shall be subject to the rules which govern inofficious donations. the debtor may ask the judge to order the cancellation of the obligation. If the obligation has been substantially performed in good faith. the creditor should authorize the debtor to withdraw the same. and requires the acceptance by the obligor. avail himself of all defenses which are derived from the nature of the obligation and of those which are personal to him. guarantors and sureties shall be released. With respect to those which personally belong to the others. confusion or remission of the debt. as well as he who collects the debt. in any other manner. the obligor is liable even for fortuitous events. in whole or in part. in actions filed by the creditor. (1203) Art. may be made even without the knowledge or against the will of the latter. In order that compensation may be proper. (2) That both debts consist in a sum of money.Art. Before the creditor has accepted the consignation. 1291. Once the consignation has been duly made. (n) Art. in their own right. Condonation or remission is essentially gratuitous. the new debtor's insolvency or nonfulfillment of the obligations shall not give rise to any liability on the part of the original debtor. In an obligation to deliver a generic thing. (1180) Art. A solidary debtor may. but not without the consent of the creditor. (n) Art. It may be made expressly or impliedly. shall be charged against the creditor. the loss of the thing does not extinguish the obligation. the obligor may also be released therefrom. (4) That they be liquidated and demandable. commenced by third persons and communicated in due time to the debtor. 1292. Express condonation shall. (1187) Compensation Art. 1279. 1278. 1262. 1267. Novation which consists in substituting a new debtor in the place of the original one. (2) Substituting the person of the debtor. The debtor in obligations to do shall also be released when the prestation becomes legally or physically impossible without the fault of the obligor. When by law or stipulation. or that the old and the new obligations be on every point incompatible with each other. 1260. Novation. (1200a) Novation Art. (1205a) Art. (1204) Art. 1266. Notwithstanding the provisions of the preceding article. 1293. allowing the obligation to remain in force. without prejudice to the provisions of paragraph 2 of Article 301. 1259. of an obligation. or pertain to his own share. (5) That over neither of them there be any retention or controversy. the obligor may recover as though there had been a strict and complete fulfillment. (n) . and he shall be responsible for damages. it is imperative that it be so declared in unequivocal terms. (1197) Art. and before he has incurred in delay. Loss Art. made by any of the solidary creditors or with any of the solidary debtors. he shall lose every preference which he may have over the thing. 1222. Compensation shall take place when two persons. If the substitution is without the knowledge or against the will of the debtor. the debtor may withdraw the thing or the sum deposited. when properly made. (1184a) Art. In order that an obligation may be extinguished by another which substitute the same. The codebtors. furthermore. (1178) Art. Neither can compensation be set up against a creditor who has a claim for support due by gratuitous title. the consignation having been made. (3) Subrogating a third person in the rights of the creditor. (1181a) Art. they be of the same kind. (1182a) Art.
and the advertiser is not bound to accept the highest or lowest bidder. and deaf-mutes who do not know how to write. (2) Object certain which is the subject matter of the contract. according to their nature. No one may contract in the name of another without being authorized by the latter. as in the acts and contracts enumerated in the following article. Innominate contracts shall be regulated by the stipulations of the parties. An offer becomes ineffective upon the death. as when the parties are bound by confidential relations. pledge and Commodatum. their assigns and heirs. Contracts take effect only between the parties. in such a case. In such cases. (1258) Art. The contracting parties must have clearly and deliberately conferred a favor upon a third person. by the person on whose behalf it has been executed. or insolvency of either party before acceptance is conveyed. (n) Art. (1254a) Art. shall be unenforceable. its validity or compliance cannot be left to the will of one of them. good customs. Acceptance made by letter or telegram does not bind the offerer except from the time it came to his knowledge. A qualified acceptance constitutes a counter-offer. usage and law. 1305. except in case where the rights and obligations arising from the contract are not transmissible by their nature. 1307. that requirement is absolute and indispensable. Art. 1326. 1318. or that a contract be proved in a certain way. 1339. 1324. (1207) Contracts Art. When the offerer has allowed the offeree a certain period to accept. 1314. Consent is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract. as something paid or promised Art. morals. in whatever form they may have been entered into. (3) Cause of the obligation which is established. or who has acted beyond his powers. An accepted unilateral promise to buy or to sell a determinate thing for a price certain is binding upon the promissor if the promise is supported by a consideration distinct from the price. before it is revoked by the other contracting party. when the law requires that a contract be in some form in order that it may be valid or enforceable. The contract. However. 1308. (1263a) Art. may be in keeping with good faith. (2) Insane or demented persons. (n) Art. 1319. A contract is a meeting of minds between two persons whereby one binds himself. Kinds/Forms Art. civil interdiction. 1357. The contract must bind both contracting parties. the right of the parties stated in the following article cannot be exercised. When the principal obligation is extinguished in consequence of a novation. Contracts are perfected by mere consent. The contracting parties may establish such stipulations. or by stipulation or by provision of law. (n) Art. constitutes fraud. once the contract has been perfected. The heir is not liable beyond the value of the property he received from the decedent. A contract entered into in the name of another by one who has no authority or legal representation. 1316. provided they are not contrary to law. (1257a) Art. terms and conditions as they may deem convenient. If the law requires a document or other special form. is presumed to have been entered into in the place where the offer was made. the contracting parties may compel each other to observe that form. Contracts shall be obligatory. 1356. This right may be exercised simultaneously with the action upon the contract. (n) Art. Advertisements for bidders are simply invitations to make proposals. public order. clauses. There is no contract unless the following requisites concur: (1) Consent of the contracting parties. except when the option is founded upon a consideration. and by the customs of the place. or public policy. when there is a duty to reveal them. 1323. (1262a) Art. The offer must be certain and the acceptance absolute. and from that moment the parties are bound not only to the fulfillment of what has been expressly stipulated but also to all the consequences which. 1479. The following cannot give consent to a contract: (1) Unemancipated minors. 1296. (1278a) Art. If a contract should contain some stipulation in favor of a third person. by the rules governing the most analogous nominate contracts. (n) Art. by the provisions of Titles I and II of this Book.Art. insanity. (1255a) Art. expressly or impliedly. to give something or to render some service. Failure to disclose facts. 1315. accessory obligations may subsist only insofar as they may benefit third persons who did not give their consent. A promise to buy and sell a determinate thing for a price certain is reciprocally demandable. Real contracts. the offer may be withdrawn at any time before acceptance by communicating such withdrawal. or unless he has by law a right to represent him. (1279a) 33 . provided all the essential requisites for their validity are present. are not perfected until the delivery of the object of the obligation. (n) Art. with respect to the other. unless it is ratified. 1327. such as deposit. A mere incidental benefit or interest of a person is not sufficient. he may demand its fulfillment provided he communicated his acceptance to the obligor before its revocation. (1256a) Art. 1311. unless the contrary appears. Any third person who induces another to violate his contract shall be liable for damages to the other contracting party. (1261) Consent Art. 1317. 1306.
from the time the guardianship ceases. In this case. In case of mistake or fraud. (f) A representation as to the credit of a third person. They are susceptible of ratification. 1381. (2) Those that do not comply with the Statute of Frauds as set forth in this number. 1399. nor can those who exerted intimidation. of such things in action or pay at the time some part of the purchase money. and the price with its interest. or by his agent. When the defect of the contract consists in the incapacity of one of the parties.Art. it can be carried out only when he who demands rescission can return whatever he may be obliged to restore. (1294) Art. These contracts are binding. (5) All other contracts specially declared by law to be subject to rescission. (e) An agreement of the leasing for a longer period than one year. undue influence or fraud. (1290) Art. price. or who has acted beyond his powers. at a price not less than five hundred pesos. persons who are capable cannot allege the incapacity of those with whom they contracted. or miscarriage of another. In the following cases an agreement hereafter made shall be unenforceable by action. 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. if the latter suffer the lesion stated in the preceding number. (1301a) Art. Ratification cleanses the contract from all its defects from the moment it was constituted. (1291a) And when the action refers to contracts entered into by minors or other incapacitated persons. (1302a) Art. (d) An agreement for the sale of goods. at the time of the sale. 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. 1391. or some of them. consequently. The following contracts are unenforceable. Contracts validly agreed upon may be rescinded in the cases established by law. (2) Those where the consent is vitiated by mistake. 1383. it is a sufficient memorandum. 1380. 1385. (2) Those agreed upon in representation of absentees. from the time of the discovery of the same. The action for annulment shall be brought within four years. unless the same. intimidation. violence. from the time the defect of the consent ceases. but when a sale is made by auction and entry is made by the auctioneer in his sales book. 1403. . (b) A special promise to answer for the debt. therefore. be in writing. it cannot be instituted except when the party suffering damage has no other legal means to obtain reparation for the same. or for the sale of real property or of an interest therein. other than a mutual promise to marry. unless the buyer accept and receive part of such goods and chattels. Neither shall rescission take place when the things which are the object of the contract are legally in the possession of third persons who did not act in bad faith. evidence. Rescission creates the obligation to return the things which were the object of the contract. VOIDABLE CONTRACTS Art. 1390. violence. The action for the annulment of contracts may be instituted by all who are thereby obliged principally or subsidiarily. indemnity for damages may be demanded from the person causing the loss. together with their fruits. of the agreement cannot be received without the writing. This period shall begin: In cases of intimidation. thereof. default. 1397. The following contracts are rescissible: (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. (3) Those undertaken in fraud of creditors when the latter cannot in any other manner collect the claims due them. unless they are annulled by a proper action in court. 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. However. (n) Art. or employed fraud. or the evidences. (1313) Art. names of the purchasers and person on whose account the sale is made. (1304) UNENFORCEABLE CONTRACTS Art. terms of sale. or undue influence. violence or undue influence. or caused mistake base their action upon these flaws of the contract. (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. and subscribed by the party charged. (c) An agreement made in consideration of marriage. of the amount and kind of property sold. chattels or things in action. The following contracts are voidable or annullable. 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. or some note or memorandum. 34 Art. 1396. The action for rescission is subsidiary.
The following contracts are inexistent and void from the beginning: (1) Those whose cause. morals. When the nullity proceeds from the illegality of the cause or object of the contract. and the person for whose benefit the trust has been created is referred to as the beneficiary. one of them is misled by a person with respect to the ownership or real right over the real estate. but after voluntary fulfillment by the obligor. A lessee or a bailee is estopped from asserting title to the thing leased or received. (2) Those which are absolutely simulated or fictitious. 1412. 1413. (6) Those where the intention of the parties relative to the principal object of the contract cannot be ascertained. When the agreement is not illegal per se but is merely prohibited. public order or public policy. if public policy is thereby enhanced. (2) When only one of the contracting parties is at fault. they shall have no action against each other. 1409. In case of a divisible contract. 1437. A person who establishes a trust is called the trustor. Art. 1436. Art. the following rules shall be observed: (1) When the fault is on the part of both contracting parties. they authorize the retention of what has been delivered or rendered by reason thereof. one in whom confidence is reposed as regards property for the benefit of another person is known as the trustee. Art. This rule shall be applicable when only one of the parties is guilty. NATURAL OBLIGATIONS Art. Estoppel may be in pais or by deed. Estopel Art. (4) Those whose object is outside the commerce of men. 1431. Interest paid in excess of the interest allowed by the usury laws may be recovered by the debtor. and the prohibition by the law is designated for the protection of the plaintiff. 35 Art. 1433. Art. (7) Those expressly prohibited or declared void by law. the obligor who voluntarily performs the contract cannot recover what he has delivered or the value of the service he has rendered. When in a contract between third persons concerning immovable property. When a person who is not the owner of a thing sells or alienates and delivers it. as against the lessor or bailor. neither may recover what he has given by virtue of the contract. the former cannot subsequently set up his own title as against the buyer or grantee. who is not at fault.(3) Those where both parties are incapable of giving consent to a contract VOID AND INEXISTENT CONTRACTS Art. and shall not be bound to comply with his promise. Trust Art. Some natural obligations are set forth in the following articles. 1423. . (1306) Art. such title passes by operation of law to the buyer or grantee. not being based on positive law but on equity and natural law. If a person in representation of another sells or alienates a thing. Art. These contracts cannot be ratified. the latter may be enforced. or ask for the fulfillment of what has been promised him. (5) Those which contemplate an impossible service. 1440. The other. Obligations are civil or natural. (3) Those whose cause or object did not exist at the time of the transaction. Neither can the right to set up the defense of illegality be waived. but the innocent one may claim what he has given. with interest thereon from the date of the payment. and cannot be denied or disproved as against the person relying thereon. The action or defense for the declaration of the inexistence of a contract does not prescribe. if the illegal terms can be separated from the legal ones. Art. provided all these requisites are present: (1) There must be fraudulent representation or wrongful concealment of facts known to the party estopped. good customs. 1420. (2) The party precluded must intend that the other should act upon the facts as misrepresented. may demand the return of what he has given without any obligation to comply his promise. (3) The party misled must have been unaware of the true facts. Civil obligations give a right of action to compel their performance. he cannot recover what he has given by reason of the contract. Natural obligations. object or purpose is contrary to law. do not grant a right of action to enforce their performance. 1434. Natural Obligation Art. both parties being in pari delicto. he may. Through estoppel an admission or representation is rendered conclusive upon the person making it. recover what he has paid or delivered. Art. 1424. the provisions of the Penal Code relative to the disposal of effects or instruments of a crime shall be applicable to the things or the price of the contract. and (4) The party defrauded must have acted in accordance with the misrepresentation. If the act in which the unlawful or forbidden cause consists does not constitute a criminal offense. When a right to sue upon a civil obligation has lapsed by extinctive prescription. or demand the performance of the other's undertaking. 1410. and both shall be prosecuted. 1416. (1305) Art. Moreover. the latter is precluded from asserting his legal title or interest therein. and later the seller or grantor acquires title thereto. Art. 1435. 1411. and the act constitutes a criminal offense.
When goods are delivered to the buyer "on sale or return" to give the buyer an option to return the goods instead of paying the price. reserve the right of possession or ownership in the goods until certain conditions have been fulfilled. But. By the contract of sale one of the contracting parties obligates himself to transfer the ownership and to deliver a determinate thing. by force of law. the ownership would have passed to the buyer on shipment of the goods. When there is a contract of sale of specific goods. If property is acquired through mistake or fraud. 1449. considered a trustee of an implied trust for the benefit of the person from whom the property comes. the provisions of the first paragraph of article 1498 shall govern. There may also be tradition constitutum possessorium. however. or goods from the buyer will obtain the ownership in the goods. while the latter is the beneficiary. When land passes by succession to any person and he causes the legal title to be put in the name of another. it being disputably presumed that there is a gift in favor of the child. but when the ownership therein is transferred to the buyer the goods are at the buyer's risk whether actual delivery has been made or not. What is a reasonable time is a question of fact. The former is the trustee. The right of possession or ownership may be thus reserved notwithstanding the delivery of the goods to the buyer or to a carrier or other bailee for the purpose of transmission to the buyer. the seller's property in the goods shall be deemed to be only for the purpose of securing performance by the buyer of his obligations under the contract. the placing of the titles of ownership in the possession of the vendee or the use by the vendee of his rights. the goods are at the buyer's risk from the time of such delivery. With respect to incorporeal property. 1502. and the other to pay therefor a price certain in money or its equivalent. if the person to whom the title is conveyed is a child. with the vendor's consent. provided that such purchaser has received delivery of the bill of lading indorsed by the consignee named therein. the goods remain at the seller's risk until the ownership therein is transferred to the buyer. (1464) Art. Art. the bill of lading. or is indorsed in blank. although the bill of exchange has not been honored. There is an implied trust when property is sold. (n) Art. 1443. the bill of lading provides that the goods are deliverable to the buyer or to the order of the buyer. Where goods are shipped. In any other case wherein said provisions are not applicable. However. 1459. the person obtaining it is. or transfer it to another or the grantor. then if a time has been fixed for the return of the goods. 1451. Where the seller of goods draws on the buyer for the price and transmits the bill of exchange and bill of lading together to the buyer to secure acceptance or payment of the bill of exchange. 1458. of the one paying the price of the sale. but he may revest the ownership in the seller by returning or tendering the goods within the time fixed in the contract. Unless otherwise agreed. (n) Art. and. 1453. 1456. the ownership therein passes to the buyer: (1) When he signifies his approval or acceptance to the seller or does any other act adopting the transaction.Art. by the terms of the contract. Sales Art. if no time has been fixed. 1501. or to the order of the seller or of his agent. he nevertheless is either to have no beneficial interest or only a part thereof. shall be understood as a delivery. there is an implied trust in favor of the person whose benefit is contemplated. Art. (2) Where actual delivery has been delayed through the fault of either the buyer or seller the goods are at the risk of the party in fault. on the expiration of such time. but retains the goods without giving notice of rejection. without notice of the facts making the transfer wrongful. the seller thereby reserves a right to the possession of the goods as against the buyer. on the expiration of a reasonable time. 1500. except that: (1) Where delivery of the goods has been made to the buyer or to a bailee for the buyer. Art. The delivery of movable property may likewise be made by the mere consent or agreement of the contracting parties. within a reasonable time. Where goods are shipped. When property is conveyed to a person in reliance upon his declared intention to hold it for. one who purchases in good faith. (1463a) Art. and by the bill of lading the goods are deliverable to the seller or his agent. or. (1445a) Art. and if he wrongfully retains the bill of lading he acquires no added right thereby. (n) Art. and the legal estate is granted to one party but the price is paid by another for the purpose of having the beneficial interest of the property. a trust is established by implication of law for the benefit of the true owner. (2) If he does not signify his approval or acceptance to the seller. or other similar terms. 1503. and by the bill of lading the goods are deliverable to order of the buyer or of his agent. legitimate or illegitimate. no trust is implied by law. but possession of the bill of lading is retained by the seller or his agent. (n) When goods are delivered to the buyer on approval or on trial or on satisfaction. for value. No express trusts concerning an immovable or any interest therein may be proved by parol evidence. if no time has been fixed. the seller thereby reserves the ownership in the goods. the ownership passes to the buyer of delivery. the seller may. If. if except for the form of the bill of lading. 1448. Art. Art. The thing must be licit and the vendor must have a right to transfer the ownership thereof at the time it is delivered. if the thing sold cannot be transferred to the possession of the vendee at the time of the sale. 1499. A contract of sale may be absolute or conditional. or to the buyer by the consignee named therein. (n) 36 . in pursuance of the contract and the ownership in the goods has been retained by the seller merely to secure performance by the buyer of his obligations under the contract. There is also an implied trust when a donation is made to a person but it appears that although the legal estate is transmitted to the donee. or if the latter already had it in his possession for any other reason. (n) Art. or of the goods. 1504. the buyer is bound to return the bill of lading if he does not honor the bill of exchange.
1485. (n) Art. 1470. Should there be no inscription. should the vendee fail to pay. or in any other manner signifying an agreement that the possession is transferred from the vendor to the vendee. (2) Cancel the sale. An accepted unilateral promise to buy or to sell a determinate thing for a price certain is binding upon the promissor if the promise is supported by a consideration distinct from the price. (n) Art. 1477. unless otherwise provided by law or by stipulation. Unless otherwise agreed. 1505. 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. A promise to buy and sell a determinate thing for a price certain is reciprocally demandable. 1482. (n) Art. (1454a) Art. 1484. Should it be immovable property. and who does not sell them under authority or with the consent of the owner. provided there is good faith. 1478. (1451a) Art. 1496. the ownership shall belong to the person acquiring it who in good faith first recorded it in the Registry of Property. a stipulation that the installments or rents paid shall not be returned to the vendee or lessee shall be valid insofar as the same may not be unconscionable under the circumstances. (1462a) Art. (1454-A-a) Art. except as it may indicate a defect in the consent. (1454-A-a) Art. If the same thing should have been sold to different vendees. if it should be movable property. it shall be considered as part of the price and as proof of the perfection of the contract. the ownership shall pertain to the person who in good faith was first in the possession. in the absence thereof. to employ or induce any person to bid at such sale on behalf of the seller or knowingly to take any bid from the seller or any person employed by him. to the person who presents the oldest title. In this case. Any sale contravening this rule may be treated as fraudulent by the buyer. 1479. (1473) Art. Until such announcement is made. should the vendee's failure to pay cover two or more installments. in pursuance of the contract and the ownership in the goods has been retained by the seller merely to secure performance by the buyer of his obligations under the contract. unless the owner of the goods is by his conduct precluded from denying the seller's authority to sell. but when the ownership therein is transferred to the buyer the goods are at the buyer's risk whether actual delivery has been made or not. In the case of a sale by auction: (1) Where goods are put up for sale by auction in lots. Gross inadequacy of price does not affect a contract of sale. (n) Art. (n) Art. 1486. (2) Where actual delivery has been delayed through the fault of either the buyer or seller the goods are at the risk of the party in fault. any bidder may retract his bid. the vendor may exercise any of the following remedies: (1) Exact fulfillment of the obligation. (3) A right to bid may be reserved expressly by or on behalf of the seller. (3) Foreclose the chattel mortgage on the thing sold. 1544. 1475. In a contract of sale of personal property the price of which is payable in installments. and the auctioneer may withdraw the goods from the sale unless the auction has been announced to be without reserve. Any agreement to the contrary shall be void. he shall have no further action against the purchaser to recover any unpaid balance of the price. (4) Where notice has not been given that a sale by auction is subject to a right to bid on behalf of the seller. (2) A sale by auction is perfected when the auctioneer announces its perfection by the fall of the hammer. The preceding article shall be applied to contracts purporting to be leases of personal property with option to buy. except that: (1) Where delivery of the goods has been made to the buyer or to a bailee for the buyer. should the vendee's failure to pay cover two or more installments. the ownership shall be transferred to the person who may have first taken possession thereof in good faith. the parties may reciprocally demand performance. Nothing in this Title. subject to the provisions of the law governing the form of contracts. shall affect: 37 . (1450a) Art. The ownership of the thing sold shall be transferred to the vendee upon the actual or constructive delivery thereof. The parties may stipulate that ownership in the thing shall not pass to the purchaser until he has fully paid the price. 1476. the buyer acquires no better title to the goods than the seller had. and. Whenever earnest money is given in a contract of sale. each lot is the subject of a separate contract of sale. when the lessor has deprived the lessee of the possession or enjoyment of the thing. 1497. In the case referred to in two preceding articles. the goods are at the buyer's risk from the time of such delivery. Subject to the provisions of this Title. it shall not be lawful for the seller to bid himself or to employ or induce any person to bid at such sale on his behalf or for the auctioneer. or that the parties really intended a donation or some other act or contract. the goods remain at the seller's risk until the ownership therein is transferred to the buyer. when it is placed in the control and possession of the vendee. (n) Art. where goods are sold by a person who is not the owner thereof. however. or in other customary manner. From that moment. 1504. if one has been constituted. (n) Art. The thing sold shall be understood as delivered.Art. 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.
1545. (1473 Art. 1559. (1504a) Art. (n) OBLIGATIONS OF THE VENDOR Art. expressly or by implication. 1592. 1544. (1507) Art. except that: (1) Where delivery of the goods has been made to the buyer or to a bailee for the buyer. (n) Art. Where the obligation of either party to a contract of sale is subject to any condition which is not performed. the goods remain at the seller's risk until the ownership therein is transferred to the buyer. or in fairs. or whether the breach is severable. in the absence thereof. If the same thing should have been sold to different vendees. whether the breach of contract is so material as to justify the injured party in refusing to proceed further and suing for damages for breach of the entire contract. with the obligation to comply with the provisions of Article 1616 and other stipulations which may have been agreed upon. and the seller makes defective deliveries in respect of one or more instalments. even after the expiration of the period. within the time fixed in the Rules of Court for answering the complaint. or for those which are not visible if the vendee is an expert who. should they render it unfit for the use for which it is intended. In a sale of goods. If the other party has promised that the condition should happen or be performed. Unless otherwise agreed. had the vendee been aware thereof. The defendant vendee shall ask. the ownership shall pertain to the person who in good faith was first in the possession. After the demand. (1484a) 38 Art. 1583. or markets. makes known to the seller the particular purpose for which the goods are acquired. the ownership shall belong to the person acquiring it who in good faith first recorded it in the Registry of Property. . there is an implied warranty that the goods shall be of merchantable quality. in pursuance of the contract and the ownership in the goods has been retained by the seller merely to secure performance by the buyer of his obligations under the contract. Where the ownership in the thing has not passed. but when the ownership therein is transferred to the buyer the goods are at the buyer's risk whether actual delivery has been made or not. Should it be immovable property. and it appears that the buyer relies on the seller's skill or judgment (whether he be the grower or manufacturer or not). (2) Where actual delivery has been delayed through the fault of either the buyer or seller the goods are at the risk of the party in fault. the buyer of goods is not bound to accept delivery thereof by installments. 1504. 1537. (2) When the vendor remains in possession as lessee or otherwise. he would not have acquired it or would have given a lower price for it. 1601. and. Where there is a contract of sale of goods to be delivered by stated installments. 1562. by reason of his trade or profession. (3) Purchases made in a merchant's store. should have known them. to the person who presents the oldest title. in any of the following cases: (1) When the price of a sale with right to repurchase is unusually inadequate. if it should be movable property. 1602. Unless otherwise agreed. giving rise to a claim for compensation but not to a right to treat the whole contract as broken. (n) Art. All the fruits shall pertain to the vendee from the day on which the contract was perfected. the ownership shall be transferred to the person who may have first taken possession thereof in good faith. Conventional redemption shall take place when the vendor reserves the right to repurchase the thing sold. (1468a) Art. in accordance with the Code of Commerce and special laws. there is an implied warranty that the goods shall be reasonably fit for such purpose. or any other provision of law enabling the apparent owner of goods to dispose of them as if he were the true owner thereof. which are to be separately paid for.(1) The provisions of any factors' act. provided there is good faith. or should they diminish its fitness for such use to such an extent that. as follows: (1) Where the buyer. the vendee may pay. it depends in each case on the terms of the contract and the circumstances of the case. the buyer may treat the fulfillment by the seller of his obligation to deliver the same as described and as warranted expressly or by implication in the contract of sale as a condition of the obligation of the buyer to perform his promise to accept and pay for the thing. (n) Art. such first mentioned party may also treat the nonperformance of the condition as a breach of warranty. recording laws. the court may not grant him a new term. The vendor shall be responsible for warranty against the hidden defects which the thing sold may have. but said vendor shall not be answerable for patent defects or those which may be visible. there is an implied warranty or condition as to the quality or fitness of the goods. 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. that the vendor be made a co-defendant. (2) Where the goods are brought by description from a seller who deals in goods of that description (whether he be the grower or manufacturer or not). (n) Art. even though it may have been stipulated that upon failure to pay the price at the time agreed upon the rescission of the contract shall of right take place. The contract shall be presumed to be an equitable mortgage. as long as no demand for rescission of the contract has been made upon him either judicially or by a notarial act. In the sale of immovable property. the goods are at the buyer's risk from the time of such delivery. Should there be no inscription. (2) The validity of any contract of sale under statutory power of sale or under the order of a court of competent jurisdiction. such party may refuse to proceed with the contract or he may waive performance of the condition. (1482a) Art. 1561. or the buyer neglects or refuses without just cause to take delivery of or pay for one more instalments.
(1521a) Art. or other benefit to be received by the vendee as rent or otherwise shall be considered as interest which shall be subject to the usury laws. If the price of the alienation is grossly excessive. are sold to a third person. If the re-sale has been perfected. the period cannot exceed ten years. and the interest on the price from the day on which the same was paid. the redemptioner shall pay only a reasonable one. 1607. or by any other transaction whereby ownership is transmitted by onerous title. shall last four years from the date of the contract. In any of the foregoing cases. (n) Art. unless accompanied by an affidavit of the vendor that he has given written notice thereof to all possible redemptioners. In the cases referred to in Articles 1602 and 1604. Legal redemption is the right to be subrogated. 1622. after the vendor has been duly heard. When a credit or other incorporeal right in litigation is sold. The right referred to in Article 1601. A co-owner of a thing may exercise the right of redemption in case the shares of all the other co-owners or of any of them. This right is not applicable to adjacent lands which are separated by brooks. However. or by the vendor. (5) When the vendor binds himself to pay the taxes on the thing sold. the owner of the adjoining land shall have a right of redemption. upon the same terms and conditions stipulated in the contract. 1624. Whenever a piece of urban land which is so small and so situated that a major portion thereof cannot be used for any practical purpose within a reasonable time. The owners of adjoining lands shall also have the right of redemption when a piece of rural land. Should there be an agreement. any money. 1620. 1621. (1524a) Art. (1522a) Art. as the case may be. When two or more owners of adjoining lands wish to exercise the right of pre-emption or redemption. the one who first requested the redemption. the vendor may still exercise the right to repurchase within thirty days from the time final judgment was rendered in a civil action on the basis that the contract was a true sale with right to repurchase. (n) one who acquires a thing by purchase or dation in payment. they may only do so in proportion to the share they may respectively have in the thing owned in common. (n) Art. 1606. fruits. The deed of sale shall not be recorded in the Registry of Property. having been bought merely for speculation. also at a reasonable price. The provisions of Article 1602 shall also apply to a contract purporting to be an absolute sale. or by any other transaction whereby ownership is transmitted by onerous title. (4) When the purchaser retains for himself a part of the purchase price. The right of legal pre-emption or redemption shall not be exercised except within thirty days from the notice in writing by the prospective vendor. (1523a) Art. in the absence of an express agreement. the owner whose intended use of the land in question appears best justified shall be preferred. roads and other apparent servitudes for the benefit of other estates. unless the grantee does not own any rural land. 1619. In case of real property. in the place of 39 Assignment Of Credits And Other Incorporeal Rights Art. In case of doubt. is alienated. the area of which does not exceed one hectare. the judicial costs incurred by him. and should both lands have the same area.(3) When upon or after the expiration of the right to repurchase another instrument extending the period of redemption or granting a new period is executed. 1603. An assignment of creditors and other incorporeal rights shall be perfected in accordance with the provisions of Article 1475. (1521a) Legal Redemption Art. The right of redemption of co-owners excludes that of adjoining owners. is about to be re-sold. If two or more adjoining owners desire to exercise the right of redemption at the same time. 1619. 1634. the debtor shall have a right to extinguish it by reimbursing the assignee for the price the latter paid therefor. ravines. the owner of the adjoining land of smaller area shall be preferred. 1605. (6) In any other case where it may be fairly inferred that the real intention of the parties is that the transaction shall secure the payment of a debt or the performance of any other obligation. (n) Art. and any other legitimate payments made by reason of the sale. the apparent vendor may ask for the reformation of the instrument. Legal redemption is the right to be subrogated. a contract purporting to be a sale with right to repurchase shall be construed as an equitable mortgage. . 1604. (1518) Art. upon the same terms and conditions stipulated in the contract. The vendor cannot avail himself of the right of repurchase without returning to the vendee the price of the sale. the owner of any adjoining land has a right of pre-emption at a reasonable price. 1616. 1623. (2) The necessary and useful expenses made on the thing sold. drains. in the place of one who acquires a thing by purchase or dation in payment. (n) Art. Should two or more co-owners desire to exercise the right of redemption. (n) Art. and in addition: (1) The expenses of the contract. (1508a) Art. the consolidation of ownership in the vendee by virtue of the failure of the vendor to comply with the provisions of article 1616 shall not be recorded in the Registry of Property without a judicial order. (n) Art.
Art. The lessee is responsible for the deterioration or loss of the thing leased. The other terms of the original contract shall be revived. or of work and service. the sublessee shall not be responsible beyond the amount of rent due from him. If the lessor or the lessee should not comply with the obligations set forth in Articles 1654 and 1657. (1548a) Art. or from an inevitable cause. but for the time established in Articles 1682 and 1687. If the buyer makes use of this right. When in the contract of lease of things there is no express prohibition. unless he proves that it took place without his fault. so far as the lessor's claim is concerned. (3) To maintain the lessee in the peaceful and adequate enjoyment of the lease for the entire duration of the contract. has expired. (1552a) Art. 1665. (1556) Art. (4) When the lessee devotes the thing leased to any use or service not stipulated which causes the deterioration thereof. flood. without prejudice to his responsibility for the performance of the contract toward the lessor. the father or guardian as to the property of the minor or ward. to that which may be inferred from the nature of the thing leased. the aggrieved party may ask for the rescission of the contract and indemnification for damages. 1670. the lease is extinguished. (2) Lack of payment of the price stipulated. 1659. The lessor may judicially eject the lessee for any of the following causes: (1) When the period agreed upon. 1657. (n) (2) To use the thing leased as a diligent father of a family. 1650. at the time of the extrajudicial demand by the lessor. If at the end of the contract the lessee should continue enjoying the thing leased for fifteen days with the acquiescence of the lessor. (n) Art. or by ordinary wear and tear. The ejectment of tenants of agricultural lands is governed by special laws. (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. 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. Without prejudice to his obligation toward the sublessor. (1562) Art. 1654. 1642. 1655. (1535) Lease Art. the following persons cannot constitute the same without proper authority: the husband with respect to the wife's paraphernal real estate. 1676. This burden of proof on the lessee does not apply when the destruction is due to earthquake. (3) To pay expenses for the deed of lease. The contract of lease may be of things. (1550) Art. 1673. (1551) Art. (1563a) Art. save when there is a stipulation to the contrary in the contract of sale. and the manager without special power. 1651. The lessee shall return the thing leased. If the destruction is partial. in whole or in part. allowing the contract to remain in force. (3) Violation of any of the conditions agreed upon in the contract. the lessee may sublet the thing leased. If a lease is to be recorded in the Registry of Property. The lessee is obliged: (1) To pay the price of the lease according to the terms stipulated. Art. In the absence of a statement concerning the condition of the thing at the time the lease was constituted. Payments of rent in advance by the sublessee shall be deemed not to have been made. The purchaser of a piece of land which is under a lease that is not recorded in the Registry of Property may terminate the lease. 2 of Article 1657. or that which is fixed for the duration of leases under Articles 1682 and 1687. the lessee may demand that he be allowed to gather the fruits of the harvest which corresponds to the current agricultural year and that the vendor indemnify him for damages suffered. unless there is proof to the contrary. 1647. (1554a) Art. devoting it to the use stipulated. not for the period of the original contract. 1649. However. . (1555) Art. it is understood that there is an implied new lease. The debtor may exercise his right within thirty days from the date the assignee demands payment from him. the lessee may choose between a proportional reduction of the rent and a rescission of the lease.A credit or other incorporeal right shall be considered in litigation from the time the complaint concerning the same is answered. save what has been lost or impaired by the lapse of time. in accordance with the terms of the sublease. as he received it. storm or other natural calamity. unless said payments were effected in virtue of the custom of the place. 1667. 1652. or if he does not observe the requirement in No. the law presumes that the lessee received it in good condition. 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. and in the absence of stipulation. or only the latter. The sublessee is subsidiarily liable to the lessor for any rent due from the lessee. unless there is a stipulation to the contrary. according to the custom of the place. upon the termination of the lease. (1561a) Art. unless there is a stipulation to the contrary. 1666. (1542) Art. The lessee cannot assign the lease without the consent of the lessor. or when the purchaser knows of the existence of the lease. 40 Art. as regards the use thereof. If the thing leased is totally destroyed by a fortuitous event. and unless a notice to the contrary by either party has previously been given.
1727. but he may remove the ornamental objects. provided no damage is caused to the principal thing. 1678. the supposed vendee cannot make use of the right granted in the first paragraph of this article. even though the principal thing may suffer damage thereby. and 7. (1593a) Art. 1677. he shall be solidarily liable with the contractor. and the lessor does not choose to retain them by paying their value at the time the lease is extinguished. when its duration has not been fixed. The contractor who undertakes to build a structure or any other work for a stipulated price. The sale is presumed to be fictitious if at the time the supposed vendee demands the termination of the lease. closed shop. however. 1724. 5. A common carrier is bound to carry the passengers . and (2) The additional price to be paid to the contractor has been determined in writing by both parties. 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. within the same period. and 1745. The relations between capital and labor are not merely contractual. Therefore. the sale is not recorded in the Registry of Property. even though the principal thing may suffer damage thereby. for the purpose of extinguishing the lease. Nos. The lease of a piece of rural land. (n) Art. Such extraordinary diligence in the vigilance over the goods is further expressed in Articles 1734. If the lessee makes. 1733. 1723. (1581a) Contract of Labor Art. (n) Art. If the lessee makes. The purchaser in a sale with the right of redemption cannot make use of the power to eject the lessee until the end of the period for the redemption. the lessor upon the termination of the lease shall pay the lessee onehalf of the value of the improvements at that time. Art. working conditions. 6. (1572) Art. or due to any violation of the terms of the contract. In case of doubt. on account of defects in the construction or the use of materials of inferior quality furnished by him. If the rent is weekly. if it is monthly. from month to month. the courts may likewise determine a longer 41 period after the lessee has been in possession for over six months. however. if the rent agreed upon is annual. useful improvements which are suitable to the use for which the lease is intended. the same should collapse by reason of a defect in those plans and specifications. does not imply waiver of any of the cause of action by reason of any defect mentioned in the preceding paragraph.If the sale is fictitious. 1680. or by reason of the loss of fruits due to ordinary fortuitous events. save when there has been a change in the plans and specifications. Safety of Passengers Art. Should the lessor refuse to reimburse said amount. They are so impressed with public interest that labor contracts must yield to the common good. 1700. cause any more impairment upon the property leased than is necessary. from week to week. without altering the form or substance of the property leased. unusual flood. are bound to observe extraordinary diligence in the vigilance over the goods and for the safety of the passengers transported by them. Common carriers. even though a monthly rent is paid. If the period for the lease has not been fixed. (1571a) Art. The contractor is responsible for the work done by persons employed by him. 1682. (1596) Art. and from day to day. provided no damage is caused to the principal thing. pestilence. 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. the lessee shall not be entitled to any reimbursement. 1755. but he may remove the ornamental objects. while the extraordinary diligence for the safety of the passengers is further set forth in Articles 1755 and 1756. without altering the form or substance of the property leased. or which it may yield once. save always when there is a specific stipulation to the contrary. it is understood to be from year to year. the lessee shall not be entitled to any reimbursement. (n) Art. Extraordinary fortuitous events are understood to be: fire. He shall not. With regard to ornamental expenses. Art. can neither withdraw from the contract nor demand an increase in the price on account of the higher cost of labor or materials. Acceptance of the building. With regard to ornamental expenses. (1575) Art. provided: (1) Such change has been authorized by the proprietor in writing. useful improvements which are suitable to the use for which the lease is intended. Should the lessor refuse to reimburse said amount. 1678. the lessee may remove the improvements. if the rent is to be paid daily. In case of daily rent. in good faith. The action must be brought within ten years following the collapse of the building. If the engineer or architect supervises the construction. locusts. He shall not. if the rent is weekly. collective bargaining. the lessor upon the termination of the lease shall pay the lessee onehalf of the value of the improvements at that time. the courts may fix a longer term for the lease after the lessee has occupied the premises for over one year. in good faith. or others which are uncommon. and no period for the lease has been set. earthquake. strikes and lockouts. The lessee shall have no right to a reduction of the rent on account of the sterility of the land leased. (1577a) Art. and the lessor does not choose to retain them by paying their value at the time the lease is extinguished. 1687. hours of labor and similar subjects. 1702. The contractor is likewise responsible for the damages if the edifice falls. according to all the circumstances of each case. The engineer or architect who drew up the plans and specifications for a building is liable for damages if within fifteen years from the completion of the structure. all labor legislation and all labor contracts shall be construed in favor of the safety and decent living for the laborer. wages. the courts may also fix a longer period after the lessee has stayed in the place for over one month. the lessee may remove the improvements. cause any more impairment upon the property leased than is necessary. 1735. although two or more years have to elapse for the purpose. such contracts are subject to the special laws on labor unions. and which the contracting parties could not have reasonably foreseen. war. from the nature of their business and for reasons of public policy. after completion. in conformity with plans and specifications agreed upon with the land-owner. or due to the defects in the ground. However.
Art. 1799. In determining whether a partnership exists. (n) Art. and if he should do so. concerning Damages. Damages in cases comprised in this Section shall be awarded in accordance with Title XVIII of this Book. 1759. or otherwise. property. Art. or industry to a common fund. (1689a) Art. (3) The sharing of gross returns does not of itself establish a partnership. This liability of the common carriers does not cease upon proof that they exercised all the diligence of a good father of a family in the selection and supervision of their employees. (e) As the consideration for the sale of a goodwill of a business or other property by installments or otherwise. but the amount of damages shall be equitably reduced. The losses and profits shall be distributed in conformity with the agreement. 1757. In case of death of or injuries to passengers. 1762. Art. Art. he shall also receive a share in the profits in proportion to his capital. Art. By the contract of partnership two or more persons bind themselves to contribute money. 1797. the capitalist partners may either exclude him from the firm or avail themselves of the benefits which he may have obtained in violation of this provision. 1769. Art. Common carriers are liable for the death of or injuries to passengers through the negligence or wilful acts of the former's employees. a stipulation limiting the common carrier's liability for negligence is valid. If only the share of each partner in the profits has been agreed upon. (1665a) Art. (c) As an annuity to a widow or representative of a deceased partner. with a due regard for all the circumstances. In the absence of stipulation. 1789. the share of each partner in the profits and losses shall be in proportion to what he may have contributed. The reduction of fare does not justify any limitation of the common carrier's liability. 1763. by the posting of notices. common carriers are presumed to have been at fault or to have acted negligently. Persons who are prohibited from giving each other any donation or advantage cannot enter into universal partnership. 1756. Art. by statements on tickets. unless they prove that they observed extraordinary diligence as prescribed in Articles 1733 and 1755. though the amount of payment vary with the profits of the business. The responsibility of a common carrier for the safety of passengers as required in Articles 1733 and 1755 cannot be dispensed with or lessened by stipulation. An industrial partner cannot engage in business for himself. whether such-co-owners or copossessors do or do not share any profits made by the use of the property. with a right to damages in either case. Art. (d) As interest on a loan. whether or not the persons sharing them have a joint or common right or interest in any property from which the returns are derived. 1782. When a passenger is carried gratuitously. A common carrier is responsible for injuries suffered by a passenger on account of the wilful acts or negligence of other passengers or of strangers. with the intention of dividing the profits among themselves. persons who are not partners as to each other are not partners as to third persons. Two or more persons may also form a partnership for the exercise of a profession. (2) Co-ownership or co-possession does not of itself establish a partnership. (b) As wages of an employee or rent to a landlord. The passenger must observe the diligence of a good father of a family to avoid injury to himself.safely as far as human care and foresight can provide. The contributory negligence of the passenger does not bar recovery of damages for his death or injuries. the share of each in the losses shall be in the same proportion. The common carrier's responsibility prescribed in the preceding article cannot be eliminated or limited by stipulation. but no such inference shall be drawn if such profits were received in payment: (a) As a debt by installments or otherwise. (n) Art. If besides his services he has contributed capital. by statements on the tickets or otherwise. 1767. (1691) 42 . Article 2206 shall also apply to the death of a passenger caused by the breach of contract by a common carrier Partnership Art. (4) The receipt by a person of a share of the profits of a business is prima facie evidence that he is a partner in the business. 1758. 1761. unless the partnership expressly permits him to do so. if the proximate cause thereof is the negligence of the common carrier. these rules shall apply: (1) Except as provided by Article 1825. As for the profits. but not for wilful acts or gross negligence. if the common carrier's employees through the exercise of the diligence of a good father of a family could have prevented or stopped the act or omission. by the posting of notices. using the utmost diligence of very cautious persons. A stipulation which excludes one or more partners from any share in the profits or losses is void. the industrial partner shall receive such share as may be just and equitable under the circumstances. 1764. 1760. but the industrial partner shall not be liable for the losses. although such employees may have acted beyond the scope of their authority or in violation of the orders of the common carriers. Art. (1677) Art.
the matter shall be decided by the partners owning the controlling interest. whether the representation has or has not been made or communicated to such person so giving credit by or with the knowledge of the apparent partner making the representation or consenting to its being made: (1) When a partnership liability results. under its signature and by a person authorized to act for the partnership. represents himself. shall be liable pro rata with all their property and after all the partnership assets have been exhausted. Any capitalist partner violating this prohibition shall bring to the common funds any profits accruing to him from his transactions. including the execution in the partnership name of any instrument. and shall personally bear all the losses. so consenting to the contract or representation as to incur liability. unless there is a stipulation to the contrary. as against the other partners in the absence of agreement. for apparently carrying on in the usual way the business of the partnership of which he is a member binds the partnership. (n) Art. he is an agent of the persons consenting to such representation to bind them to the same extent and in the same 43 . and the act of every partner. loss or injury is caused to any person. 1816. If two or more partners have been intrusted with the management of the partnership without specification of their respective duties. but if any of them should oppose the acts of the others. not being a partner in the partnership.Art. the decision of the majority shall prevail. for the contracts which may be entered into in the name and for the account of the partnership. or without a stipulation that one of them shall not act without the consent of all the others. No act of a partner in contravention of a restriction on authority shall bind the partnership to persons having knowledge of the restriction. (1693a) Art. (4) Confess a judgment. but the associate shall not be admitted into the partnership without the consent of all the other partners. or any penalty is incurred. entitle the assignee. (2) When no partnership liability results. (3) Do any other act which would make it impossible to carry on the ordinary business of a partnership. (n) Art. and his power is irrevocable without just or lawful cause. given credit to the actual or apparent partnership. When a person has been thus represented to be a partner in an existing partnership. In case of a tie. on the faith of such representation. 1825. 1801. if any. However. who has. and the person with whom he is dealing has knowledge of the fact that he has no such authority. An act of a partner which is not apparently for the carrying on of business of the partnership in the usual way does not bind the partnership unless authorized by the other partners. (n) Art. or. otherwise separately. unless the partner so acting has in fact no authority to act for the partnership in the particular matter. or consents to another representing him to anyone. (1696) Art. by words spoken or written or by conduct. the assignee is entitled to receive his assignor's interest and may require an account from the date only of the last account agreed to by all the partners. as a partner in an existing partnership or with one or more persons not actual partners. (n) Art. he is liable to any such persons to whom such representation has been made. and if he has made such representation or consented to its being made in a public manner he is liable to such person. he is liable as though he were an actual member of the partnership. However. Every partner is an agent of the partnership for the purpose of its business. In case of a dissolution of the partnership. (n) Art. All partners are liable solidarily with the partnership for everything chargeable to the partnership under Articles 1822 and 1823. each one may separately execute all acts of administration. 1822. All partners. but it merely entitles the assignee to receive in accordance with his contract the profits to which the assigning partner would otherwise be entitled. (5) Enter into a compromise concerning a partnership claim or liability. one or more but less than all the partners have no authority to: (1) Assign the partnership property in trust for creditors or on the assignee's promise to pay the debts of the partnership. or with one or more persons not actual partners. unless he should act in bad faith. to interfere in the management or administration of the partnership business or affairs. A power granted after the partnership has been constituted may be revoked at any time. 1804. (7) Renounce a claim of the partnership. 1813. or to require any information or account of partnership transactions. the assignee may avail himself of the usual remedies. (1692a) Art. 1808. (6) Submit a partnership claim or liability to arbitration. When a person. (2) Dispose of the good-will of the business. A conveyance by a partner of his whole interest in the partnership does not of itself dissolve the partnership. The partner who has been appointed manager in the articles of partnership may execute all acts of administration despite the opposition of his partners. (n) Art. even if the partner having an associate should be a manager. he is liable pro rata with the other persons. or to inspect the partnership books. during the continuance of the partnership. 1800. in case of fraud in the management of the partnership. The capitalist partners cannot engage for their own account in any operation which is of the kind of business in which the partnership is engaged. the partnership is liable therefor to the same extent as the partner so acting or omitting to act. Except when authorized by the other partners or unless they have abandoned the business. any partner may enter into a separate obligation to perform a partnership contract. The vote of the partners representing the controlling interest shall be necessary for such revocation of power. 1818. 1824. including industrial ones. Where. Every partner may associate another person with him in his share. by any wrongful act or omission of any partner acting in the ordinary course of the business of the partnership or with the authority of co-partners.
and in like manner indemnify him against all present or future partnership liabilities. 1830. (b) By the express will of any partner. (8) By decree of court under the following article.manner as though he were a partner in fact. 1 (b). (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. where the circumstances do not permit a dissolution under any other provision of this article. unless otherwise agreed. . the party entitled to rescind is. provided they secure the payment by bond approved by the court. to damages breach of the agreement. (2) In contravention of the agreement between the partners. may do so. the value of his interest in the partnership at the dissolution. he shall receive in cash only the net amount due him from the partnership. 1838. in any case by the loss of the thing. ascertained and paid to him in cash. and the surplus applied to pay in cash the net amount owing to the respective partners. less any damage caused to his co-partners by the dissolution. without prejudice to any other right. (5) By the death of any partner. (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. as against his co-partners and all persons claiming through them in respect of their interests in the partnership. No. (n) Art. either before or after the termination of any specified term or particular undertaking. of this article. as against each partner who has caused the dissolution wrongfully. bona fide under the partnership agreement and if the expelled partner is discharged from all partnership liabilities. less any damages recoverable under the second paragraph. has only transferred to the partnership the use or enjoyment of the same. a partnership act or obligation results. of this article. (7) By the civil interdiction of any partner. (6) By the insolvency of any partner or of the partnership. the right as against his co-partners and all claiming through them in respect of their interests in the partnership. 2. (n) Art. 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. entitled: (1) To a lien on. 1829. may have 44 the partnership property applied to discharge its liabilities. Where a partnership contract is rescinded on the ground of the fraud or misrepresentation of one of the parties thereto. but in ascertaining the value of the partner's interest the value of the good-will of the business shall not be considered. subject to liability for damages in the second paragraph. by the express will of any partner at any time. the surplus of the partnership property after satisfying the partnership liabilities to third persons for any sum of money paid by him for the purchase of an interest in the partnership and for any capital or advances contributed by him. when the partner who contributed it having reserved the ownership thereof. No. to have the value of his interest in the partnership. 2. 1837. and to be released from all existing liabilities of the partnership. or the payment secured by a bond approved by the court. When dissolution is caused in contravention of the partnership agreement the rights of the partners shall be as follows: (1) Each partner who has not caused dissolution wrongfully shall have: (a) All the rights specified in the first paragraph of this article. each partner. (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. who must act in good faith. 1 (b) of this article. except in contravention of the partnership agreement. (4) When a specific thing which a partner had promised to contribute to the partnership. with respect to persons who rely upon the representation. if they all desire to continue the business in the same name either by themselves or jointly with others. but the partnership shall not be dissolved by the loss of the thing when it occurs after the partnership has acquired the ownership thereof. or right of retention of. but continues until the winding up of partnership affairs is completed. perishes before the delivery. but in all other cases it is the joint act or obligation of the person acting and the persons consenting to the representation. (1700a and 1701a) Art. When all the members of the existing partnership consent to the representation. during the agreed term for the partnership and for that purpose may possess the partnership property. On dissolution the partnership is not terminated. But if dissolution is caused by expulsion of a partner. or pay any partner who has caused the dissolution wrongfully. either by payment or agreement under the second paragraph of Article 1835. and (b) The right. When dissolution is caused in any way. No. all the rights of a partner under the first paragraph. when no definite term or particular is specified. (n) Art. (3) A partner who has caused the dissolution wrongfully shall have: (a) If the business is not continued under the provisions of the second paragraph. (2) The partners who have not caused the dissolution wrongfully. No. (b) If the business is continued under the second paragraph.
(6) When a partner is expelled and the remaining partners continue the business either alone or with others without liquidation of the partnership affairs. (4) When all the partners or their representatives assign their rights in partnership property to one or more third persons who promise to pay the debts and who continue the business of the dissolved partnership. and without liquidation of the partnership affairs. (n) 45 (a) Those owing to separate creditors. to the extent of the amount which he has paid in excess of his share of the liability. who continues the business without liquidation of partnership affairs. and (3) To be indemnified by the person guilty of the fraud or making the representation against all debts and liabilities of the partnership. (8) When partnership property and the individual properties of the partners are in possession of a court for distribution. the amount necessary to satisfy the liabilities. (5) An assignee for the benefit of creditors or any person appointed by the court shall have the right to enforce the contributions specified in the preceding number. 1839. (n) Art. 1 of this article to the satisfaction of the liabilities. the claims against his separate property shall rank in the following order: (b) Those owing to partnership creditors. (d) Those owing to partners in respect of profits. (c) Those owing to partners in respect of capital. if the business is continued without liquidation of the partnership affairs. 1840. In the following cases creditors of the dissolved partnership are also creditors of the person or partnership continuing the business: (1) When any new partner is admitted into an existing partnership. (4) The partners shall contribute. (6) Any partner or his legal representative shall have the right to enforce the contributions specified in No. partnership creditors shall have priority on partnership property and separate creditors on individual property. No. under this article. second paragraph. with the consent of the retired partners or the representative of the deceased partner. (2) When all but one partner retire and assign (or the representative of a deceased partner assigns) their rights in partnership property to the remaining partner. but without any assignment of his right in partnership property. (3) The assets shall be applied in the order of their declaration in No. to the creditors of the dissolved partnership shall be satisfied out of the partnership property only. (b) The contributions of the partners necessary for the payment of all the liabilities specified in No. The liability of a third person becoming a partner in the partnership continuing the business. shall not of itself make the individual property of the deceased partner liable for any debts contracted by such person or partnership. or the name of a deceased partner as part thereof. in the place of the creditors of the partnership for any payments made by him in respect of the partnership liabilities. after all liabilities to third persons have been satisfied. When the business of a partnership after dissolution is continued under any conditions set forth in this article the creditors of the dissolved partnership. as follows: (a) Those owing to creditors other than partners. either alone or with others. as against the separate creditors of the retiring or deceased partner or the representative of the deceased partner. or to one or more of the partners and one or more third persons. 4.(2) To stand. saving the rights of lien or secured creditors. (2) The liabilities of the partnership shall rank in order of payment. . (c) Those owing to partners by way of contribution. the following rules shall be observed. (9) Where a partner has become insolvent or his estate is insolvent. (7) The individual property of a deceased partner shall be liable for the contributions specified in No. unless there is a stipulation to the contrary. on account of the retired or deceased partner's interest in the dissolved partnership or on account of any consideration promised for such interest or for his right in partnership property. subject to any agreement to the contrary: (1) The assets of the partnership are: (a) The partnership property. 2. (3) When any partner retires or dies and the business of the dissolved partnership is continued as set forth in Nos. 4. either alone or with others. or when any partner retires and assigns (or the representative of the deceased partner assigns) his rights in partnership property to two or more of the partners. (b) Those owing to partners other than for capital and profits. 2. (5) When any partner wrongfully causes a dissolution and the remaining partners continue the business under the provisions of article 1837. Nothing in this article shall be held to modify any right of creditors to set aside any assignment on the ground of fraud. The use by the person or partnership continuing the business of the partnership name. (n) Art. as provided by article 1797. In settling accounts between the partners after dissolution. have a prior right to any claim of the retired partner or the representative of the deceased partner against the person or partnership continuing the business. 1 and 2 of this article.
except when the contract involves things belonging to the principal. Special powers of attorney are necessary in the following cases: (1) To make such payments as are not usually considered as acts of administration. He may do such acts as may be conducive to the accomplishment of the purpose of the agency. and the principal does not ratify the contract. In this case. (4) To waive any obligation gratuitously. The agent may appoint a substitute if the principal has not prohibited him from doing so. If a person specially informs another or states by public advertisement that he has given a power of attorney to a third person. otherwise. 1873. 1878. and the person appointed was notoriously incompetent or insolvent. (8) To lease any real property to another person for more than one year. 1892. but he shall be responsible for the acts of the substitute: (1) When he was not given the power to appoint one. or even though the agency should authorize a general and unlimited management.Agency Art. the agent is liable if he undertook to secure the principal's ratification. (5) To enter into any contract by which the ownership of an immovable is transmitted or acquired either gratuitously or for a valuable consideration. (n) Art. (n) Art. to waive objections to the venue of an action or to abandon a prescription already acquired. it shall be void if the party with whom the agent contracted is aware of the limits of the powers granted by the principal. however. even though it may not be owing to the principal. 1875. (n) Art. 1877. to renounce the right to appeal from a judgment. Art. and in the latter case with regard to any person. Art. unless the latter act be urgent and indispensable for the preservation of the things which are under administration. except customary ones for charity or those made to employees in the business managed by the agent. the latter thereby becomes a duly authorized agent. the sale shall be void. and a special power to mortgage does not include the power to sell. 1876. 1882. The limits of the agent's authority shall not be considered exceeded should it have been performed in a manner more advantageous to the principal than that specified by him. The power shall continue to be in full force until the notice is rescinded in the same manner in which it was given. An agency couched in general terms comprises only acts of administration. Every agent is bound to render an account of his transactions and to deliver to the principal whatever he may have received by virtue of the agency. If an agent acts in his own name. even if the principal should state that he withholds no power or that the agent may execute such acts as he may consider appropriate. (7) To loan or borrow money. 1874. Agency is presumed to be for a compensation. An agency is either general or special. but without designating the person. The agent must act within the scope of his authority. (15) Any other act of strict dominion. as if the transaction were his own. (12) To create or convey real rights over immovable property. The latter. The provisions of this article shall be understood to be without prejudice to the actions between the principal and agent. 1891. The former comprises all the business of the principal. (1712) Art. All acts of the substitute appointed against the prohibition of the principal shall be void. (n) Art. (1720a) Art. the authority of the latter shall be in writing. (6) To make gifts. If the agent contracts in the name of the principal. (14) To ratify or recognize obligations contracted before the agency. (n) Art. 1883. (n) . (2) When he was given such power. (1721) Every stipulation exempting the agent from the obligation to render an account shall be void. (10) To bind the principal in a contract of partnership. the principal has no right of action against the persons with whom the agent has contracted. one or more specific transactions. (13) To accept or repudiate an inheritance. In such case the agent is the one directly bound in favor of the person with whom he has contracted. (3) To compromise. When a sale of a piece of land or any interest therein is through an agent. 1879. exceeding the scope of his authority. to submit questions to arbitration. (1714a) Art. A special power to sell excludes the power to mortgage. neither have such persons against the principal. in the former case with respect to the person who received the special information. (2) To effect novations which put an end to obligations already in existence at the time the agency was constituted. 1881. (1715) Art. 46 (11) To obligate the principal as a guarantor or surety. (9) To bind the principal to render some service without compensation. unless there is proof to the contrary. (n) Art. 1898.
1930. if any compensation is to be paid by him who acquires the use. Should the commission agent receive on a sale. he shall bear the risk of collection and shall pay the principal the proceeds of the sale on the same terms agreed upon with the purchaser. (n) Loan Art. 1907. 1931. 1938. The agency shall remain in full force and effect even after the death of the principal. (1738) Art.LOAN GENERAL PROVISIONS Art. 1933. as written. as when it is merely for exhibition. his heirs must notify the principal thereof. if such act is within the terms of the power of attorney. another called a guarantee commission. insanity or insolvency of the principal or of the agent. (n) Art. A stipulation that the bailee may make use of the fruits of the thing loaned is valid. The principal must comply with all the obligations which the agent may have contracted within the scope of his authority. but also for negligence. unless there is a stipulation to the contrary. (1727) Art. 1941.Art. which shall be judged with more or less rigor by the courts. Commodatum is essentially gratuitous. (n) Art. 1911. (n) Art. 1909. in addition to the ordinary commission. according to whether the agency was or was not for a compensation. (1739) Title XI. (4) By the dissolution of the firm or corporation which entrusted or accepted the agency. an act is deemed to have been performed within the scope of the agent's authority. (n) Art. the members of the bailee's household may make use of the thing loaned. . while in simple loan. Even when the agent has exceeded his authority. (2) By the withdrawal of the agent. 1937. (6) By the expiration of the period for which the agency was constituted. Art. (n) Art. . the principal is solidarily liable with the agent if the former allowed the latter to act as though he had full powers. one of the parties delivers to another. (1732a) Art. 1936. Consequently: (1) The death of either the bailor or the bailee extinguishes the contract. (3) By the death. or if a partner is appointed manager of a partnership in the contract of partnership and his removal from the management is unjustifiable. The bailor in commodatum need not be the owner of the thing loaned. 1942. without knowledge of the death of the principal or of any other cause which extinguishes the agency. 1927. Simple loan may be gratuitous or with a stipulation to pay interest. An agency cannot be revoked if a bilateral contract depends upon it. or in the interest of a third person who has accepted the stipulation in his favor. Movable or immovable property may be the object of commodatum. 1910. ownership passes to the borrower. Consumable goods may be the subject of commodatum if the purpose of the contract is not the consumption of the object. (1740a) Art. 1935. (1743a) Art. The bailee is liable for the loss of the thing. or unless the nature of the thing forbids such use. (2) The bailee can neither lend nor lease the object of the contract to a third person. 1900. (n) Art. 1939. 1940. or if it is the means of fulfilling an obligation already contracted. even if it should be through a fortuitous event: (1) If he devotes the thing to any purpose different from that for which it has been loaned. So far as third persons are concerned. (1941a) Art. is valid and shall be fully effective with respect to third persons who may have contracted with him in good faith. and in the meantime adopt such measures as the 47 In commodatum the bailor retains the ownership of the thing loaned. Agency is extinguished: (1) By its revocation. 1919. As for any obligation wherein the agent has exceeded his power. (n) Art. Art. in which case the contract is called a commodatum. upon the condition that the same amount of the same kind and quality shall be paid. The bailee in commodatum acquires the used of the thing loaned but not its fruits. either something not consumable so that the latter may use the same for a certain time and return it. civil interdiction. Commodatum is purely personal in character. (n) Art. However. (1726) circumstances may demand in the interest of the latter. The agent is responsible not only for fraud. in which case the contract is simply called a loan or mutuum. (5) By the accomplishment of the object or purpose of the agency. the contract ceases to be a commodatum. If the agent dies. if it has been constituted in the common interest of the latter and of the agent. the principal is not bound except when he ratifies it expressly or tacitly. The bailee is obliged to pay for the ordinary expenses for the use and preservation of the thing loaned. Anything done by the agent. or money or other consumable thing. even if the agent has in fact exceeded the limits of his authority according to an understanding between the principal and the agent. By the contract of loan. 1932.
unless there is a stipulation exemption the bailee from responsibility in case of a fortuitous event. and is bound to pay to the creditor an equal amount of the same kind and quality. (n) Art. Any stipulation between the hotel-keeper and the guest whereby the responsibility of the former as set forth in articles 1998 to 2001 is suppressed or diminished shall be void. of the effects brought by the guests and that. However. The provisions of Articles 1733 to 1753 shall apply to the passenger's baggage which is not in his personal custody or in that of his employee. as a security for credits on account of lodging. who has entered the hotel is not deemed force majeure. or injury to the personal property of the guests caused by the servants or employees of the keepers of hotels or inns as well as strangers. The hotel-keeper is not liable for compensation if the loss is due to the acts of the guest. they take the precautions which said hotel-keepers or their substitutes advised relative to the care and vigilance of their effects. However. or after the accomplishment of the use for which the commodatum has been constituted. (n) Art. Matters not expressly provided for in such special laws shall be regulated by this Code. but not that which may proceed from any force majeure. (1777a) Art. (n) Art. with the obligation of safely keeping it and of returning the same. 1980. he should have urgent need of the thing. (n) Art. or if the loss arises from the character of the things brought into the hotel. (2) If he uses the thing without the depositor's permission. If the depositary by force majeure or government order loses the thing and receives money or another thing in its place. The responsibility referred to in the two preceding articles shall include the loss of. (1783) Art. A deposit is constituted from the moment a person receives a thing belonging to another. there is no deposit but some other contract. The act of a thief or robber. 1944.(2) If he keeps it longer than the period stipulated. or after the accomplishment of the use for which the commodatum has been constituted. or to their employees. 1754. his family. The hotel-keeper cannot free himself from responsibility by posting notices to the effect that he is not liable for the articles brought by the guest. The keepers of hotels or inns shall be responsible for them as depositaries. who is not a member of his household. if in the meantime. (4) If he lends or leases the thing to a third person. (n) Art. the contract of commodatum is suspended while the thing is in the possession of the bailor. the rules in Articles 1998 and 2000 to 2003 concerning the responsibility of hotel-keepers shall be applicable. 1962. (n) Art. animals and articles which have been introduced or placed in the annexes of the hotel. The hotel-keeper has a right to retain the things brought into the hotel by the guest. (1784a) Art. (1753a) Art. 1999. savings. servants or visitors. In case of temporary use by the bailor. The bailee cannot retain the thing loaned on the ground that the bailor owes him something. 2003. 2000. 1998. The deposit of effects made by the travellers in hotels or inns shall also be regarded as necessary. A person who receives a loan of money or any other fungible thing acquires the ownership thereof. (1750a) Art. If the safekeeping of the thing delivered is not the principal purpose of the contract. (1747a) Art. 1947. he chose to save the latter. 2004. he may demand its return or temporary use. As to other baggage. 48 (4) If he allows others to use it. (5) If. Fixed. and supplies usually furnished to hotel guests. 1946. 1990. The bailor may demand the thing at will. Deposit Art. (1758a) Art. Fixed. even though it may be by reason of expenses. 1956. 2002. (n) . and current deposits of money in banks and similar institutions shall be governed by the provisions concerning simple loan. No interest shall be due unless it has been expressly stipulated in writing. being able to save either the thing borrowed or his own thing. (3) If the thing loaned has been delivered with appraisal of its value. (n) Insurance Art. 2011. the bailee has a right of retention for damages mentioned in Article 1951. The depositary is liable for the loss of the thing through a fortuitous event: (1) If it is so stipulated. The hotel-keeper is liable for the vehicles. 1980. Art. and current deposits of money in banks and similar institutions shall be governed by the provisions concerning simple loan. and the contractual relation is called a precarium. (1744a and 1745) Art. (1749a) Art. 1979. savings. provided that notice was given to them. he shall deliver the sum or other thing to the depositor. even though he himself may have been authorized to use the same. 2001. in the following cases: (1) If neither the duration of the contract nor the use to which the thing loaned should be devoted. 1953. (3) If he delays its return. The contract of insurance is governed by special laws. unless it is done with the use of arms or through an irresistible force. on the part of the latter. Art. has been stipulated. The bailor cannot demand the return of the thing loaned till after the expiration of the period stipulated. The fact that travellers are constrained to rely on the vigilance of the keeper of the hotels or inns shall be considered in determining the degree of care required of him. or (2) If the use of the thing is merely tolerated by the owner.
2041. 2012. The guarantor cannot be compelled to pay the creditor unless the latter has exhausted all the property of the debtor. 2059. The guarantor of a guarantor shall enjoy the benefit of excussion. (1832) Art. his or her creditors. 2064. 2061. sufficient to cover the amount of the debt. Chapter 3. and has resorted to all the legal remedies against the debtor. 2060. (n) Art. Without prejudice to the provisions of Article 2212. 1. securities or shares of stock is entered into with the intention that the difference between the price stipulated and the exchange or market price at the time of the pretended delivery shall be paid by the loser to the winner. or to the support of the spouse or relatives. The loser may recover what he has paid. which as added principal. as the case may be. If one of the parties fails or refuses to abide by the compromise. No action can be maintained by the winner for the collection of what he has won in a game of chance. The excussion shall not take place: (1) If the guarantor has expressly renounced it. In such case the contract is called a suretyship. spouse. binds himself to the creditor to fulfill the obligation of the principal debtor in case the latter should fail to do so. (n) Art. (n) Art. (1834a) Art. If the loser refuses or neglects to bring an action to recover what has been lost. There may be a compromise upon the civil liability arising from an offense. (n) Art. But any loser in a game of chance may recover his loss from the winner. the contracting parties may by stipulation capitalize the interest due and unpaid. 739. If a person binds himself solidarily with the principal debtor. interest due and unpaid shall not earn interest. In order that the guarantor may make use of the benefit of exclusion. called the guarantor. The following donations shall be void: (1) Those made between persons who were guilty of adultery or concubinage at the time of the donation. (n) Guaranty 49 Art. (3) In case of insolvency of the debtor. The guarantor having fulfilled all the conditions required in the preceding article. 2062. (5) If it may be presumed that an execution on the property of the principal debtor would not result in the satisfaction of the obligation. (1831a) Art. with legal interest from the time he paid the amount lost. (1813) Art. 2016. (6) Future legitime. (1822a) Art. the other party may either enforce the compromise or regard it as rescinded and insist upon his original demand. 2014. the creditor who is negligent in exhausting the property pointed out shall suffer the loss. 2018. . both with respect to the guarantor and to the principal debtor. That which is entered into between the guarantor and the creditor benefits but does not prejudice the principal debtor. shall earn new interest. or cannot be sued within the Philippines unless he has left a manager or representative. even if judgment should be rendered against the principal debtor and the guarantor in case of appearance by the latter. The guarantor may appear so that he may. In the case referred to in No.Art. the provisions of Section 4. the former shall ask the court to notify the guarantor of the action. to the extent of said property. (1830a) Art. (1835a) Art. (5) The jurisdiction of courts. 2035. (4) When he has absconded. The benefit of excussion mentioned in Article 2058 shall always be unimpaired. 1959. 2034. (1814a) Art. but such compromise shall not extinguish the public action for the imposition of the legal penalty. (2) Those made between persons found guilty of the same criminal offense. which must be against the principal debtor alone. set up such defenses as are granted him by law. By guaranty a person. The sum thereby obtained shall be applied to the creditors' claims. descedants and ascendants. by reason of his office. (2) The validity of a marriage or a legal separation. and point out to the creditor available property of the debtor within Philippine territory. and the guilt of the donor and donee may be proved by preponderance of evidence in the same action. descendants or other persons entitled to be supported by the loser may institute the action. Title I of this Book shall be observed. except in the cases mentioned in Article 2059. and subsidiarily from the operator or manager of the gambling house. (n) Art. (1833a) Art. for the insolvency of the debtor resulting from such negligence. 2058. (3) Those made to a public officer or his wife. he must set it up against the creditor upon the latter's demand for payment from him. 2047. A compromise between the creditor and the principal debtor benefits the guarantor but does not prejudice him. However. the action for declaration of nullity may be brought by the spouse of the donor or donee. 2063. In every action by the creditor. 1952. in consideration thereof. (n) Compromise Art. the transaction is null and void. (2) If he has bound himself solidarily with the debtor. The bailor cannot exempt himself from the payment of expenses or damages by abandoning the thing to the bailee. (4) Future support. if he so desire. according to said article. (3) Any ground for legal separation. No compromise upon the following questions shall be valid: (1) The civil status of persons. Any person who is forbidden from receiving any donation under Article 739 cannot be named beneficiary of a life insurance policy by the person who cannot make any donation to him. (1799a) Art. If a contract which purports to be for the delivery of goods.
(n) Art. (1864) Art. 2125. personal property is recorded in the Chattel Mortgage Register as a security for the performance of an obligation. The amount of the principal and of the interest shall be specified in writing. He is also bound to bear the expenses necessary for its preservation and repair. and thereafter to the principal of his credit. The sums spent for the purposes stated in this article shall be deducted from the fruits. or dispose of them. The debtor cannot reacquire the enjoyment of the immovable without first having totally paid what he owes the creditor. The persons in whose favor the law establishes a mortgage have no other right than to demand the execution and the recording of the document in which the mortgage is formalized. except when there is a stipulation to the contrary. 2136. without any power from the latter. Art. notwithstanding any stipulation to the contrary. (1880a) Antichresis Art. unless it is otherwise agreed. Only the following property may be the object of a contract of mortgage: (1) Immovables. Whoever voluntarily takes charge of the agency or management of the business or property of another. if the owner is in a position to do so. in order to exempt himself from the obligations imposed upon him by the preceding article. the contract of antichresis shall be void. movables may be the object of a chattel mortgage. is obliged to pay the taxes and charges upon the estate. 2131. The creditor cannot appropriate the things given by way of pledge or mortgage. the debtor shall not be entitled to the excess. 2140. 2088. that they be legally authorized for the purpose. modification and extinguishment. (n) Art. and in the absence thereof. The following requisites are essential to the contracts of pledge and mortgage: (1) That they be constituted to secure the fulfillment of a principal obligation. The actual market value of the fruits at the time of the application thereof to the interest and principal shall be the measure of such application. the things in which the pledge or mortgage consists may be alienated for the payment to the creditor. (1874a) Art. provided they are susceptible of possession. both as to its constitution. 2115. with the obligation to apply them to the payment of the interest. It is also of the essence of these contracts that when the principal obligation becomes due. The form. If the instrument is not recorded. This sale shall be made at a public auction. whether or not the proceeds of the sale are equal to the amount of the principal obligation. (2) That the pledgor or mortgagor be the absolute owner of the thing pledged or mortgaged. If the price of the sale is less. unless there is a stipulation to the contrary. (3) That the persons constituting the pledge or mortgage have the free disposal of their property. if owing. 2144. If the price of the sale is more than said amount. (2) If in fact the manager has been tacitly authorized by the owner. (1875a) Art. in order that a mortgage may be validly constituted. 2124. If the movable. But the latter. or to require the person concerned to substitute him. (1857) Art. may always compel the debtor to enter again upon the enjoyment of the property. In addition to the requisites stated in Article 2085. (1859a) Art. a second one with the same formalities shall be held. 2135. may proceed before a Notary Public to the sale of the thing pledged. The creditor. If at the first auction the thing is not sold. instead of being recorded. (1883) Art. By the contract of antichresis the creditor acquires the right to receive the fruits of an immovable of his debtor. 2112. it is indispensable. (n) Art. (n) Negostiorum Gestio Art. the contract is a pledge and not a chattel mortgage. (1872a) Art. stating the amount for which the public sale is to be held. extent and consequences of a mortgage. that the document in which it appears be recorded in the Registry of Property. (2) Alienable real rights in accordance with the laws. Third persons who are not parties to the principal obligation may secure the latter by pledging or mortgaging their own property. 2094. 2087. Nevertheless. interest and expenses in a proper case. 2133. Any stipulation to the contrary is null and void. 2134. imposed upon immovables. and as to other matters not included in this Chapter. (1882) Art. and with notification to the debtor and the owner of the thing pledged in a proper case. the creditor may appropriate the thing pledged. 2085. shall be governed by the provisions of the Mortgage Law and of the Land Registration Law. (1881) Art. is delivered to the creditor or a third person. The creditor to whom the credit has not been satisfied in due time. the mortgage is nevertheless binding between the parties. All movables which are within commerce may be pledged. is obliged to continue the same until the termination of the affair and its incidents. 50 . otherwise. This juridical relation does not arise in either of these instances: (1) When the property or business is not neglected or abandoned. neither shall the creditor be entitled to recover the deficiency. In this case he shall be obliged to give an acquittance for his entire claim. The sale of the thing pledged shall extinguish the principal obligation. By a chattel mortgage. 2132. and if at the second auction there is no sale either.Pledge and Mortgage Art.
2151. 2176. the obligation to return it arises. 2148. is obliged to pay for the damage done. Art. Six months from the publication having elapsed without the owner having appeared. 2174. provided: (1) The officious manager has acted in good faith. he shall be liable for the acts of the delegate. 2150. (1892a) Art. Art. ready to be returned to the owner. (1902a) . (615a) Art. If the movable cannot be kept without deterioration. (1891a) Art. one-tenth of the sum or of the price of the thing found. No. (2) If he has preferred his own interest to that of the owner. 2149. and pay the damages which through his fault or negligence may be suffered by the owner of the property or business under management. there being fault or negligence. any one who objects to the plan and refuses to contribute to the expenses but is benefited by the project as executed shall be liable to pay his share of said expenses. or its value. (1888a) Art. If the owner should appear in time. 2147. must return it to its previous possessor. the rules on agency in Title X of this Book shall be applicable. If the latter is unknown. The ratification of the management by the owner of the business produces the effects of an express agency. 2145. 1403. The officious manager shall be liable for any fortuitous event: (1) If he undertakes risky operations which the owner was not accustomed to embark upon. Whoever finds a movable. shall be awarded to the finder. Except when the management was assumed to save property or business from imminent danger. 2154.In the first case. even if the business may not have been successful. (1893) Art. unless the management was assumed to save the thing or business from imminent danger. or without expenses which considerably diminish its value. is called a quasi-delict and is governed by the provisions of this Chapter. The responsibility of two or more officious managers shall be solidary. (n) Solutio Indebiti Art. fire. The finding shall be publicly announced by the mayor for two consecutive weeks in the way he deems best. the provisions of Articles 1317. 2146. the officious manager shall be liable for fortuitous events: (1) If he is manifestly unfit to carry on the management. The courts may. if there is no pre-existing contractual relation between the parties. Whoever by act or omission causes damage to another. which is not treasure. The finder and the owner shall be obliged. or (2) When the contract refers to things pertaining to the owner of the business. 2152. and there shall be no right of action between the owner and third persons. the owner is liable as under the first paragraph of the preceding article. Although the officious management may not have been expressly ratified. 2175. although no benefit may have been derived. 719. and it was unduly delivered through mistake. 2171. however. flood. it shall be sold at public auction eight days after the publication. (4) If he assumed the management in bad faith. to reimburse the expenses. and shall reimburse the officious manager for the necessary and useful expenses and for the damages which the latter may have suffered in the performance of his duties. (2) If by his intervention he prevented a more competent person from taking up the management. (3) If he fails to return the property or business after demand by the owner. When in a small community a nationality of the inhabitants of age decide upon a measure for protection against lawlessness. even though he acted in the name of the owner. Such fault or negligence. (1890a) Art. The officious manager shall perform his duties with all the diligence of a good father of a family. (n) Art. and 1404 regarding unauthorized contracts shall govern. Art. he shall be obliged to pay. the owner of the property or business who enjoys the advantages of the same shall be liable for obligations incurred in his interest. If the officious manager delegates to another person all or some of his duties. Even though the owner did not derive any benefit and there has been no imminent and manifest danger to the property or business. without prejudice to the direct obligation of the latter toward the owner of the business. (1895) Solutio Indebiti Art. increase or moderate the indemnity according to the circumstances of each case. (1889a) Art. storm or other calamity. The officious manager is personally liable for contracts which he has entered into with third persons. These provisions shall not apply: (1) If the owner has expressly or tacitly ratified the management. Quasi Delict Art. 1. In the second case. The rights and obligations of the finder of lost personal property shall be governed by Articles 719 and 720. Any person who is constrained to pay the taxes of another shall be entitled to reimbursement from the latter. as a reward to the finder. and 51 (2) The property or business is intact. (n) Art. the finder shall immediately deposit it with the mayor of the city or municipality where the finding has taken place. as the case may be. The same obligation shall be incumbent upon him when the management had for its purpose the prevention of an imminent and manifest loss. 720. If something is received when there is no right to demand it. the thing found.
drinks. Proprietors shall also be responsible for damages caused: (1) By the explosion of machinery which has not been taken care of with due diligence. public buildings. even though the former are not engaged in any business or industry. (1903a) Art. If the owner was not in the motor vehicle. 2187. The owners and managers of an establishment or enterprise are likewise responsible for damages caused by their employees in the service of the branches in which the latter are employed or on the occasion of their functions. which may be harmful to persons or property. (n) Art. The father and. The responsibility of two or more persons who are liable for quasi-delict is solidary. The State is responsible in like manner when it acts through a special agent. could have. who was in the vehicle. and other public works under their control or supervision. teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices. constructed without precautions suitable to the place. But the plaintiff cannot recover damages twice for the same act or omission of the defendant. 2197. The responsibility treated of in this article shall cease when the persons herein mentioned prove that they observed all the diligence of a good father of a family to prevent damage. Compensation for workmen and other employees in case of death. (3) Nominal. 2184. prevented the misfortune. When the plaintiff's own negligence was the immediate and proximate cause of his injury. in which case what is provided in Article 2176 shall be applicable. 2178. But if his negligence was only contributory. such as firearms and poison. 2177. 2189. cities and municipalities shall be liable for damages for the death of. (1907) Art. Guardians are liable for damages caused by the minors or incapacitated persons who are under their authority and live in their company. (n) Art. the mother. 2195. streets. 2191. Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks. he cannot recover damages. Art. (5) Liquidated. by the use of the due diligence. if the former. (1908) Art. canals. but the courts shall mitigate the damages to be awarded. if not caused by force majeure. or (6) Exemplary or corrective. are responsible for the damages caused by the minor children who live in their company.Art. (4) By emanations from tubes. (2) Moral. if it should be due to the lack of necessary repairs. It is disputably presumed that a driver was negligent. Lastly. 2180. or injuries suffered by. The obligation imposed by Article 2176 is demandable not only for one's own acts or omissions. 2190. Responsibility for fault or negligence under the preceding article is entirely separate and distinct from the civil liability arising from negligence under the Penal Code. (2) By excessive smoke. the plaintiff may recover damages. toilet articles and similar goods shall be liable for death or injuries caused by any noxious or harmful substances used. The provisions of this Title shall be respectively applicable to all obligations mentioned in Article 1157. so long as they remain in their custody. Art. 52 . Damages Art. Art. but not when the damage has been caused by the official to whom the task done properly pertains. (3) By the falling of trees situated at or near highways or lanes. the provisions of Article 2180 are applicable. The rules under this Title are without prejudice to special provisions on damages formulated elsewhere in this Code. There is prima facie presumption of negligence on the part of the defendant if the death or injury results from his possession of dangerous weapons or substances. the immediate and proximate cause of the injury being the defendant's lack of due care. in case of his death or incapacity. (4) Temperate or moderate. Manufacturers and processors of foodstuffs. Rules governing damages laid down in other laws shall be observed insofar as they are not in conflict with this Code. injury or illness is regulated by special laws. Damages may be: (1) Actual or compensatory. any person by reason of the defective condition of roads. (n) Art. Provinces. (n) Art. although no contractual relation exists between them and the consumers. 2179. (n) Art. 2196. The provisions of Articles 1172 to 1174 are also applicable to a quasi-delict. and the inflammation of explosive substances which have not been kept in a safe and adequate place. bridges. In motor vehicle mishaps. 2188. but also for those of persons for whom one is responsible. 2194. (n) Art. sewers or deposits of infectious matter. The proprietor of a building or structure is responsible for the damages resulting from its total or partial collapse. the owner is solidarily liable with his driver. if he had been found guilty or reckless driving or violating traffic regulations at least twice within the next preceding two months. except when the possession or use thereof is indispensable in his occupation or business.
and the debtor incurs in delay. (5) Where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiff's plainly valid. and the indemnity shall be paid to the heirs of the latter. except liquidated ones. 2205. 2206. No proof of pecuniary loss is necessary in order that moral. . and which the parties have foreseen or could have reasonably foreseen at the time the obligation was constituted. 2216. laborers and skilled workers. (2) For injury to the plaintiff's business standing or commercial credit. social humiliation. and similar injury. fright. the indemnity for damages. the exact duration to be fixed by the court. workmen's Art. may be adjudicated. mental anguish. 2208. (10) When at least double judicial costs are awarded. legitimate and illegitimate descendants and ascendants of the deceased may demand moral damages for mental anguish by reason of the death of the deceased. In contracts and quasi-contracts. Moral Damages Art. Art. (11) In any other case where the court deems it just and equitable that attorney's fees and expenses of litigation should be recovered. In quasi-delicts. be adjudicated in the discretion of the court. Art. unless the deceased on account of permanent physical disability not caused by the defendant. nominal. Damages may be recovered: (1) For loss or impairment of earning capacity in cases of temporary or permanent personal injury. The assessment of such damages. In case of fraud. the attorney's fees and expenses of litigation must be reasonable. ACTUAL OR COMPENSATORY DAMAGES Art. except: (1) When exemplary damages are awarded. had no earning capacity at the time of his death. bad faith. interest as a part of the damages may. (1107a) Art. 2207. the recipient who is not an heir called to the decedent's inheritance by the law of testate or intestate succession. (3) The spouse. (8) In actions for indemnity under compensation and employer's liability laws. (7) In actions for the recovery of wages of household helpers. moral shock. the legal interest. malice or wanton attitude. 2199. (6) In actions for legal support. for a period not exceeding five years. one is entitled to an adequate compensation only for such pecuniary loss suffered by him as he has duly proved. Art. the contributory negligence of the plaintiff shall reduce the damages that he may recover. such indemnity shall in every case be assessed and awarded by the court. the damages for which the obligor who acted in good faith is liable shall be those that are the natural and probable consequences of the breach of the obligation. Though incapable of pecuniary computation. If the obligation consists in the payment of a sum of money. be allowed upon damages awarded for breach of contract. 2201. is left to the discretion of the court. Art. other than judicial costs. and he has received indemnity from the insurance company for the injury or loss arising out of the wrong or breach of contract complained of. and in the absence of stipulation. liquidated or exemplary damages. the aggrieved party shall be entitled to recover the deficiency from the person causing the loss or injury. (2) If the deceased was obliged to give support according to the provisions of Article 291. Interest may. just and demandable claim. may demand support from the person causing the death. which is six per cent per annum. In the absence of stipulation. the insurance company shall be subrogated to the rights of the insured against the wrongdoer or the person who has violated the contract. (3) In criminal cases of malicious prosecution against the plaintiff. according to the circumstances of each case. in the discretion of the court. Such compensation is referred to as actual or compensatory damages. 2209. moral damages may be recovered if they are the proximate result of the defendant's wrongful act for omission. Art. The principles of the general law on damages are hereby adopted insofar as they are not inconsistent with this Code. temperate. 2198. In addition: (1) The defendant shall be liable for the loss of the earning capacity of the deceased. wounded feelings. serious anxiety. shall be the payment of the interest agreed upon. there being no stipulation to the contrary. In crimes and quasi-delicts. the obligor shall be responsible for all damages which may be reasonably attributed to the non-performance of the obligation. (1108) Art.Art. (4) In case of a clearly unfounded civil action or proceeding against the plaintiff. The amount of damages for death caused by a crime or quasi-delict shall be at least three thousand pesos. 53 Art. Art. 2214. 2210. Except as provided by law or by stipulation. If the amount paid by the insurance company does not fully cover the injury or loss. attorney's fees and expenses of litigation. even though there may have been mitigating circumstances. In all cases. in a proper case. 2211. Moral damages include physical suffering. cannot be recovered. besmirched reputation. (2) When the defendant's act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest. 2217. (9) In a separate civil action to recover civil liability arising from a crime. If the plaintiff's property has been insured.
whether intended as an indemnity or a penalty. 2222. 2235. In the adjudication of moral damages. 28. oppressive. or in every case where any property right has been invaded. the court may award exemplary damages if the defendant acted in a wanton. raped. slander or any other form of defamation. 2229. 26. Art. Temperate or moderate damages. Exemplary damages cannot be recovered as a matter of right. 2226. In criminal offenses. The parents of the female seduced. may also recover moral damages. may be recovered when the court finds that some pecuniary loss has been suffered but 54 Art. 2225. liquidated or compensatory damages. the law shall determine the measure of damages. its amount can not. The adjudication of nominal damages shall preclude further contest upon the right involved and all accessory questions. Art. before the court may consider the question of granting exemplary in addition to the liquidated damages. Art. which are more than nominal but less than compensatory damages. A stipulation whereby exemplary damages are renounced in advance shall be null and void Preference & Concurrence of Credit Nominal Damages Art. temperate or compensatory damages before the court may consider the question of whether or not exemplary damages should be awarded. real or personal. in addition to the moral. (6) Illegal search. Art. 2219. (10) Acts and actions referred to in Articles 21. 32. 2234. the following claims or liens shall be preferred: (1) Duties. 34. Liquidated Damages (2) Quasi-delicts causing physical injuries. 29. Art. Liquidated damages. 2227. The court may award nominal damages in every obligation arising from any source enumerated in Article 1157. or abused. Temperate damages must be reasonable under the circumstances. 2224. 2231. under the circumstances. (9) Acts mentioned in Article 309. taxes and fees due thereon to the State or any subdivision thereof. 2232. In case liquidated damages have been agreed upon. exemplary damages may be granted if the defendant acted with gross negligence. Exemplary or Corrective Damages Art. 2221.Art. temperate or compensatory damages were it not for the stipulation for liquidated damages. such damages are justly due. Art. In quasi-delicts. fraudulent. 2223. and 35. (3) Seduction. Art. 27. 2218. The spouse. 9 of this article. When the breach of the contract committed by the defendant is not the one contemplated by the parties in agreeing upon the liquidated damages. abduction. Art. Nominal damages are adjudicated in order that a right of the plaintiff. 30. referred to in No. shall be equitably reduced if they are iniquitous or unconscionable. Exemplary or corrective damages are imposed. Art. Art. which has been violated or invaded by the defendant. Art. Such damages are separate and distinct from fines and shall be paid to the offended party. (5) Illegal or arbitrary detention or arrest. . Moral damages may be recovered in the following and analogous cases: (1) A criminal offense resulting in physical injuries. 2241. although no proof of loss is necessary in order that such liquidated damages may be recovered. may be vindicated or recognized. the court will decide whether or not they should be adjudicated. (7) Libel. exemplary damages as a part of the civil liability may be imposed when the crime was committed with one or more aggravating circumstances. and brothers and sisters may bring the action mentioned in No. 2228. the sentimental value of property. rape. While the amount of the exemplary damages need not be proved. The same rule applies to breaches of contract where the defendant acted fraudulently or in bad faith. (8) Malicious prosecution. the plaintiff must show that he is entitled to moral. 2230. from the nature of the case. by way of example or correction for the public good. may be considered. 3 of this article. or other lascivious acts. temperate. the plaintiff must show that he would be entitled to moral. ascendants. 2233. abducted. nevertheless. to be paid in case of breach thereof. as between the parties to the suit. Liquidated damages are those agreed upon by the parties to a contract. With reference to specific movable property of the debtor. Art. In contracts and quasi-contracts. Art. be provided with certainty. or malevolent manner. Art. (4) Adultery or concubinage. Willful injury to property may be a legal ground for awarding moral damages if the court should find that. and not the stipulation. 2220. descendants. Temperate or Moderate Damages Art. in the order named. and not for the purpose of indemnifying the plaintiff for any loss suffered by him. reckless. or their respective heirs and assigns.
substance and identity. or liens within the purview of legal provisions governing insolvency. 1. canals or other works. upon the immovable donated. on the movable thus made. (7) For expenses of salvage. but not for money loaned to the guests. upon the fruits harvested. or those guaranteed by a chattel mortgage. canals or other works. (8) Credits between the landlord and the tenant. (4) Compensation due the laborers or their dependents under laws providing for indemnity for damages in cases of labor accident. on the movables. canals or other works. (4) Claims of furnishers of materials used in the construction. upon the things pledged or mortgaged. upon said buildings. the following claims or credits shall be preferred in the order named: (1) Proper funeral expenses for the debtor. upon the immovable preserved or improved. (3) Claims of laborers. when approved by the court. (6) Expenses for the preservation or improvement of real property when the law authorizes reimbursement. safekeeping or preservation of personal property. 2244. (3) Expenses during the last illness of the debtor or of his or her spouse and children under his or her parental authority. or children under his or her parental authority who have no property of their own. (9) Credits for transportation. upon the goods salvaged. on said movables. for the insurance premium for two years. In the foregoing cases. shall first be satisfied. upon the immovable sold. 2242. upon the property affected. (n) Art. of the debtor. the following claims. for the price of the contract and incidental expenses. up to the value of the same. upon the price of the sale. if they have no property of their own. canals or other works. within thirty days from the unlawful seizure. manufactured or the work done. or repair of buildings. provided it has not lost its form. kept or possessed. (2) Credits for services rendered the insolvent by employees. (11) Credits for seeds and expenses for cultivation and harvest advanced to the debtor. (10) Credits of insurers. masons. in virtue of a judicial order. upon said buildings. (12) Credits for rent for one year. real and personal. (9) Claims of donors or real property for pecuniary charges or other conditions imposed upon the donee. the creditor may demand them from any possessor. (13) Claims in favor of the depositor if the depositary has wrongfully sold the thing deposited. repaired. until their delivery and for thirty days thereafter. (5) Mortgage credits recorded in the Registry of Property. (5) Credits for the making. the lien may be enforced on the price. Article 2241. 55 . when the price thereof can be determined proportionally. (8) Claims of co-heirs for warranty in the partition of an immovable among them. (7) Credits annotated in the Registry of Property. mortgages and liens shall be preferred. With reference to other property. or illness resulting from the nature of the employment. The claims or credits enumerated in the two preceding articles shall be considered as mortgages or pledges of real or personal property. but not on money or instruments of credit. or household helpers for one year preceding the commencement of the proceedings in insolvency. neither is the right lost by the sale of the thing together with other property for a lump sum. Article 2242. reconstruction or repair of buildings. (6) Claims for laborers' wages. and if the movable has been resold by the debtor and the price is still unpaid. upon the property insured. 1.(2) Claims arising from misappropriation. and No. and only as to later credits. upon the goods carried. With reference to specific immovable property and real rights of the debtor. on the share of each in the fruits or harvest. this right is not lost by the immobilization of the thing by destination. (1922a) Art. reconstruction. (10) Credits for lodging and supplies usually furnished to travellers by hotel keepers. (3) Claims for the unpaid price of movables sold. (1923a) Art. on the goods (2) For the unpaid price of real property sold. as well as of architects. arising from the contract of tenancy on shares. (4) Credits guaranteed with a pledge so long as the things pledged are in the hands of the creditor. upon the real estate mortgaged. or malfeasance by public officials committed in the performance of their duties. upon the real property thus divided. engineers and contractors. upon the personal property of the lessee existing on the immovable leased and on the fruits of the same. Taxes mentioned in No. by attachments or executions. mechanics and other workmen. laborers. on the movables belonging to the guest as long as such movables are in the hotel. and shall constitute an encumbrance on the immovable or real right: (1) Taxes due upon the land or building. breach of trust. 2243. money or securities obtained by them. repair. engaged in the construction. up to the value thereof. so long as they are in the possession of the debtor. if the movables to which the lien or preference attaches have been wrongfully taken.
and for three months thereafter. (7) Fines and civil indemnification arising from a criminal offense. during the last year preceding the insolvency. (10) Taxes and assessments due any province. (11) Taxes and assessments due any city or municipality. No. (8) Legal expenses. (6) Support during the insolvency proceedings. (1924a) 56 . when properly authorized and approved by the court. other than those referred to in Articles 2241. and 2242. respectively. 1. if they have been the subject of litigation. 1. 1. and expenses incurred in the administration of the insolvent's estate for the common interest of the creditors. (12) Damages for death or personal injuries caused by a quasi-delict. No. 1. and 2242. and 2242. No. No. other than those mentioned in Articles 2241.(5) Credits and advancements made to the debtor for support of himself or herself. 1. (9) Taxes and assessments due the national government. other than those indicated in Articles 2241. These credits shall have preference among themselves in the order of priority of the dates of the instruments and of the judgments. or (b) in a final judgment. No. 1. without special privilege. appear in (a) a public instrument. and family. (14) Credits which. No. (13) Gifts due to public and private institutions of charity or beneficence.
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